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HomeMy WebLinkAbout05469 ORDINANCE NO. 5469 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE 1971 CODE OF ORDINANCES RELATING TO OFF-STREET PARKING REQUIREMENTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that : (Brackets indicate material being deleted and underscoring indicates material being added ) SECTION 1. Subsections (a) , (b) ( 5 ) and (b) ( 9 ) , Section 43 , Chapter 4 , Title XVII of the 1971 Code of Ordinances are hereby amended to read as follows: 17-4-43: OFF-STREET PARKING - NONRESIDENTIAL ( a) Application. The off-street parking requirements herein contained shall apply only to buildings and uses newly constructed, moved, extended, or enlarged, and shall not apply to buildings lawfully repaired or improved where no increase of floor area is made [. ] , except for restrooms as provided in this section. The regulations [on] in this section shall apply to all parking spaces, lots, garages, buildings or portions thereof to be provided in meeting the requirements of this Section . The addition of an adjacent building, whether attached or detached, shall constitute an increase in floor space and shall be included in any calculation of area to meet the requirements of this Section. The City Traffic Engineer may grant a one time exemption from the regulations in this section for a building which is increased no more than 150 square feet of gross floor area for the sole purpose of providing restroom facilities . All required parking spaces shall be permanent in character and provided with a permanent driveway to a public way. The driveway and parking spaces shall be paved with asphalt , concrete , portland cement concrete or pavers. ( b) (5 ) Retail uses in B-3 , H.B. , R-5, R-6, I-2, and I-3 zone districts shall be provided with at least ten ( 10 ) parking spaces, plus one additional parking space for each two hundred and fifty ( 250 ) square feet of gross floor area in excess of 2500 square feet. (b) (9 ) Hospitals and nursing homes shall be provided with at least one parking space for every three (3 ) approved beds, plus one parking space for every two ( 2 ) employees anticipated to be employed on the largest shift, plus one parking space for each staff physician on the largest shift. SECTION 2. Subsections (g ) and (n) of Section 44 , Chapter 4 , Title XVII of the 1971 Code of Ordinances are hereby amended to read as follows: (g) Ownership. Except as provided in Section 17-4-44 (1) and 17-4-44 (m) , parking areas which are to be located on separate lots shall be [held in the same ownership or the continual right to possess as the lot containing the use for which they are required] owned or leased by the person or entity required to provide off-street parking. [The] Providing [of such] off-street parking [spaces] shall be [considered a basic condition for granting] required to approve a use in a given location on an initial and continuing basis . [If conditions are changed in] Failure to continue to provide such [a manner that the minimum] parking [space requirements are no longer met, such change] shall constitute a violation of these zoning requirements [ . ] and shall be grounds for the City Director of Zoning to revoke the certificate of occupancy for the property which use requires off-street parking to be provided. ( n ) Proof of Compliance . Each applicant for a building permit or certificate of zoning compliance involving the provision of required parking spaces off the premises shall submit written proof of ownership of the land or building, or proof of contractual arrangements with the owner , which guarantees the continuous use of the required parking spaces for the particular uses intended. "Guaranteed continuous use" shall mean a bona fide written lease with a term not less than twenty years. If such lease is terminated during the required term, such termination shall constitute grounds for the City Director of Zoning to revoke the certificate of occupancy for the property which use requires off-street parking to be provided. SECTION 3. This ordinance shall become effective immediately upon final passage and approval . INTRODUCED April 11 , 1988 BY: MIKE SALARDINO Councilperson APPROVED: Prees :,,_,... .;1;L:2/<_'„---- dent of the Council ATTEST: ci Vi6efilik-c