HomeMy WebLinkAbout07083ORDINANCE NO. 7083
AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL
CODE RELATING TO THE PRIVATE OPEN SPACE DISTRICT (S -5) AND THE DEFINITION OF
ACCESSORY USE OR STRUCTURE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material
deleted, underscoring indicates material added.)
SECTION 1.
Chapter 4, Section 51(20) of Title XVII of the Pueblo Municipal Code is hereby amended to
read as follows:
17 -4- 51(20). Private Open Space District (S -5):
a. Purpose. The standards of this district (S -5) are designed to provide areas
for a variety of park, open space and recreational uses on land not in public ownership; [or]
to designate areas in private ownership that are scheduled or anticipated for transfer to the
public domain; or to encourage the multi - sequential use of land by permitting interim uses
which do not preclude or discourage the future public use or private recreational use to
which the area is intended.
b. Uses by right. A use by right shall be only the following, exclusive or
structures and recreational facilities.
1. Park.
2. Open space.
3. Trail.
4. Pedestrian way.
C. Uses by review. A use by review is permitted only upon issuance of a
special use permit by the Planning and Zoning Commission. The City [Attorney]
Administrative Official shall provide to the Commission a written [opinion] statement on any
proposed [recreational] facility or structure or use stating whether the proposal complies
with the [intent] up rpose of the district. The Commission may impose such conditions or
restrictions necessary to preserve the [intent] purpose of the district or to protect the public
health, safety and welfare. In the case of an interim use, the Commission may establish a
date of termination and /or periodic review of the special use permit. The Commission shall
not issue a special use permit for a facility or structure or use which does not comply with
the [intent] purpose of the district. [The] A special use permit [shall] may be [given]
granted by the Commission only after a public hearing has been held[;], [n] Notice of
[which has been] such hearing shall be given as if for an amendment to the zoning map.
1. Recreational structures and facilities[.] may include golf
courses, swimming pools, athletic facilities, and sports field complexes.
2. Public museum.
3. Public library.
4. Accessory uses. Such uses must be solely incidental to and in
support of the principal use and function of the structure(s) provided the following conditions
are met:
a) All accessory uses must be contained within the principal
structure.
b) The gross square footage of all of the accessory uses shall
not exceed thirty (30) percent of the gross floor area of the principal structure.
c) Accessory uses, for the purposes of this subsection, may
include food concessionaries, nonprofit organization office space, teen centers, public
community rooms, and physical therapy facilities that use the principal structure's athletic
facilities.
d) Daycare centers to benefit those using the principal structure
or the public use grounds shall not be considered an accessory use.
5. Commercial uses. Such uses, including buildings and facilities, or
portions thereof, shall be limited to fundraising events or activities that directly correlate to
the purpose and function of the principal use of the building or facility. For the purposes of
this subsection. "commercial use" does not include nonprofit organization office space and
uses within the principle structure when functioning within their leased spaces.
6. Detached restrooms. Such structures will be permitted when in
support of and located near outdoor athletic fields or golf courses.
7. Concession structures. Such uses will be permitted provided they
are no larger than five hundred (500) gross square feet and are in support of and located
near outdoor athletic fields or golf courses.
[2.] 8. Utilities as outlined in Section 17 -4 -30.
SECTION 2.
Chapter 2, Section 1(6) of Title XVII of the Pueblo Municipal Code is hereby amended to
read as follows:
(6) Accessory use or structure means a use or structure on the same lot with, and of a
nature customarily incidental and subordinate to the principal use or structure. An accessory
structure may be attached to a principal structure. Unless otherwise provided in this Title, an
accessory use shall not exceed thirty (30 percent of the gross floor area of the principal structure,
and must be located in the same principal structure.
SECTION 3.
This Ordinance shall become effective immediately upon final passage and approval.
INTRODUCED November 10, 2003
BY Al Gurule
Councilperson
APPROVED:
President of City Council
ATTEST:
1
PASSED AND APPROVED November 24, 2003