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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 Section 17 -4 -23 of the Pueblo Municipal Code is hereby repealed in its entirety, restated and adopted to read as follows: 17 -4 -23.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 OA - 7sz7'7 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