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HomeMy WebLinkAbout05175 1 .a. ORDINANCE NO 5175 AN ORDINANCE AMENDING CHAPTERS 2 AND 4, TITLE XVII OF THE 1971 CODE OF ORDINANCES RELATING TO THE ESTABLISHMENT OF AN HISTORIC BUSINESS ZONE DISTRICT AND ADDING NEW ZONING DEFINITIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, THAT (Brackets indicate material being deleted and underscording indicates material being added ) SECTION 1 Chapter 4 of Title XVII of the 1971 Code of Ordinances is hereby amended by the addition of a new subsection, 12 1, which shall read as follows (12 1) Historic Business Zone District (H B ) (a) Purpose The standards of this district are intended to preserve existing historic structures and to control and regulate the architectural styles and aesthetic quality of building, construct- ing, altering, painting, renovating, modifying, repairing, moving, or demolishing any building or structure within this zone district (b) Uses by Right 1 Artist (commercial) 2 Bakery (retail only) 3 Beauty and barber shop 4 Floral Shop (retail only) 5 Hotel 6 Office 7 Restaurant 8 Residence - commercial, apartments, or condominiums 9 Retail store 10 Shop (art & craft) (c) Uses by review A use by review is any of the following uses which are permitted only upon issuance of a special use permit 1. Any use which is permitted as a use by right in a B -4 zone district 2 Bulk storage, warehousing or wholesaling 3 Garage, repair 4 Retail manufacturing 5 Drinking place (d) Architectural Review Committee 1 There is hereby created an architectural review committee which shall consist of five (5) persons appointed by resolution of City Council for such terms and upon such conditions as shall be set forth in such resolution The committee shall be composed of three persons who are tenants or property owners within the same historic business zone district, one architect or other design professional, and the Director of the Pueblo Regional Building Department or his designee 2 No building permit shall be issued nor shall any work be undertaken or commenced to construct, reconstruct, remodel, re- pair, paint, rehabilitate, or in any way alter or modify the exterior of any building in an historic business zone district until the architectural review committee has reviewed, approved and issued a written certificate of compliance for such work 3 All persons wishing to perform work to the exterior of a building shall submit a completed application for such work to the committee Any application submitted on or before the last working day of any month shall be reviewed not later than the last working day of the following month Failure of the committee to act upon the application timely shall be deemed to be approval by the committee unless such time for review is continued by the committee for good cause 4 The committee shall determine if the proposed work meets the intent and purpose of this section The committee shall take into consideration the proposed architectural design and changed exterior of the building to insure compatibility with surrounding structures 5 The applicant shall provide to the Committee in suf- ficent detail complete plans and specifications, a rendering of the proposed work or exterior change, and a site plan showing the pro- posed work and its relationship to adjacent properties -2- 6 A majority vote of the committee present at any meeting at which a quorum is present shall be required to approve proposed exterior work. 7 The committee shall maintain written records of all applications submitted to it and of all actions taken by it thereon, and such records shall be available to owners for inspection at reasonable business hours 8 The committee and the members thereof shall not be liable in damages to any person submitting requests for approval, or to any tenant or property owner within the district by reason of any action, failure to act, approval or disapproval in regard to any matter within its jurisdiction hereunder 9 The Pueblo Zoning Board of Appeals, after receipt of a recommendation from the committee, is hereby authorized to grant reasonable variances or adjustments from any conditions and restric- tions imposed by this section to overcome practical difficulties and prevent unnecessary hardship arising by reason of the application of the requirements and restrictions contained in this section Such variances or adjustments shall be granted only when such will not be materially detrimental or injurious to other property or improvements in the district and shall not be contrary to the general intent and purpose of this section 10 The committee shall appoint annually a chairperson and vice chairperson and may adopt rules of procedure which are consistent with this section, and the administrative code and charter of the City of Pueblo (e) Performance Standards 1 All exterior additions, alterations, and renovations shall be approved by the architectural review committee prior to commencement of work or before the issuance of a building permit where one is required. 