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
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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
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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
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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
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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
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APPROVED
4/ /
P ent of City Council
ATTEST
City erk
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