HomeMy WebLinkAbout09207ORDINANCE NO. 9207
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 ESTABLISHED
ACCESSORY DWELLING UNIT 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 addition of subsection (0.5), to read as follows:
Sec. 17-2-2. Permitted use of land and buildings.
. . .
(0.5) means a separate, complete
Accessory dwelling unit, established
independent housekeeping unit with a separate entrance, kitchen, sleeping
area, and full bathroom facilities. This must be detached from an existing
single-family structure that was used and occupied for single-family
residential use before February 1, 1968. This will allow the same accessory
use to be reestablished. The discontinuance of the accessory dwelling unit
will not prevent reestablishing the preexisting accessory dwelling unit. The
number of dwelling units shall not be more than the same number of dwelling
units that existed when the accessory dwelling use was first legally
established.
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
RESIDENTIAL USES
Accessory
dwelling
unit,
established (0.5) P P P P P P P P P P P P P P P P P P P P P P
Child care
home (33)b.
C C C C C C C C C C C C C S S S
Home based
business (72)
C C C C C C C C C C C C C C C C
Live-work unit (83)
C C C C C C C C
Manufactured
home, one-
family (84) § 17-4-11
P P P P P P P P P P P P P
Mobile home,
one-family (93)
P C
Mobile home
park (94)
P
Household
Residence,
Living
condominium (128)a.
S P P S S S S S S
Residence,
established (128)b.
P P P P
Residence,
multi-family (128)c.
S P P P S S S S S S S S S
Residence,
one-family (128)d. § 17-4-11
P P P P P P P P P P P P P S S P P
Residence,
three and four
family (128)e.
S P P P P P P
Residence,
townhouse (128)f. § 17-4-11
P P P P P P P P
Residence,
two-family
(duplex) (128)g.
P P S S P P P P P S S P P
Residence,
watchman or
caretaker (128)h.
S S S S S S
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
OTHER USES (CONT.)
Accessory
dwelling
unit,
established (0.5) P P P P P P P P P P P P P P P P P P P P P P
Existing and
Commercial,
Established
established (35)
S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S
Uses
Residence,
established (128)b.
P P P P
Legal non-
conforming § 17-3-3, 17-
uses 3-5 & 17-3-7
C C C C C C C C C C C C C C C C C C C
. . .
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 November 27, 2017
BY: Ed Brown
PASSED AND APPROVED: December 11, 2017
City Clerk’s Office Item # R-1
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
November 27, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting 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 ESTABLISHED ACCESSORY DWELLING UNIT 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 established accessory dwelling units.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Recently, the Planning and Community Development Department has been receiving
requests from some property owners wishing to reinstate use of their accessory dwelling
unit, which was built and established before the zoning code took effect.
Presently, in order for an accessory dwelling unit to be certified as “legal, non-conforming”
documentation that the unit was continually and consistently used as an accessory
dwelling unit from before 1968 until now must be provided. This is a heavy burden of
proof that is nearly impossible to provide; therefore, not allowing the accessory dwelling
unit to be used in the future.
This proposed change to the zoning code, by text amendment, would allow for an
“accessory dwelling unit, established.” An established accessory dwelling unit means a
separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area,
and full bathroom facilities, which is detached from an existing single-family structure that
was occupied any time prior to February 1, 1968. The use of new accessory dwellings
(established after 1968) will continue to remain expressly prohibited.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their November 8, 2017 Regular Meeting, voted
6-0 (Lujan-Slak 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 24, 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 November 8, 2017
Meeting
Staff Report for Text Amendment TA-17-06
Notice of Public Hearing