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6A - Discussion on the Land Use Code Simplification Project, including new names of modular zones, cCITY OF BOULDER PLANNING BOARD AGENDA ITEM MEETING DATE: June 23, 2005 (Agenda Item Prepazation Date: June 17, 2005) AGENDA TITLE: Update and discussion on the Land Use Code Simplification Project, including new names of modulaz zones, consolidation of public notice requirements, and highlights of code reorganization. REQUESTING DEPARTMENT: Peter Pollock, Planning Director Robert Cole, Land Use Review Manager Gary Kretschmer, Code Specialist O$JECTIVE: 1. Discuss a staff update of progress on the Land Use Code Simplification (LUCS) project, including nomenclature and implementation of a modular zone system, consolidation of some zone districts, chapter reorganization, simplification of certain standards and public notice requirements, deletion of redundant standazds, and definitions and illustrations to be added. 2. Identify any questions, concerns or new issues from the Planning Board that should be added as a result of the discussion, before completion of a draft of the new code for public review. PROJECT PURPOSE: The LUCS project is intended to improve the clarity and usability of the code without significanUy altering development standards. This will be achieved primarily through reorganization, improved coordination of related requirements, elimination of redundant language, and clarification of standards. A new, modular approach to organization of zone standards will simplify the identification of zone standazds, permit easier coordination of the regulations with comprehensive plan objectives, and make it easier to update the code in the future. Implementation of the modulaz zone system will result in changed zone names and adoption of new zoning to reflect the new names. AGENDA ITEM # 6A Paee 1 BACKGROUND: A joint Planning Board/City Council study session on the LUCS action plan was held on October 26, 2004. Few concems were identified about the major code simplification concepts in the action plan. More public input was requested, however, on several proposals that would substantively change regulations. Staff held an open house for the public on these issues in January, and subsequently modified the proposals to address public comments. A follow-up meeting was held with the Uni-Hill Neighborhood Association to review the modified proposals related to: ' • conversion of non-conforming duplexes to accessory dwelling units, • additions to existing homes on non-standazd lots, • a variance process for existing pazking in the front yazd of single family homes, and • simplified amendment process for additions to existing homes in older Planned Unit Developments. The Uni-Hil] members present generally supported the revised staff proposals in these areas. They did not, however, discuss the PUD amendment issue extensively, since relatively few PUDs exist in their neighborhood. Staff also presented the major recommendations of the LUCS project to the Whittier Neighborhood Association in May. Many topics were covered, with generally positive comments. The members did not, however, take a position on the project as a whole. Some concem remained with Yhe potential for simplified amendment procedwes for single family homes in PUDs to result in undesirable impacts to neighborhood chazacter, even if a public review process is involved. Since the January open house, staff has: 1. Developed a nomenclature system for the proposed modulaz•zones, and identified new modular zone names that replace all existing zones without substantive changes to standards. 2. Consolidated and simplified the many scattered existing public notification requirements into a new chapter, which will show requirements in chart form at a glance. 3. Revised the use charts for improved organization, adjusted the charts to the modular zone system, and clarified and simplified use descriptions, especially For restaurants. 4. Identified uses and terms not currently defined in the code, and written new definitions as needed. 5. Simplified and reorganized the bulk charts into new form charts within the modular zone system. 6. Identified a comprehensive list of illustrations to be added. 7. Consolidated and simplified pazking requirements into a single location, with most requirements presented in chart form. 8. Merged the residentia] and non-residential open space standards into a single section that eliminates redundancies. 9. Reorganized the Specific Use Standazds chapter into alphabetical order, and merged the multiple descriptions of "good neighbor meeting" and "management plan" requirements to eliminate redundancy, and to enable these requirements to be more easily applied to other land uses in the future. AGENDA ITEM # 6A Paee 2 10. Reorganized and simplified the Solar Access regulations for greater clarity, and to eliminate redundancies. Staff has also been analyzing the effects of the many proposed changes to determine where redrafting of existing code language is required. The potential for unintended consequences has been analyzed, and adjustments devised to avoid them. NEXT STEPS AND SCHEDULE: City Council will hold a brief study session on the project on July 12. The same information provided to Planning Board in this packet will comprise the City Council study session packet, along with any comments provided by the Boazd. The LUCS project will then be ready to move to the final phase, including completion of a draft of the new cude for public testing review, and corrections, followed by public hearings and adoption. Staff intends to use consultant services to complete the draft code during the summer (July- mid August), immediately followed by public testing and correction. Public hearings and adoption will follow in eazly fall (mid September-October). CHAPTER BY CHAPTER OVERVIEW: Attached is an overview of the new code organization. Each proposed chapter is presented in sequence, including the tables of contents for the chapter. A bullet-point summary of significant changes is provided, followed by associated key issues. In most cases, existing code text will not be rewritten, but will be reorganized with corrected cross-references. New code text is therefore not included in the overview. However, where,new regulations, or new charts, are proposed, they have been attached. It may be useful in reading the overview to refer to the current code for context. Please note that, in most cases, the attachments provided retain the chapter and section references of the existing code, as well as references to existing zones. These references will all be changed to reflect the new code organization prior to release of the public review draft. KEY ISSUES APtD QUESTIONS FOR PLANNING BOARD: Each chapter attachment includes a bullet-point list of chapter-specific key issues. Planning Board may wish to comment on some of these issues. In addition, staff would like the board to comment on the following: 1. Does Planning Board support the proposed modular zone system and new zone district names? 2. Does the Planning Boazd support simplifying and combining the existing bulk standards for commercial and industrial districts as shown on the charts for Forms F, P, and R? 3. Are there specific changes for which the board needs further analysis? AGENDA ITEM # 6A Pase 3 Approved By: , ~ ~ i i~ ~~ C~~ Peter Pollock, Director Planning Department ATTACHMENTS: Attachment A: Overview of Chapters 9-1 through 9-12 AGENDA ITEM # 6A Pase 4 Chapter 9-1 Intent, Scope, Definitions, How to Use this Code Contents: 9-1-1 Legislative Intent 9-1-2 Scope and Application 9-1-3 Fire and Life Safety 9-1-4 Amendments and Effect of Pending Amendments 9-1-5 How to Use this Code Summary of Changes: • Substantially unchanged from current Chapter 9-1, except: • Definitions moved to back of code (new 9-15 and combined with definitions in other sections) • Financial Guarantees relocated to new 9-12 for better coordination with similar requirements • Fire and Life Safety relocated here from existing 9-3.3, as subject is related to scope of code Key Issues: • None identified New Text: • None AGENDA ITEM # 6A Paee 5 Chapter 9-2 Environmental, Historic Preservation, and Plan Overlays Contents: 9-2-1 Purpose of Overlays, Legislative Intent, How to Use the Overlays 9-2-2 Floodplain Regulation 9-2-3 Wetlands Protection 9-2-4 Airport Influence Zone 9-2-5 Solar Access 9-2-6 Historic Preservation 9-2-7 Access and Area Plans Summary of Changes: • New chapter that relocates existing, geographically-based regulations into one iocation • Includes relocation of Historic Preservation regulations from Title 10 • Adds a Iist of other separately-adopted, geographically-based plans; such as transportation network plans, area plans, and design guidelines; maps of the boundaries of each will be included. • Public notification requirements and cail-up/appeal procedures from each existing chapter are relocated to new Chapter 9-12, along with all similar requirements from other chapters. • Solar Access is reorganized to put most frequently used regulations near the beginning, and least frequently used (access permits) at the end. Solar design requirements (currently 9-8-15) for new subdivisions are proposed for deletion, in favor of the existing solar siting and construction criteria found in the Site Review Criteria and the Subdivision regulations. For many years, greenfield subdivisions of su#ficient size to effectively use the solar siting criteria have been required to complete the site review process, which has iYs own solar criteria. By-right subdivisions that might use the criteria in the Solar Access chapter have, for many years, been limited to small lots splits and re-piats that are constrained by the existing street and development pattern. The criteria in the Solar Access chapter, therefore have not been found applicable for many years, and are redundant to other regulations. Key Issues: • None identified New Text: • To be drafted AGENDA ITEM # 6A Paee 6 Chapter 9-3 Zone System and Uses of Land Contents: 9-3-1 Modular Zone System 9-3-2 Zoning Districts Established 9-3-3 Zone Map 9-3-4 Schedule of Permitted Uses 93-5 Other Permitted Uses or Restrictions Upon Land 93-6 Interpretation Summary of Changes: • New section will describe how the modular zone system (use module, formlbulk module, intensity module) is organized and used to create zone districts • New names and descriptions will be provided for mapped zone districts . • Schedule of permitted uses is reorganized into new sub-categories of use type, with uses arranged in alphabetical order in each subsection. • Some uses descriptions are revised for greater clarity, see specifically those shown in bold text, such as the several types of restaurants; "?" indicates that staff is still evaluating how a use should be allowed to maintain consistency between use categories. Key Issues: • Do the new zone district names allow easy reference to the applicable standards within the three modules of use, form/bulk, and intensity? . Do revised use descriptions, especially for restaurants, provide greater clarity? New Text: The description of the modular zone system, new section 9-3-1, is still being drafted. See attachments for: • new zone district names and conversion from existing names, and • new Use Module AGENDA ITEM # 6A Paee 7 `~ ~ m ~ ~ ~ O` ~ z m ~ I~ Eaisting Zoning Desgnahon Froposed Zomng Designation (use-f orm-i nten s ity) RR-E RR1-E R1-a-2 ' R7-b-2 ER-E ~ R1-b-3 LR-E R1-d~ MR-E R2-d-73 LR-D R2-g-6 MR-D R3-g-9 MR-X R3-j-13 M%R-E R4~d-7 MXR-D RS-k-B HR-E HR-D HR-X HZ-E HRt-X R6c-19 R6-h-15 R6-j-12 R6-c-12 M7-1-14 MU-X M2•n-24 MU-D M3-i-t8 RMS-X M4-r-18 MH MH-5 P-E Pt-5 A•E A-a-1 TB-E B1 c•21 TB-D Bt-f-15 BMS-X B2o-17 CB-E 83-f-19 CB-D B3-i-15 CS-E 84•m-28 RB•E 65-f•23 RB-D B5-f-16 R81-E Di -q-27 , R81-X D2'P-27 RB2-X D3-p-26 R63-X D]-p-25 R82-E 03-p-27 RB3-E D3-p-25 IS•E 11-(-17 IS-D 11-f•10 IG•E 12-f-22 IG-D 12-f•22 IM-E 13-f-20 IM-D 13-t-20 IMS-X 14-~-18 S~\PLAN\LUCS1Zoning Designa~ione doc USE MODULE i ~ ~ ~ x I.6~ Ip r m ~ Q ~ RR MR MR MX MX HRE HR7 MU MU RM MH TB BM CB CS RBE R81 R87 R62 IS IG IM IMS P A (existing zaiing dislncls) ER E D RE RD HRD X D S S RBD E X X LRE LRD MR HRX RB3 X HZE X R82 E R83 E (new districts-dratt R1 R2 R3 R4 R5 R6 M1 M2 M3 M4 R7 B1 B2 B3 B4 B5 D1 D2 D3 11 12 13 14 P A designatlons only Residential Uses 1. detached dwelling unils A A A A C A A A U U ' A A A ' A A A A ' U U ' U U a wi~h Mro kilchens C C • ' C • ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ~ ' C C 2 attached dwelling unils . a duplex • A A A C A A A A A ~ A A A ' A A A A G U U N U • b. live-work . . . . . . . . . . . . . . . . . . . U U U A , . . c olher ` U A A C A A A A A ' A A A ' A A A A G U U N U ` 3 accessory units: a accessory dwelhng und C C C C . . C . . . . . . . . . . . . . . . . . . b. owner's accessory unit C in (15,000 s.f. min lol size?) RR , , , , , , , , , ER , ~ ~ , , ~ , , , , , , , , 'LR 4 carelaker dwelhng umt ~ ~ ~ ~ A A A A A A 5 cooperative housing umts C C C C C C C C C C ~ ~ ~ ~ , ~ U U , ~ 6 eKciency hving units~ a. d<20% ol total G U U N U ' unils ' ' ' ' U A A M A A ' A G A ' A A A A - b. if 20°/ o( more o( total umts . . . . . U A U A A ' U U U ' U U U U U _ U _- _ U _ U _ U~ _._-_ ' __ - 7. rou uarters ' ' A A A A A A A __ A ' A _ C _-_ A • A C -_ C _ C __ U _ U • _ U __ _ A: Allowed Use C: Conditional Use - See Section for Conditional Use Slandards G: Allowed Use provided thaf it is located above or below the ground floor N: Allowed Use provided al least 50`io o( Ihe floor area is (or non-residential use; olherwise use review U: Use Review - See Section __ for Use Review cntena and Section _for supplemental standards ': Use prohibited x ~ 3 a I i6' ly I ~ `$ ~ Rlt MR MR MX MX HRE HR7 MU MU RM MH T9 BM CB CS RBE R81 RB7 RB2 IS IG IM IMS P A (exisling zoning districis) ER E D RE RD HRD X D S S RBD E X X ' LF2E LRD MR HW( RB3 X H2E X R62 E RB3 ~ a congregale carc b. custodial care - ~_. _ ____.__ , -_ • U _ - ~ U U U U U U .-_ U • U ` U ' U ' U U ' U U ' ' ' c group homes ~, C C C C C C -_ C C C ' _ C C -_.. C • C C C C ' • ' ' • • d resident~al care faahhes . . C C C C C C C C ' C C C ' C C C C • U U ' ' ' e. fraternities, soronhes, and . - dormitones ' ' ' • A A U ' ' • A G A • A ' • A • U U ` ' • (. boarding and rooming houses ' ' U U A A A U A A • A G A ' A ' ' A ' U U ' ' ' 8. Iransitional housing ' C C C C C C C C C C • C C C C C C C C C C C C C ' Agriculture and Naturel Resource Uses Open Space, grazing and pastures , , , , , , , , , , , , , . . . . . . . . . • U A crop productlon, orchards, Flower . produclion and forest land A A A A A A A A A A A ' ' ' ' ' ' ' ' ' ' ' ' A A Mining industries (revise definifion) • • • • • • • • • • • • • • • • • • • • • ~ • • ~ I~rewood operations . . . . . . . . , . . . . . . . . . . A A A . . . Greenhouse and planl nurseries (create de~nitlonf ' ' ' ' • • • ~ • • ~ • • • • • • • • q A A A A A Temporary Lodging, Dining, Entertainment and Culturel Uses _._-- . - . , . '. U _. U A A_ ._ A_ • . A A A A A _ A A A • U • A: Allowed Use C: Conditional Use - See Section lor Conditional Use Standards G: Allowed Use provided thaf it is localed above or below the ground floor N: Allowed Use provided al leasf 50% oi lhe floor area is (or nomresidential use; otherwise use review U: Use Review - See Section _ for Use Review crilena and Section _for supplemental standards ': Use prohibited ~pz N ~ ~ 3 a I~ ~~ i m `$' ar N RR MR MR MX MX HRE HR7 MU MU RM MH TB BM CB CS RBE R87 R67 RB2 IS IG IM IMS P A (ezishng zoning districls) ER E D RE RD HRD X D S S RBD E X X LRE LRD MR HRX RB3 X HZE X RB2 E RB3 E art or craR studio space under 2,000 square feet ah or crafl studio space over 2,000 ~ square feet ~ ' • • ' • U U M U U ' A A A A A A A A • • • • • • bed and breakfasLS ~ ~ ~y , , , , , U A U A A , ~ ~ ~ ~ , ~ ~ , ~ ~ ~ ~ ~ ~ wmmercial kitchens and calering ! i services - ---- i ~ : • I • • • • • • • • • • • • • U U U U U A A A A • • hoslels j ' ' ' ' ' U U U A U ' U G A ' A G G U ' - U -- - U - ' ' ' ~ ~ indoor amusement (revise i , , , . . . . . . . de~nitlon) • • U U U A U U U ' ' • • molels and hotels ' , • • • • • • • • • • U A A ' A A A U • • • • • • Museums (creale a broad definition) • • • • • • • • • • • U A A A A A A A U U U U " ' Restaurants (note: a restaurant may be subject to multiple use categories~: (create conditional use standards) Restaurants and taver~s less than 1000 aq. N. • • • • • U A A A A • A A A A A A A A C C C C U ' Restauranls and Tavems larger - - than 1000 sq. it. bul less than 1500 , , sq. k. , . + U • U A U ' U A A A A A A C C C C C • • Restaurants and lavems larger -- - - lhan 1500 sq. il. ' • • ` ' U ' U • U • U C A A A A A U • U U • • • Restauranls andtaverns having and outdoor dining area over 900 sq. ft. wilhin 500 N. of a residenlial ' • • ` • U U U U U • U U U U U U U U U U U U U • zone Reslaurants and tavems having . . . . • ~ • and ouldoor dining area over 300 U U U U U C C C C C C C C C C C C U • A: Allowed Use C: Conddional Use - See Section (or Conddional Use Standards G: Allowed Use provided thal d is located above or below the ground floor N: Allowed Use provided al leasl 50% ot lhe tloor area is tor nornresidenlial use; otherwise use review U: Use Review - See Seclion _ for Use Review criteria and Section _for supplemental standards ': Use prohibiled _ `ti ~ ~ B sr I I6 I~ m ~ a RR MR MR MX MX HRE HR1 MU MU RM MH TB BM CB CS RBE RBi R87 RB2 IS IG IM IMS P A (exisling zoning disinds) Ek! E D RE RD HRD X D S S RBD E X X LF:E LRD MR HRX RB3 X HZE X R82 E R83 E sq. it. not within 500 R. of a residenlial zone - --- ------- Reslauranls, tavems, or an -- -- -- outdoor dining area thal closes , , . . • U A? U A7 A? ' U U A A A A A U C C C C ' ' aker 17:00 p.m. 8mall theater for live peAonnances or rehearsal space • • • • • • ' ' ' ' ' ' U U U A U U U A A U A ' ' Temporary outdoor entertainment (de~ne) • • • • • • • • • • • C C C C C C C C C C C C C ' Public, Quasi-Public, ~'ducation, Socfal Servfce, and Religious Assembly Uses adult educalion facilities and vocalional schools U U U U U U U U U' U ' A G A A A U A U N/A N!A NIA NIA ? ' airpoAS and helipoAS , , , , , , , , , , , , , , , , , , , , , , , U , cemeleries, which may include mortuaries on Ihe premises ~ ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' A A day sheller • • U ' U C C U C U • C C C C C C C C C C C C U • emergency shelter U U U U U C C C C C ' C C C C C C C C C C C C U ' essenhal muniGpal and public u~ihty sernces _ __ U - -_ _ U - U U U U U U U U U A A A A A A A A A A A -A U U -_- - _ governmental facilities ____ __- - ~~ _ __ _ U .