HomeMy WebLinkAbout09469As Amended
May 28, 2019
ORDINANCE NO. 9469
AN ORDINANCE AMENDING CHAPTERS 2, 4, 10, AND 15
OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE
RELATING TO THE ZONING CODE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 1, Chapter 2, Title XVII of the Pueblo Municipal Code, as amended, is
hereby modified by the addition of Subsection (52.5) to read as follows:
CHAPTER 2 - Definitions
Sec. 17-2-1. - Definitions.
For the purpose of this Title, certain terms or words used herein shall be interpreted
as follows:
. . .
(52.5) means a plan of proposed improvements to a given lot. A site
Site plan
plan usually shows a building footprint, travelways, parking, drainage
facilities, sanitary sewer lines, water lines, trails, lighting, and landscaping
and garden elements.
. . .
SECTION 2.
Section 2, Chapter 2, Title XVII of the Pueblo Municipal Code, as amended, is
hereby modified by the amendment of Subsections (37), (120), (156) and (157) and the
addition of Subsections (112.5) to read as follows:
Sec. 17-2-2. - Use definitions.
For the purpose of this Title, certain terms or words used herein shall be interpreted
as follows:
. . .
(37) Commissary means a commercial establishment where food, containers, or
supplies are kept, handled, prepared, packaged or stored for use by a mobile
\[\]
unit.
food vendor
. . .
(112.5) means a workspace to take, develop, print and
Photography studio
duplicate photographs.
. . .
\[
(156) Wedding facility means an establishment that primarily provides the
facilities and services for weddings on a commercial basis. This definition does
not include churches and similar congregations where weddings are an ancillary
use.
\]
(157) Warehousing use means a use engaged in storage, wholesale, and
\[
distribution of manufactured products, supplies, and equipment, excluding bulk
storage of materials that are flammable or explosive or that present hazards or
\]
conditions commonly recognized as offensive.
(157) means an establishment that primarily provides the
Wedding facility
facilities and services for weddings on a commercial basis. This definition
does not include churches and similar congregations where weddings are
an ancillary use.
. . .
SECTION 3.
Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby
modified by the amendment of Section 17-4-3 to read as follows:
Sec. 17-4-3. - Schedule of District Regulations (Part II, Non-Residential).
Non-
SCHEDULE OF DISTRICT REGULATIONS (Part II, Residential) (B)
. . .
SECTION 4.
Section 7, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is
hereby modified by the amendment of Subsections (b)(7) and (b)(8)a.1. to read as
follows:
Sec. 17-4-7. - Landscape Performance Standard.
. . .
(b) The landscape performance standards will be used to enhance compatibility of
adjacent uses as well as enhance the aesthetic and environmental character and
value of surrounding neighborhoods and thereby promote the general welfare of the
community.
. . .
(7) Landscape and Irrigation Plan Requirements. A landscape and irrigation plan or
\[\]
site
a plot plan designating the area to be landscaped must be submitted and
preliminarily approved by the designated review agency before a building permit
is issued by the Pueblo Regional Building Department. The landscape plan shall
include at least the following information:
. . .
(8) Review Procedure, Enforcement and Maintenance.
a. The landscape plan review procedure shall be as follows:
\[\]
1. The landscape plan or a plot plan designating area to be landscaped
shall be submitted to and preliminarily approved by the City's designated
review agency before a building permit is issued.
. . .
(10) The provisions of this Section shall not apply to the following:
. . .
g. Temporary fabric shade or tent structures that do not require a building
;
permit
h. Fences that do not require a building permit;
i. Structures under two-hundred (200) square feet
.
SECTION 5.
Section 11, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is
hereby modified by the amendment of Subsection (1), (2), (3) & (4) to read as follows:
\[\]
Sec. 17-4-11. – Single-family home Residentialplacement standards.
The purpose of these standards is to require that homes be placed within
neighborhoods in a manner that assures that the homes are compatible with adjacent
properties and reflect the character of the neighborhoods in the City.
\[\]
one-family or two-family
(1) Any person wishing to place a single-family home
\[\]
residence of
on a lot or record within the City shall provide to the City
Administrative Official or authorized designee the following on a form provided by
the City or copies of original documents.
. . .
\[\]
one-family or two-family residences
(2) Regulations: All single-family homes
shall:
. . .
\[\]
one-family or two-family residences
(3) Restrictions: All single-family homes
shall:
. . .
(4) Obtain all applicable permits from the Pueblo Regional Building Department
(including covered steps, porches, carports and similar improvements) for all
\[\]
one-family or two-family
extensions and attachments to single-family homes
residences
not part of the original dwelling.