2 All trash shall be stored in a tightly enclosed fenced area of sufficient height to totally obscure the storage area from a height of five feet along any adjacent public right -of -way. All trash storage areas shall be kept and maintained in a neat and orderly appearance at all times -3- 3 Fencing or screening of vacant lots shall obtain prior approval of the committee and such fencing material shall be con- structed of material compatible in color, texture and design with adjacent structures and screening 4 Rehabilitation - Reconstruction All buildings, structures and sites shall be considered products of their own time Changes which have taken place in the course of time may be reflected in the development of a building, however, all rehabilitation shall preserve the character and distinguishing original qualities of the building, structure, site, and the surrounding environment. Applicants for a certificate of compliance to perform exterior work shall demonstrate: (i) That no historic material or distinctive archi- tectural feature will be altered or removed (ii) That distinctive stylistic features and skilled craftsmanship that characterize the building, structure or site will be preserved (iii) That deteriorated architectural features shall, wherever possible, be repaired rather than replaced When replaced, such material shall match the material being replaced as closely as possible in composition, design, color, texture, and other qualities (iv) That surface cleaning of the structure will be undertaken with a method that is most likely to preserve the integrity and appearance of the structure Sandblasting and other cleaning methods that will damage the historic building materials are pro- hibited (v) That reinforcement required for structural stability or the installation of life, safety, or updated building code require- ments shall be concealed wherever possible to avoid concealment of esthetic or historical qualities (vi) That reconstruction of a portion of a structure will be undertaken only when such work is necessary to reproduce a significant missing feature of a building or structure 5 Alteration and new construction Alterations shall not destroy the significant historical, architectural, or cultural materials -4- of the building or structure, and shall be constructed in such a manner to preserve the essential form and integrity of the structure All alterations and new construction shall be compatible with the size, scale, architectural detail and character of the existing building The following requirements shall apply to all remodeling, renovation, construction and reconstruction of any existing or pro- posed building or structure (i) Height the height of the proposed alteration or addition shall not be 25% higher than the average height of buildings or structures within a 100 foot radius of the property (ii) Front setback additions or alterations shall not project beyond the uniform existing setback line established by adjoining structures (iii) Side setbacks additions and alterations shall maintain the general pattern of spaces between buildings as found within the district (iv) Scale the addition or alteration shall not be inconsistent with the size of the existing building and its relation- ship with adjoining structures within the district (v) Proportion the proportion and relationship between doors and windows proposed in the addition or alteration shall be compatible with the architectural style and character of the existing structure New windows and doors shall be of similar size and shape and shall incorporate other facade elements and patterns established in the existing structure (vi) Direction - alignment window frames, transom windows, first floor display windows, sign boards, moldings, and cornices shall align and be compatible with the dominant horizontal and vertical expression of the existing structure (vii) Roof shapes the design of the roof of the addition or alteration shall be compatible with the architectural style of the existing structure (viii) Architectural detail architectural details, including, but not limited to, material, color and texture shall be compatible with the architectural style of the existing structure -5- 6 Demolition and Removal It is the intent of this ordinance to discourage, wherever possible, the partial or total demolition of any historically significant building or structure The committee shall consider the following factors in determining whether to approve the demolition of any building or structure (i) Whether or not the demolition or removal of such structure would negatively impact an historic business zone district (ii) Whether any beneficial use can be conducted on the property in its present or rehabilitated condition (iii) Whether the property presently or in the future will yield a reasonable economic return to its owner (iv) Whether a licensed engineer or architect, experienced in rehabilitition of structures, has found that the building or structure is unsound and unsuitable for rehabilitation SECTION 2 Section 1, Chapter 2, Title XVII of the 1971 Code of Ordinances is hereby amended by the addition of a new subsection 42 A which shall read as follows 42 A Retail - manufacturing A use which allows for the manufacture or fabrication of a household product which is sold at retail from the same location (The product may also be distributed to other sales outlets) SECTION 3 Section 1, Chapter 2, Title XVII of the 1971 Code of Ordinances is hereby amended by the addition of a new subsection 43 A which shall read as follows 43 A Shop (artist and craft) A use devoted primarily to the sale of an arts or craft service or product(s) and the service performed or the product sold is conducted or prepared in finished form on the premises (Packaging shall not be considered to be preparation) SECTION 4 This Ordinance shall become effective upon final passage and approval INTRODUCED September 10, 1984 By REIMAR VON KALBEN Councilperson -6- APPROVED 4/ / P ent of City Council ATTEST City erk -7-