--__ U _- U _ _- U U U U U U U A A A A A A A A A A A A U ' hospilals . . . _ _ . . . . . . . . . . . . . . . . . . . . A , Home day care (de~ne) A ~A A A A A , , , , , , , , , , , , , , , , , , , A: Allowed Use C. Conditional Use - See Sec~ion for Conditional Use S~andards G: Allowed Use provided Ihat it is localed above or below the ground floor N Allowed Use provided at least 50% of the floor area is (or non-residential use; otherwise use review U: Use Review - See Section _(or Use Rewew criteria and Section _for supplemental standards ': Use prohibiled RF MR MR MX MX HRE HR1 MU MU RM MH TB BM CB CS RBE R81 R81 RB2 IS IG IM IMS P A (exisling zoning disiricis) ER E D RE RD HRD X D S S RBD E X X LRE LRD MR HRX R63 X HZE X RB2 E R63 E Small day care cenler P A A A A A A A A ~ A A A A A A A A A A U U U U U U day care cenler wdh more Ihan 50 -- --- -- ---" chddren U U U U U U U U U U ' A U A A A U A A U U U U U U ~ day care cenlers with 50 chddren or - --- -- less U U C U U C C A U U U A U A A A U A A U U U U U U moAUaries and funeral chapels , , . . , . . . . • • U U U U U ' U ' • ' ' N/A N/A non-profit membership clubs , , . . . . . . . . • U G A A A A A A ' • • • 7 • private elementary, junior, and senior high schools U U U U U A U U U U ' A G A A A U A U NlA NIP NIA N/A ' ' public elemenlary, junior, and senior high schools A A A A A A A A A A A A A A A A A A A A A A A A ' public colleges and universilies A A A A q A A A A A A A A A A A A A A A A A A A • Private colleges and universities (de~nifion neededT) , , , , , , , ~ ~ ~ ~ ' U ' A ' A • U U ' U U ' A ' public and privale non-profil uses -- -- - providmg a communily service , , , , , (dehne) U U U U U U U U U U U U U U U U U U U • overnight sheller , , U , U C C U C U ~ C C C C C C C C C C C C U ' religious assemblies C C C C U C C A U U ' A A A A A A A A ' ' ' ' • • vocalional schools, Irade schools, and adult educational factldies wdh ~ 20,000 square Feet or more o( (loor U U U U U U U U U U ' A G A A A U A U U U U U ? ? area - ---- ~---- ------ - --- - -- - - vocational schools, trade schools, - - -- - - - - - --- - - - - - -- - and adull edurational faciltlies wdh less than 20,000 square feet of floor U U U U U U U U U U ' A G A A A U A U A A A A ? ? area A: Allowed Use C: Conditional Use - See SecUon for Conditional Use Standards G: Allowed Use prowded thal it is located above or below Ihe ground Ooor N: Allowed Use provided at least 50% of the floor area is for non-residenlial use; otherwise use review U: Use Review - See Section _(or Use Review criteria and Section _for supplemenlal standards ': Use prohibiled ~ ~ ~ ~ I~ ~ va N RR MR MR MX MX HRE HR1 MU MU RM MH TB BM CB CS RBE R81 R87 R82 IS IG IM IMS P A (existing zoning disiricts) ER E D RE RD HRD X D S S RBD E X X LRE LRD MR HRX RB3 X HZE X RB2 E RB3 E Office, Medical and Financial Uses data processing tacihhes . . . . . . . . . . ~ A G A C A G A A ' A A A ' ' financial instiWtions, mcluding, withoul limilation, banks, loan oKces~, . . . . . • M M M M ' U A A A A A A A ' ' ' ' ' ' and automatic feller machines Home Occupatlon C C C C C C C C C C C C C C ' C C C C • ' • • • • medical oRices and Ginics on lots contiguous to a hospilal (create , , , , , , , , , , , , A A ' ' ' ' ' ' ' ' ' U ' new definifion) , medical or dental clinics or oHices oi addiclion recovery faGlihes • U U U ' U U M U U ' A A A C A G A A N/A NIA N/A N/A N/A ' Medical and dental taboratories , . , . . • M M M M ' A A A A A ' ' ' U A ' U U ' o~ces • U U U U U M M M M ' A A A C A G A A NIA N/A N/A NIA ' ' oKces, administralive , , ~, , , , , , , , , A A A C A G A A , A A , , , offices, professional ------- • U -- U U U U M M M M ' A A A C A G A A ' ' ' ' ' ' offices, technical: --- - . - g wdh 5,000 square (eel or less of (loor area _ • U U U U U M M M M ' A A A ' A G A A A A A A , ' -___ _-__ .. h wilh more than 5,000 square feet of floor area ' U U U U U M M M M ' A U A A A G A A ' A A A • • Parks and Recreation Uses A. Allowed Use C: Conditional Use - See Secuon for Condilional Use Standards G Allowed Use provided thal d!s located above or below fhe ground floor N: Allowed Use provided a~ least 50% o( ihe floor area is for non-residential use; othenvise use review U: Use Review - See Sec6on __ for Use Review crileria and Seciion _for supplemental standards `: Use prohibiled ~ ~ ~ A Ic ~~ aa ~ RR MR MR MX MX HRE HR1 MU MU RM MH TB BM CB CS RBE RB7 RB1 R82 IS IG IM IMS P A (existing zomng dislric~s) 12R E D RE RD HRD X D S S RBD E X X LRE LRD MR HRX RB3 X HZE X RB2 E RB3 E campgrounds . . . . . . . , . . . . . . . . . . . U U U . . U outdoor amusement and entertainment es~ablishmerils • • • • ' • • • • • • U ' U U U U U U ' ' ' ' U ' parks, playfields, piaygrounds, and golf courses operated by a public agency, neighborhood, or home A A A A A A A A A A A A A A A A A A A A A A A A A owner's associalion ~ Indoor recreahonal or athletic ~ faalilies • • • • • U U U U A ' A A A A A A A A A U U A ' ' Commercial, Retail, and Industrial Uses . animal hospital or veterinary clinic a kennel • • • • • • • • • • • U U A U A ' U A A A U • • animal kennel . , . . . . . , . , . . . . . . . . . A A U A . U9 antennae for wireless . telecommunicalions sernces ' • ' C C C C C C C • C C C C C C C C C C C C C C aulomobile parking lols and garages, and car pool lo4s, as a principal use U U U U U U U U U U U U U A U U ' U U U U U U U ' broadcasting and recording facililies . U U U U U U M M M ' A G A A A A A A A A A A ' ' building and landscaping contraclors . . . . . . . . . . . . . . . . . . . . . A A A A Relai~ sales o( building malerials ~ and suppl~es wilh less ihan 75,000 . . . . . . . . . . . . . . . U . , . A A A A . . square feet o( floor area (de~ne) Retail sales of building materials and supplies with more Ihan 15,000 . . . . . . . . . . . . . U . U . , . U U u U . . square feel oi Iloor area A: Allowed Use C: Conditional Use - See Seclion for Conddional Use Standards G: Allowed Use provided thal it is located above or below the ground floor N: Allowed Use provided at Ieas150°% of the (loor area is for non-residential use; olherwise use review U: Use Review - See Section _ for Use Review critena and Section _Ior supplemental standards ': Use prohibiled , ~ ~ r ~~ I' I ~ `$ ~ ~ RR MR MR MX MX HRE HR7 MU MU RM MH TB BM CB CS RBE RBt RB1 RB2 IS IG IM IMS P A (exishng zoning districts) ER E D RE RD HRD X D S S RBD E X X LRE LRD MR HRJC RB3 X HZE X R82 E RB3 E business service uses witli less Ihan 10,000 square feel of tlour area , , , , , , , . . . + . . . . . • • ' ' (re~ne de~nitionJ , A U U A business serv~ce uses wilh 10,000 ~ square feel or more o( floor area • • • • • ' • • • ' ` • ' ' • • • • • U U U U ' ' cleaning and laundry plants , , , , , , , , , , , , , , , , - - -- , , , , A A A A , cold storage lockers . . . . . . . . . . . . . . U U U U U A A A A . . Commercial services such as, appliance repair, electromcs repair, computer repair, turnilure " ' • • • • ' ~ • • • • • U A U U U U A U ' A ' ' repalr (define) compuler design and development facilities ~ ' • • ' ' • • • • • • A G A C A G A A ' A A A ' ' drive-thru uses . . . . . . . . . . . . . U U U ' U U . . . . . . equipmenl and lool storage, repav, and renlal eslablishments ' • • • • • • • • • • • • U A U U U U A A A A ' ' Retail Sales: (define) ConveNeoce retail sales less than ~~ 2000 sq. tl. wilh gasoline sales (define & create conditional use ` • • • • U U U ' ' ' U U C C C ' U C C C • U ' • slandards) Convenience retail sales less ihan 2000 sq. k. wilhoul gasolme sales U U U U • U A A • A • U A A A A A A A • ' ' ' • • Convenience retail sales larger than 2000 sq. ft. wilh gasoline . . . . sales . U • • ' ' • U U C C C ' U U U U ' U • ' Convenience retail sales larger than 2000 sq. R. without gasoline . . . . • sales U M ' M M • U U A A A A A A • U ' u • • Relail Sales less thao 5000 ~ ft. __ _ ' ` • • • • ' U U • ' ' A A A A A A • ' • ' ' A: Allowed Use C: Conditional Use - See Section for Conddional Use Standards G: Allowed Use provided Ihat d is localed above or below the ground floor N: Allowed Use provided al least 50°/~ of the floor area is (or non-residential use; otherwise use review U: Use Review - See Section _ for Use Review criteria and Section _for supplemental standards ': Use probibited RR MR MR MX MX HRE HR1 MU MU RM MH TB BM CB CS RBE RB7 RB7 RB2 IS IG IM IMS P A (exishng zoning dislricts) E;2 E D RE RD HRD X D S 3 RB~ E X X LRE LRD MR HRX RB3 X HZE X R82 E R83 E Retail sales larger than 5000 sq N. , , , , , , , . . . . . p q A A A A A ' • ' ' ' ' Retail sales larger than 20,000 sq. (t. • • • • • • • • • • • • U U A A A A U • • • • • ' Accessory retafl sales (de~ne) , . . • • U A A A M ' A A A A A A A A A A A A A ' gasohne sernce slalions , . . . . . . . . • ~ U U C C C ' U C C C ' U ' ' large recycling collection facililies , , , , . . . . . . . . • U U U ' ' ' U U U U U ' lumber yards , , , , , , , , , , , , , , . . . . . A A . . . manufacturing uses exceeding 15,000 square feet ~n floor area ' ' ' " ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' U A A A ' ' manufacluring uses not exceeding 15,000 square feel in Ooor area ' ' ' ' ' ' ' ' ' ' ' ' ~ ' A ' ' ' ' A A A A • ' manufacluring uses with potential off- site impacls • • • • • • • , • • • • • • • • • • • • U U • • • Neighborhood services (revlse conditlonal use • U U ' ' U U ' ' ' ' ' ' ' ' ' ' ' ' ' ~ ' ' ' ' standards7) outdoor storage as a principal use , , , , , , , , , , , , , . , . + • • A U ~ A ' ' ' Outdoor storege of inerchandise (define) ' ' ' ' ' ' ' ' ' ' ' ' ' C • C ' ' ' C C C C • ' personal service uses (revise definition) ' U U U ' U A A A A U A A A A A A A A ' ' ' ' ' ' prinlers and binden ----- - - . . . . . . . . . . . . . . . . A A A A • • recycling centers -- -- - - - . . . . . . . . . . . . . . . . . . U U U U . . recydmg p~ocessing facilihes (revise definition to include tomposfing) . . . . . . . . . . . . . . . . . . U U U . U . A Allowed Use C: Conditional Use - See Section tor Conditional Use Standards G: Allowed Use provided that d is localed above or below the ground floor N: Allowed Use prowded at least 50% o( the floor area is (or non-residential use; otherwise use review U: Use Review - See Secdon __ (or Use Review critena and Section _for supplemenlal standards ': Use prohibited ~ ~ ~ 3 r ~ ~ I9 ro ~ r ~~ ~ RP. MR MR MX MX HRE HR1 MU MU RM MH TB BM CB CS RBE RB7 RB7 RB2 IS IG IM IMS P A (exishng zoning districls) EF' E D RE RD HRD X D S S RBD E X X LFE LRD MR HRX RB3 X HZE % RB2 E RB3 E sales from a moveable struaure, vacant lo~ or parking lo~ , , , , , , , , , , , C C C C C C C C C? C? C~ C? , , (de~ne) Sales of vehicles (revlse de(nition 6 create , , , , , , , , , , , , conditional use standardsJ , , , , , U A U A A , , , Sales of vehicles within 500 feet of a residential use district • • • • • ' • ' • • • ~ • U C~ U? ' " ' C C ' • • • sel4service slorage facililies --- - . . . . . . . , . . . . . . . . . . . . . . . A U Service of Vehlcles wilh no ouldoor storege ~de~ne 6 create conditional use ' • • • ' • • ' • • • • U U A U • ' ' A A A A ' ' standards) . service