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HomeMy WebLinkAbout08593ORDINANCE NO. 8593 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO A-3, AND A-4 ZONE DISTRICTS AND HOME OCCUPATIONS 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 amended by the amending of subsection (2)c. to read as follows: Sec. 17-4-51. Permitted use of land and buildings. . . . (2) Agricultural Three (A-3) and Four (A-4) Districts: . . . c. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit. 1. Bed and breakfast home. 2. Cemetery, crematory, mausoleum. [] 3.5. Church and religious buildings. 6. Home Occupation. [] 3.1.7. Pigeon and dove keeping (Limited use permit) [] 4.8. Recreation facilities, private. [] 59. . Utilities as outlined in Section 17.4-30. [] 6.3. Child care center. [] 7.4. Child care home. [] 8.10. Wind turbine. . . . 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: May 13, 2013 BY: Chris Kaufman PASSED AND APPROVED: May 28, 2013 Background Paper for Proposed ORDINANCE DATE: MAY 13, 2013 AGENDA ITEM # R-4 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO A-3 AND A-4 ZONE DISTRICTS AND HOME OCCUPATIONS AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should the City Council approve an Ordinance allowing Home Occupations as a Use by Review in the Agricultural Three (A-3) and Agricultural Four (A-4) Zone Districts? RECOMMENDATION The Planning and Zoning Commission at their April 10, 2013 Regular Meeting voted 5- 0 to recommend approval of the proposed Ordinance. BACKGROUND Home Occupations are defined as limited commercial activities and must be classified as a service, such as a small beauty salon. Home Occupations are allowed as a Use by Review in most residential zone districts, but they were never allowed in A-3 and A- 4 zone districts when the zoning code was approved in 1968. Most A-3 and A-4 zoned land functions as large lot country residential style development. Homes in A-3 and A- 4 zone districts function similar to adjacent neighborhoods zoned residential except they may have horses and limited agricultural uses for the residents. The text amendment would allow residents in the A-3 and A-4 zones to apply to the Zoning Board of Appeals for approval of service type home occupations as a Use by Review on a case by case basis. The Zoning Board would help mitigate any occupation activity by applying relevant conditions as they do in other residential zone districts in the City. The text amendment would not allow large, commercial operations and would not alter any of the uses that are already allowed in the zone district. FINANCIAL IMPACT None.