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Home My WebLink About11022 City Clerk's Office Item # R1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 25, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Beritt Odom, Director Planning and Community Development SUBJECT: AN ORDINANCE AMENDING SECTIONS 17-2-2, 17-4-23, AND 17-4-51 AND ADDING SECTION 17-4-16 TO TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS SUMMARY: Attached for consideration is a Text Amendment that will amend sections 17-2-2, 17-4- 23, and 17-4-51 and adding section 17-4-16 to Title XVII of the Pueblo Municipal Code relating to accessory dwelling units. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Accessory dwelling units (ADUs) are independent residential units that are incidental and accessory to a principal residence located on the same property. In other words, ADUs contain the space and means to cook, sleep, sanitize, and otherwise live that is completely separate from the principal residence. They can either be attached, detached, or integrated into the principal residence. An attached ADU shares at least one common ADU is in a separate structure from the principal residence with its own footprint; an integrated footprint (See Exhibit A for ADU types). Staff began drafting a text amendment to permit -22-03. The 2022 Regional Comprehensive Plan, which was recommended by P&Z and approved by City Council, identified ADUs as one - generational housing options, to support infill redevelopment, and to meet the needs of current and future residents. ADUs became a time-sensitive priority for staff in response to House Bill 24-1152, which was passed by the Colorado General Assembly in 2024. The legislation requires subject jurisdictions to allow a minimum of one ADU as an accessory use to a one-family residence wherever a one-family residence is allowed. It also establishes how a subject jurisdiction may or may not restrict ADUs. Subject jurisdictions, including the City of Pueblo, must demonstrate their compliance with House Bill 24-1152 no later than June 30th, 2025. Staff worked closely with the Department of Local Affairs (DOLA) to receive a six-month extension for compliance after submitting a proposed draft and timeline for demonstrating compliance. The following aspects of the proposed text amendment are dictated by the state legislation. First, the City must create an administrative approval process to allow ADUs on any lot that contains a one-family residence. The only time the approval of an ADU can be elevated to a public hearing is if the lot is in a Historic District, on a designated historic property, or if the ADU cannot be approved as proposed without a variance. This does not inhibit the City from creating objective standards to approve the ADU administratively, which are covered below. Second, the City of Pueblo can only require the owner of a lot to demonstrate they occupy their property at the time of constructing a new ADU or converting an existing space into an ADU. Third, the City cannot limit ADUs with a gross floor area between 500-750 square feet. Fourth, the City can only require a new parking space for an ADU if the lot is located on a block where on-street parking is prohibited. (See Exhibit B for a map of where on-street parking is prohibited, hence where a new parking space would be required.) Fifth and finally, the City cannot hold ADUs to a higher design standard than one-family residences. The proposed text amendment incorporates these aspects, and DOLA provided a courtesy review of the proposed text amendment to ensure it complies with state legislation. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their June 11, 2025, Regular Meeting, voted 7-0, to recommend approval. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing by publication of the proposed amendment fifteen (15) days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Ordinance, sections 17-2-2 and 17-4-51 of Title XVII of the Pueblo Municipal Code will remain and section 17-4-16 relating to ADUs will not be incorporated into Title XVII and the City would not be in compliance with House Bill 24-1152. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. TA-22-03 Attachments 2. ADU Ordinance Only - FINAL ORDINANCE NO. 11022 AN ORDINANCE AMENDING SECTIONS 17-2-2, 17-4-23, AND 17-4-51 AND ADDING SECTION 17-4-16 TO TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 17-2-2 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-2-2. Use Definitions (0.5) Accessory dwelling unit, established means \[a separate, complete independent housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities. This must be detached from an existing single-family structure\] an attached, detached, or integrated accessory dwelling unit that was \[used and\] occupied \[for single-family residential use before\] prior to February 1, 1968. This will allow the same accessory use to be reestablished. The discontinuance of the accessory dwelling unit will not prevent reestablishing the preexisting accessory dwelling unit. The number of dwelling units shall not be more than the same number of dwelling units that existed when the accessory dwelling use was first legally established. (128) Residence: e. \[Reserved\] Accessory Dwelling Unit means an attached, detached, or integrated dwelling unit that is incidental and accessory to a one-family residence on the same lot and provides complete and independent facilities for one or more individuals, including facilities for living, sleeping, eating, cooking, and sanitation. 