HomeMy WebLinkAbout07599ORDINANCE NO. 7599
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE
RELATING TO ACCESSORY BUILDINGS AND STRUCTURES
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Section 17 -4 -23 of the Pueblo Municipal Code is hereby repealed in its entirety, restated and
adopted to read as follows:
17 -4 -23. Accessory buildinas and structures.
(a) General provisions. All accessory structures shall comply with the following general
conditions:
Be clearlv incidental and customarilv used in connection with the principal
use;
(2) Be located on the same lot as the principal use and structure;
(3) Except as provided in Sections 17- 4- 23(c)(3) and 17- 4- 23(d)(4) below, no
accessory structure shall be built or placed within any required front, side or rear
yard setback;
(4) No accessory structure shall be placed upon land within any recorded
easement, including all deeded and dedicated easements, or be permitted to
encroach into any public right -of -way;
(5) All roofed or covered accessory structures shall be subject to lot coverage
maximums in combination to the principal structure of the zone district in which the
accessory structure is located;
(6) No accessory structure shall be built or placed on any lot before the principal
structure to which it is an accessory has been completed and issued a certificate of
occupancy or equivalent approval from the Pueblo Regional Building Department
unless the principal structure and accessory structure are being constructed at the
same time; and
(7) No accessory structure shall allow residential occupancy except as
specifically authorized under Section 17 -4 -51.
(b) Attached accessory structures, including but not limited to private garages, carports,
porches and decks, built as an integral part of the principal structure shall not be subject to size
limitations provided it is smaller than the habitable portion of the principal structure. Attached
accessory structures shall be attached to and architecturally compatible with the principal structure,
and shall not exceed the heiaht of the principal structure.
(c) Unless otherwise specified, all detached accessory structures shall comply with the
following:
No detached accessory structure or combination of structures shall exceed
fifteen (15) percent of the lot area, up to a maximum of fifteen hundred (1,500)
square feet, or one hundred percent (100 %) of the foot print of the principal
structure, whichever is smaller;
(2) Only one (1) detached accessory structure larger than one hundred sixty
(160) square feet shall be permitted for each principal structure on the building site;
(3) Only one -story detached accessory structures sixteen (16) feet or lower in
height may be placed as close as five (5) feet to the rear or side property lines. The
Director of Land Use Administration, with concurrence of the City Traffic Engineer,
may allow a detached accessory structure to be placed up to two (2) feet from a
deeded or dedicated alley at the rear property line if the prevailing development
pattern of the neighborhood historically allowed for the placement of similar
accessory structures;
detached accessory structure more than one -story or hiaher than
sixteen (16) feet shall comply with the minimum setback requirements of the zone
district;
(5) Any detached accessory structure larger than seventy -five (75) square feet
or higher than seven (7) feet at the highest point shall be architecturally compatible
with the principal structure. For the purposes of this Section, compatibility shall
mean construction of similar material and details and shall specifically exclude
prefabricated metal structures and pole barns, or the use of corrugated metal panels
as a siding material. The Zoning Board of Appeals may grant exceptions to this
architectural compatibility requirement for agricultural buildings on conforming
agriculturally zoned lots as a use by review as provided in Section 17 -5 -33;
(6) More than one (1) detached accessory structure may be located on
conforming lots within the A -4 zone district as a use by review as provided in
Section 17 -5 -33;
(7) Detached accessory structures located within zone districts in which density
is regulated by floor area ratio are not subject to the limitations of Sections 17-4 -
23(c)(1) and 17- 4- 23(c)(2); and
Detached accessory structures located within the A -1. A -2 or A -3 zone
districts are not subject to the limitations of Sections 17- 4- 23(c)(1) and 17- 4- 23(c)2
provided the use is restricted to limited agricultural activities for the exclusive use of
the single- family residence's occupants only. For the purposes of this Section,
"limited agricultural activities" specifically excludes auto storage, warehousing,
fabrication. rebuildina. manufacturina or production.
(d) Exceptions from accessory building and structure provisions:
(1) Uncovered accessory structures such as patios and decks fewer than thirty
(30) inches in height from adjacent finished grade;
(2) Swimming pools are not subject to the size limitations in Section 17-4 -
23(c)(1) provided no part of the structure is placed in front of the building setback
established by the principal structure;
(3) Removable playhouses and children's play equipment lower than eight (8)
feet in height;
4) Detached accessory structures are allowed in side and rear vards provided:
a. The projected roof area of the structure does not exceed seventy -five
(75) square feet;
b. The maximum height of the structure at the highest point does not
exceed seven (7) feet;
C. The structure is not placed on a permanent aggregate foundation;
and
d. No part of the structure may be placed in front of the building setback
established by the location of the principal structure.
5) Prefabricated metal carports will be allowed on a single- family residential lot
)rovided the followina conditions are met:
a. The property contains a single- family residence that does not have
an attached or detached garage, carport, carriage house or similar parking
structure;
b. The lot is located in a subdivision created before February 1, 1972;
C. The structure is maintained in a manner that does not detract from
the aesthetics of the neiahborhood:
d. The carport is built behind the principal structure and not in any
setbacks; and
e If the property owner later applies for a building permit to construct
any accessory structure, the prefabricated metal carport shall be removed
from the property before such permit is issued.
(e) Appeal procedures; variances. To obtain a variance from the requirements of this
Section, the property owner must prove a variance is needed to avoid unnecessary hardship and
will not undermine the purpose and intent of the zoning ordinances. The alleged hardship cannot
be self- imposed and must be of a type unique to the property owner, that is, a hardship not
generally shared by other property owners in the zone district. The Zoning Board of Appeals shall
not have the authority to grant variances for accessory structures larger than the area
requirements established in this section.
SECTION 2.
This Ordinance shall become effective on final passage and approval.
INTRODUCED: May 29, 2007
BY: Randy Thurston
Councilperson
APPROVED: a
F#kESIDEINTof City Council
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED: June 11, 2007
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM #
DATE: MAY 29 2007
DEPARTMENT: COMMUNITY DEVELOPMENTMERRY M. PACHECO
LAND USE ADMINISTRATORMERRY M. PACHECO
TITLE
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL
CODE RELATING TO ACCESSORY BUILDINGS AND STRUCTURES
ISSUE
Should the City Council amend Chapter 4 of Title XVII to repeal and reestablish the
regulation of accessory structures within the City?
RECOMMENDATION
The Planning and Zoning Commission, at their May 9, 2007 Regular Meeting, voted 4 -1 to
recommend approval.
BACKGROUND
Two (2) amendments to the Ordinance (May 2003, and April 2005) generated unintended
consequences not contemplated by the original authors and created confusion about its
applicability. 'At the February 21, 2006, joint work session of the Planning and Zoning
Commission and City Council, staff received direction to address these issues and to
clarify and update the regulations concerning accessory structures in the Municipal Code.
The proposed text amendment repeals and reestablishes the regulation of accessory
structures within the City. As rewritten, the regulation is intended to clarify a portion of the
existing regulation, rearrange the placement of certain subsections of the existing
regulation and add new regulation to address issues raised by the community.
FINANCIAL IMPACT
None