. . .
SECTION 6.
Section 23, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is
hereby modified by the amendment of subsection (c) 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:
. . .
\[\]
(2) Only one (1) detached accessory structure larger thanone hundred sixty (160)
two-hundred (200)
square feet shall be permitted for each principal structure on
the building site;
. . .
(5) Detached accessory structures two hundred (200) square feet or more shall be
approved by the Planning and Community Development Department prior to
installation, and shall comply with the following requirements:
\[
a. Reserved;
\]
b. Structures larger than two hundred (200) square feet, or higher than ten (10)
feet at the highest point shall be architecturally compatible with the principal
structure;
\[ \]
b.
c. For the purposes of this Section, compatibility shall mean
construction of similar material and details, which shall include similar siding
material and color, and similar roofing material, color and pitch;
\[
d. Unless otherwise permitted in Subsection e. below, prefabricated metal
structures, permanent shipping containers located in residential zone districts
or residential properties, pole barns, or the use of corrugated metal panels
as a siding material are strictly prohibited and the 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. The Zoning Board of Appeals may only grant a variance, according to Section
17-5-34 of the Title, to the architectural compatibility requirement for the
following:
1. Greenhouse structures accessory to single family residential uses; or
2. Agricultural buildings located on conforming agriculturally zoned lots as
long as the building color is similar to the principal structure. 17-5-34;
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.
. . .
(9) Unless otherwise permitted in Subsection (c)(10) or Subsection (d)(5) of
Section 17-4-23, prefabricated metal structures, permanent shipping
containers located in residential zone districts or residential properties,
pole barns, or the use of metal panels as a siding material are strictly
prohibited and the Zoning Board of Appeals shall not have the authority to
provide a variance from this Section;
(10) Pole barns and prefabricated metal structures located on
agriculturally-zoned properties are permitted upon compliance with the
following conditions:
a. May not be located closer to the front right-of-way than the front of the
principal structure,
b. Shall be similar in color to the principal structure,
c. If over sixteen (16) feet in height, must be located fifteen (15) from the
side and rear property lines; and,
d. Prefabricated metal carports shall only be allowed if the requirements
of Section 17-4-23(d)(5) are met.
(11) Shipping containers shall comply with the requirements listed below:
a. 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.
b. 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.
c. Temporary shipping containers are permitted in industrial zone
districts for construction storage when an active building permit exists
for the property.
d. Permanent shipping containers located on high-visibility, industrial
zoned properties are permitted, subject to the following requirements:
1. Be located behind the principal structure and away from public or
private rights-of-way;
2. If on a corner lot, be located in the rear portion of the property; and
3. 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.
e. Permanent shipping containers located on low-visibility industrial zoned
properties are permitted, subject to the following requirements:
1. Be located no closer to the right-of-way than the front edge of the
principal structure;
2. Be painted to match the principal structure;
3. Be screened fully so it is not visible from residential properties.
f. The Administrative Official may waive or modify the requirements d.
and e. above, for shipping containers in industrial zones, if the
conditions required for a variance, according to Section 17-5-34(4), are
met.
(12) The Zoning Board of Appeals may only grant a variance, according to
Section 17-5-34 of the Title, to the architectural compatibility requirement
for the following:
1. Greenhouse structures accessory to single family residential uses;
or
2. Agricultural buildings located on agriculturally zoned lots as long
as the building color is similar to the principal structure. 17-5-34;
(13) 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 7.
Section 51, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is
hereby modified by the amendment of subsection (a), (b), (c), (d) and (e) to read as
follows:
Sec. 17-4-51. - Permitted use of land and buildings.
Any use of land or structure not authorized herein as a use by right, conditional use,
or use by review upon issuance of a Special Use Permit in a designated Zone District is
unlawful. Except as otherwise provided, no building permit or certificate of zoning
compliance shall be issued for a use not specifically mentioned or described in this
Section.
. . .
(b) Permitted Uses Table Legend.
. . .
(2) In terms of any land use defined by these standards, the following shall apply:
. . .
f. Conditional Use Permits (C):
1.
A use may be permitted as a conditional use if certain minimum
conditions contained in the applicable ordinances have been satisfied as
determined by the Administrative Official.
2.
The Administrative Official shall have thirty (30) days to complete the
review of an application after it has been determined to be complete,
except that the Administrative Official shall have ninety (90) days to
complete the review of an application for all marijuana facilities after it
has been determined to be complete.
3.
