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HomeMy WebLinkAbout08150ORDINANCE NO. 8150 AN ORDINANCE AMENDING SECTION 4 OF CHAPTER 3 AND SECTIONS 7 AND 44 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO NONCONFORMING STRUCTURES 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 -3 -4 of Chapter 3, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of subsection (2) thereof to read as follows: Sec. 17 -3-4 Nonconforming structures. (2) Should such nonconforming structure or nonconforming portion of a structure be damaged or destroyed by any means, it shall not be reconstructed except in conformity with the provisions of this Title unless it is repaired or reconstructed with the approval of the Administrative Official. Administrative Official approval shall or reconstruction snau commence witnin twelve i - izi morons of the Administrative approval and be completed within eighteen (18) months of such approval. [within six (6) months from the date of damage or destruction. Repair or reconstruction must first receive written approval from the Administrative Official upon evidence presented verifying the exact dimensions, including height of the structure, before its damage or destruction.] Written approval from the Administrative Official incivaing neignt of the structure, petore its damage or destruction. Noncompiying dimensional characteristics [or parking requirements] shall not be increased beyond what existed before the damage to or destruction of the structure. Repairing or rebuilding a nonconforming structure shall require full compliance with all applicable building codes, off - street parking and landscaping requirements in effect at the time of reconstruction however, the Zoning Board of Appeals may grant a variance up to 100% of the off - street parking and landscaping. In granting the variance, the Zoning Board of Appeals shall only grant the minimum amount of variance necessary and the applicant must demonstrate that landscaping and parking is appncapie to the repuuaing of the non - conforming structure ana any future construction or addition shall require full compliance with all applicable requirements. SECTION 2. Section 17 -4 -7 of Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of subsection (b)(9)a. thereof to read as follows: Sec. 17 -4-7. Landscape Performance Standard. (9) Appeal Procedures; Variances. a. In the event these landscaping requirements do not appear reasonable when applied to a specific use or combination of uses, the applicant may apply to the Zoning Board of Appeals for a variance, but unless otherwise permitted, the variance may not reduce the required amount of landscaping by more than fifty percent (50 %). SECTION 3. 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)(1) thereof to read as follows: Sec. 17 -4-44. Off - street parking general requirements. (a) Variances. (1) In the event these off - street parking requirements do not appear reasonable when applied to a specific use or combination of uses, the City Traffic Engineer or the applicant may apply to the Zoning Board of Appeals for a variance, but unless otherwise permitted, the variance may not reduce or increase the required number of spaces by more than fifty percent (50 %). The Zoning Board of Appeals may grant a variance to the minimum parking requirements if the applicant can demonstrate that the new construction will not generate additional parking or traffic demands, or increase the rated occupancy load. SECTION 4. 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 5. 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 4 OF CHAPTER 3 AND SECTIONS 7 AND 44 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO NONCONFORMING STRUCTURES AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should the City Council amend Chapters 3 and 4 of Title XVII of the Pueblo Municipal Code relating generally to nonconforming structures? The Planning and Zoning Commission, at their January 13, 2010 Regular Meeting, voted 7 -0 to recommend approval. BACKGROUND The proposed Ordinance will extend the time frame in which a non - conforming structure must be built, it eliminates a contradiction in Section 17 -3 -4 Nonconforming Structures and provides a provision allowing the Zoning Board of Appeals to grant up to 100% variance from the parking and landscaping ordinances. Currently the Ordinance allows a legal non - conforming structure to be rebuilt within six (6) months of the date of destruction. The Ordinance will amend this provision to give up to one (1) year from the date of destruction to obtain administrative approval to rebuild, one (1) additional year to start rebuilding the structure and six (6) additional months to complete construction. In addition, the current Ordinance states that non - complying parking shall not be increased beyond what existed prior to the date of destruction, but the following paragraph in the Ordinance requires compliance with all parking requirements in effect at the time of reconstruction. The proposed Ordinance will amend this to remove the allowance that parking shall not be increased beyond what existed prior to the destruction in light of the final change. The final change will provide the Zoning Board of Appeals the ability to grant up to a 100% variance to parking and landscaping requirements for reconstruction of all non- conforming structures. In addition, the proposed Ordinance stipulates that a 100% variance is only permitted if the applicant can demonstrate that landscaping and legal off - street parking spaces cannot be provided. FINANCIAL IMPACT None.