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HomeMy WebLinkAbout08677 Background Paper for Proposed ORDINANCE DATE:NOVEMBER 25, 2013 AGENDA ITEM # R-5 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JEFF BAILEY, P.E., ACTING DIRECTOR TITLE AN ORDINANCE AMENDING SECTION 17-2-1 OF CHAPTER 2 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE DEFINITION OF RESIDENCE, MULTI-FAMILY AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should City Council amend Section 17-2-1 of Chapter 2 of Title XVII of the Pueblo Municipal Code relating to the definition of Residence, Multi-family? RECOMMENDATION The Planning and Zoning Commission, at their November 13, 2013 Regular Meeting, voted 6-0, with Commissioner Lucas absent, to recommend approval. BACKGROUND In 2002 at a Planning and Zoning Commission Work Session, an Ordinance was drafted that included the definition of Residence, Multi-family as being a detached residential building containing four (4) or more dwelling units. City Council passed the Ordinance (No. 6966) in 2003. The definition that was contained in the approved Ordinance defined Residence, Multi-family as a detached residential building containing four (4) dwelling units. The approved Ordinance differed from the draft Ordinance in that the or more was omitted from the final Ordinance. It appears through studying the Minutes and memorandums that were produced the omission was due to an error rather than due to an official action or request that it be removed. It has been past practice and the interpretation of the Administrative Official that Residence, multi-family is four or more families. This Ordinance will amend the language contained in the Pueblo Municipal Code by adding or more to the definition of Residence, multi-family. FINANCIAL IMPACT None. ORDINANCE NO. 8677 AN ORDINANCE AMENDING SECTION 17-2-1 OF CHAPTER 2 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE DEFINITION OF RESIDENCE, MULTI- FAMILY AND PROVIDING PENALTIES FOR 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 17-2-1 of Chapter 2, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of a subsection (42.1C) thereto, to read as follows: Sec. 17-2-1. Definitions. For the purpose of this Title, certain terms or words used herein shall be interpreted as follows: . . . (42.1C)means a detached residential building designed as Residence, multi-family, a single structure, containing four (4) or more dwelling units. Each unit is designed for occupancy by not more than one (1) 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: November 25, 2013 BY: Sandy Daff PASSED AND APPROVED: December 9, 2013