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HomeMy WebLinkAbout09161 ORDINANCE NO. 9161 AN ORDINANCE AMENDING 17-4-51 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO SOLAR ARRAY 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 17-4-51, 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 USES REFERENCE USE RCN B P 1 1234123456781234 12345 123 USE CATEGORIES (DEFINITION) §17-2-2 STANDARDS - ------------------- ----- O AAAARRRRRRRRRBBBBBH SSSSS --- III PUBLIC AND INSTITUTIONAL USES (CONT.) § 17-4-61 Antenna (5) thru 17-4-69 P Community center (38) S S S S S S S S S S S S S S S S S P P S S S S S S S S S P S Governmental use, other (64) P Non- governmental use, other (100) S Other Public and Public Institutional Uses utilities (117) § 17-4-30 S S S S S S S S S S S S S S P P P P P P P P S S S S P P P P S S Sign, § 17-10-01 billboard (136) thru 17-10-14 P P S P S P S Tower § 17-4-61 (Antenna) (147) thru 17-4-69 C C C C S S S S C C C C § 17-4-70 Wind Turbine (159) thru 17-4-72 S S S S S S S S S S Solar array (138) P P SPPP P SECTION 2. 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 3. This Ordinance shall become effective immediately after final passage and approval. INTRODUCED: August 14, 2017 BY: Robert Schilling PASSED AND APPROVED: August 28, 2017 City Clerk’s Office Item # R-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 14, 2017 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 17-4-51 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO SOLAR ARRAY 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 solar array as a primary use. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The current Ordinance allows accessory solar arrays as a conditional use in all zone districts; however, there are instances where the principal use the property could be a solar array. The proposed Ordinance will create the zone districts where the solar array is allowed as a principal use (Permitted Use in the A-1, A-2, I-3, S-1, S-2 and S-5 Zone Districts and a Use by Review in the I-2 Zone District). FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their July 12, 2017 Regular Meeting, voted 5-0 (Lucas 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 June 27, 2017. 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 July 12, 2017 Meeting Staff Report for Text Amendment TA-17-05 Notice of Public Hearing