of vehicles with limited outdoor storage. ' ' ' ' ' ' ' ' ' ' ' ' ' U U U ' ' ' A A ' A ' ' small recycling colledion lacilities , , , , , , , , , , , , C C C U U U U C C C C C , telecommunications use ' , ' ' ' ' ' ' ' ' ' A G A C A G A A ' A A A ' , warehouse or dislribuhons facilities - -A- ~ , , , , , , , , . . . . . . , , , , A A ~ A , , wholesale business , -- - - , , , , , . . . . . . . . . . . . . A A A A ' , S:\PLAN\LUCS\use charts rev 5-31-05.doc A: Allowed Use C: Conditional Use - See Secl~on for Conddional Use Standards G: Allowed Use provided lhal it is located above or below the ground floor N: Allowed Use provided al least 50% o( the floor area is for non-residenlial use; otherwise use review U: Use Review - See Section _(oi Use Review criteria and Section _for supplemental standards ': Use prohibited Chapter 9-4 Specific Use Standards Contents: 9-4-1 Purpose and Scope 9-4-2 Application Requirements for Conditional Use Review 9-4-3 Conditional Use Standards, Criteria, Review and Expiration 9-4-4 Accessory Dwelling Units (note: includes ADU, OAU and conversion of existing non-conforming duplex to accessory dwelling unit) 9-4-5 Antennae for Wireless Telecommunications Services 9-4-6 Automobile Parking Garages 9-4-7 Bed and Breakfasts 9-4-8 Cooperative Housing Units 9-4-9 Detached Dwelling Units with Two Kitchens 9-4-10 Drive-in Uses 9-4-11 Gasoline Service Stations 9-4-12 Group Home Facilities 9-4-13 Home Occupations 9-4-14 Housing Types within the MXR-D District (note: zone name to be changed) 9-4-15 Large Day Care Centers for 50 Children or Less 9-4-16 Manufacturing Uses 9-4-17 Neighborhood Service Centers 9-4-18 Offices, Computer Design and Development, Data Processing, Telecommunications, Medical or Dental C~inics and Offices, or Addiction Recovery Faciiities in the Service Commercial Zoning Districts 9-4-19 Recycling Facilities 9-4-20 Religious Assemblies 9-4-21 Residential Care, Custodial Care, and Congregate Care Facilities 9-4-22 Residential Development in Industrial Zoning Districts 9-4-23 Restaurants and Taverns (note: inciudes industrial districts 9-4-24 Sales or Rental of Motor Vehicles, Mobile Homes, Campers, Boats, Motorized Equipment, Including Incidental Accessories for Such Vehicles, on Lots Located Five Hundred Feet or Less from a Residential Zoning District, but Excluding Junk Yards 9-4-25 Selling from Movable Structures, Vacant Lot, or Parking Lot 9-4-26 Shelters (note: includes day, emergency, and overnight) 9-4-27 Temporary Outdoor Entertainment 9-4-28 Transitional Housing Summary of Changes: • Similar types of uses are consolidated for simplification and to eliminate repetition of requirements; for example, currently separate sections for Accessory Dwelling Units and Owner's Accessory Units are combined into one main section of common requirements, with subsections for other requirements unique to each; similar consolidation provided for day, emergency and overnight shelters, and ali types restaurants and taverns • A new type of accessory unit is added to allow conversion of existing non-conforming duplexes to a conforming accessory unit. • Requirements for "good neighbor meeting" and "management plans" including the public notice requirements for them, are relocated to the new chapter 9-12, where they are coordinated with other public process requirements. This will make easier to apply such requirements to other land uses in the future when desired, without rewriting the standards each time. • Neighborhood Centers are renamed to Neighborhood Service Centers to better reflect the type uses allowed • Uses are re-arranged in alphabetical order AGENDA ITEM # 6A Paee 20 Keylssues: • Is creation of new accessory dwelling unit type for conversion of non-conforming duplexes a desirable addition? • Is the merger of "good neighbor meetings" and "management plan" requirements and thev relocation to the process requirements chapter a desirable change? • Should religious assemblies be removed from the specific use standards, since the standards already reflect the by-right bulk standards? New Text: See attachment for • Conversion of•non-conforming duplexes to accessory dwelling units AGENDA ITEM # 6A Paee 21 Conversion of Non-conforming dwellings to Restricted Accessory Units 93.4-31 Restricted Accessory Dwelling Units A duplex or two detached dwelling units located on the same lot and within the R1 use district may be converted to a restricted accessory dwelling units. A restricted dweliing unit may be modified and expanded without requiring a non-conforming review. Conversion to a restricted dweiling unit is subject to compliance with all of the following standards: (a) Owner Occuoied: The owner of the property must reside in one of the dwelling units. (b) Occupancv: The occupancy of the restricted accessory unit does not exceed two persons. The occupancy of the owner occupied dwelling unit does not exceed the occupancy requirements set forth in Section 9-3.2-8, "Occupancy of Units," B.R.C. 1981, far one dwelling unit. ~ (c) Applicabilitv: This section is only applicable to dwelling units that:legally existed, were actively used as multiple dwelling units, and had a valid rental license on January 1, 2005. (d) ~ansion Limitation: The cumulative total of any expansion shall not ex~eed twenty percent of the total floor area that was documented at the3ime of the initial expansion. Any~expansion of the restricted accessory unit shall not exceed ten~percent. In no~ease shall any expansion cause the cumulative size of the restricted dwelling units to exceed the maximum allowable floor area ratio of the underlying zoning district as set forth in Section (e) Parkina: The minimum number of oh=street parking spaces shall not be less than three spaces. All parking shall comply with the design and access requirements set forth in Section _. A minimum of one off-street parking space shall be auailable for~ use by the restricted accessory dwelling unit. (f) Application: All appiioants shalLapply on Porms provided by the city manager showing how and in what manner the criteria of subsection (a) through (e) of this section are met, provide a statement of current ow~ership and a legal: description of the property, pay the application fee prescribed by Seclion 4-20-43, "Developmerrt Application Fees," B.R.C. 1981 and submit plan as may be required by the city:manager. (g) DeGaration of Use: The property owner shall sign a declaration of use, which will be recorded with the Boulder County Clerk and Recorder, acknowledging that the restricted accessory units are no longer a non-conforining use, that the non-conforming dwelling units have been forever abandoned, and lists~all the conilitions for the continued use as restricted accessory units. The Declaration of Use shall put the owner, the owner's heirs, or any successors in interest of the property of the continuing obligations associated with the approval. Agenda ltem ri_G A~--- Page # tz-- Chapter 9-5 Form, Bulk and Intensity Standards Contents: 9-5-1 Schedule of Form and Bulk Requirements 9-5-2 Schedule of Intensity Standards 9-53 Supplemental Requirements: Building Height Building Height, Appurtenances Building Height, Conditional Density and Occupancy (note: includes existing sections for Group Residences, Efficiency Living Units, Density Bonuses in MXR-D Zone, and Density in the HZ-E and HR-X Zones) Floor Area Ratio Requirements Mobile Home Park Bulk Requirements Setback Standards Two Attached Dwellings on a Single Lot Summary of Changes: • Existing bulk standards charts are renamed to emphasize "form" concepts found in several existing zones • Form/bulk chart standards are grouped according to common front yard setbacks, i.e. 25 foot front setback standards, 20 foot front setback standards, etc. • The total number of form/bulk variations is reduced to 19, versus 25 that exist in the current code. The reduction is achieved by combining many commercial and industrial categories into three form districts (see forms "f, p, r"). This simplification is possible due to minor differences in setbacks across the existing zone categories, which generally do not exist on the ground because of past variations through PUD or Site Review approvals. • Land use intensity standards, such as floor area ratios and dwelling units per acre or lot area, are relocated to a separate Intensity Module chart to reflect the third module of the new zone system. • Major street setbacks are proposed to be eliminated, as they are inconsistent with the Transportation Master Plan and no longer serve a useful purpose • Parking requirements are removed from the form/bulk charts, and relocated to new charts in the new Chapter 9-6 Access, Parking and Loading Standards • Open space standards are relocated to the new Chapter 9-7 Site Development and Urban Design Standards • Supplemental Floor Area Ratio standards are changed from the current FAR exclusions approach, to an FAR additions approach to better reflect the actual FAR that results, and reorganized into a chart • The existing Resource Conservation - Greenpoints Section 9-3.3-24 is relocated to Title 10 to coordinate with other building code requirements Key Issues: • Will the simplification of form/buik standards, through fewer minor setback variations, create undesirable or unintended consequences? • W ill the change from FAR exclusions to FAR additions provide greater clarity? • Should the HZ-E densiry standards be simplified from the current square feet per dwelling unit calculation, to the simpler equivalent of 0.25 FAR allowed by-right, and 0.5 FAR allowed through site review? The current density and building area restrictions require a complex calculation to determine the actual number of units allowed. These existing standards are effectively equal to the FAR limits noted above, and using only the FAR would provide a simpler description of the standards. AGENDA ITEM # 6A Paee 24 New Text: See attachments for • New Schedule of Form/Bulk Standards (titled Form/Bulk Module) • New Schedule of Intensiry Standards (titled Intensity Module) • Comparison charts of FAR exclusions found in current sections 9-3.2-18 through 9-3.2-21, to an FAR additions chart ~ AGENDA ITEM # 6A Pa¢e 25 FORM MODULE (Bulk Standards) ~ TB-D, CB- ~ E, CB-D, RB1-X, (exisdng Zoning DlstrlcLs) q_E, RRt-E, HZ-E, LR-E, P~ RB-E, RB- ~R-D MR-X - RB&X' '~ RR-E, ER-E HR-E MR-E, ~ TB-E D, ISE, IS , MR-D HR-D MU-D , HR-X MXR-D HRt-X CS-E AAU-X BMS-X RB3-X R81-E IMS-X, MH-E M~_E D, IM-E, . _ RB2-E, RMS-X - . .. IM-D,IG-E, ~ RB3-E , . .. . IG-D -. . ~ (new form district ' ~ ~~ ~ ~ ~~ - draft deslBnatioqs on1Y~ a,, , b c d ~ e f g~~: h i _ ~ k ~ 1~ m ~ t1 O-'~ .