HomeMy WebLinkAbout07796ORDINANCE NO. 7796
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII AND CHAPTER 2 OF TITLE IV OF THE
PUEBLO MUNICIPAL CODE RELATING TO CONVERSIONS INTO A RESIDENTIAL COMMON
INTEREST COMMUNITY, SUBJECTING SUCH CONVERSIONS TO SUBDIVISION AND
BUILDING CODE REQUIREMENTS AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1
Subparagraph 1 of paragraph a. of subsection (13) of Section 12 -4 -3 of Chapter 4, Title XII
of the Pueblo Municipal Code, as amended, is hereby amended to read as follows:
Sec. 12 -4 -3. Definitions.
follows:
For the purpose of this Chapter, certain terms and words are herewith defined as
(13) Subdivision:
a. The term subdivision includes:
1. The division, subdivision or resubdivision of any lot, tract or
parcel of land located wholly or partly within the corporate limits of the City
into two (2) or more lots, plats, sites, parcels, separate interests or interests
in common, or other division of land for the purpose, whether immediate or
future, of sale or development; or the use of land or the conversion of a
building or structure for [condominiums,] apartments or other multiple -
dwelling or office units unless such land, building or structure is included in
an approved subdivision and is within a zone district that authorizes the
same or greater density; provided, however, that conversion of any
building or structure into a residential common interest com- munity,
including condominiums, cooperatives and townhomes, shall
constitute a subdivision for purposes of this Chapter.
SECTION 2
Chapter 1 of Title IV of the Pueblo Municipal Code, as amended, is hereby amended by
addition of a new Section 4 -1 -27 thereto, to read as follows:
Sec. 4 -1 -27. Common interest community conversions.
Notwithstanding anything in this Title IV or in any major or secondary code
adopted in this Title by reference, the conversion of any building or structure into a
residential common interest community, including condo - miniums, cooperatives and
townhomes, shall be treated as a change of occupancy. Before any temporary or
regular certificate of occupancy for any newly converted common interest
community unit may be issued, the Building Official shall require that the building
and the converted unit be made to substantially conform to the requirements of all
major and secondary codes adopted in this Title. Additionally, before a certificate of
occupancy may be issued, the building and each unit shall each be inspected by the
Fire Chief or by a member of the Division of Fire Prevention of the Fire Department
and be determined to substantially comply with the Fire Code.
SECTION 3_
Council finds and determines that the provisions of this Ordinance are necessary for the
public health, welfare and safety. Specifically, Council finds that the conversion of older apartment
buildings and hotels in the City presents greater risk to the public when units in such buildings are
converted and sold into common interest community units, such as individual condominium
ownerships, without being made to comply with modern building codes. Changes to such codes
have been made to account for changes in lifestyles that have occurred over time which place
greater demands upon buildings, especially electrical systems and fire protection devices. Council
also recognizes that older buildings may contain systems which, due to age, lack of maintenance,
or simply normal wear and tear, present additional hazards to the public which should be detected,
repaired and otherwise brought to code. Also, Council notes that buyers of condominium
conversion units see new paint and appliances and assume or are led to believe that the units are
like "new" and comply with current codes; the requirements of this Ordinance are thus needed both
to enhance public safety and so that the public's expectations are reasonably met. This Ordinance
is a reasonable regulation designed to address all of the foregoing concerns, and subjects
condominium conversions of older apartment buildings and hotels to the same standards which
apply to conversion of warehouses and industrial buildings into residential condominiums.
SECTION 4
Violations of Chapter 4 of Title XII of the Pueblo Municipal Code, as amended by this
Ordinance, shall be unlawful and punishable as provided in Sections 12 -4 -4 and 1 -2 -1 of the
Pueblo Municipal Code. Violations of Chapter 1 of Title IV of the Pueblo Municipal Code, as
amended by this Ordinance, shall be unlawful and punishable as provided in Sections 4 -2 -5 and 1-
2-1 of the Pueblo Municipal Code.
SECTION 5
This Ordinance shall become effective thirty (30) days after final passage and approval.
INTRODUCED April 28, 2008
PASSED AND APPROVED: May 12, 2008
[PD3
ED
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # f' 3v
DATE: APRIL 28, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII AND CHAPTER 2 OF TITLE
IV OF THE PUEBLO MUNICIPAL CODE RELATING TO CONVERSIONS INTO A
RESIDENTIAL COMMON INTEREST COMMUNITY, SUBJECTING SUCH
CONVERSIONS TO SUBDIVISION AND BUILDING CODE REQUIREMENTS AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF
ISSUE
Should the City Council amend Chapter 4 of Title XII and Chapter 2 of Title IV of the
Pueblo Municipal Code relating to condominium conversions, subjecting such
conversion to subdivision and building code requirements and providing penalties for
the violation thereof?
RECOMMENDATION
The Planning and Zoning Commission, at their September 12, 2007 Regular Meeting,
voted 7 -0 to recommend approval.
BACKGROUND
Members of the community have voiced concerns to City staff that older, and possibly
substandard, apartment buildings within the City may be converted to condominiums
and then sold to multiple owners. If this is accomplished without the buildings and units
being brought up to code, the change of use could pose safety issues, and buyers may
be misled into believing that the units have been made code compliant. Additionally,
conversions should be reviewed to ensure that requirements for access, parking, etc.
are adequate.
FINANCIAL IMPACT
None.