HomeMy WebLinkAbout07659ORDINANCE NO. 7659
AN ORDINANCE AMENDING CHAPTERS 4, 10 AND 13 OF TITLE XVII OF THE PUEBLO
MUNICIPAL CODE RELATING TO A NEW RESIDENTIAL CHARTER NEIGHBORHOOD
DISTRICT (RCN) AND A NEW COMMERCIAL CHARTER NEIGHBORHOOD DISTRICT (CCN)
AND STANDARDS THEREFORE, AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF
WHEREAS, the Pueblo City Council wishes to create charter neighborhoods in the City of
Pueblo which promote the renovation and redevelopment of older residential neighborhoods and
commercial areas and incorporates new development architectural precedents where possible and
practicable; and
WHEREAS, certain new zone districts are needed to implement charter neighborhoods and
commercial charter standards and guidelines to assist in developing design solutions that reinforce
traditional neighborhood patterns and promote the use of quality materials that relate to the
character of traditional homes in the residential neighborhoods. Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material
deleted, underscoring indicates material added.)
SECTION 1
Section 2, Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended by the
addition of a new column next to column R -8 in the Schedule of District Regulations (Part I,
Residential) for Residential Charter Neighborhoods (RCN) to read as follows:
(d)Max Coverage
RCN
(a) Min Lot Area
50% (75% by Review)
Single
(B)
Family
2500sf
(b) Min Lot Area
Duplex
5000sf
(c) Min Lot
Width
25'
(d)Max Coverage
of Lot
50% (75% by Review)
(e) Max Floor
Area Ratio
--
f Max
Building Height
35'
(g)Min Front
Yard Set -back
(E)
(h) Min Side
Yard Set -back
(F)
(i) Min Rear
Yard Set- (A)
back 15'
(A) Accessory Buildings need only be set back five feet, except when Section 17 -4 -6 is
applicable. Also note exceptions listed in Section 17 -4 -23.
(B) See Section 17 -4 -4 for lot size requirements for multiple unit housing.
(C) See Section 17- 4 -6(1).
(D) See Section 17 -4 -51(5)
(E) See Section 17 -4 -4 for front yard setbacks.
(F) See Section 17 -4 -4 for side yard setbacks.
SECTION 2.
Section 3, Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended by the
addition of a new column next to column S -5 in the Schedule of District Regulations Part II for
Commercial Charter Neighborhoods (CCN) to read as follows:
CCN
(a) Min Lot (F)
Area 2500sf
(b) Min Lot (F)
Width 25'
(c) Max Cov -erage
of Lot 100%
(d) Max Floor
Area Ratio 2.0
e Max
Building Height
35'
(f) Min Front
Yard Setback
(F)
(g) Min Side
Yard Setback
(G)
(h) Min Rear
Yard
(A)
Setback
15'
(A) Does not apply on the portion of the parcel adjacent to another parcel also in a Business
or Industrial zone. It does apply when the portion of the parcel is adjacent to a residential
or special zone (streets or alleys not considered).
(B) See Section 17 -4 -5 and Section 17 -4 -6 for additional requirements.
(C) See Section 17- 4- 51(17)c.
(D) That portion of the parcel adjacent to an "expressway" shall provide 75' of front setback.
(E) See Section 17 -4 -6.
(F) 25 feet for single - family or two - family residential; no minimum setback for other uses.
(G) See Section 17 -4 -5 for side yard setbacks.
R - Review and approval by Planning and Zoning Commission required in each case.
SECTION 3.
Section 4, Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended by
adding a new subsection (g) to read as follows:
(g) Residential Charter Neighborhood (RCN) District:
(1) Three (3) to five (5) family dwelling unit structures shall have one thousand
five hundred (1,500) square feet of land area per dwelling unit.
(2) Six (6) or more family dwelling unit structures shall have a minimum of eight
thousand (8,000) square feet of land area or one thousand (1,000) square feet per
dwelling unit, whichever is greater, and shall provide at least twenty percent (20 %) of
the parcel in landscaped open space.
(3) Setback dimensions shall be determined as described below. However, the
Zoning Administrator may review and approve setback reductions when the
precedent pattern of development on the subject and immediately adjacent blocks is
less than the current requirement. It will be the responsibility of the party requesting
the reduction to provide a survey, or other suitable documentation, which verifies the
existing setbacks on the adjacent properties. The following yard setback
requirements shall apply within the Residential Charter Neighborhood District.
a. The front yard setback for all buildings, except commercial buildings on
a corner lot, shall be the average of the existing building setbacks on adjacent
lots. If there is only one adjacent lot with a building, the setback shall be equal
to its setback. If both adjacent lots are vacant, the setback shall be the average
of all existing building setbacks on the block. If there are no houses on the
block, the setback shall be twenty -five (25) feet.
b. The minimum front yard setback for commercial buildings on a corner
lot is zero feet.