If the Administrative Official, after reviewing the application, determines
one (1) or more of the conditions required for the permit cannot be
satisfied, the applicant may seek approval of a Special Use Permit for
the proposed use in accordance with Section 17-5-33 of the Pueblo
Municipal Code.
4. for marijuana uses
All Conditional Use Permits shall expire one (1) year
for a renewal of the Conditional Use Permit
after issuance. Application
\[
shall be per Section 17-15-5.
and applicable fee for renewal of the
Conditional Use Permit must be received thirty (30) days prior to the
expiration date of the permit. Annual review of the Conditional Use Permit
shall be required to verify compliance with all requirements of the permit.
\]
5.
Failure to comply with all requirements of the permit, as well as any
\[
zoning violations, may be grounds for denial of the annual review and
\]\[
may result in revocation of the Conditional Use Permit. The
Administrative Official shall have the authority to extend or eliminate the
one (1) year expiration for uses that are minor in nature, as determined
\]
by the Administrative Official
6. The Administrative Official shall have the authority to require review
or inspection of any conditional use permit for compliance with the
requirements of the permit, as well as any suspected zoning
violations
.
SECTION 8.
Section 17-4-51 of Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby
amended to read as follows:
Sec. 17-4-51. Permitted use of land and buildings.
Any use of land or structure not authorized herein as a use by right, conditional
use, or use by review upon issuance of a Special Use Permit in a designated zone
district is unlawful. Except as otherwise provided, no building permit or certificate of
zoning compliance shall be issued for a use not specifically mentioned or described in
this Section.
. . .
(c) 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
CATEGORIES (DEFINITION) §17-2-2 STANDARDS 123
-
-------------------
-----
O
AAAARRRRRRRRRBBBBBH
SSSSS
---
III
COMMERCIAL USES
\[
Bed and
Y
Lodging
breakfast
\]
home (20)a. § 17-4-10
S S S S S S S S S P P S S S S P P P 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
COMMERCIAL USES (CONT.)
Photography
Commercial
studio (112.5)
P P S P P P P P P C C P P P P P P P
services
. . .
Table of Uses
Zone Districts
)
)
CCN (Minor
CCN (Major
123
SPECIFIC DEFINITION
---
HARPHAPRHARP
2U
USE USES REFERENCE USE
RCN
B
P
1
1234123456781234
12345
CATEGORIES (DEFINITION) §17-2-2 STANDARDS 123
-
-------------------
-----
O
AAAARRRRRRRRRBBBBBH
SSSSS
---
III
RESIDENTIAL USES
Home based
Household Living (72)
C C C C C C C C C C C C C C C C C C C C C C C C
business
. . .
Table of Uses
Zone Districts
)
)
CCN (Minor
CCN (Major
123
SPECIFIC DEFINITION
---
HARPHAPRHARP
2U
USE USES REFERENCE USE
RCN
B
P
1
1234123456781234
12345
CATEGORIES (DEFINITION) §17-2-2 STANDARDS 123
-
-------------------
-----
O
AAAARRRRRRRRRBBBBBH
SSSSS
---
III
PUBLIC AND INSTITUTIONAL USES (CONT.)
Wedding
Religious
\[\]
(156)157
facility
P P S S S S S S S P P S S S P P S S S S S S S S S S
(d) Use performance standards. In addition to all other requirements, the following
use performance standards shall apply to each of the uses in all districts, whether
permitted by right, by review, temporary use, limited use or as a conditional use:
. . .
(9) Recreational park performance standards.
. . .
d. Accessory uses permitted in a recreational park may include management
caretaker’s residence,
headquarters, picnic areas, recreational facilities,
toilets, dumping stations, showers and coin-operated laundry facilities.
Destination recreational parks may also include a convenience store as an
accessory use, provided that such store presents no visible evidence from
any road outside the park of its commercial character to attract customers
other than occupants of the park.
. . .
(e) Conditional uses. In addition to the other requirements, the following conditions shall
apply to each of the uses in districts where they are indicated with a "C" in the Land
Use Table. The conditions are listed below.
. . .
mobile
(4) Auto repair, lube shop.
a. One (1) drive cut permitted per street frontage.
b. All storage and repair must be located in a building or structure. Outdoor
storage or repair is not permitted.
c. Overnight storage or keeping of vehicles is not permitted.
mobile
(4.5) Auto repair, paintless dent repair
a. All storage and repair must be located in a building or structure. Outdoor
storage or repair is not permitted.
b. Overnight storage or keeping of vehicles is not permitted.
mobile
(5) Auto repair, repair shop.
a. One (1) drive cut permitted per street frontage.
b. All storage and repair must be located in a building or structure. Outdoor
repair is not permitted unless screened by a fully opaque fence. Chain link
with slats is not a permitted screening method.