` p . C~ 1' S~: , ' .. : ' . - . . -~. .._ - SETBACK AN4 SE PARqT10N REQU IREMENTS ` Princi al Buildin s 8 Uses Min. front yard landscaped setback for all principal 25 20 15 10 0 See Section buildings and uses (k.) (k) &3 2 Z Mm. front yard setback for atl covered and uncovered parking areas (ft.) D&X 25 2~ 20 20 10 2p See Zones - Sedion 9-32-2 Maximum front yard landscaped setbackfor cornerlots and sideyards n/a n/a n/a 10 n/a n/a 10 15 n/a 10 n/a adjacent a slreet X Maximum front yard landscaped setback for an n/a n/a n/a 15 n/a n/a 15 75 n/a 15 n/a interiorlot X Min. side yard landscaped 1 er 2 setback from a sireet for all k. of ~ Per 2 0(attached ' ~ ef 2 ~' ° principal buildings and uses 25 12 bldg ft. of DU s) ft of 0 for 1 arod 2n stories (k.)(c) .5 15 or 20 ??7 10 ht. 0 or 5(d) bldg ht. 1 per 2 ft. ot bldg ht. 10 12 for 3 story and 0 0 0 n/a D8X ~~~ ' ~ l ~ 0' min. above min. m ~ n, m n (detached DU's) Min. side ard setback from 15 10 5 10 0 or 12 1 er 2' of bld . 0 or 5 0 or 3 0(attached 1 er 3' 0 or 12 0 or 5 0 or 5 0 or 12 0 or 12 0 or 5 See z `~ ~ ao ~ ~~ i v "$ ~ ~ TB•D. CB- _ . , .. . - . E, CB-D, ~ ~ ~ ~281-X, - (existing Zoning DisVicls) A-E. RR1-E ~-E LR-E, P_E RB-E. RB- LR-D MR-X, ` ' . ~ ~ ~Z-X• IMS-X, • RR-E . ER-E , HR-E MR-E, TB-E D,iS-E, IS- . MR-D HR-D ~ MU-D - HR-X MXR-~ ` HR1-X CS-E MU-X . . BMSX R63X, R61-E . RMS-X. MH-E ~ MXR-E D,IM-E, . . -.. .. . : ~ R82-E, , --- . . IM-D,IG-E, ~ RB3-E - ~ IG-D (new form dist~ict r :.. ~ " a b c d e f 9 h i J - k I m n o. . p A ~' .~_ s -drak deaignadons only~ . ,- , _ ,. .. ° *~ an interior lot line for all hl. 5' min. (d) (MRX) DU's) of bldg. Section principal buildings and u5es 1 per 1 per 2' of ht. &3.3-2 (h~) 3' of bldg. ht. 5' S' min. bldg. min. hL 5' (detached min. DU's) HRX Min. mterior side yard setback for a second story addition lhat aligns wdh the existing exterior wall of the lower story of a principat building on a non-slandard lot (see appendix # _) (note: this provision is not ~~a n/a n/a n/a Na n/a n/a apphcable to a building subject lo an approved side yard setback variance) Intenor sideyard (ft.p 10 5 Minimum total for both sideyards (ft ): ZO 10 Min. total for both side yard 40 25 20 15 20 Na n/a n/a n/a n/a n/a n/a n/a n/a n/a setbacks Min. rear yard setback for all See pnncipal buildings and uses 25 25 20 10 15 20 15 20 15 0 15 15 10 Section (ft) (footnote n for D zones) 93.3-2 Min. separalion belween principal buildings and See accessory buildings and 6 6 6 6 6 Section belween two or more ~ 9-3.3-2 accessory buildings (k.) X8D • TB-D, ~B- . . . _ ~ - ; . . E, CB-D, ~ ° . RBt-X, ~ ~ - (ewstlng Zoning DisRrk~s) Srk s A-E. RR1-E. ~-~, LR-E, MR-E P E RB-E, RB- 0 IS- IS-E LR•D, HR-D MU-0 MR-X ~.~ . MXR D~~~-: :." HR1-X = . CS-E ~~ ; ~~ - MU-X ~~~~ BMSX RB2-X, R63X ~.- 3 R61-E ' ~~: . MH-E . RR-E ER-E HR-E , MXR-E ~~E , , D, IM-E, MR-D . HR-X . ~ . . - ,t.„_ _ . " ~ , RB2-E, "'" . ~ RM~X , ~ ~ IM-~. IGE~ ' . - . , RB3-E ~ ~'..- _ , , , . IG-D . . ' ' . ` - . ~ . - . . - - . . - . . -. ~ , ~ ~ "~= ~. . (new form district 1 d f h i k I m ~ n rm o ~ r f ~ s - dtaft de~tignaliqns only~ a ~ c e g j . - : ~ p q . . . , ~ . . ~ _ .. _ . . . . -~..„ ~ . ' , , , . Accesso Buildin s Min. front yard setback for Behind rear wall gehind rear Behind rear wall Behind rear wall Behind rear wall See all accessory buildings, 55 55 of 55 Wall of of 55 55 of 55 55 of Section structures and uses principal principal Principal principal principal 93.3-2 (k)(k)(p) D8X stmcture slmcture sUUCture structure sWclure 1 per 2 0 (attached ' 1 per2 DU s) 1 2 Min. side yard landscaped bldg h~ of 1 per 2 of ' ft of 0 for 1~' and 2n0 stones setback from a street for all 25 12 5 15???9 10 h~ 0 or 5 bldg ht. ' bldg ht. 5 bldg ht. ~~ 12 for 3'" and above 0 0 0 n/a accessory buildings and ~~ 10 min. ~0' min. uses (ft.)(c) min. (detached min. DU"s) Min. side yard setbaGc 6om an interior lo[ line tor all ~ 5 10 0 or 3(d) 0 or 3(d)7?? 0 or 3(d) 0 or 3(d) 0 or 3(d) Section accessory buildings, &3.3-2 sUuctures, and uses Min. rear yard setback for all See accessory buildings, 0 or 3(d) 0 or 3(d) 0 or 3(d) 0 or 3 0 or 3 Section structures, and uses (ft.) 9-3.3-2 Min. separation between accessory buildings and principal buildings and 6 6 6 6 ' 6 6 belween N/o or more accessory buildings (ft.) X&D BUILDING SIZE AND COVERAGE LIMITATIONS Maximum building size (sq fl.) n/a n/a 15,000 n/a n/a n/a 15,000 n/a 15,000 D&X For residentlal uses - no greater than For residenhal uses - no greater than For residential uses - no greater For residential uses For residen6al uses - no greater than coverage of the n/a?? Max cumulative covera e covera e of the nnci al buildin covere e of the rinci al bwldm than covera e of the nnci al - no reater than rinci al bwldin v ~' a ~N ~ TB-D, CB- ' ~ ' - E, CB-D. . . . - RBt-X, ~ (exisUngZonin9astricts) A- . E RR1-E, HZ-E, lR-E, MR-E P-E, RB-E,R& D IS-E Ifr ,. lR-D;. ~ ~ ~ . ~ HR-~ . MU-D ~ MR-X, MXR-D ~ HRt-X~" -~~ :- *GS•E ;~ - ~. " MU-X ." BMS-X R42-X, RH3X . . R81-E . IM3-X, .~~~ ~. MFI-E ` RR-E ER-E , HR-E , MXR-E TB'E , , p ~~E MR-D HR-X <<, ~,:~, . ~ , ~2_E . RMS-X , IM-D,IG-E, ~ . RB3-E _ ~ - IGA (new form district ~ ~ ~~ ~ ~ ~ ` ~~ s' a b c d e f g~- h i ~ j k I~~ - m ~ n o p q r x • d`aR dealgnations only~ . . - _ - o/all accessorybuildings building coverageofthe regaMless of location (9-1- principal building 3(a)(2) . Max. coverage outside the principal budding setback a2a for all accessory buildings combined (sq.R.) 500 n/a 500 n/a 500 n/a n/a n/a n/a n/a (9-3.2-23J (residential zones only) BUILDING and PORCH ENCROACHMENTS ° Max. encroachmen[ into Average of the front yard setbacks of the /ront yard setback to face o/ p~,o closest buildings on neighboring lots if pnncipal building excluding more than 50% of the lols on the same n/a n/a n/a n/a n/a porch (9-3 2-13a) blockface are non-standard Note: curcently limited to " " See Appendiz "I" E zones Max. unenclosed poroh setback encroachment into setback, /or detached dwelling units in residential: (9-3.2-15) 8/t. into setback Na 8 R. into setback n/a 8 ff. into setback n/a ~ n/a Na a. i/ pnncipal building complies with front setback b. ifpnnapal building encroaches into 6 ry. Irom building face n/a 6 R. from n/a 6 k. from bwlding face n/a n/a n/a (ront setback building face c. max. area o/ porch 150 s.f. ~~a 150 s.f. ~~a 150 s C n!a Na n/a encroachment into combined ' ~ TB-D, CB- ~ . " ~ . . . , ~ - E, CB-D. . - ~ - - . . . ~ . ~ . " - ' R61-x, ~ - (existing Zoning Districts) A-E, RR1-E, HZ-E, LR-E. MR-E, R-E, RB-E, RB- D IS-E IS- LR-D, ~ HR-D ~` ~- MU-D` MR-X,'. -'~ ' MXR-D ~ ~ HRt-X". ' ~ CS-E ~~ ~~ MU-X ~ ~:~ ; BM&•X ; - ~.Ii~2-X„ R~~X . - ~ R81-E ~-. IMSX, ° ~ ~ MH-E "~ RR-E ER-E HR-E MXR-E TB-E , , p ~~E MR-D HR-X ~ , . ~~z E , ,~ RMS-X ' IM-D, IGE, ~ - . , ~ ~. R83-E ~ IG-D - ' " ~ ~ ~ ' ~ (new form district ~ ,'. - dreft designations only~ a b . c d e f g h i _ j k . I m n o~ ; «p q_ r ~ s, . . ~ - . . ' ' - _ . y :_ _ hont and sfreet 5ide setback d. min surface deck area of po~ch 50 s./ ~~a 50 s./ ~~a 50 s.f n/a n/a n/a (totaQ e maz. Noor height ° < of first /loor " < o/ (rst floor height or o(porch < o/first floor height or 36 above grade ~~a height or 36 n/a 36" above grade n/a ~ n/a above grade f. maz. railingheight o~ ~h 36"above poroh lloor n/a 36"above porch fl n/a 36" above porch floor n/a n/a n/a ~ oor g. max.roofheighf ' 12'aboveporch ~ ofencroaching 12 aboveporchfloor n/a ~oor n/a aboveporchlloor ~Z n/a n/a n/a porch h. min. roof coverage of porch 60% ol porch area n/a /aorch fi0%~ 60% ofporch area ~~a n/a n/a ~ n/a a Max. unenclosed wrap around porch setback into Less than or Less than orequal to side yard adjacent Less than or equal to depfh of fronf porch n/a equal to depth o/ n/a depth o( front porch n/a n/a n/a to a street /or (ront porch non-landmarked buildings Max. porch /ronf and slreet sideyard setback No g2ater than encroachment for individual No greater than ex~sting historical porch No greater than existing historical porch No greater than existing histonca/ ezisting historical No greater than existing historical porch n/a landmarks and buildings porch porch within h~sforic d~stncts BUILDING HEIGHT Max. hei ht for rmci al 35 35 35 AO 35 38 35 35 TB-D, CB- ~ ' . ~ E, CB-D, . - - R81-X, ~ _ ' - (existing Zoning Distrids) A-E, RR1-E, HZ-E, LR-E, P E RB-E. RB• LR-D, MR-X .. ~ ~: ~ ~.._ ~ R~.X,.~ ~~. :~'~ .~`~ ~ ='IMS-X ~` .-..~ RR-E ER-E HR-E MR-E, ' ~TB-E D, IS-E, IS- MR-D HR-D MU-D ~ HR-X MXR-D ~ HRi-X CS-E ~= MU-X BMS-X RB3X, R61~ : " ' `~ , RMS=X MF1=EF ~ MXR-E D.IM-E. _ , . ~ R82-E~ ~ :' :'~" . . . IM-D, IGE, ~ R83-E .. ~ ~-- . IG-D "~ _;=~~' ~ , . ' . . _: (new form district ~ ~ .a.~h a~~a~~io~ a~~,,) a b c d e, f g h i j k .I m n o: p q~ c~<!