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HomeMy WebLinkAbout981039.tiff ORDINANCE NO. 89-11 IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority, under the Weld County Home Rule Charter and State statute, including Article 28 of Title 30 C.R.S., as amended, to adopt zoning regulations for the unincorporated areas of the County of Weld, State of Colorado, and WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, has previously adopted Ordinance No. 89, Weld County Zoning Ordinance, establishing a comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated areas of the County of Weld and has adopted amendments in Ordinances 89-A through 89-HH, and WHEREAS, said Ordinance No. 89, as amended, is in need of revision and clarification with regard to certain procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 89, as amended, be, and hereby are, repealed and re-enacted, with amendments, and the various sections are revised as follows: ADD SECTION 8.3 as follows : 8.3 Transition to the Planned Unit Development Ordinance 8.3.1 All properties which have received land use approval for a Change of Zone to Planned Unit Development prior to the effective date of Ordinance 197 (January 26, 1998) and meet the following conditions shall adhere to the regulations and processing method for Planned Unit Development set forth in Ordinance 89. 8.3.1.1 The application for final plan conforms to the approved Planned Unit Development District. 8.3.1.2 The applicant has diligently pursued the Final Plan or has received an extension of time in accordance with Section 28.15.5 of the Weld County Zoning Ordinance. 981039 ORD89 ORDINANCE #89-II PAGE 2 8.3.2 All other Planned Unit Development applications shall adhere to the rules and regulations as set forth in Ordinance 197. BE IT FURTHER ORDAINED by the Board that this Ordinance shall become effective five days after its final public notice, as provided by Section 3-14(2) of the Weld County Home Rule Charter. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 89-II was, on motion duly made and seconded, adopted by the following vote on the 27th day of July, A. D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Constance L. Harbert, Chair Weld County Clerk to the Board W. H. Webster, Pro-Tem BY: Deputy Clerk to the Board George E. Baxter APPROVED AS TO FORM: Dale K. Hall County Attorney Barbara J. Kirkmeyer First Reading: June 17, 1998 Publication: June 24, 1998 Second Reading: July 6, 1998 Publication: July 15, 1998 Final Reading: July 27, 1998 Publication: August 5, 1998 Effective: August 10, 1998 981039 ORD89 Hello