. . .
(25) Mixed-use.
a. HARP-1, HARP-2, HARP-3:
1) Harp Authority review and approval required.
2) Must be a commercial structure with commercial limited to Riverwalk and
street level with residence above street level.
b. CCN:
1) Must comply with performance standards contained in Section 17-4-5
\[\]
(1)g.(6)
(1)g.(f)
c. H-B:
1) Commercial uses may be located adjacent to the street Right-of-
Way.
2) Non-commercial uses must be located above, below or behind
commercial uses, and may not be located adjacent to the street
Right-of-Way.
. . .
(27) Mobile food unit requirements:
. . .
\[
Reserved
b. Shall install, maintain and have functioning, during all periods of
business operations of the Mobile Food Unit, a City issued global positioning
satellite device (“GPS Device”) and City data service plan. The GPS Device
and data service plan will be issued by City upon payment of the following
fees which fee amounts may be subsequently amended by resolution of the
City Council:
1) $100.00 with respect to the GPS Device Fee; and
2) $170.00 with respect to the twelve (12) month data service plan fee or
\]
$85.00 with respect to the six (6) month data service plan fee.
. . .
\[\]
durable goods
(38) Repair shop, other.
a. All items waiting pick up or repair must be stored indoors.
\[
Outdoor display of retail goods not permitted
b. No display of items for
\]
retail outdoors.
c. All outdoor storage or repair shall be screened by a fully opaque fence. Chain
link with slats is not a permitted screen.
. . .
Retail sales, antiques.
(44)
a. No outdoor storage or display permitted.
b. HARP Authority review and approval required for HARP zoned
properties.
(45)
Retail sales, building construction.
a. No outside storage or display of lumber or building materials, or permitted if
is fully screened from right-of-way.
b. Required screen fence shall not be chain link with slats.
\[\]
46.
(45) Retail sales, garden center.
a. Plants must be sold at retail only, with any storage or growing limited to within
a non-greenhouse structure which does not to exceed thirty percent (30%) of
the gross floor area of the retail portion of the building.
\[\]
47.
(46) Retail sales, general.
a. Shall not exceed three thousand two hundred fifty (3,250) square feet in
gross floor area.
b. Limited to neighborhood retail uses, as determined by the Administrative
Official.
\[
(47) Retail sales, antiques.
a. No outdoor storage or display permitted.
b. Antiques only permitted.
\]
c. HARP Authority review and approval required.
. . .
SECTION 9.
Section 17-4-62 of Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby
amended to read as follows:
Sec. 17-4-62. - General requirements.
. . .
\[\]
lighted
(e) Lighting. Towers shall not be artificially righted, unless required by the FAA
or other applicable authority. If lighting is required, the lighting alternatives and design
chosen must cause the least disturbance to the surrounding views and
neighborhoods.
. . .
SECTION 10.
Section 17-5-34 of Chapter 5 of Title XVII of the Pueblo Municipal Code is hereby
amended to read as follows:
Sec. 17-5-34. - Variances; conditions governing applications; procedures.
The Zoning Board of Appeals shall have power to authorize upon appeal in specific
cases such variance from the terms of this Title as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of the provisions of this Title
would result in unnecessary hardship. A variance from the terms of this Title shall not be
granted by the Zoning Board of Appeals unless and until:
(1) A written application for a variance is submitted containing the following:
. . .
\[\]
site plan
e. A plat to scale showing the dimensions of the property and the
location of improvements with respect to property lines, for which the
variance is requested.
SECTION 11.
Section 17-10-03 of Chapter 10 of Title XVII of the Pueblo Municipal Code is
hereby amended to read as follows:
Sec. 17-10-03. - General rules for all zone districts.
The following requirements shall apply to all signs in all zone districts unless
otherwise indicated.
. . .
(9) All non-wall signs, including the sign base, structure, overhang, or
decorative features must be placed on the property, and not within any
right-of-way.
SECTION 12.
Section 17-10-03 of Chapter 10 of Title XVII of the Pueblo Municipal Code is
hereby amended to read as follows:
Sec. 17-10-08. - Regulations for nonconforming signs.
(a) A legal nonconforming sign shall immediately lose its legal nonconforming status, and
thereafter shall be brought into conformance with this Chapter or removed, when any
of the following occur:
\[\]
or
(1) The size and shape of the sign is changed.
. . .
SECTION 13.