~ ~~.. buildings and uses (ft.) (e)(f) X Condifional height /or pnncipalbuildingsanduses n/a 40 n/a n/a 40 n/a 40 n/a n/a n/a n/a B~ n/a n/a (ft.) (9-3.2-4) (HRX) (R X) 2 Maximum number of stories (3 on for all buildings 3 3 n/a n/a 2 3 3 2 3 RB1-X 2 3 corner lols Solar access protection SA I SA I 8 II II and III a/ea (9-8-4) SA II ~?77 SA III T??? SA II SA II SA II SA III SA II SA III SA I Solar access protection 'Yence"he~ght (R.) ( based 12 on zone o/ad~acent bt) (9- y5 12 n/a _ ?T 25 25 25 n/a 25 n/a 12 8-4, 9-8-5) Max. wall heighf (or detached dwelling units at 12 ~2 ~2 ~2 12 n!a zero lotline selback (9-3.2- 1363) . Max. heighl (or all accessory buildings, 20 structures and uses (ft.) z0 20 20 20 20 D&X FENCES, HEDGES, AND WALLS 9-3.3-6 Max. height o//ences, ~ ~ ~ ~ ~ ~ hedges or walls (R ) Min. hei hf af fence on to 4Z 42 42 42 42 42 TB-D, C& ~ ~ ~ . . ~ ' , E, CB-D, ~ - ~ R81-X, (exisGng Zoning Distriqs) A-E. RR1-E ~-E LR-E, P-E, RB-E' R& ~,: lR-D ~ MR-X . ~ ~~" . " ~ ' . ~- ~" ~-X~ - ~ IMS-?f ` ' ~ ~ RR-E , ER-E , HR-E MR-E, ~-E D, IS-E, IS- , MR-D HR-D MU-~ - , HR-X MXR-D HR1-X. ~C$=E ' Mu-X BMS-X RB&X, R61-E . , RMSX MH-E; > - ~ MXR-E p ~~E RBZ E , . . ' IM-D, IG-E, . ~ ~ R63-E ' . _ IG-D . '. ' - (new form district ` " = dratt desl9natlons o~lly~ a b . c d e f g h _ i j k . I m. n _ ~ o p q; r s o/retaining wall (inches) " - Maz. combined height of /ence/refaining wall in side yard w~n 3~eet of line lot ~ Z ~ 2 ~ z ~ z ~ 2 ~ 2 w/neighbor approval (R ) n BREEZ~WAY REQUIREMENTS 9-3.2-23b Max. height of ~2, to breezeway (R ) finished 12, to (nished grade 12, to fimshed grade below roo% or the grade below roo% orthe 12, to finished grade below roo% orthe height o( accessory building to which it is n/a height o/ n/a below roof, or the height n/a height o/ n/a n/a attached ol accessory building to ~ accessory building to which which it is attached accessory building [o it is attached which d is attached 6, to Max. width of breezeway 6, to outside outside ~h~) edge o/support 6, fo outside edge of edge of 6, to oufside edge of support columns, plus n/a columns, plus up n/a support columns, plus ' ~~a support n/a n/a up to 18"eaves each side fo 18"eaves up to 18 eaves each columns, each side side plus up fo " 18 eaves each side Min. /ength of breezeway (k.) 6 n/a 6 n/a 6 n/a 6 n/a n/a > o/ f0, or Min. breezeway setback > o/ fo orthe ~ from interior side or rear , minimum > of f0, orthe minimum min mum lot line (ft.) > of 10, or lhe min~mum pnncipal building n/a pnncipal building n/a Principal budding ~~a principal n/a n/a setback for the zone drstrict setback for the setback /or the zone buildmg zone distnct district setback /or fhe zone TB-D. CB- . . , E, CB-0. . , . ~ - ~ ' _ . RB1-X: (ewsting Zoning DisVicts) q_E~ RR1-E. HZ-E. LR-E. P_E RB-E, RB- - LR-D, . ~ . ' MR X ' ~~~ . ' ~ : ~~. -~-X~~ '~'' IMS-X . - ~ " ~- RR-E ER-E HR-E MR-E, TB-E q IS-E, IS- MR-D HR-p MU-D HR-X MXR-D HR1-X ~ CS-E MU-X ' BMS-X= ~iB3-X, RB1-E , RMSX ' MH-E~ MXR-E D, IM-E, , ~~ E ~ . _ . IM-D, IG-E, . ~ RB&E `. IG-D (new form district - drait designations only~ a b c d e f g h i j k I m n o . p q r s distnct BUILDING DESIGN REQUIREMENTS Min front /aqade wmdow area (%) (9-3.3-29J n/a n/a n/a n/a n/a 60 n/a n/a Primary building entrance locationfacing sVeet n/a n/a yes n/a yes yes n/a n/a yes yes n/a E&X Min °/, of bt frontage that must wntain a building or buildings ~~a n/a n/a n/a n/a 70 50 n/a E-bus Lendscaping Requlrements See 9-3.3-1, 9-3.3-2, 9-3.3-3, and 9-3.3-4 Qutdowll/uminaBon - Requlrements See Section 9-3.3-17 S:\PLAN\LUCS\623.PB\FORM MODULE 6-13-OS.doc INTENSITY & OPEN SPACE MODULE (Lot size, Open Space, & FAR's) (zones listed m order of "by-right" density - least dense to most dense) '~6 ~ m B a ~~ ~I~ v m~ ~ ~ f, Intensiry Mlnimum lot Minimum lot Maximum Minimum Minimum Minimum Mlnimum Mauimum Existing 2one Area area Per Number oi Open Space Open Space Open Space Private Open Floor Area Zoning Dwellinp Unit Dwelling per Dwelling on Lots With on Lots Space for Raho Districts (square feet (sq. it.) Units per Unit Residential Without ResideMial unless Acre Uses Residential Uses otherv+ise ~ge$ noted) . See Section _ for additlonal open space requirements See See subsecGon A subsection B below for below for minimum minimum open space open space based on based on building buildinp height height For mixed use developments use the requirements of either the residential or nonresidential standards that result in the greatest open space 1 5 acres 5 acres 0.2 n/a n/a ? ~ n/a n/a A-E Z 30,000 30,000 1.4 n/a n/a ~ Me ~~a RR-E, RRi-E 3 15,000 15,000 2'9 Na n/a ~ ^~e ~~a ER-E q 7,000 6.2 n/a Na ? n/a 0.8:1 LR-E 7,000 $ 7,000 7,000 6.2 n/a 40% 25% n/a n/a P E ~ ~ ~~ ~ t~ I t~ ~ I~ (W ~~ g n/a n/a n/a 6000 n/a 40% n/a n/a LR-D ~ 6,000 6,000 7.3 600 50% 20% n/a n/a MXR-E $ n/a Na ~0, (upto 20 Na 15°/. 75% 60 n/a MXR-D by review) 9 Na Na n/a 3000 n/a 40% Na n/a MR-D 10 Na n/a n/a 600 40% 20% 60 05'1 IS-D 0.5:1 ~~ Ma n/a s 40% 20% ~ n/a (see9-3.2-21) IS-E , ~pri ate?) 3 200 600 12 6000 (HZ-E) 13.6 (HZ_E) 40% 20Y Na n/a HR-X, HZ-E, (HZ-E) (See 9-3 2- ~ 7 (HR-X) ~~ 13 Na 3000 14.5 (M~) 50% 20~ n/a n/a MR-E, MR-X 14 60v. 60% 60 HR1-X n/a n/a Na n/a (See 9-3 2-11 (See 9-3.2-11 ~~a e e HR-D,TB-D, '{$ n!a nJa 1,200 50% 20'~o Na n{a CB-D ~~a 16 n/a n/a n/a n/a ~ 40°/. 20% 60 Ma RB-D 0.67:7 (1.85 if within ~7 Na n/a n/a n/a 15°/. 15% 60 ageneral improvement BMS-X (parking) " district) ~$ Na n/a Na n/a 15Ye 15% 60 0.6:1 wl 75,000 S.F. RMS-X, IMS-X, max. see 9- MU-D a `~ ~ ~ ~r i ~ ~ ~ a ~ i, 32-19) 600 ~ J 6,000 1,600 ~ 27.2 (HR-E) 50% 20% n/a n/a HR-E, CB-E 40B ? CB-E 2 acres created after 40°/. (20°/. if Zp 5/20~97 7,600 27.2 600 within a park 25% 60 4:1 0 IM-E, IM-D (~M-~) service area) (~M_p ~ . 2-21) (see 93 7000 . (IM-E) ~~~ TB-E 21 6,000 1,600 27.2 600 50% 40% Na (See'a~~9 2?~9) (combinew/ HR-E ?) 7 000 1~600 27.2 600 ~'~~20%if wilhin a park 25/ 60 (IG-D) 0.5:1 IG-E,IG-D ZZ , (see 9-3.2-21) IGE service area 23 6,000 1,600 27.2 Na 20% 2Q% ~/a 2.0:1 (see 9-4-11 RB-E k Q4 n/a Na Ma n/a 75% 15% 60 1.0:1 MU-X see 9-3.2-20 Z$ n/a Ma n/a Sa ~ 20% 10% n/a 1.0:1 R83-E, RB3- (P~ ~e ~ see 9-3.2-18 X yg ~a n/a n/a n/a 20% f0% s~ R82-X (see 9 J 2-18) n/a n/a n/a (RB782•E) 20% f0% 60 (R81-X) 1.7:1 (see 33.2- RB1-E, R82- 27 (Private?) 18 E, R81-X Q$ n/a ~ n/a n/a n/a Ma 10% n/a n/a CS-E A. Open Space Requirement for Residential Buildinsas over Thirtv-Five Feet: For any residential building over thirty-five feet but less than forty-fve feet in height, at least fifteen percent of the total land area shall be provided as useable open space, and for any building over forty-five feet but fifty-five feet or less in height, at least twenty percent of the total land area shall be provided as useable open space. B. Open Space Reauirements for Non-Residential Buildinas over Twentv-Five Feet: (1) Buildings Between Twenty-Five and Thirty-Five Feet in Height: Any building that contains a business or industrial use which is over twenty- five feet and up to thirty-five feet in height shall inciude on the lot useable open space of at least ten percent of the lot. (2) Buildings Between Thirty-Five and Forty-Five Feet in Height: Any building over thirty-five feet but less than forty-five feet in height shall provide at least fifteen percent of the total land area as useable open space. (3) Buildings over Forty-Five Feet in Height: Any building over forty-five feet but fifty-five feet or less in height shall provide at least twenty percent of the total land area as useable open space. Notes: 1. MH-E zoning district not included in chart 2. Bold = an existing requirement / regulation 3. Italics = proposed regulation 4. ? = further analysis needed S:~PLAN\LUCS\Intensity & Open Space Module S2SOS.doc _ `~ ~ ~ a ( i~ ~ m ~ ae+ ~ Exclusions from Floor Area Ratio Calculations (Existing Code) Definition of Floor Area: Floor area" means the total square footage of all levels measured to the outside surface of the exterior framing of a building or portion thereof, which includes stairways, elevators, the portions of all exterior elevated above grade corridors, balconies, and walkways that are required for primary or secondary access by Chaoter 10-5, "Building Code," B.R.C. 1981, storage and mechanicai rooms, whether internal or external to the structure, but excluding an atrium on the interior of a building where no floor exists, a courtyard, the stairway opening at the upper most floor of a building, and floor area that meets the definition of uninhabitable space. Definition of Uninhabitable Space: Uninhabitable space" means a room that is six feet or less in floor to ceiling height, or a room solely used to house mechanical or electrical equipment that serves the building, including, without limitation, heating, cooling, electrical, ventilation and filtration systems, or any parking facility located completely below grade on all sides of the structure regardless of the topography of the site. Puroose of Floor Area Ratios: In the Industrial zones, the purpose is to "limit the impacts of the use resulting from the increased size." In all other zones with FAR limits, the purpose is to "limit the visual mass of the structure and to limit the impacts o( the use ~esulting from the increased size." z ~ ~ a fl, ~ a ~ ,~ ~~ ~ m .`~ ~ ~ Areas Excluded From FAR Calculation Sections 9-3.2-18 thru 21 (Shaded areas indicate exclusion from FAR calculation) `~ ~ A ~ ~ I,~ ~ ~ m `C~a m~ IW ~~ ZOfI@ R81-E RB2-E R63-E R81-X RB2-X R63-X MU-D RMS- TB- MU- RB- BMS- IS IG IM IMS X E X E X Exclusion Uninhabitable s ace attic " x~ x "% X x x x x x x x x x x x x Uninhabitable above rade x' ' x x ' x' . x x x x' x x x x Uninhabitable below rade ~ z x x - x x x x x x x x x x x x x Habitable below rade x 50% 50% Habitable below grade accessed only from x x x' ' x' ~ x,• ~ x x 50% 50%~ interior 0.5FAR Residential floor area O.SFAR O.BFAR 0.5FAR 0.5FAR Pa~~~9 and/or 0.5FAR res Residential floor area if al least 35% of units ~ are permanently aHordable and 50% of Floor 0.07FAR area is residential Residential floor area NOT in a General Improvement Dislrid that provides off-street 0.33 arkin 0.5FAR pa*~a ' Parking w/in a principal building aniUw x_; :. , ~ x- x x x x x x ;.res.