(4) Side yard setbacks shall be as follows:
a. Lot width of 35 feet or fewer:
1. Side yard setbacks for one -and two - family residential units and their
accessory structures on lots 35 feet or fewer in width shall be three (3) feet.
Projections shall not extend to a point closer than two (2) feet from the
property line.
2. Other buildings -- five feet.
3. Two one - family residences may be constructed on two separate
parcels, connected to each other (zero setback) on one side with a side yard
setback of five feet on the other side, provided the residences are built at the
same time.
b. Side yard setbacks for lots greater than 36 feet in width -five (5) feet.
SECTION 4.
Section 5, Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended to read
as follows:
The applicant shall submit proof that he or she can or will meet the applicable performance
standards listed below.
(1) 0-1, B -1, B -2, B -3, [and] B -4 and CCN Districts; performance standards.
a. All portions of the land area of the parcel and the adjacent street rights -of -way and
alleys upon which it fronts shall be landscaped, graded, paved, fenced, planted or covered
by buildings, so that no dust will blow off the site and no soil or debris will be washed upon
the sidewalks, alleys or streets from the parcel in the event of a rainstorm.
b. All outdoor storage areas shall be enclosed by tight fencing, walls or closely
planted landscape material, sufficient in height to totally obscure the storage areas as seen
from a height of five (5) feet along the property line, and such areas and all others shall be
constructed, used and maintained to have an orderly appearance at all times.
c. No sound, smoke, odor, vibration, dust, glare or heat shall be measurable beyond
the outer boundaries of the parcel.
d. In a B -3 zone district no unauthorized sign, signal, marking or device shall be
placed, maintained or displayed which (1) is located in the right -of -way of any street, alley
or highway, or encroaches into the air space above the right -of -way; (2) flashes or blinks;
(3) uses the colors of red, amber or green in such manner as to be confused with an official
traffic control device or railroad sign or signal; or (4) violates the Model Traffic Code for
Colorado Municipalities, Section 15 -12, "Unauthorized signs, signals, or markings."
e. In an 0-1 District, only business wall signs and permanent window signs shall be
permitted and shall be regulated as follows:
No wall sign shall extend more than fifteen (15) feet above building grade.
2. Only one (1) business wall sign shall be permitted and displayed to each
street frontage.
3. Window signs shall not have a sign area in excess often percent (10 %) of the
area of the window to which it is affixed.
4. The combined total sign area of the wall sign and window signs displayed to a
street shall not exceed two (2) times the square root of the property's frontage onto
said street. Examples are as follows:
Frontage Square Root Total Sign Area
50 feet 7.1 14.2 sq. feet
75 feet 8.7 17.4 sq. feet
100 feet 10.0 20.0 sq. feet
5. Signs shall be illuminated solely by stationary, shielded light sources directed
to the sign; or by internal light sources producing not more than one (1) foot - candle of
illumination at a distance four (4) feet from the sign.
6. Signs shall not: (a) flash, blink, be animated or emit noise; or (b) violate
Section 15 -12, "Unauthorized signs, signals, or markings" of the Model Traffic Code for
Colorado Municipalities as adopted by Section 15 -1 -1 of this Code.
f. In a CCN setback dimensions for residential structures and uses shall be
determined as described below. However, the Zoning Administrator may review and
approve setback reductions when the precedent pattern of development on the
subject and immediately adjacent blocks is less than the current requirement. It will
be the responsibility of the party requesting the reduction to provide a survey, or
other suitable documentation, which verifies the existing setbacks on the adjacent
properties. The following yard setback requirements shall apply within the
Commercial Charter Neighborhood District.
1. The front yard setback for all residential buildings shall be the average
of the existing building setbacks on adjacent lots. If there is only one adjacent
lot with a building, the setback shall be equal to its setback. If both adjacent lots
are vacant, the setback shall be the average of all existing building setbacks on
the block. If there are no houses on the block, the setback shall be twenty -five
25 feet.
2. Side yard setbacks for one -and two - family residential units and their
accessory structures on lots 35 feet or fewer in width shall be three (3) feet.
Projections shall not extend to a point closer than two (2) feet from the property
line.
3. Side yard setbacks for other buildings —five feet, except that no side
yard setback is required between two commercial buildings.
4. Two one - family residences may be constructed on two separate lots,
connected to each other (zero setback) on one side with a side yard setback of
five feet on the other side, provided the residences are built at the same time.
g. Side yard setbacks for lots greater than 36 feet in width -five (5) feet.
