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HomeMy WebLinkAbout1979-49 Amending of the Vail Municipal Code Repealing and Reenacting Sections18.66.080 Relating to the Giving of Notice of Hearings Required by the Zoning Code; section 18.66.110 Relating to the Initiation of Amendments to the Zoning Code~ • • ORDINANCE NO. 49 Series of 1979 AN ORDINANCE AMENDING OF THE VAIL MUNICIPAL CODE REPEALING AND REENACTING SECTIONS 18.66.080 RELATING TO THE GIVING OF NOTICE OF HEARINGS REQUIRED BY THE ZONING CODE, SPECIFYING WHO SHOULD RECEIVE NOTICE, TIME THEREFORE AND OTHER MATTERS RELATING TO THE GIVING OF NOTICE; SECTION 18.66.110 RELATING TO THE INITIATION OF AMENDMENTS TO THE ZONING CODE; SECTION 18.66.130 RELATING TO HEARINGS FOR ZONING CODE AMENDMENTS; AND SETTING FORTH DETAILS RELATING TO THE FOREGOING. WHEREAS, certain questions have arisen concerning the giving of notice and the holding of hearings related to Zoning O.ode amendments; and WHEREAS, the proposed amendments to the Zoning C~!ode have been properly considered by the Planning and Environmental Commission after notice was given and the recommendations of the Planning and Environmental Commission have been received by the Town Council; and WHEREAS, the Town Council is of the opinion that the Zoning Code should be amended as set forth below; NOW, THEREFORE, BE ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 18.66.080 Hearing Notice is hereby repealed and reenacted to read as follows: 18.66.080 Hearing Notice (a) Not less than fifteen (15) days prior to the date set for the hearing before the Planning and Environmental Commission, the Zoning Administrator shall cause a copy of the notice to be published once in a newspaper of general cir- culation in the Town. _ (b) In addition to the published notice, the Zoning Administrator shall cause a copy of the notice to be mailed by first class mail, postage prepaid to the owner or owners of record of the property which is subject of the hearing and the owner or owners of record of the property adjacent to the subject property (if the adjacent property is a condominium project, notice may be mailed to the managing agent, registered agent or any member of the Board of Directors thereof), for any amendment, change or application relating to: i ~ • - Ordinance No. 49 Page 2 (1) Changes in zoning district boundaries; (2) Conditional Uses; (3) Variances; (4) Development plans for Special Development Districts; and • (5) Changes in the Density Control Sections in any of the Zone Districts. (c) The within required notices shall state the time and place of the hearing, name of the applicant, a general description of the subject property indicating its location (which may be shown by map ), a brief summary of the subject matter of the hearing, and a statement that the application or information relating to the proposed change or amendment is available in the Zoning Administrator's office during regular business hours for review or inspection by the public. Section 2. Paragraph A of Section 18.66.110 Amendment Initiation is hereby repealed and reenacted to read as follows: 18.66.110 Amendment Initiation (a) An amendment of the regulations of this title or a change in district boundaries may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion~by petition of any resident or property owner in the Town, or by the Zoning Administrator. Section 3. Section 18.66.130 Amendment-Hearing is repealed and reenacted to read as follows: 18.66.130 Amendment Hearing Upon filing of a petition for amendment or upon initiation of an amendment by the Town Council, Planning and Environmental Commission, or Zoning Administrator, the Zoning Administrator shall set a date for hearing in accordance with the provisions of Sections 18.66.080 and 18.66.090 (Ord. 8 (1973) & 21.503.) Section 4. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly ~- Ordinance No. 49 Page 3 I stated herein. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection. sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED r PUBLISHED ONCE IN FULL ON this 4th day of December, 1979, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 18th day of December, 1979, at ?:30 P.M., in the Municipal Building of the Town. ~~_ ~~ Mayor ATTEST: f ,. .., own Clerk ~ ~ ~~_ INTRODUCED ON SECOND READING, READ, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS 2.-/ day of ~~ 1979. ~=~-:. Mayor ~ ATTEST: ~%T'"/ / - Town Clerk ,/' A ~% ~ • /i r`~.