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HomeMy WebLinkAbout07122ORDINANCE NO. 7122 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE NONCONFORMING USES AND STRUCTURES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material deleted, underscoring indicates material added.) SECTION 1. Section 17 -3 -4 of the Pueblo Municipal Code is hereby amended to read as follows: 17 -3 -4. Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this [provision] Chapter derives that could not be built under the terms hereof by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No such nonconforming structure, except as described in Section 17- 3 -4(5), may be enlarged or altered in a way which increases its nonconformity, and no variance or exception shall be made which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. (2) Should such nonconforming structure or nonconforming portion of a structure be damaged or destroyed by any means [to an extent of more than fifty percent (50 %) of its replacement cost at time of destruction,] it shall not be reconstructed except in conformity with the provisions of this Title unless it is repaired or reconstructed within six (6) months from the date of damage or destruction. Repair or reconstruction must first receive written approval from the Administrative Official upon evidence presented verifying the exact dimensions, including height of the structure, before its damage or destruction. Noncomplying dimensional characteristics or parking requirements shall not be increased beyond what existed before the damage to or destruction of the structure. Repairing or rebuilding a nonconforming structure shall require full compliance with all applicable building codes, off street parking and landscaping requirements in effect at the time of reconstruction. (3) No portion of a nonconforming structure may be rebuilt if it is within a public right of way or a public or private easement. ([3]4) [Should such] if any nonconforming structure [be] is moved for any reason for any distance, [whatever,] it shall [thereafter] then conform to the [regulations for the] zone district regulations where it is relocated [in which it is located after it is moved]. (5) Notwithstanding any contrary provision in this Chapter, nonconforming structures which were single family residences on or before February 1, 1968, as determined by the Administrative Official, may be enlarged within the existing parcel provided such single family residence is not enlarged by more than thirty (30) percent of the gross floor area of the residence. Such enlargement may be permitted only if such change does not result in a greater nonconformance to the dimensional requirements including setbacks, singe family home placement standards and coverage, and if the parking requirements for the residence are met. Any such enlargement shall require review and approval of a permit from the Zoning Board of Appeals. SECTION 2 Section 17- 3 -5(1) of the Pueblo Municipal Code is hereby amended to read as follows: 17- 3 -5(1) No existing structure devoted to a use not permitted by this Title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, except as provided in Section 17 -3 -4 , moved or structurally altered except [in changing] to change the use of the structure to a use permitted in the district in which it is located. SECTION 3. This Ordinance shall become effective on April 12, 2004. INTRODUCED March 22, 2004 BY Michael Occhiato 0 e7izZ L 0 0 A I - � u i Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: March 22, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATION /JIM MUNCH, ACTING DIR. TITLE AN ORDINANCE AMENDING CHAPTER 3, TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO NONCONFORMING USES AND STRUCTURES ISSUE Shall there be a provision added to the zoning ordinance which will allow existing nonconforming structures to be rebuilt within a certain amount of time, and under certain circumstances? RECOMMENDATION The Planning and Zoning Commission voted 5 -0 to recommend approval. BACKGROUND The proposed amendment is a follow -up to the amendment allowing residences in the Business Districts, and the November 2002 Planning & Zoning Commission work session. At that meeting, the Commission discussed staffs' inability to write 'rebuild letters' for property owners of existing nonconforming structures; specifically existing single - family homes. This amendment will allow property owners, with proper documentation and under circumstances set forth in the Ordinance, to be able to rebuild their structures within six months of it being damaged or destroyed. This time period is in keeping with existing language within our ordinance that addresses nonconforming uses. FINANCIAL IMPACT None.