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HomeMy WebLinkAbout09380As Amended November 26, 2018 ORDINANCE NO. 9380 AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO SHIPPING CONTAINERS AND ACCESSORY STRUCTURES AND PROVIDING PENALITIES 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 17-2-1, Chapter 2, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the addition of subsection (25.5) and (40.5) to read as follows: Sec. 17-2-1. – Definitions. For the purpose of this Title, certain terms or words used herein shall be interpreted as follows: . . . (40.5) means a farm building with no foundation, and sides Pole barn typically consisting of corrugated steel or aluminum panels, supported by poles set in the ground. Pole barns are typically unfinished, and uninsulated and are normally used for agricultural purposes, for construction trade storage, or for general storage and not intended for human inhabitation. . . . (50.5) means a standardized, reusable vessel that Shipping Container appears to be originally, specifically or formerly designed for or used in the transportation of freight and capable of being mounted and moved on a rail car or mounted on a chassis for movement by truck trailer or a ship. The shipping containers may be temporary or permanent per the regulations in Section 17-4-23. Shipping containers include moving pods, shipping containers, and other similar metal containers. . . . SECTION 2. Section 17-4-23(c)(5), Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of subsection (5) 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: . . . \[\]Detached s two hundred (200) square feet (5) Any detached accessory structure or more shall be approved by the Planning and Community Development Department prior to installation, and shall comply with the following requirements: a. Structures less than two hundred (200) square feet, and less than eight (8) feet at the highest point shall match the colors of the principal structure; b. Structures\[\] two hundred (200) , larger than seventy-five (75)square feetor \[\]eight (8); \[\] higher than seven (7) feet at the highest point. c. For the purposes of this Section, compatibility shall mean construction of similar , which shall include similar siding material and color, material and details and similar roofing material, color and pitch; \[\] and shall specifically exclude d.\[\]Unless otherwise permitted in Subsection e. below, prefabricated prefabricated , permanent shipping containers located in metal structures residential zone districts or residential properties, pole barns, or the use of are strictly prohibited, and the corrugated metal panels as a siding material Zoning Board of Appeals shall not have the authority to provide a variance from this Section; \[.\] e. Pole barns and prefabricated metal structures located on conforming, agriculturally-zoned properties are permitted upon compliance with the following conditions: 1. May not be located closer to the front right-of-way than the front of the principal structure, 2. Shall be similar in color to the principal structure, 3. If over sixteen (16) feet in height, must be located fifteen (15) from the side and rear property lines; and, 4. Prefabricated metal carports shall only be allowed if the requirements of Section 17-4-23(d)(5) are met. f. Shipping containers shall comply with the requirements listed below: 1. Temporary shipping containers in residential zone districts and residential properties are permitted during construction, for up to six (6) months as long as there is an active building permit for the property. Prior to placement of the temporary shipping container, the applicant must obtain approval from the Planning and Community Development Department. The Planning Department will issue a permit, a minimum size of 11” x 17”, which outlines the dates of approval, the date the container must be removed by, and the address of the property the container is permitted to. The sign must be posted on the outside of the container, visible from the street at all times during the permit. The Administrative Official may grant a one (1) time extension for up to an additional six (6) months for just cause. The request for extension must be requested, in writing, 15 days prior to the expiration of the permit. Upon extension approval, a revised sign will be issued which provides new dates of approval. 2. Temporary shipping containers are permitted in commercial zone districts, for construction storage only when an active building permit exists for the property. The Zoning Board of Appeals may grant a variance to permit permanent shipping containers in commercial zone districts. The Zoning Board of Appeals shall have the authority to add reasonable conditions of approval related to mitigating the negative impact of the container. These conditions may include but are not limited to painting the container to match the principal structure, prohibit the use of signage on the container, fully screen the container by an opaque fence, clad the container to be architecturally compatible with the principal structure, require the container to be placed so it is not visible from a public or private right-of-way, and/or residential properties. 3. Temporary shipping containers are permitted in industrial zone districts for construction storage when an active building permit exists for the property. 4. Permanent shipping containers located on high-visibility, industrial- zoned properties are permitted, subject to the following requirements: a. Be located behind the principal structure and away from public or private rights-of-way; b. If on a corner lot, be located in the rear portion of the property; and, c. If visible from a right-of-way or non-industrial-zoned properties, shall be clad with architecturally compatible materials or fully screened by an opaque fence. 5. Permanent shipping containers located on low-visibility industrial- zoned properties are permitted, subject to the following requirements: a. Be located no closer to the right-of-way than the front edge of the principal structure; b. Be painted to match the principal structure; c. Be screened fully so it is not visible from residential properties. 6. The Administrative Official may waive or modify the requirements 4. and 5. Above, for shipping containers in industrial zones, if the conditions required for a variance, according to Section 17-5-34(4), are met. g.only \[\]a variance, The Zoning Board of Appeals may grant exceptions to this according to Section 17-5-34 of the Title, to the architectural compatibility the following: requirement for 1. Greenhouse \[\] greenhouse structures accessory to single family residential ; or\[\] uses or agricultural 2. Agricultural as buildings located on conforming agriculturally zoned lots long as the building color is similar to the principal structure.\[ as a use \] 17-5-34; by review as provided in Section 17-5-33; h. The Administrative Official may waive the requirement of architectural compatibility for accent structures, such as pergolas, gazebos, canopies and other freestanding temporary structures which are not used for storage of any kind, so long as the structure is maintained in a manner that does not detract from the aesthetics of the property or neighborhood. 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. The officers and staff of the City are authorized and directed perform any and all acts consistent with this Ordinance which are necessary to implement the policies and procedures described herein. SECTION 5. This Ordinance shall become effective thirty (30) days following final passage and approval. INTRODUCED November 12, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: November 26, 2018 City Clerk’s Office Item # R-11 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 12, 2018 TO: President Christopher A. Nicoll 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 CHAPTER 2 AND CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO SHIPPING CONTAINERS AND ACCESSORY STRUCTURES AND PROVIDING PENALITIES THEREOF SUMMARY: Attached for consideration is a text amendment that will amend Chapter 2 and Chapter 4 of Title XVII of the Pueblo Municipal Code relating to shipping containers and accessory structures. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Shipping containers are essentially corrugated boxes that mostly come in standard sizes due to their use for shipping. In the past several years, the use of shipping containers for purposes other than freight containers has become prevalent. In the City of Pueblo, they have become a less expensive alternative to permanent garages and other accessory structure buildings for storage and are being used on all types of lots within the City. Currently, the Zoning Code does not provide regulations for shipping containers, except that they are considered accessory structures and not permitted due to their inability to be architecturally compatible. The proposed Ordinance provides regulations for shipping containers, outlines where they are allowed, and the process required to allow them in all types of zone districts. In addition, the proposed Ordinance provides updates to the municipal code regarding the size requirements for accessory structures and providing exemptions from the accessory structure code for accent structures. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their October 10, 2018 Regular Meeting, voted 7-0 to recommend approval with the following condition of approval: 1. Modify j.4. to allow the Administrative Official the authority to waive or modify the requirements in all industrial areas. 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 October 10, 2018. 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 October 10, 2018 Meeting Staff Report for Text Amendment TA-18-04 Notice of Public Hearing