HomeMy WebLinkAbout08834ORDINANCE NO. 8834
AN ORDINANCE AMENDING SECTION 17-4-23 OF
CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL
CODE RELATING TO ACCESSORY BUILDINGS AND
STRUCTURES 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 17-4-23 of Chapter 4, Title XVII of the Pueblo Municipal Code, as
amended, is hereby modified by the amendment 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:
. . .
(5) Any detached accessory structure larger than seventy-five (75) square feet or
higher than seven (7) feet at the highest point shall be architecturally compatible with
the principal structure. For the purposes of this Section, compatibility shall mean
construction of similar material and details and shall specifically exclude prefabricated
metal structures and pole barns, or the use of corrugated metal panels as a siding
material. The Zoning Board of Appeals may grant exceptions to this architectural
compatibility requirement for greenhouse structures accessory to single family
residential uses or agricultural buildings located on conforming agriculturally zoned lots
as a use by review as provided in Section 17-5-33;
. . .
(e) Appeal procedures: variances. To obtain a variance from the requirements of this
Section, the property owner must prove that a variance is needed to avoid unnecessary
hardship and will not undermine the purpose and intent of the zoning ordinances. The
alleged hardship cannot be self-imposed and must be of a type unique to the property
owner; that is, a hardship not generally shared by other property owners in the zone
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district. The Zoning Board of Appeals shall not have the authority to grant variances for
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accessory structures larger than the area requirements established in this Section.
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.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of the Ordinance to effectuate the policies and
procedures described herein.
SECTION 4.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: _ January 12, 2015
BY: Ami Nawrocki
PASSED AND APPROVED: January 26, 2015
City Clerkâs Office Item # R-7
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
January 12, 2015
TO: President Stephan G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE AMENDING SECTION 17-4-23 OF CHAPTER 4 OF
TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO
ACCESSORY BUILDINGS AND STRUCTURES AND PROVIDING
PENALTIES FOR VIOLATION THEREOF
SUMMARY:
Attached for consideration is a text amendment that will amend Chapter 4 of Title XVII
of the Pueblo Municipal Code relating to accessory buildings and structures.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
City regulations concerning accessory buildings and structures remained unchanged
from 1985 to 2003. In 2003, the City first issued requirements for the "architectural
compatibility" of such structures and placed uniform size and number limitations
regardless of the size, shape, or zoning of residentially zoned properties. The prime
motivational change was due to a proliferation of prefabricated metal carports and large
metal buildings. It was also at this time that limitations were placed on the Zoning Board
of Appeals whereby they could no longer grant size variances.
The proposed text amendment will address two issues: a) architectural compatibility of
greenhouses placed on single-family residential properties, and b) removal of the
limitation on the Zoning Board of Appeals to approve justifiable variances.
In order to better address the various architectural styles and materials used to
construct greenhouses, that in most cases do not match the architecture of the single-
family residence, it is proposed that the Zoning Board of Appeals be permitted to grant
exceptions for quality and compatible materials. In other words, if the greenhouse is
constructed of glass, plastic panels, vinyl, etc. then the Zoning Board of Appeals may
permit their use in the construction of the greenhouse so long as the size, shape,
maintenance and use are compatible in the neighborhood.
The second proposed change would remove the restriction placed on the Zoning Board
of Appeals to review, approve, or deny variance cases related to the size of accessory
structures. This change would allow more flexibility to address very large properties
where larger accessory structures would be appropriate and desirable. It would also
allow citizens with small homes the opportunity to construct an accessory structure
larger than their home if it would be compatible in the neighborhood.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their November 12, 2014 Regular Meeting,
voted 4-0 to recommend approval with Commissioners Eslinger, Kaufman, and Lucas
being absent.
STAKEHOLDER PROCESS:
A Notice of Public Hearing was published in the Pueblo Chieftain and a Public Hearing
was held before the Planning and Zoning Commission on November 12, 2014.
ALTERNATIVES:
If City Council does not approve this Ordinance, Title XVII of the Pueblo Municipal Code
will not be amended to reflect the proposed changes relating to accessory buildings and
structures.
Upon request of City Council, the Ordinance could be returned to the Planning and
Zoning Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Minutes of the Planning and Zoning Commission November 12,
2014 Regular Meeting
Staff Report for Text Amendment TA-14-03 and Exhibits
Notice of Public Hearing