- ~,f ~- 0.8F/kR ~~ ~~D9 ~ Parking in detached structures and/or x ~; x x x x x x x rea. ' O.SFAR Parking in above grade parking structures ~ d~~ x x x x x x x x res O.SFAR Parking w/in a principal building if the x parking x parking does not exceed 0.5 FAR x x anNOr res Proposed FAR Addition ~ ~', ~ :.~- i ~~ i~ :m `c~a ~ ~ Zone R61- RB2- R63- RB1-X R82- RB3- MU• RMS- TB•E MU•X BMS-X 15 IG IM IMS E E E X X D X Maximum Total FAR 0.5 1.0 1.0 1.0 1.0 1.0 ~~a n/a n/a n/a n/a n/a n/a n/a n/a Bonus FAR FAR FAR FAR FAR FAR FAR Bonus 0.5, or 1.0 Components: 0.5 0.5 0.5 FAR if Parking 0.5 0.5 No Bonus a) Residential floor area FAR FAR FAR FAR FAR bonus NOT used b) Residential floor area if at least 35% of units are permanently No Bonus ~'~~ No Bonus affordable and at least FAR 50% of total floor area is residential c) Residential floor area for a project NOT located in a General No Bonus 0.33 No Bonus Improvement District FAR that provides off-street arkin d) On-site parking provided entirely within No All, provided total parking area does not All All No All All All All All All the principal structu~e, gonus exceed 0.5 FAR gonus orabove-grade arkin structure e) Below grade area 5o°h 50% used for occupancy No Bonus A~~ below grade below grade No Bonus area area S:\PLANILUCS16.23.P8\FAR chart 6-16-05.doc Chapter 9-6 Access, Parking and Loading Standards Contents: 9-6-1 Schedules of Parking Requirements 9-6-1.1 Residential 9-6-1.2 Non-Residential 9-6-2 Parking Deferral and Reduction 9-6-3 Parking Design Standards 9-6-3.1 Bicycles 9-6-3.2 Motor Vehicles 9-6-4 Reservation, Dedication, and Improvement of Rights of Way 9-6-5 Site Access Control 9-6-6 Off-Street Loading Area Standards Summary of Changes: • All parking requirements that are currently found in at least five different parts of the code are all relocated to one chapter • Parking requirements are reorganized according to residential or non-residential use, and minor variations within each category are reduced. . A variance is adding to allow existing parking in the front yard setback of a single family home to be retained if the circumstance was not created by the owner. The specific criteria are located in the new chapter 9-11 Interpretation, Variances and Review Processes Key Issues: • Should the multiple variations of parking requirements be further simplified, as current requirements base parking on building size, number of bedrooms, zone or land use, depending on the circumstance? New Text: See attachment . Revised Access, Parking and Loading Standards (note - draft retains current code section numbering) AGENDA ITEM # GfF Pa2e~/0 9•3.3-7 Off-Street Parking Requirements (a) Rationale: The intent of this section is to provide adequate off-street parking for all uses, to prevent undue congestion and interference with the traffic carrying capacity of city streets, and to minimize the visual and environmental impacts of excessive parking lot paving. (1) The off street parking requirements are based upon the parking needs for residential and non-residential uses. Mixed use developments can be considered in many zoning districts and as a result, both the residential and non-residential requirements may be applicable to a project. Parking in public streets will not be used to meet the parking requirements of this section unless specifically approved as part of a Site Review or park~ng reduction. (2) The parking requirements for residential uses are primarily based on the number of bedrooms within an attached dwelling unit or per dweiling unit for detached dweiling units. There are special requirements for several other types of residential uses. (3) The parking requirements for non-residential uses are primarily based upon the size of a building (square footage) or seating capacity ratios. There are also special parking requirements for a limited number of non-residential uses. . (4) Parking quantities in excess of the standards are discouraged except where a special review or use review determines that additional parking is needed for a specific use. (b) Off Street Parkina Requirements: The number of required off-street parking spaces shali be provided are as follows: (1) Residential Parking Requirements: Rt, M2, B2, D7, D2, D3, A R5, M3, M4, 14 M7 R2, R3, R4, R6 (except R6c-12 8 R6y-'12) Bt, 63, B5, 17, 12, 13, P R6c-12 8 R6 j- 12 Minimum 4 space for number of off detached street parking dwelling uniGs spaces for a ~ ~ constructed prior detached ~'a" ~ to 9/2/93. Use dwelling unit ~ the requiremenfs (DU) below for a D.U. built after 9/2/93 Minimum 1 for a one or 1 for one ~ for one 1 space for first number of oH Mro bedroom DU bedroom DU bedroom DU 500 sq. ft. and 1 street parking additional space spaces for an 1.5 for three 1.5 for two 1.5 for Mro for each 300 sq. attached bedroom DU bedroom DU bedroom DU k.orportion dwelling unit 1 thereof not to 2 for a three or 2 for three exceed 4 spaces 2 for a four or more bedroom bedroom DU per D.U. more bedroom DU DU 3 for a four or more bedroom DU agenda hem #_ ~ir__ Pego #`I I (2) Supplement requirements for residential uses: Roomers within a single-unit dwelling (93.3-7rA) 1 space per 2 roomers Residential developments in which one bedroom units 1.25 spaces per 1 bedroom unit are 60% or more of the total (9-3.3JC7) Rooming House, Boarding house, fratemity, sororiry, z spaces per three occupants group quarters, and hostels Effcaency units (9-3.3-7c3) 1 space per unit Bed and Breakfast ~ space per guest room + t space for operator or ovmers DU within builtling Accessory Dwelling Unit (93.4-12) tspace, in adtlition to the requirement for the principal dwellin unit Owners Accessory Unit (93.4-13) 'ISpace, pavetl, in addition to the requirement for the rinci al dwellin unit Off-sUeet parkjng appropriate to use and needs of the Group homes (93.4-8a2) facility and the number of vehicles used by its occupants, as determined through review Residential, custodial, or con9regate care (9-3.4-9a2) ~ street paricing appropnate to use and needs of the facility and the number of vehiGes used by iLS occupanfs, ~ as determinetl through review Cooperative housing units (93.4-18d9) 1 space per 2 occupants 1 space for each 20 occupanfs, based on the maximum ~ occupancy of the facility, plus t space for each employee Ovemight shelter (9-3.4-25e) or volunteer ihat may be on site at any given time computed on the basis of the maximum numbers of employees and volunteers on the site at any given time Day shelter (93.4-26~ Use the same ratlo as general non-residential uses in fhe zone 1 space for each 20 occupanLS, based on the maximum occupancy of the fadlity, plus 1 space (or each employee Emergency shelter (9-3.4-27c) or volunteer that may be on site al any given hme computed on the basis of the maximum numbers of employees and volunteers on the site at any given time, plus 1 space for each attached rype dwelling unit Trensitional housing (9-3.4-28c) t space per dwelling unit Existing duplexes or multi family dwelling units in the LR- Greater of 1.5 spaces per unit or number of spaces E zoning district (93.3-7 (c)(8)) required when units were established Handicap Parking 0 spaces for the first 7 DU's, 1 space per 7 dwelling units thereafter pgenda Item ~ _fa~R _. Page N ~.-- Large Day Care (< 50 children) ?? Determined through rev~ew (3) Non-Residential Parking Requirements: M1, D1, D2, D3 64, BS (except 65-f-16), N, Y2, 13, A R5, M3, M4, B2, 14 M2 R1, R2, R3, R4, R6, Bt, B3, 65- 6-16 Minimum number of off- street parking 1:400 if 1:300 if spaces per sq. residential uses residential uses ft. of floor area 0 1:400 ~mprise less comprise less ~:300 for non- than 50% of the than 50% of the residential uses floor area; floor area: and their otherwise 1:500 otherwise 1:400 aecessory uses (a)~b) (4) Supplemental requirements for non-residential uses: Non-residential uses in General Improvement Parking No parking required Districts (93.3-7a3) Restaurant or tavem - interior seahng (9-3.3-7c5): Greater off 1 per 3 seats, or the ratio for the zone Restaurant or tavem - outdoor seating: a. Outside seats for restaurant or tavem with up to No additional parking spaces reqwred ' S0 interior seats if ouLside seats do not exceed > of 6 seats or 25% of interior seafs (&3.3-7c5) b. Outside seats for resWurant or favern with more than 50 intenor seats if outside seats do No additional parking spaces required not exceed > of 12 seats or 20% of indoor seats (33.3-7c5) c. OuLSide seats for restauranfs or tavems in " " " " ~ space per 3 outdoor seaLs in excess of exempted excess of requirements of a or b above (9- outdoor seats 3.3-7c5) The maximum number of outdoor seats shall be calwlated in accordance with the follovnng formula: (i) The number of parking spaces provided on site, d. Outside seats for restaurants that do not meet multiplied by; the parking requirement for their indoor seats (ii) Three seats, multiplied by; (9-3.3-7c5c) (iii) The percentage of seats that would have othenvise been permitted in "a" or "b of this sedion, equals: (iv) The maximum number of outdoor seats that do not require addiGonal parking spaces. ~gendaltemN__6A"._..