SECTION 5_
Subsection (b)(2) of Section 7, Chapter 4 of Title XVII of the Pueblo Municipal Code is
hereby amended to read as follows:
(2) Applicable Zones: The provisions of this Section shall apply in the following zone
districts: R -4, R -5, R -6, RCN B -1, B -2, B -3, B -4, BP, H -B, 1 -1, 1 -2, 0-1, CCN S -1, S -4 and
S -5 when one (1) of the following occurs within the above mentioned zones:
a. The construction or erection of any building upon any lot;
b. Any addition of thirty -five percent (35 %) or more of the gross square footage
of an existing building; or
c. The use of five thousand (5,000) square feet of unimproved contiguous land
or land in the same ownership for off - street parking or the conversion of existing use of
five thousand (5,000) square feet or more of contiguous land or land in the same
ownership to off - street parking.
d. Off - street parking areas of five thousand (5,000) or more square feet shall be
paved with asphalt, concrete or pavers. That portion of the driveway connecting from
the curb line to the back of sidewalk property shall be paved with concrete materials.
Off - street parking areas of five thousand (5,000) or more square feet shall meet and
comply with the requirements of Section 17- 4- 44(b), (c), (d), (e), (h), (i), Q), (k) and (p).
e. The construction of any building in the specific B -4 and CCN zone districts of
Downtown, Minnequa, Mesa Junction and Union Avenue, as defined on the map,
which does not allow for the required ten -foot landscape setback, shall be required to
plant street trees in the public right -of -way whenever possible.
f. The provisions of Subparagraph c above shall not apply to improved off - street
parking areas of five thousand (5,000) or more square feet existing and in use on June
22, 1998.
SECTION 6.
Subsection (b)(5) of Section 43, Chapter 4 of Title XVII of the Pueblo Municipal Code is
hereby amended to read as follows:
(5) Retail uses in B -3, CCN, H.B., R -5, R -6, 1 -2 and 1 -3 zone districts shall be provided
with at least ten (10) parking spaces, plus one (1) additional parking space for each two
hundred fifty (250) square feet of gross floor area in excess of two thousand five hundred
(2,500) square feet.
SECTION 7.
Section 51, Chapter 4, Title XVII of the Pueblo Municipal Code is hereby amended by
adding new subsections (4.2) and (9.3) to read as follows:
(4.2) Residential Charter Neighborhood District (RCN):
a. Purpose. The standards of this district (RCN) are designed to maintain
the character of the City's original neighborhoods, sometimes referred to as Charter
Neighborhoods, while meeting modern needs and standards. These developed
neighborhoods have a traditional neighborhood pattern with a diversity of affordable
housing types on a variety of lot sizes with small lots predominating. There are tree -
lined streets with sidewalks, alleys, neighborhood parks, and a mixture of uses
within the residential fabric. The neighborhoods historically functioned at a
pedestrian scale, with most residences, public amenities, and neighborhood goods
and services accessible with little dependence on an automobile. There are some
non - residential uses that present actual or potential compatibility problems. The
standards of this district are intended to maintain and enhance these and other such
desirable neighborhood characteristics and resolve questions of the compatibility of
adjacent uses.
b. Uses by right.
1.
Automobile parking.
2.
Grouped houses.
3.
Home: children, blind, disabled,
elderly, maternity, religious.
4.
Residence, one - family.
5.
Residence, two - family, attached.
6.
Residence, three- and four - family,
attached.
c. Uses by review. A use by review is any of the following uses which are
permitted only
upon issuance of a special use permit.
1.
Artist studios, provided items
sold on -site are limited to those
produced on -site.
2.
Bakeries, provided goods are not baked for sale off the premises.
3.
Beauty shop or barbershop
having no more than two (2)
workstations.
4.
Bed and breakfast home.
5.
Charitable institution.
6. Child care center.
7. Child care home.
8. Church
9. Health Center
10. Home occupations.
11. Live -work units combinina one (1) residential unit with anv allowable
non - residential uses.
12. Neighborhood retail stores selling consumable products such as
groceries and similar items excepting gasoline, provided the building area of
the use shall not exceed two thousand (2,000) square feet in size.
13. Professional offices, provided no more than four (4) businesses are
located in any building, and the total building area devoted to office use does
not exceed thirty -two hundred (3,200) square feet in size.
14. Restaurants not to exceed thirty -two hundred (3,200) square feet in
building area, but excluding all drive -in restaurants.
15. Taverns not to exceed a total of thirty -two hundred (3.200) sauare feet
inbuilding area.
16. Recreation facilities, private.
17. Residence, multi- family.
18. Utilities as outlined in Section 17 -4 -30.
d. Conditions for non - residential uses by review. This subsection aaalies to
non - residential uses in the RCN district.
