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HomeMy WebLinkAbout06990ORDINANCE NO. 6990 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ACCESSORY BUILDINGS AND STRUCTURES, AND PROJECTIONS AND ENCROACHMENTS INTO YARDS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material deleted, underscoring indicates material added.) SECTION 1. Section 17 -4 -23 of the Pueblo Municipal Code is hereby amended to read as follows: 17 -4 -23. Accessory buildings and structures. (a) Except as otherwise permitted in subsection (b) below, no accessory building or structure shall be erected in any required front, side or rear yard setback [and no separate accessory building or structure shall be erected within five (5) feet of any other building]. [One - story a] Accessory buildings may be built to occupy not more than thirty percent (30 %) of the rear yard nor more than the rear seventy-five percent (75 %) of one (1) side yard; provided that any such building occupying any side or rear yard setback, if such building is located [less] fewer than five (5) feet from any property line, shall be [so] constructed [that] so the walls adjacent to the property lines shall [be of] have one -hour fire- resistive construction, as defined in the Uniform Building Code as adopted by Section 4 -2 -1 of this Code[,] The walls adjacent to the property line shall also contain no openings, and shall neither have a roof overhang nor allow water to shed onto adjoining property[; and provided further that]. In addition, no building or structure shall be placed upon land within a dedicated utility[,] or drainage easement or a public right -of -way. (b) Performance standards (1) Except as provided in Section 17 -4 -6. one story accessory structures (sixteen feet or fewer in height) may be placed as close as five (5) feet to the rear and side yard property lines. An accessory structure higher than sixteen feet must meet the setback requirements of the zone district where the accessory structure is located. No accessory structure shall be placed within the front yard setback: (2) Attached accessory structures must share one (1) common wall with the principal structure: (3) Detached accessory structures shall neither exceed eight hundred (800) square feet nor one hundred (100 %) percent of the footprint of the principal structure whichever is less and shall be limited to one (1) detached accessory structure per principal structure. For the purposes of this subsection storage sheds of one hundred twenty (120) square feet or fewer shall not count as the one (1) allowable accessory structure per principal structure; (4) More than one (1) detached accessory structure may be located within the A -1 A -2 A -3 and A-4 zone districts if at least 75% of the structure's useable area is used for agricultural purposes and the Zoning Board of Appeals approves a Use by Review permit before construction: (5) Detached storage sheds one hundred twenty (120) square feet or fewer shall be no higher than sixteen (16) feet and may be located as close as five (5) feet from the rear or side yard property line: (6) Detached accessory structures shall not exceed the height of the existing principal structure. An attached accessory structure to an existing one -story principal structure shall not exceed sixteen feet: and (7) Detached accessory structures shall be architecturally compatible with the principal structure. For the purposes of this subsection, compatibility shall mean construction of a similar material and shall specifically exclude the use of prefabricated metal structures, pole barns, except as authorized in subsection 3 above, or the use of corrugated metal panels as a siding material. SECTION 2. Section 17 -4 -31 of the Pueblo Municipal Code is hereby amended by the addition of a new subsection (5) to read as follows: 17-4 -31 (5) Encroachment into front yard setbacks. A new principal structure, or an addition to an existing principal structure, may encroach into the required front yard setback up to the average existing front yard setback of the existing principal structures on adjacent lots on the same street frontage. If there are no existing principal structures on adjacent lots, no encroachment shall be made into the front yard setback. An addition to an existing principal structure may also encroach into the required front yard setback provided it does not exceed the front yard setback of the existing principal structure. SECTION 3. This Ordinance shall become effective on May 12 , 2003. INTRODUCED April 28, 2003 BY Al Gurule Councilperson APPROVED: President of City Council ATTEST: City rk PASSED AND APPROVED May 12. 2003