1. Attached accessory dwelling unit: the accessory dwelling unit shares at least one (1) wall in common with the one-family residence on the same lot, increasing the footprint of the one-family residence. 2. Detached accessory dwelling unit: the accessory dwelling unit shares no common wall with the one-family residence on the same lot with its own footprint. 3. Integrated accessory dwelling unit: the accessory dwelling unit is contained completely within the building envelope of the one-family residence on the same lot with no increase to the footprint of the one- family residence. SECTION 2. Section 17-4-23. of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-4-23. Accessory buildings and structures. (a) General provisions. All accessory structures shall comply with the following general conditions: (7) \[No accessory structure shall allow residential occupancy except as specifically authorized under Section 17-4-51 of this chapter.\] All accessory dwelling units, including established accessory dwelling units, are exempt from the provisions of this section. SECTION 3. Section 17-4-16. of the Pueblo Municipal Code is hereby added to read as follows: Sec. 17-4-16. Accessory Dwelling Unit Development Performance Standards (a) Applicability. One accessory dwelling unit is allowed as an accessory use to a one-family residence in any zone district where a one-family residence is allowed, including in any Planned Unit Development (PUD) Districts that allow one-family residences. A one-family residence includes a detached single-family dwelling unit and a manufactured home placed on a permanent foundation designed by a Colorado registered design professional, but excludes a two-family residence, townhouse, multi-family residence, mobile home, or recreational vehicle. (b) The following standards apply to all accessory dwelling units. (1) The owner of a lot must demonstrate occupancy of the lot when an application is submitted to construct a new accessory dwelling unit on a lot that already contains a one-family residence or to convert part of an existing one-family residence into an accessory dwelling unit. Proof of occupancy may include, but not be limited to, a computer-generated utility or medical bill, first-class mail, or bank statement that includes the subject property address and is dated within 12 months of applying to construct or convert an accessory dwelling unit. (2) The accessory dwelling unit shall not be sold separately from the one- family residence on the same lot; nor shall the lot on which the accessory dwelling unit and one-family residence are situated be further subdivided or rearranged to create individual lots for the purpose of separating ownership of the accessory dwelling unit from the ownership of the one- family residence. (3) The construction or conversion of an accessory dwelling unit or modifications to an existing accessory dwelling unit located on properties in a Historic District or on a designated or landmarked historic property shall follow design standards and procedures of that district. (4) Prefabricated homes such as manufactured homes are allowed for use as an accessory dwelling unit if placed on a permanent foundation designed by a Colorado registered design professional. (5) Mobile homes, recreational vehicles, or other structures not placed on a permanent foundation designed by a Colorado registered design professional shall be prohibited for use as an accessory dwelling unit. (6) No more than one (1) accessory dwelling unit shall be located on any lot and only in conjunction with a one-family residence. (7) The gross floor area of the accessory dwelling unit shall not exceed one hundred percent (100%) of the gross floor area of the one-family residence on the same lot or eight hundred (800) square feet, whichever is less. (8) Height. a. Attached accessory dwelling units shall comply with the maximum building height of the zone district. b. Detached accessory dwelling units shall not exceed the height of the one-family residence on the same lot. (9) Setbacks. a. Attached accessory dwelling units shall comply with the minimum rear-yard setback requirements of the zone district. b. Detached accessory dwelling units sixteen (16) feet or lower in height may be placed as close as five (5) feet to the rear property line. A detached