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.