HomeMy WebLinkAbout07285ORDINANCE NO. 7285
AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO
MUNICIPAL CODE RELATING TO ACCESSORY STRUCTURES, AND PROJECTIONS AND
ENCROACHMENTS INTO YARDS AND PROVIDING FOR RELATED DEFINITIONS
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. [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 fewer than five (5) feet from any property line,
shall be constructed so the walls adjacent to the property lines shall 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.] In addition, no [building or] structure
shall be placed upon land within a deeded or dedicated utility or drainage easement or a public
right -of -way.
(b) Performance standards
Accessory structures may be built to occupy not more than thirty percent (30 %) of the rear yard
nor more than fifty percent (50 %) of one (1) side yard. If a variance is granted to reduce the
required setbacks, accessory structures within the reduced setback shall be constructed so the
walls adjacent to the property lines shall have at least one -hour fire resistive construction, as
defined in the International Residential Code as adopted by Section 4 -6 -1 of this Code. The walls
adjacent to the property line shall have no openings, and shall neither have a roof overhang nor
allow water to shed onto adjoining property.
(1) Except as provided in Section 17 -4 -6, one story accessory structures, [(]sixteen (16)
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 (16) 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 are structures attached to and architecturally
integrated with the principal structure and must share at least one (1) common wall with the
principal structure;
(3) Detached accessory structures shall neither exceed the allowable area set forth in
Table 1 [eight hundred (800) square feet] nor one hundred percent (100 %) 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;
Table 1 (17 -4 -23)
AREA LIMITATIONS FOR DETACHED ACCESSORY STRUCTURES (PAS)
Lot area
Max ratio of principal
Total combined area
Maximum Variance
buildinq /DAS
Fewer than 8,000
100%
800 square feet
20%
square feet
Greater than or equal
100%
800 + ((Lot area —
20%
to 8,000 square feet
8,000) x .05) with a
maximum combined
area of 1,200 s.f.
(4) More than one (1) detached accessory structure may be located on conforming lots
within the A -1, A -2, A -3 and A -4 zone districts if [at least seventy -five percent (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 attached to an existing one -story principal structure
shall not exceed sixteen feet; and
(7) Detached accessory structures larger than seventy -five (75) square feet or higher
than seven (7) feet shall be architecturally compatible with the principal structure. For the
purposes of this subsection, compatibility shall mean construction of a similar material and details
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.
The Zonina Board of Appeals may arant exemptions to the architectural compatibility reauirement
for aaricultural accessory buildinas on conformina aariculturallv zoned districts with approval of a
use by review
(c) Appeal Procedures; Variances.
If any person is aggrieved by these performance requirements, such person may apply to
the Zoning Board of Appeals for a variance to the area limitations pursuant to Section 17 -5 -34.
Such variance may not increase the overall area for all detached accessory structures by more
than twenty percent (20 %).
SECTION 2.
Section 17- 2 -1(6) 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 within, and
of a nature customarily incidental and subordinate to, the principal use [or structure]. Unless
otherwise provided in this title, an accessory use shall not exceed thirty percent (30 %) of the gross
floor area of the principal structure, and must be located in the same principal structure.
SECTION 3.
Section 17- 2 -1(7) of the Pueblo Municipal Code is hereby amended by adding a new
subsection 7.5 to read as follows:
(7.5) Building, accessory means a subordinate structure located on the same lot as a
principal building. The use of an accessory structure must be incidental and subordinate to the use
of the principal building. Accessory structures include garages, carports, storage sheds, decks,
and similar structures.
SECTION 4.
Section 17- 2 -1(8) of the Pueblo Municipal Code is hereby amended to read as follows:
(8) Building, principal and /or main means a building in which is conducted the main or
principal use of the lot or parcel on which said building is situated[, and including areas such as
garages, carports, storage sheds, etc., which are attached to and architecturally integrated with the
principal building].
SECTION 5.
Section 17 -2 -1(62) of the Pueblo Municipal Code is hereby amended by adding a new
subsection 62.1 to read as follows:
(62.1) Structure, accessory means a subordinate structure located on the same lot as a principal
building. The use of an accessory structure must be incidental and subordinate to the use of the
principal building. Accessory structures include garages, carports, storage sheds, decks, and
similar structures.
SECTION 6.
This Ordinance shall become effective on April 11, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PRES1DENT 9F CITY CqWIL
ATTESTED BY:
CITY CLERK
INTRODUCED March 28, 2005
PASSED AND APPROVED April 11, 2005
ED
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 0
DATE: MARCH 28, 2005
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO
MUNICIPAL CODE RELATING TO ACCESSORY STRUCTURES, AND PROJECTIONS
AND ENCROACHMENTS INTO YARDS AND PROVIDING FOR RELATED
DEFINITIONS
ISSUE
Should the City Council amend Chapters 2 and 4 of Title XVII of the Pueblo Municipal
Code to amend performance standards for accessory buildings and structures?
RECOMMENDATION
The Planning and Zoning Commission, at their March 9, 2005 regular meeting, voted
unanimously to recommend approval.
BACKGROUND
The text amendments were initiated in order to allow property owners the ability to build
accessory structures in proportion to the lot size they own. The text amendment
eliminates the language that requires seventy -five (75 %) agricultural use of additional
accessory structures in the A-4, Agricultural Four District. The Zoning Board of Appeals
initiated the discussion with staff and the Planning Commission in crafting this text
amendment. Both bodies are supportive of its language.
FINANCIAL IMPACT
None