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
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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