HomeMy WebLinkAbout08149ORDINANCE NO. 8149
AN ORDINANCE AMENDING SECTION 44 OF CHAPTER
4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE
RELATING TO PARKING VARIANCES IN THE HISTORIC
BUSINESS ZONE DISTRICT AND PROVIDING
PENALTIES FOR VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets
indicate matter being deleted; underscoring indicates matter added.)
SECTION 1.
Section 17 -4 -44 of Chapter 4, Title XVII of the Pueblo Municipal Code, as
amended, is hereby modified by the amendment of subsection (a)(2) thereof to read as
follows:
Sec. 17 -4-44 Off - street parking general requirements.
(a) Variances.
(2) [If a building in an historic business zone district is damaged by fire or other
casualty and the owner wishes to rebuild or replace such building within one (1) year of
such fire or other casualty, t]The Zoning Board of Appeals may grant a variance up to
one hundred percent (100 %) of the off - street parking requirements for any building in
the Historic Business Zone District [applicable to such building. If an addition,
excluding a basement, is made to such building, all off - street parking requirements shall
only apply to the addition. For purposes of this Section, addition means any increase in
gross floor area]. In granting the variance, the Zoning Board of Appeals shall only
grant the minimum amount of variance necessary and the applicant must
demonstrate that legal off - street parking spaces cannot otherwise be provided.
SECTION 2.
This Ordinance, and the amendments made herein to Title XVII of the Pueblo
Municipal Code, shall be subject to administration and enforcement in accordance with
Chapter 5 and 7 of the Title XVII, Pueblo Municipal Code, as amended. Any person
who violates any provision of this Ordinance or the amendments made herein to Title
XVII of the Pueblo Municipal Code shall be guilty of a municipal offense and subject to
the punishment and all other remedies as provided in Chapter 7 of Title XVII of the
Pueblo Municipal Code, as amended.
SECTION 3.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: February 8. 2010
BY: Judy Weaver
COUNCILPERSON
APPROVED:
RESIDENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
PASSED AND APPROVED: February 22, 2010
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE AMENDING SECTION 44 OF CHAPTER 4 OF TITLE XVII OF THE
PUEBLO MUNICIPAL CODE RELATING TO PARKING VARIANCES IN THE
HISTORIC BUSINESS ZONE DISTRICT AND PROVIDING PENALTIES FOR
VIOLATION THEREOF
ISSUE
Should the City Council amend Chapter 4 of Title XVII of the Pueblo Municipal Code
relating to parking variances in the Historic Business Zone District?
The Planning and Zoning Commission, at their January 13, 2010 Regular Meeting,
voted 7 -0 to recommend approval.
BACKGROUND
The proposed Ordinance will allow the Zoning Board of Appeals to grant up to a 100%
variance from the parking ordinances for all construction in the Historic Business Zone
District. Currently the Ordinance allows a structure in the Historic Business Zone
District, which has been damaged or destroyed, to receive a 100% variance if the
structure is rebuilt within one (1) year of the date of destruction. Otherwise, all other
construction or additions in the HB Zone District must comply with the parking
requirements or be given a variance of up to 50% of the requirements through the
Zoning Board or Appeals.
The proposed Ordinance will modify this section to allow all new construction and
additions in the HB Zone District to get a 100% variance, whether or not the building
was damaged or destroyed. In addition, the proposed Ordinance stipulates that a 100%
variance is only permitted if the applicant can demonstrate that legal off - street parking
spaces cannot be provided.
FINANCIAL IMPACT
None.