1. The intent of the non - residential uses allowed by Section 17-4 -
51(4.2)c is to (i) provide ongoing services to the neighborhood residents;
(ii)provide small -scale employment opportunities for neighborhood residents;
and (iii) encourage the continuation of existing commercial uses that
contribute to the character of the neighborhood. To qualify for a special use
permit, a proposed non - residential use must meet two (2) of the above three
(3) intent criteria.
2. Non - residential uses shall be limited to two (2) per block face and to
two (2) per intersection. Existing commercial uses, including those in mid -
block locations shall be considered uses by right, and may be exempted from
all off - street parking regulations by the Zoning Board of Appeals. For
purposes of this subsection, home occupations shall not be considered a
non - residential use.
3. Non - residential uses involving on -site sale of food or beverages shall
be located at the corner of two (2) public rights of way (alleys or streets).
4. Residential uses in the same structure may be located above or
behind a non - residential use.
5. To ensure compatibility of uses, the Zoning Board of Appeals may set
limits on the hours of operation and the amount of noise generated.
6. If the floor area of an existing non - residential use is expanded, the
Zoning Board of Appeals may waive compliance with one hundred percent
(100 %) of the off - street parking requirements of this Title. Factors considered
by the Zoning Board of Appeals in waiving compliance with off street parking
requirements shall include the amount of increase in the occupancy load of
the building, parking demand for the use, new infrastructure required,
increased impact on existing infrastructure, and demonstrated demand for
surrounding neighborhood parking.
e. Performance standards.
1. Not more than fifty percent (50 %) of the front yard setback shall be
covered with an impervious surface.
2. Parking is allowed in the front yard of a residence only on a driveway
that leads directly to the garage door. The driveway shall be no wider than ten
(10) feet to provide access to the garage. If the property can be accessed
from an alley and no garage exists, or if garage access is from other than the
front, no parking is allowed in the front yard of the residence.
3. Except as restricted by Section 15 -3 -2, the height of fences, walls and
hedges for parcels containing one - family, two - family, and three- and four -
family residences, and townhouses shall not exceed four (4) feet in the front
yard area and six (6) feet in other yard areas.
4. Fencing materials shall not include or incorporate razor or concertina
wire; barbed wire; electrically charged wire; plywood surface; or fabric, sheet
or corrugated metal, or plastic sheeting.
5. Parking.
a) Detached carports shall not be located closer than two feet five
inches (2.5 feet) from the side yard lot line without a variance.
b) Any remodeling, rehabilitation, or addition smaller than fifty (50)
percent of an existing residence on a parcel smaller than ten thousand
(10,000) square feet, and not resulting in additional dwelling units, shall
not require an increase in the number of existing off - street parking
spaces.
c) Off - street parking for residences that are more than four - family in
size, and for all non - residential uses installed after the effective date of
this section shall be located in the rear half of the lot unless the parking is
completely enclosed within the main structure.
6. Alleys.
a) Backing into an alley from parking lots and off - street parking
spaces will be allowed, provided the parking lots or spaces serve single -
family or two - family residences.
b) Any new construction, expansion of a use or building, or
improvement, to either one (1) single- family or one (1) two - family
residence, shall not require the applicant to pave any or all of any alley,
but may require the applicant to surface the alley with an all- weather,
dust -proof material to the point where the alley meets the nearest street.
c) Existing alleys may be vacated only for purposes consistent with
an adopted neighborhood plan and subject to requirements of applicable
law.
7. Guidelines. The City Council may adopt development design
guidelines for the RCN district by resolution for different types of uses,
structures, or other matters to preserve the character of the neighborhood
while allowing flexibility in the design and building process. If guidelines are
so adopted, the Administrative Official shall review all development for
consistency with the intent of the guidelines. If the Administrative Official
determines the intent of the guidelines is met, the Administrative Official may
approve a building permit or business license application provided all other
applicable requirements of this Title have been met or complied with. A
person aggrieved by the decision of the Administrative Official may appeal
such decision to the Zoning Board of Appeals pursuant to the provisions of
Section 17 -5 -22. A building permit shall not be issued until the Administrative
Official has approved the development for compliance with the requirements
of this district (RCN) and the guidelines.
(9.3) Commercial Charter Neighborhood District (CCN):
a. Purpose. The standards of the CCN district are designed to retain and
conserve suitable areas for commercial, office, and mixed -use development that
primarily serve the residents of the surrounding charter neighborhood. This type of
development should enhance, rather than detract from the primarily residential
character of the area and function as a continuous element of the pedestrian
oriented CCN District.
b. Uses. Uses depend upon the type of street along the front of the building
containing the use, as shown in the following table:
Legend:
Allowed Use by Right = A
Use by Review = R
Not Allowed = --
Major Arterial
Minor Arterials,
Collectors,
Local Streets
Adult entertainment
-
-
Agency offices (Real Estate, Insurance,
Property Management, etc.)
A
A
Aircraft Beacon
-
-
Apartments (3 or more units)
R
R
Art Galleries
A
A
Artist (Commercial)
A
R
Associations, Clubs, Lodges
R
R
Auto Parts
A
-
Auto Repair, Limited
R
-
Auto, Retail (used)
R
-
Auto Service Station
R
-
Bakery
A
A
Beauty and Barbershop (2 or fewer work
stations)
A
A
Bed & Breakfast home
A
R
Bed & Breakfast Inn
R
R
Boardinghouse
R
R
Bulk storage, warehousing or
wholesaling
R
-
Camping Area
-
-
Car wash
R
R
Car Wash (self service only)
A
R
Charitable Institution
R
R
Childcare Center
R
R
Childcare Home & play school
R
R
Christmas Tree sales
A
A
Churches & Religious Institutions
R
R
Club, supper, entertainment ( <3,250 S.F.)
A
R
Cocktail Lounges & Taverns ( <3,250 S.F.)
R
R
Community correctional facility or
program
-
-
Convent
R
R
Dance & Fitness Studios
A
R
Drugstore
A
R
Elderly foster Home
R
R
Floral Shop
A
R
Fireworks, Retail
-
-
Foster Home
R
R
Fraternity or Sorority House
R
R
Golf course
-
-
Grocery Store
A
R
Grouped houses
R
R
Health Center
R
R
Hobby shops with retail sales limited to
articles used in said hobby with or
without group instruction
A
A
Home: children, blind, disabled, elderly,
maternity, religious
R
R
Home Occupations
A
R
Homeless shelter
R
R
Hospitals (for humans)
R
R
Hospital, veterinarian
R
-
Hotels & Motels
R
-
Laundry & Dry Cleaning
R
R
Laundry and dry cleaning, self service
A
R
Library
R
-
Meat market
A
R
Mortuary
R
R
Museums
R
R
Natural deposits, extraction
-
-
Nursery (vegetation)
A
R
Office (Professional)
A
A
Off - premise signs
-
-
Parking lot
R
R
Parking structure
R
-
Preschool facilities
R
R
Private recreation and amusement
facilities
R
R
Recreation, Indoor A R
Recreational Equipment Sales
R
-
Recreational Equipment services
R
R
Repair Services, Consumer Items
A
A
Repair shop, household appliance
A
A
Residence, single - family
A
A
Residences, two - family
A
A
Residences, three- & four - family
A
A
Residences, Over four - family
A
R
Restaurant ( <3000 s.f.)
A
A
Retail Store (6,000 s.f. max., FAR 1.0)
A
R
Restaurant, Drive -in
R
-
Retail (Sales & Services)
A
R
Service station
R
R
Shoe Repair shop
A
A
Tower (antenna)
-
-
Utilities as outlined in Section 17 -4 -30
A
A
Nurses home, dormitory
R
R
c. Performance standards.
1. Outdoor storaae. The followina provisions aaaly to all outdoor
storage except designated off - street parking areas and lots used to display
vehicles that are immediately available for sale or rent.
a) In addition to meeting the provisions of Section 17 -4 -5, the wall or
fence surrounding the storage area shall be kept in a clean, neat and
painted condition, and free of graffiti. Fencing made of chain links with
slats, salvage materials such as plywood, metal or fiberglass roofing
materials, or attached fabric materials to existing fences are prohibited.
b) Outdoor storage shall be confined to the rear of the main
structure(s) or the rear two - thirds of the site. whichever is more
restrictive.
c) All gates to access the storage area shall swing inwardly or slide
sideways. The gates shall be kept closed when not in use except the gate
may remain open during business hours if the interior or contents of the
storaae vard cannot be seen from residential areas and aublic streets.
d) If the storage area is adjacent to any residential zone district, no
items shall be stored closer than five (5) feet from the property line.
e) The provisions of Section 17 -4 -28, relating to the parking and
storage of certain vehicles, shall apply to all parcels and lots in thie CCN
district.
f) Outdoor storage on any vacant parcel or lot is prohibited.
g) Building materials for construction on the same lot may be stored
outdoors on the lot provided a valid building permit is in effect.
2. Alleys.
a) Backing into an alley from parking lots and off - street parking
spaces is allowed.
b) Any new construction, expansion of a use or building, or home
improvements shall not require the applicant to pave any or all of any
alley. The applicant, however, shall be required to surface the alley with
an all- weather, dust -proof material to the point where the alley meets the
nearest street.
c) Existing alleys may be vacated only for purposes consistent with
an adopted neighborhood plan and subject to the requirements of
applicable law.
3. Curb cuts. The width of new curb cuts shall not exceed twenty (20)
feet. New curb cuts should be no closer than twenty -two (22) feet from the
nearest existing curb cut to aid traffic circulation and increase the safety of
pedestrians.
4. Parking.
a) To promote flexibility in design, preserve existing commercial
areas, and encourage pedestrian uses, the off - street parking requirements
set forth in this Chapter 4 may be reduced or waived by the Zoning Board
of Appeals based on existing remote parking access, shared spaces, and
the magnitude of the parking demand from the proposed project. A
parking study may be required from the project proponent.
b) Parking areas shall be located in the rear half of the parcel unless
the parking is completely enclosed within the main structure.
c) Surface parking lots shall comply with landscaping and screening
requirements of Section 17 -4 -7 except that any fence, berm, or
landscaping feature at maturity shall comply with Section 15 -3 -2.
5. The following provisions apply to areas adjacent to minor arterials,
collectors, and local streets.
a) New drive - through or drive -in uses shall not be allowed.
b) The main entrance to a building shall be from the abutting street.
c) The building facade abutting the street shall have at least thirty
(30) percent of the street -level facade area, as measured from the street
level upward a maximum of twelve (12) feet, devoted to display windows
or windows affording views into the interior area.
d) Awnings or canopies over display windows, doors, and
entryways may extend over the sidewalk to not more than two (2) feet
inward from the edge of the curb or to the point where they interfere with
street trees and shall have a minimum clearance of eight (8) feet above
the sidewalk.
e) All mechanical equipment on the roof of buildings shall be
architecturally screened or enclosed to blend with the roof surface as
seen from public rights -of -way. Solar energy collection panels, wireless
communications antennas, and satellite dish antennas should be blended
into architectural features or incorporated into building designs.
f) Outdoor dining is allowed subject to the requirements of Section
9- 10 -84, and provided a clear distance (unobstructed width) of four (4) feet
is maintained for all sidewalks along public streets.
d. Mixed -use and residential projects. The following provisions are
applicable to mixed use projects (projects that combine residential and commercial
uses within the same building) and residential -only buildings with three (3) or more
dwelling units.
1. Three (3) to five (5) family dwelling unit structures shall have a
minimum of forty -five hundred (4,500) square feet of land area or fifteen
hundred (1,500) square feet per dwelling unit, whichever is greater,
2. Six (6) or more family dwelling unit structures shall have a minimum
of eight thousand (8,000) square feet of land area or one thousand (1,000)
square feet per dwelling unit, whichever is greater.
3. In calculating the floor -area ratio, only fifty (50) percent of the area
devoted to residential uses, shall be included.
4. Balconies for residential units may extend for a distance of six (6) feet
into a required yard facing a street, provided the balconies are a minimum of
ten (10) feet above the ground level and do not extend into the public right of
way.
5. Open space shall be provided as follows:
a) Private outside open area for residential units shall provide no
fewer than one hundred (100) square feet per dwelling unit.
b) Common outside open area for residential units shall provide no
fewer than one hundred (100) square feet per dwelling unit.
c) Residents shall have access to useable outside open area,
whether public or private, for recreation and social activities. The design
and orientation of these areas shall take advantage of available sunlight
and shall be sheltered from the noise and traffic of adjacent streets or
other incompatible uses.
d) The common outside open area shall be located conveniently for
the majority of dwelling units.
e) Private outside open areas shall be contiguous to the dwelling
units they serve, be screened from public view, and have a minimum
dimension of six (6) feet in any direction.
6. A separate area having a minimum of three hundred (300) cubic feet
of private and secure storage space shall be provided for each residential
unit.
a) The storage area may be located within a garage, provided it does
not interfere with garage use for automobile parking.
b) Normal closet and cupboard space within the living spaces of the
dwelling unit shall not count toward meeting this requirement.
7. All primary ground -floor common entries and individual dwelling unit
entries for mixed -use projects fronting on streets shall be oriented to the
street. not to the interior or to a Darkina lot.
8. The residential units in mixed -use projects shall be designed to
ensure the security of residents through the provision of secured entrances
and exits that are separate from the non - residential uses. Non - residential and
residential uses shall not have common entrance hallways or common
balconies except when one (1) residential unit is located above or behind one
(1) commercial space.
9. On -site pedestrian circulation for mixed -use projects shall be
continuous and connect various uses on site, as well as connect to off -site
transit stops and parking.
10. Security lighting that meets the current City lighting standards shall
be used in all parking areas and pedestrian walkways within the residential
Dortions of Droiects.
11. All mechanical eauiament shall be screened from view of the on -site
residential units, with the exception of solar energy collection panels, wireless
communications antennas, and satellite dish antennas. Such screening
should be made to aaaear to be an intearated Dart of the overall architectural
design.
12. The following provisions are required to enhance the compatibility of
uses within mixed -use projects.
a) Residential portions of a mixed -use project shall be designed to
limit the interior noise caused by the commercial and parking portions of
the project to a maximum of 45 db (A) in any habitable room with windows
closed. Proper design may include, but shall not be limited to, building
orientation, double or extra - strength windows, wall and ceiling insulation,
and orientation and insulation of vents. Where it is necessary that
windows be closed to achieve the required level, means shall be provided
for ventilationor cooling to provide a habitable environment.
b) No use, activity or process within a mixed -use project shall
produce continual vibrations or noxious odors that are perceptible
without instruments by a reasonable person within the interior of on -site
residential units.
c) All exterior lighting shall be adequately controlled and shielded to
prevent glare and undesirable illumination to on -site residential units.
e. Guidelines. The City Council may adopt development design guidelines
for the CCN district by resolution for different types of uses, structures, or other
matters to preserve the character of the neighborhood while allowing flexibility in the
design and building process. If guidelines are so adopted, the Administrative Official
shall review all development for consistency with the intent of the guidelines. If the
Administrative Official determines the intent of the guidelines is met, the
Administrative Official may approve a building permit or business license
application, provided that all other applicable requirements of this Title have been
met and complied with. The decision of the Administrative Official may be appealed
to the Zoning Board of Appeals pursuant to the provisions of Section 17 -5 -22. A
building permit shall not be issued until the Administrative Official has approved the
development for compliance with the requirements of the CCN district and the
guidelines.
SECTION 8.
Section 05 of Chapter 10, title XVII of the Pueblo Municipal Code is hereby amended by the
addition of the following new subsection (b.1).
(b.1) Residential: RCN
Type
Maximum Number
Maximum Area
Maximum Height
Monument Sign
1
12 sq. ft.
6'
Freestanding Sign
Prohibited
--
--
Building Address
Sign Plates
1 per address
2 sq. ft.
--
Wall Sign
Prohibited
--
B
SECTION 9.
Subsection (d) of Section 05 of Chapter 10, Title XVII of the Pueblo Municipal Code is
hereby amended to read as follows:
(d) Nonresidential Commercial Use: R -4, R -5, R -6, RCN
Type
Maximum Number
Maximum Area
Maximum Height
Monument Sign
1*
48 sq. ft.
6'
Freestanding Sign
1*
80 sq. ft.
16'
For Development
1 per address
2 sq. ft.
--
<40,000 sq. feet
Unlimited
1 sq. ft. per lineal
foot of building
frontage
Limited to height of
wall
Freestanding Sign
1 per frontage*
150 sq. ft.
20'
For Large Scale
1 per building
Development
frontage, primary and
>40,000 sq. feet
secondary
Building Address
1 per address
2 sq. ft.
--
Sign Plate
Wall Sign
Unlimited
2 sq. ft. per lineal
Height of building
foot of building
frontage
Note:
*Both types of signs (monument and freestanding) are not permitted at the same time
SECTION 10.
Subsection (e) of Section 05, of Chapter 10, Title XVII of the Pueblo Municipal Code is
hereby amended to read as follows:
(e) Residential: R -4, R -5, RCN (Hotel, B &B, Daycare Center, and similar uses)
Type
Maximum Number
Maximum Area
Maximum Height
Monument Sign
1
12 sq. ft.
6'
Freestanding Sign
Prohibited
--
--
Building Address
Sign Plates
1 per address
2 sq. ft.
--
Wall Sign
Unlimited
1 sq. ft. per lineal
foot of building
frontage
Limited to height of
wall
SECTION 11.
Section 05 of Chapter 10, Title XVII of the Pueblo Municipal Code is hereby amended by
the addition of a new subsection(n)
(n) Commercial Charter Neighborhood District (CCN)
Type
Maximum
Maximum
Maximum
Additional
Number
Area
Height
Requirements
Sign Plate
1 per address
2 sq. ft.
--
--
Wall Sign on
1
1.5 sq. ft. per
15'
--
Primary
lineal foot of
Frontage
primary
building
frontage*
Wall Sign on
1
1 sq. ft. per
15'
--
Secondary
lineal foot of
Frontage
secondary
building
frontage*
Freestanding
1 permitted (see
80 sq. ft.
12'
If property abuts
Sign
additional
residential use on
requirements)
only one (1) side
then one (1)
freestanding sign
or one (1)
monument sign is
permitted for
individual or
multiple tenants.
Both types of
signs on the
same lot are not
permitted.
Projecting
1
20 sq. ft.
15' or top of
5' maximum
Signs
roofline,
projection; 8'
whichever
minimum
is less
between bottom
of sign and grade
Monument
A. Multiple
100 sq. ft.
