HomeMy WebLinkAbout08371ORDINANCE NO. 8371
AN ORDINANCE AMENDING SECTION 17-3-4(5) OF
CHAPTER 3 OF TITLE XVII OF THE PUEBLO MUNICIPAL
CODE RELATING TO NONCONFORMING STRUCTURES
AND THE ENLARGEMENT THEREOF AND PROVIDING
PENALTIES FOR THE 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 17-3-4 of Chapter 3, Title XVII of the Pueblo Municipal Code, as
amended, is hereby modified by the amendment of subsection (5) thereof, to read as
follows:
Sec. 17-3-4 Nonconforming structures.
. . .
(5) Notwithstanding any contrary provision in this Chapter, nonconforming
structures which were single family residences on or before February 1, 1968, as
determined by the Administrative Official, may be enlarged within the existing parcel
provided such single-family residence is not enlarged by more than thirty (30)
percent of the gross floor area of the residence. Such enlargement may be
[
permitted only if such change does not result in a greater nonconformance to the
dimensional requirements including setbacks, singe family home placement
]
standards and coverage, and if the parking requirements for the residence are met.
the encroachment, or the expansion of any existing encroachment, of a
building wall, into any required setback or exceeding maximum lot coverage.
[
Any such enlargement shall require review and administrative approval of a permit
]
Any such enlargement shall require review
from the Zoning Board of Appeals.
andadministrativeapproval by the Administrative OfficialAny enlargement
.
that is greater than 40% of the gross floor area, is taller than the original
building, or any addition that encroaches into a required setback, must be
approved with a permit or variance from the Zoning Board of Appeals
.
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 June 27, 2011
BY: Larry Atencio
COUNCILPERSON
PASSED AND APPROVED: July 11, 2011
Background Paper for Proposed
ORDINANCE
DATE: JUNE 27, 2011 AGENDA ITEM # R-9
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE AMENDING SECTION 17-3-4(5) OF CHAPTER 3 OF TITLE XVII OF
THE PUEBLO MUNICIPAL CODE RELATING TO NONCONFORMING STRUCTURES
AND THE ENLARGEMENT THEREOF AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF
ISSUE
Should the City Council amend Chapter 3 of Title XVII of the Pueblo Municipal Code
relating to Nonconforming Structures?
RECOMMENDATION
The Planning and Zoning Commission, at their June 8, 2011 Regular Meeting, voted 5-0
to recommend approval.
BACKGROUND
Currently, numerous building code regulations discourage citizens from rehabilitating
and expanding older housing stock built prior to the passage of the City’s Zoning
Ordinances. The proposed Ordinance will allow staff to administratively process
additions to legal nonconforming structures (buildings that were historically constructed
in the setback areas) that will be erected outside the current setback distances.
Currently, any addition to a nonconforming building would require approval from the
Zoning Board of Appeals (ZBA), a cumbersome and expensive process for people
wanting to reinvest in older sections of the City. Any additions that exceed 40% of the
gross floor square footage or propose heights taller than the original building would still
need ZBA approval.
FINANCIAL IMPACT
None.