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City Clerk's Office Item # S5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 14, 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 SECTION ONE OF CHAPTER TWO OF
TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO
DEFINITIONS AND SECTION TWENTY-NINE OF CHAPTER FOUR OF
TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO
SPECIAL AREA PLANS
SUMMARY:
Attached for consideration is a text amendment that will update section 1 of Chapter 2 of
Title XVII of the Pueblo Municipal Code relating to definitions and section 29 of chapter
4 of Title XVII of the Pueblo Municipal Code relating to special area plans.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The proposed text amendment is intended to accomplish two distinct actions. The first
action of this text amendment is to remove reference to how many unrelated persons
in
Section 17-2-1 of zoning code. This text amendment will defer to the International
Building Code safety standards to determine how many persons can safely live together
regardless of the familial relationships between those living in a household. The City has
not enforced the existing code restriction of no more than three unrelated persons living
together since the passing of House Bill 24-1007, which prohibits local governments from
limiting residential occupancy based on the familial relationships of those living together.
The second action of the proposed amendment is to remove mention of a seventy-five-
dollar review fee for Special Area Plans in Section 17-4-29 of the PMC and instead allow
the review fee amount to be set by resolution. Since the fee amount is codified, the
seventy-five-dollar fee has not been raised since it was initially established in the 1950s,
so it has not been increased gradually over time with inflation like other City fees. By
striking the text that references a specific amount, the Planning Department can establish
the Special Area Plan review fee by resolution in an amount comparable to other
application types that require similar amount of staff labor to review.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their August 13, 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, Title XVII of the Pueblo Municipal Code
will not be amended to reflect current City Engineering and traffic standards.
RECOMMENDATION:
Approve the proposed Ordinance.
ATTACHMENTS:
1. TA-25-03 Attachments
ORDINANCE NO.11053
AN ORDINANCE AMENDING SECTION ONE OF CHAPTER TWO
OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING
TO DEFINITIONS AND SECTION TWENTY-NINE OF CHAPTER
FOUR OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE
RELATING TO SPECIAL AREA PLANS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
(brackets indicate matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 17-2-1 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 17-2-1. Definitions.
For the purpose of this Title, certain terms or words used herein shall be interpreted as follows:
. . .
(21) Family means one (1) or more persons who may or may not have familial relationships living
together in numbers allowed by both the International Building Code and International Fire Code
or equivalent as adopted and amended by the City as a separate, independent housekeeping
unit. \[, all related by blood, adoption or marriage, or in the alternative, a group of not more than
three (3) unrelated persons living together as a separate, independent housekeeping unit.
Domestic servants employed on the premises may be housed on the premises without being
counted as part of a family.\]
. . .
SECTION 2.
Section 17-4-29 of the Pueblo Municipal Code is hereby amended to read as follows:
(15) The applicant seeking review of a Special Area Plan by the Planning and Zoning Commission
shall deposit with the Finance Department a nonrefundable application fee as adopted by
resolution. \[of seventy-five dollars ($75.00) before any action is taken. Upon payment of an
additional nonrefundable fee of seventy-five dollars ($75.00), the City Council shall consider the
Special Area Plan application at a public hearing.\]
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of the Ordinance to implement the polices and procedures described herein.
SECTION 4.
This Ordinance shall become effective immediately 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 September 22, 2025.
Final adoption of Ordinance by City Council on October 14, 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 _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk