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HomeMy WebLinkAbout08422ORDINANCE NO. 8422 AN ORDINANCE AMENDING SECTION 17-4-23 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ACCESSORY STRUCTURE SIZE AND NUMBER IN THE AGRICULTURAL ZONE DISTRICTS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material deleted, underscoring indicates material added.) SECTION 1. Subsection (c) of section 17-4-23, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of paragraph (8) thereof, to read as follows: Sec. 17-4-23. Accessory buildings and structures. . . . (c) Unless otherwise specified, all detached accessory structures shall comply with the following: . . . [] , , (8) Detached accessory structures located within the A-1, A-2 or A-3 and A-4 , and upon property which meets the minimum zone districts lot size requirements of the zone, are not subject to the limitations of [] ; provided that the Paragraphs 17-4-23(c)(1) and 17-4-23(c)(2) , aggregate footprint of all of the accessory structures upon the property cannot exceed fifteen (15%) of the total lot size or three thousand (3,000) square feet, whichever is less. This exception shall only apply providedthatthe use is restricted to limited agricultural activities for the exclusive use of the single-family residence’s occupants only. For the purposes of this Section, limited agricultural activities commercial specifically excludes auto storage, warehousing, fabrication, All accessory structures that rebuilding, manufacturing or production. otherwise meet the provisions of this Section may apply for a variance to exceed three thousand (3,000) square feet upon demonstration that the size restriction inhibits the reasonable use of their property. Variances to this Section shall be in accordance with procedures set forth in Section 17-5-34. . . . 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 November 28, 2011 BY: Judy Weaver COUNCILPERSON PASSED AND APPROVED: December 12, 2011 Background Paper for Proposed ORDINANCE DATE: NOVEMBER 28, 2011 AGENDA ITEM # R-7 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE AMENDING SECTION 17-4-23 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ACCESSORY STRUCTURE SIZE AND NUMBER IN THE AGRICULTURAL ZONE DISTRICTS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City Council amend Chapter 4 of Title XVII of the Pueblo Municipal Code relating to Accessory Structures in Agricultural Zone Districts? RECOMMENDATION The Planning and Zoning Commission, at their November 9, 2011 Regular Meeting, voted 5-0 to recommend approval. BACKGROUND The proposed Ordinance will extend exemptions to the requirements for accessory structures within the A-4 Zone District and provide reasonable maximum square footage (3,000 sq. ft.) for such structures. The Ordinance will also allow A-1, A-2, A-3, and A-4 properties to apply for variances to increase the maximum square footage, if a reasonable need can be demonstrated. Currently, there are approximately 93 lots in the La Vista neighborhood that would be affected by this proposed change and another 30-40 lots citywide. This Ordinance would primarily assist those few large lot landowners who have country residential style residences, such as in the La Vista area. In part, buyers purchase A-4 zoned lots to erect larger structures to house agricultural equipment or for limited equestrian use. Large structures were previously built in the A-4 Zone District, but a 2007 text amendment eliminated that possibility and applying for a variance was not allowed. FINANCIAL IMPACT None.