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HomeMy WebLinkAbout09082 ORDINANCE NO. 9082 AN ORDINANCE AMENDING 17-2-2 OF CHAPTER 2 AND 17-4- 51 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO PAINTLESS DENT REPAIR USES AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 17-2-2, Chapter 2, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of subsection (14) c. and the addition of subsection (14) d., to read as follows: Sec. 17-2-2. Permitted use of land and buildings. . . . (14) Automobile repair: a. Body shop means a facility which provides collision repair services for vehicles with a gross vehicle weight of 10,000 pounds or less, including body frame straightening, replacement of damaged parts and painting. The use specifically excludes mechanical or power train repair. b. Lube shop means a facility that provides lubrication and or checking, changing, or additions of those fluids and filters necessary to the maintenance of a vehicle. It is intended that these services will be provided while customers wait. means a facility that provides repair services of c. Paintless dent repair shop minor dents from the body of motor vehicles without the use of paint, Bondo, harsh chemicals or sanding. General repairs include hail damage, door dings and small dents. d. Repair shop means a facility for the general repair, rebuilding or reconditioning of engines, transmissions, differentials, drivetrains, or any parts thereof. This use includes muffler shops, auto repair garages, tire repair and installation, wheel and brake shops, and similar repair and service activities but excludes body shops, dismantling or salvage. SECTION 2. Section 17-4-51, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of section 17-4-51, to read as follows: Sec. 17-4-51. Permitted use of land and buildings. . . . (b) Permitted Uses Table: Table of Uses Zone Districts ) ) CCN (Minor CCN (Major 123 SPECIFIC DEFINITION --- HARPHAPRHARP 2U USE USES REFERENCE USE RCN B P 1 1234123456781234 12345 123 CATEGORIES (DEFINITION) §17-2-2 STANDARDS - ------------------- ----- O AAAARRRRRRRRRBBBBBH SSSSS --- III COMMERCIAL USES (CONT.) Automobile auction (11) S S S P Automobile dealership (12) S P P P S P P P Automobile rental (13) S P P P P P P P Automobile repair, body shop (14)a. S P P P P Automobile Automobile repair, lube Sales and shop (14)b. C C C C P S S P P P Service (see Automobile Industrial Uses repair, repair \[\] (14)c.d. for large vehicle shop C C P P P P sales and Automobile service) repair, paintless dent repair (14)c. C C C C P P P P Gas station (61) P S S P P P S P P P Pawnshop, automobile (109) S S S C C P Retail sales, auto parts (132)b. S P P P P P P P Retail sales, tires (132)k. S P P P P P P (e) Conditional Uses. In addition to the other requirements, the following conditions shall apply to each of the uses in districts where they are indicated with a "C" in the Land Use Table. The conditions are listed below. . . . (4.5) Auto repair, paintless dent repair a. All storage and repair must be located in a building or structure. Outdoor storage or repair is not permitted. b. Overnight storage or keeping of vehicles is not permitted. SECTION 3. This Ordinance, and the amendments made herein to Title XVII of the Pueblo Municipal Code shall be subject to administration and enforcement in accordance with Chapters 5 and 7 of Title XVII, Pueblo Municipal Code, as amended. Any person who violates any provision of this Ordinance or the amendments made herein to Title XVII of the Pueblo Municipal Code shall be guilty of a municipal offense and subject to punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended. SECTION 4. This Ordinance shall become effective immediately after final passage and approval. INTRODUCED: December 12, 2016 BY: Ed Brown PASSED AND APPROVED: December 27, 2016 City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 12, 2016 TO: President Stephen 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 17-2-2 OF CHAPTER 2 AND 17-4-51 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO PAINTLESS DENT REPAIR USES AND PROVIDING PENALTIES FOR VIOLATION THEREOF SUMMARY: Attached for consideration is a text amendment that will amend Title XVII of the Pueblo Municipal Code relating to paintless dent repair. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The current Ordinance provides three (3) separate uses for automobile repair, Body shop, lube shop and repair shop. These uses do not take into consideration minor repair services where the repair does not include paint, harsh chemicals or sanding. The proposed Ordinance will create a definition for paintless dent repair, will create the zone districts where the use is allowed (Conditions Use in the B-1, B-2, B-3 and B-4 Zone Districts and Permitted in the B-P, and all industrial districts) and creates the conditions of approval for the Conditional Use Permit. The types of repairs that are defined with this Ordinance change are minor hail damage, door dings and small dents that can be fixed without major body work. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their November 9th, 2016 Regular Meeting, voted 5-0 (Schilling and Castellucci absent) to recommend approval. STAKEHOLDER PROCESS: A Notice of Public Hearing was published in the Pueblo Chieftain and Public Hearings were held before the Planning and Zoning Commission on October 25th, 2016. 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. RECOMMENDATION: Approval of the Ordinance. Attachments: Minutes of the Planning and Zoning Commission November 9th, 2016 Meeting Staff Report for Text Amendment TA-16-06 Notice of Public Hearing