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HomeMy WebLinkAbout08310ORDINANCE NO. 8310 AN ORDINANCE AMENDING SECTION 17-4-7 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO AN EXCEPTION TO LANDSCAPE REQUIREMENTS FOR CERTAIN STRUCTURES AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 17-4-7 of Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the addition of paragraph (10) thereto, to read as follows: (10) The provisions of this Section shall not apply to the following: a. Freestanding pole signs of not more than 100 square feet and not more than 25 feet high, only as permitted by Chapter 10 of this Title; b. Monument signs of not more than 64 square feet and not more than ten (10) feet high, only as permitted by Chapter 10 of this Title; c. Light, flag and telephone poles; d. Fences 6' tall or shorter; e. Product vending machines, such as movie kiosks, soda pop machines, automatic teller machines (ATM's); f. Site furnishings, such as art, benches, trash receptacles and similar improvements and fixtures; g. Temporary fabric shade or tent structures that do not require a building permit. SECTION 2. This Ordinance, and these amendments to Title XVII of the Pueblo Municipal Code, shall be subject to administration and enforcement in accordance with Chapters 5 and 7 of the Title XVII, Pueblo Municipal Code, as amended. Any person who violates any provision of this Ordinance or these amendments shall be guilty of a municipal offense and subject to the punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended. SECTION 3. This Ordinance shall become effective upon final passage and approval. INTRODUCED: January 24, 2011 BY: Larry Atencio PASSED AND APROVED: February 14, 2011 Background Paper for Proposed ORDINANCE DATE: JANUARY 24, 2011 AGENDA ITEM # R-6 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE AMENDING SECTION 17-4-7 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO AN EXCEPTION TO LANDSCAPE REQUIREMENTS FOR CERTAIN STRUCTURES AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should the City Council amend Chapter 4, of Title XVII of the Pueblo Municipal Code relating to an exception to landscape requirements for certain structures? RECOMMENDATION The Planning and Zoning Commission, at their December 8, 2010 Regular Meeting, voted 6-1 to recommend approval. BACKGROUND The proposed Ordinance will provide exceptions to the landscape code for certain structures. Currently, the Pueblo Municipal Code (PMC) requires compliance with the landscape code for the installation or construction of structures. Section 17-2-1 (62) of the PMC defines a structure as anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, billboards, poster panels, signs, towers (antennas), wind turbines, and satellite dishes. This definition encompasses small and large structures and causes an unnecessary hardship when small structures are proposed on a previously developed lot. In particular, this hardship is created for the installation of small monument and freestanding signs, light, flag and telephone poles, fences 6’ tall or shorter, product vending machines, site furnishings, and temporary fabric shade structures. FINANCIAL IMPACT None.