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