6'
If property abuts
Sign
tenants
R -1, R -2, R -3
permitted on one
Zone Districts on
(1) monument
two sides then
sign. Only (1)
only monument
sign permitted
signs are
on site (see
allowed.
additional
Freestanding
requirements)
signs are not
permitted in this
scenario
.qFrTIr)N 19
Subsection (3) of Section 2, of Chapter 13, Title XVII of the Pueblo Municipal Code is
hereby amended to read as follows:
(3) Emergency standby engines and emergency generators may be permitted as an accessory
use by review in an R -5, R -6, RCN 0-1, CCN B -1, B -2, S -2 or S -3 zone district in accordance with
the provisions of Section 17 -5 -33 of this Title.
.q FrTInN 1�
This Ordinance shall become effective upon passage.
BY Randy Thurston
Councilperson
APPROVED' a
r*? r7Q1n1#k1Tf%fi'i+
y Council
ATTESTED BY:
CITY CLERK
INTRODUCED Auaust 27. 2007
PASSED AND APPROVED: September 10, 2007
B. Individual
100 sq. ft.
4'
If property abuts
tenant
R -1, R -2, R -3
identification
Zone Districts on
monument signs
two sides then
are permitted.
only monument
Only (1) sign
signs are
permitted per
allowed.
tenant, cannot
Freestanding
have monument
signs are not
sign and wall
permitted in this
sign (see
scenario
additional
requirements)
Window
--
20% of area
B
B
Signs
of window to
which affixed*
Notes:
* The combined total sign area of the wall sign and window sign(s) displayed to a
street shall not exceed 2 times the square root of the property =s frontage on that
street.
(a) Signs shall be illuminated solely by stationary, shielded light sources
directed at the sign or by internal light sources producing not more than 1 foot -
candle of illumination at a distance of 4 feet from the sign.
(b) No sign with visible moving or flashing animated or intermittent illumination
shall be erected unless approved as a Use by Review.
.qFrTIr)N 19
Subsection (3) of Section 2, of Chapter 13, Title XVII of the Pueblo Municipal Code is
hereby amended to read as follows:
(3) Emergency standby engines and emergency generators may be permitted as an accessory
use by review in an R -5, R -6, RCN 0-1, CCN B -1, B -2, S -2 or S -3 zone district in accordance with
the provisions of Section 17 -5 -33 of this Title.
.q FrTInN 1�
This Ordinance shall become effective upon passage.
BY Randy Thurston
Councilperson
APPROVED' a
r*? r7Q1n1#k1Tf%fi'i+
y Council
ATTESTED BY:
CITY CLERK
INTRODUCED Auaust 27. 2007
PASSED AND APPROVED: September 10, 2007
M a 0 W I
I amm =� t - � , I
EML
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 1 (p
DATE: AUGUST 27, 2007
DEPARTMENT: COMMUNITY DEVELOPMENT /JERRY M. PACHECO
TITLE
AN ORDINANCE AMENDING
PUEBLO MUNICIPAL CODE
NEIGHBORHOOD DISTRICT
NEIGHBORHOOD DISTRIC T
PROVIDING PENALTIES FOR
ISSUE
CHAPTERS 4, 10, AND 13 OF TITLE XVII OF THE
RELATING TO A NEW RESIDENTIAL CHARTER
(RCN) AND A NEW COMMERCIAL CHARTER
(CCN) AND STANDARDS THEREFORE, AND
THE VIOLATION THEREOF
Should the City Council amend Chapters 4, 10, and 13 of Title XVII to establish new Residential
Charter and Commercial Charter Neighborhood Districts?
RECOMMENDATION
The Planning and Zoning Commission, at their August 8, 2007 Regular Meeting, voted 5 -0 to
recommend approval.
BACKGROUND
The proposed text amendment establishes two new base zone districts, designed to facilitate
traditional neighborhood development and stimulate the redevelopment of the city's oldest inner
core neighborhoods, sometimes referred to as Charter Neighborhoods, while meeting modern
needs and standards. These developed neighborhoods have a traditional neighborhood pattern
with a diversity of affordable housing types on a variety of lot sizes with small lots predominating.
There are tree -lined streets with detached sidewalks, alleys, neighborhood parks, and a mixture of
uses within the residential fabric. The neighborhoods historically functioned at a pedestrian scale,
with most residences, public amenities, and neighborhood goods and services accessible with little
dependence on an automobile. There are some non - residential uses that present actual or
potential compatibility problems. The standards of this district are intended to maintain and
enhance these and other such desirable neighborhood characteristics and resolve questions of the
compatibility of adjacent uses.
FINANCIAL IMPACT
None