Section 17-15-20 of Chapter 15 of Title XVII of the Pueblo Municipal Code is
hereby amended to read as follows:
Sec. 17-15-20. - Medical and retail marijuana home cultivation performance
standards.
. . .
(5) Outdoor grow operations and home cultivation in greenhouse are prohibited. It shall
be unlawful and a Class one municipal offense to violate this subsection. In addition,
\[\]
per
violation of this subsection shall be considered a nuisance pro se subject to
abatement pursuant to Pueblo Municipal Code Section 7-1-1 et seq.
. . .
by-product
(9) Sale, transfer, or other distribution of any portions of the plant, product,
\[\]
bi-product, etc. associated with home cultivation in exchange for any form of
consideration is prohibited; except that transfer of one (1) ounce or less of retail
marijuana without remuneration to a person who is twenty-one (21) years of age or
older shall not be unlawful.
(10) Sale, transfer (with or without remuneration), gift, or other distribution of any portions
\[\]
by-product
of the plant, product, bi-product, etc. associated with home cultivation
to persons under twenty-one (21) years of age, unless such person possesses a valid
medical marijuana registration card and the person distributing the marijuana is their
designated caregiver, is prohibited and unlawful, and a Class one municipal offense.
. . .
(13) Violation of any of any subsection(s) of this Article II shall be a Class two municipal
offense unless specifically designated otherwise, and may be considered a nuisance
\[\]
per
pro subject to abatement pursuant to Pueblo Municipal Code Section 7-1-1 et
seq.
SECTION 14.
Section 17-15-30 of Chapter 15 of Title XVII of the Pueblo Municipal Code is
hereby amended to read as follows:
Sec. 17-15-30. - Marijuana as a nuisance.
(1) Neither the growing nor processing of medical or retail marijuana plants as part of a
home cultivation shall be perceptible from the exterior of the structure in which any
such activities occur, by or through any of the following means, or as a result of the
occurrence
general of any of the following impacts or effects:
. . .
SECTION 15.
Section 17-15-31 of Chapter 15 of Title XVII of the Pueblo Municipal Code is
hereby amended to read as follows:
Sec. 17-15-31. - Nuisance per se.
Any violation of this Chapter designated herein as a nuisance per se is considered a
condition detrimental to the health or safety of any of the inhabitants of the City and may
be summarily abated pursuant to Pueblo Municipal Code Section 7-1-1 et seq. without
all
right of appeal. The City may recover any and costs incurred as a result of the
abatement pursuant to Pueblo Municipal Code Section 7-1-1 et seq.
SECTION 16.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with the intent of the Ordinance to implement the policies and
procedures described herein.
As Amended
May 28, 2019
SECTION 17.
This Ordinance shall become effective thirty (30) days after final passage and
Approval except that Section (e) (27) pertaining to the removal of the requirement
for GPS Devices on Mobile Food Units be made effective on January 1, 2020.
Action by City Council:
Introduced and initial adoption of Ordinance by City council on May 13, 2019 .
Final adoption of Ordinance by City Council on May 28, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on June 1, 2019 .
☐
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
☐
Council did not act to override the Mayor's veto.
☐
Ordinance re-adopted on a vote of , on
☐
Council action on __________________failed to override the Mayor’s veto.
President of City Council
ATTEST
Acting Deputy City Clerk
City Clerk’s Office Item # R-11
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
May 13, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE AMENDING CHAPTERS 2, 4, 10, AND 15 OF TITLE XVII
OF THE PUEBLO MUNICIPAL CODE RELATING TO THE ZONING CODE
SUMMARY:
Attached for consideration is a text amendment that will amend Title XVII of the Pueblo
Municipal Code to provide clarification and consistency to the existing regulations. This
amendment also corrects several typos and errors within the text of the Zoning Code.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The Planning Department has created a list of corrections, edits and clarifications to the
Zoning Code. The proposed Ordinance is the first of three Ordinances that will be
submitted to City Council in the next 4-6-month timeframe. The code amendments range
from minor typos, misspelled words and incorrect references to more significant issues,
such as renewals required for conditional use permits and removal of the GPS
requirement for Mobile Food Units.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their April 10, 2019 Regular Meeting, voted 6-
0 (Bailey absent) to recommend approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If City Council does not approve this Ordinance, Title XVII of the Pueblo Municipal Code,
will not be amended.
RECOMMENDATION:
Not applicable.
Attachments:
Proposed Ordinance
Minutes of the Planning and Zoning Commission April 10, 2019 Public
Hearing
Planning and Zoning Commission Staff Report with Exhibits