accessory dwelling unit higher than sixteen (16) feet shall comply with the minimum rear-yard setback requirements of the zone district. c. All accessory dwelling units shall comply with the minimum front- yard and side-yard setback requirements of the zone district. (10) Parking. One (1) off-street parking space shall be provided in connection with the construction or conversion of an accessory dwelling unit if all three conditions are met: a. The lot does not have an existing off-street parking space that could be used for the accessory dwelling unit, including an existing driveway, garage, or tandem parking space; st b. The lot is in a zone district that, as of January 1, 2024, requires one or more parking spaces for the one-family residence; and c. The lot is located on a block where on-street parking is prohibited. (11) If the three conditions listed under subsection (j) are not met, but the accessory dwelling unit is located on a lot containing an existing driveway, garage, tandem parking space, or other off-street parking space at the time of construction or conversion of the accessory dwelling unit that is not designated for use by the one-family residence, one such parking space shall be designated for use by the accessory dwelling unit. (c) Design Standards. (1) Attached accessory dwelling units shall be architecturally compatible with the one-family residence on the same lot. Architectural compatibility shall mean construction using similar exterior siding materials and colors, and similar roofing materials and colors. (2) Detached accessory dwelling units shall be complimentary to the one- family residence on the same lot by using similar exterior colors and similar architectural detailing. (3) Detached accessory dwelling units shall also use a minimum of seven (7) of the following seventeen (17) design features: a. The front door of the accessory dwelling unit shall be parallel to the front lot line; b. A roof with a pitch that is 2/12 or greater; c. A hip roof; d. A flat roof with a parapet wall; e. Have masonry or other contrasting material that project from the wall plane on the building façade that is parallel to the front lot line; f. One (1) or more dormers that are parallel to the front lot line; g. Three (3) or more gables; h. Building face or roof offsets (minimum twelve-inch offset) that are parallel to the front lot line; i. Two (2) or more windows, with a combined minimum of twenty \[20\] square feet of glazed area, that are parallel to the front lot line; j. Bay or bowed windows that are parallel to the front lot line; k. Window shutters on front, side and rear windows; l. Minimum ten-inch eaves (all house eaves); m. One (1) or more of the following types of exterior siding: 1. Horizontal lap siding, including simulated horizontal lap siding; 2. Vertical siding, with a pattern repeat of less than twelve (12) inches; 3. c) Beveled siding; or 4. d) Stucco; n. A covered porch entry (minimum three-foot depth) for the front entrance. When the front entrance is not parallel to the front lot line, the porch shall be visible from the street; o. Have wood or composition trim, four inches wide, on all exterior facades; p. Have more than one (1) exterior material or contrasting color (not including trim material); or q. Have an attached pergola, balcony, or similar attached outdoor amenity. SECTION 4. Section 17-4-51 of the Pueblo Municipal Code is hereby amended to read as follows: (c) Permitted Use Table 5-S 4-S 3-S 2-S 1-S 3-I S 2-I S 1-I S 3-HARP C S S 2-HAPR C S S 1-HARP C S S B-H C S S CCN (Minor) SCC SP P P CCN (Major) SCC SP P P P-B S 4-B C SPS S 3-B C SPS S 2-B CC P S P S 1-B CC P S P S 1-O RCN SCC SP P PP 8-R CC PC P P 7-R CC PPP 6-R CC P P PP P PP 5-R CCCP P PP P PP 4-R CC P S PP P PP 3-R CC P SP P PP 2U-R CC P P P PS 2-R CC P P P PS 1-R CC P P P P 4-A Table of Uses CC P P P 3-A CC P P P 2-A CCCP P P P 1-A Zone Districts CCCP P P P 16 - 1111 4 11 --- - 444 --- 17 § USE STANDARDS § 17 § 17 § 17 2 - 2 - DEFINITION REFERENCE §17 (33)b.(72)(83)(84)(93)(94)(128)a.(128)b.(128)c.(128)d.(128) e(128)f.(128)g.(128)h. - - - work unit - family - welling nit ccessory SPECIFIC USES (DEFINITION)Child care homeHome based businessLiveManufactured home, onefamilyMobile home, oneMobile home park Residence, condominium Residence, establishedResidence, multifamily Residence, onefamily Residence, adu Residence, townhouse Residence, twofamily (duplex)Residence, watchman or caretaker USE CATEGORIESRESIDENTIAL USESHousehold Living SECTION 5. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 6. This Ordinance shall become effective thirty (30) days after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 11, 2025. Final adoption of Ordinance by City Council on August 25, 2025. President of City Council Action by the Mayor: Approved on . Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of , on Council action on _______ President of City Council ATTEST Acting City Clerk