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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.