Laserfiche WebLink
BOOK 63 R, CE 1 �5 <br />TO: The Honorable Members DATE: February 17, 1986 FILE: <br />of the Board of County <br />Commissioners <br />DIVISION HEAD CONCURtRENCE: <br />SUBJECT: ZONING ORDINANCE AMEND- <br />MENT TO RECREATE MINING <br />Robert M. ea i g, CP ORDINANCE <br />Planning & Deve op ent Director <br />F1304iKchard Shearer, AICP REFERENCEq;nin r <br />g Ord. Memo <br />Chief, Long -Range Planning CHIEF <br />It is requested that the data herein presented be given formal <br />consideration by the Board of County Commissioners at their <br />regular meeting of February 26, 1986. <br />DESCRIPTION & CONDITIONS <br />The staff is initiating a request to amend the General Provisions <br />Section of the Zoning Ordinance by recreating subsection (r) the <br />Mining and Excavation Ordinance. <br />On May 15, 1985, the Board of County Commissioners adopted an <br />Ordinance enacting a comprehensive amendment to the General <br />Provisions section of the Zoning Ordinance. This amendment <br />indicated that subsection (r) would be reserved rather than <br />retained. The Municipal Code Corporation interpreted this action <br />to repeal subsection (r). The new General Provisions Section of <br />the Zoning Ordinance, prepared by the Municipal Code Corporation, <br />does not include the Mining and Excavation Ordinance. <br />ALTERNATIVES & ANALYSIS <br />The planning staff does not feel that it was the legislative <br />intent to repeal the Mining and Excavation Ordinance and that it <br />was incorrectly deleted from the General Provisions Section by <br />the Municipal Code Corporation. However, after discussing this <br />situation with the County Attorney's staff, it was decided that <br />the fastest way to clear up this situation is to reenact the <br />Mining and Excavation Ordinance. <br />RECOMMENDATION <br />Staff recommends that the Board of County Commissioners reenact <br />subsection (r) of the General Provisions Section of the Zoning <br />Ordinance known as the Mining and Excavation ordinance. <br />Commissioner Wodtke asked whether by recreating this <br />ordinance, we are saying that we have not had a mining ordinance <br />since May of 1985, and Attorney Vitunac advised it is staff's <br />opinion that we always have had a mining ordinance. He ex- <br />plained that while the Code is evidence of what our law is, it is <br />not the best evidence; the best evidence is each ordinance as it <br />is passed by the Board. The County Attorney felt it was clear we <br />12 <br />