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HomeMy WebLinkAbout08476ORDINANCE NO. 8476 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE R-8 ZONE DISTRICT AND MOBILE HOMES AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates matter being added) SECTION 1. Section 17-4-51, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby amended by the amendment of subsection (9.1), to read as follows: Sec. 17-4-51. Permitted use of land and buildings. . . . (9.1) Manufactured Home Residential District (R-8): . . . c. Uses by review. . . . 2.1 Mobile home, one-family (if replacing existing mobile home, one-family) . . . 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: April 9, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: April 23, 2012 Background Paper for Proposed ORDINANCE DATE: APRIL 9, 2012 AGENDA ITEM # R-4 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE R-8 ZONE DISTRICT AND MOBILE HOMES AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should City Council amend Chapter 4 of Title XVII of the Pueblo Municipal Code relating to the R-8 Zone District and Mobile Homes? RECOMMENDATION The Planning and Zoning Commission, at their March 14, 2012 Regular Meeting, voted 4-0 to recommend approval. BACKGROUND The proposed Ordinance will allow for single-wide mobile homes to replace existing single-wide mobile homes in the R-8, Manufactured Home Residential District, upon issuance of a Special Use Permit through the Zoning Board of Appeals. The R-8 Zone District permitted uses, as well as the definitions of manufactured and mobile homes have been changed over the years, no longer allowing a single-wide mobile home to be installed on an R-8 zoned property. In addition, legal non-conforming uses would be permitted to remain unless the use is discontinued or abandoned for six consecutive months or for eighteen months during any three-year period. The mobile home issue is unique in that the structure (mobile home) is actually considered a use and the only way to remove or discontinue the use would be to remove the structure. The Zoning Code requires that once the non-conforming use is removed, the property can no longer continue this use. Staff feels it would be appropriate to allow an existing single-wide mobile home to be replaced with another single-wide mobile home in the R-8 Zone District upon issuance of a Special Use Permit. FINANCIAL IMPACT None.