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HomeMy WebLinkAbout07091ORDINANCE NO. 7091 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ZONING AND ESTABLISHING AWNING STANDARDS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material deleted, underscoring indicates material added.) SECTION 1. Chapter 4 of title XVII of the Pueblo Municipal Code is hereby amended by adding a new Section 33 to read as follows: 17 -4 -33 Awning Standards for awnings Projecting over public property. ( a) Definitions. (1) Awning means a hood or cover that Projects from the wall of a building, which is entirely supported by the exterior wall. An awning may be set in Place or retractable. (2) Internally illuminated means any awning illuminated from a light source within the awning or its structure. ( _b_) Permitted awnings. No awning shall be erected, enlarged or moved unless it complies with the requirements of this section and conforms to the zone district regulations where the awning is to be located. (1) Support. All awnings shall be securely attached to and supported by a building and must have no Posts or columns which extend beyond any setback line (2) Height. All awnings shall be constructed so that the lowest portion of any awning frame must be at least eight (8) feet above the level of any private or Dublic sidewalk. Awnings over driveways or alleys must have a minimum clearance of fifteen (15) feet six (6) inches. (3) Obstruction. No awning shall be installed to hinder or prevent a clear and unobstructed view of all traffic control devices and all official public and traffic signs Except as otherwise Permitted by this section, no awning shall be placed within the clear sight triangle, as defined by the Pueblo Municipal Code. (4) Signs. Signs or advertising on awnings shall be limited to the restrictions of the zone district where the awning is located. Addresses on awnings will not be considered as signage. (5) Illumination. Awnings not meeting the following standards must have prior approval by the Zoning Board of Appeals as a Use by Review: a. Flourescent fixtures affixed to the building or frame and contained entirely within the frame of the awning; and b. Clear awninq fabric is not allowed. (6) Appearance. The size, location design texture color and materials of all awnings shall neither detract from the use and enjoyment of the building the surroundinq Properties, nor violate performance standards of any applicable zone district (c) Public Right -of -Way. No awning shall project or extend into any public right -of -way, except that the Administrative Official may issue a permit for temporary placement of an awning over public sidewalks or alleys An application for such permit together with the fee therefore shall be filed on approved forms with the Administrative Official No permit shall authorize any awning to project or extend more than three quarter's (3/4) of the width of a sidewalk five (5) feet into an alley or be located nearer than two (2) feet from the edge of any curb line Each permittee shall (1) indemnify and hold harmless the City , its officers and employees from all damage liability or expense resultina from or arising, directly or indirectly, out of the issuance of the permit or the Dollars ($600.000.00) per occurrence naming the City as an additional insurance and (3) deliver a certificate of such insurance to the Administrative Official at the time of filing the application and annually thereafter. A permit shall automatically terminate if the required certificates of insurance are not delivered to the Administrative Official. (d) Appeals Any person firm or corporation aggrieved by any permit denial or decision of the Administrative Official concerning awning regulations may appeal and seek review of such decision to the Zoning Board of Appeals provided such appeal is timely and properly filed (e) Maintenance. All awnings shall be maintained in a manner to prevent them from being a hazard to the public Subject to subsection (d) Appeals the Administrative Official shall have the authority to order the owner or building tenant of the awning to remove any awning which does not comply with the provisions of this Section and to remove repair or replace any damaged or unsafe awning. SECTION 2. Section 31, Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended by the addition of subsection (6) to read as follows: (6) Awnings meeting and complying with the provisions of Section 17 -4 -33. SECTION 3. This Ordinance shall become effective upon passage. INTRODUCED November 24, 2003 BY All Gurule Councilperson APPROVED: President of City Council ATTEST: i - 1 • 1 • PASSED AND APPROVED December 22. 2003 �r Background Paper for Proposed ORDINANCE AGENDA ITEM # 31 DATE: NOVEMBER 24, 2003 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATION /JIM MUNCH, ACTING DIR. TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ZONING AND ESTABLISHING AWNING STANDARDS ISSUE Should the City Council amend Chapter 4 of Title XVII of the Pueblo Municipal Code relating to zoning requirements for awnings projecting into the public right -of -way? RECOMMENDATION The Planning and Zoning Commission voted 7 -0 to recommend approval. BACKGROUND The enclosed text amendment was initiated in order to address an existing deficiency in Title 17, Zoning, of the Pueblo Municipal Code. Currently there are no regulations, which address these types of structures. However they are an historically important part of our downtown commercial areas. For more than a century retailers have used awnings projecting over the public sidewalk in order to attract customers to their shops. Therefore, because staff is encouraging of these types of awnings, this text amendment was drafted in order to ensure that they are constructed and installed correctly. It is intended that awnings projecting into the right -of -way would receive an administrative approval rather than a revocable permit. Therefore, the administrative process would be a few days, versus 6 to 8 weeks. The local awning companies have been a part of the discussion and have endorsed this amendment and are also appreciative of the streamlining component of it. FINANCIAL IMPACT None