~9~~ `~3 -- 1 space per guest room or unit, plus required spaces for Motels, hotels and bed & breakfasts (9-32-7c2) non-residential uses at 1 space per 300 sq. ft. of floor area > of 1 parking space per 3 seats, or the parking ratio for Theater (9-3.3-7c6) the zone disMct Min. number parking spaces for disabled (9-3.3-~ tc) Minimum number of parking spaces for the disabled a. business, industrial or public uses: otal arkin s aces rovided 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 ' 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total Over 1,000 20, lus 1 for each 100 over 1,000 Gasoline Service Station Generel ratio for the use zone plus storage of 2 vehicles per service bay Religious Assembly: (see subsection (f)(9) for pertnitted parking reductions) a. Religious assemblies created pnor to 9/2/93 ~:300 1 space per 4 seats, or 1 per 50 s.f. of assembly area if a. Religious assemblies created after 9/2/93 were are no fixed seats - assembly area includes the largest room plus any adjacent rooms lhat could be used as part of the assembly area b. Uses accessory to a religious assembly and Uses accessory to the religious assembly shall meet the standards applicable to the use as if the use is a principal created aker 9/Z93 (93.4-5) use. c. tofal parking of a religious assembly and Parking for the religious assembly use and any accessory accessory uses created after 9/2/93 use shall be for Ne use which has the greatest parking requirement. Small Recycling Collection FaGlity (93.4-11) 1 space for attendant if needed Large Recycling Collection Facility (93.4-11) General parking ratio for the zone plus one space for each commercial vehiGe operated by the facility RecyGing processing facility Sufficient parking spaces for a min. of 10 customers, or the peak load, whichever is greater, plus one space for each commercial vehiGe operated by the facility (c) General Parkinsa Requirements: aaendaltem#__6h___~'age#~' ~---- (1) Roundinp Rule: For all parking space requirements resulting in a fraction, the fraction shall be: (A) Rounded to the next higher whole number when the required number of spaces is five or less; or (B) Rounded to the next lower whole number when the required number of spaces is more than five. (2) Parkinp Requirements for Lots in Two or More Zoninq Districts: For lots that have more than one zoning designation, the required parking for the use(s) on the lot may be provided on any portion of the lot, subject to the provisions of this title. (d) Parkinsa Desian Reauireme~ts: (1) Location of Ooen or Enclosed Parkinq: The location of open or enclosed parking areas are subject to the following requirements: (A) Open or enclosed parking areas shall not be located in any required landscaped setback abutting a street, but in RR-E, RR1-E, ER-E, or LR-E districts, if all off- street parking requirements of this chapter have been met, persons may park up to two additional vehicles in the driveway leading to the parking area. The requirements of this subsection may be varied to allow the required off- sheet parking to 6e located within the iront yard setback pursuant to a variance being approved by the Board of Zaning Adjustment and Building Appeals per Section 9-3.6-2(hJ. (B) Open or enclosed parking areas shall be located on the lot or parcel containing the use for which they are required. (C) Open or enclosed parking areas shali not be located closer than ten feet from a side yard adjacent to a public street in the BMS-X and RMS-X zoning districts. (2) Parkinq Stall Desiqn Standards: All off-street parking spaces shall meet the minimum size as indicated in Appendix "A" to this title, "Minimum Dimensions for Parking Area Layout," except that a small car parking space may be a minimum of seven feet nine inches wide, fifteen feet in length, with the standard width drive lane. If the proposed use anticipates long-term parking as the major parking demand, the city manager may reduce the minimum parking stail size as required by Appendix "A." (3) Small Car Stalls: A proportion of the total spaces in each parking area may be designed and shall be signed for small car use according to the following table: TOTAL SPACES REQUIRED ALLOWABLE SMALL CAR STALLS 5-49 40% 50-100 50% pgenda Item ~ _ _GR _ _ Pe9s # ~~ _-. 101 or greater 60% (4) Parkinq Soaces for the Disabied: Parking spaces for the disabled shall be lvvelve eight feet wide and nineteen feet in length, with the standard width drive lane. Individual spaces shail have an additional i#~ee five foot-wide, diagonally striped aisle abutting the passenger side of the space. A three-foot, unobstructed sidewalk or pedestrian aisle which is at the same elevation as the space may be substituted for the striped aisle. If such spaces are provided in adjacent pairs, then one three-foot aisle may be shared between the two spaces. Parking spaces for the disabled shall conform to the construction and design standards in the City of Boulder Design and Construction Standards, and be located to maximize convenience of access to the facility and minimize the need to cross the flow of vehicular traffic. (5) Parkinq Waiver for Previouslv Conformina Parkinq Spaces for the Disabfed: If a previously conforming required parking space for the disabled was rendered non- conforming by the amendment to subsection (4) above which required the tlxee five foot aisle, and its owner desires to add such an aisle, and the addition will reduce the available parking below that required for the premises, such owner may apply to the city manager for a parking waiver. The manager shall grant such a waiver insofar as it is necessary and appropriate to permit all required parking spaces for the disabled to be conforming spaces. (6) Desiqn Standards: Parking areas shall meet the following design standards: (A) There is a definite and logical system of drive lanes to serve the entire parking area. Drive lanes shall have a minimum aa eighteen-foot clearance for two-way traffic and a minimum ten-foot clearance for one-way traffic unless the city manager finds that the parking stalls to be served require a greater or lesser width. A physical separation or barrier, such as vertical curbs, may be required in order to separate parking areas from the travel lanes. (B) All parking dimensions conform to Appendix "A" to this title, "Minimum Dimensions for Parking Area LayouL" (C) ... . If parking lot lighting is provided, all lighting shall comply with Section 9-3.3-17 of this title. (D) No parking stall is located so as to block access by emergency vehicles. (E) All parking areas are paved with asphalt, concrete, or other similar permanent, hard surface except for parking areas for detached dwelling units. (F) Suitable curbs or barriers to protect pubiic sidewalks and to prevent parking in areas where parking is not permitted are provided, exceptfor parking areas for detached dwelling units. (G) All open off-street parking areas with five or more spaces shall be screened from the street and property edges, and shall provide interior lot landscaping in accordance with Section 9-3.3-4, "Parking Lot Landscaping Standards," B.R.C. 1981. ~gentla Item ~ G Ir Nage #-y6- - (H) Driveways parallel to public sidewalks are separated from such walks by an eight-foot landscaped area or a solid wall at least forty-two inches in height. (I) Wheel or bumper guards are located so that no part of a vehicle extends beyond a parking area boundary line, intrudes on a pedestrianway, or contacts any wall, fence, or planting. A vehicular overhang may, however, intrude into a private pedestrian way located on the perimeter of a parking lot, if the pedestrian way is not less than 6 feet in width. (graphic) (J) Turnarounds are provided for dead-end parking bays of eight stalls or more. (K) ~ Driveways located in required yards are situated at an angle of approximately ninety degrees to the street to which they connect. (L) Within the RB1-X, RB2-X, R83-X, R61-E, R62-E, and RB3-E districts, at-grade parking is not permitted within thirty feet of a street right-of-way unless approved as part of a site review approval under Section 9-4-11, "Site Review," B.R.C. 1981. For the purpose of this paragraph, the term "street" does not include "alley" (e) (7) R21-''~, e~ a ~nrti ti a a ., u ..~~~ ~... ... •.°a r~.e .,....r,.~..~ ~y......,.~ _r~..__... Parking Deferrals: (1) Criteria for Parkina Deferral: The city manager may defer the construction and provision of up to ninety percent of the off-street parking spaces required by Section 9-3.2-1, "Schedule of Bulk Requirements;' B.R.C. 1981, in an industrial district, thirty-five percent in a commercial district, and twenty percent in any other district if an applicant demonstrates that: (A) The character of the use lowers the anticipated need for off-street parking, and data from similar uses establishes that there is not a present need for the parking; (B) The use is immediately proximate to public transportation that serves a significant proportion of residents, empioyees, or customers; (C) There is an effective private or company car pool, van pool, bus, or similar group transportation program; or (D) The deferred percentage of residents, employees, and customers regularly waik or use bicycle or other non-motorized vehicular forms of transportation. (2) Parkinq Deferral with a Concurrent Use Review: If a proposed use requires both a review pursuant to Section 9-4-9, "Use Review," B.R.C. 1981, and a public hearing, the city manager will make a recommendation to the approving agency to approve, modify and approve, or deny the parking deferrat as part of the use review approval. ,~genda Item ~ . 6 R . Nage # _.Y~'- (3) Site Plan: Applicants for a parking deferral shall submit a site plan demonstrating that the total required parking can be accommodated on-site and designating the land to be reserved for future parking. (4) Landscaoinq: Landscaping shall be provided as required under Section 9-3.3-4, "Parking Lot Landscaping Standards " B.R.C. 1981, and shail be indicated on the site plan. (5) Notice of Chanqe of Condition: No person having an interest in property subject to a parking deferral shall fail to notify the city manager of any change in the conditions set forth in subsection (a) of this section that the manager considered in granting the deferral. (6) Construction of Deferred Parkinq Areas: The city manager may require the construction of the deferred parking at any time upon thirty days' written notice by mail to commence construction of such parking. No person having an interest in the property shall fail to comply with such a notice. (f) Parkina Reductions: (1) Parkina Reduction: The city manager may grant a parking reduction for commercial developments, industrial developments and mixed use developments to allow the reduction of at least one parking space, with the total reduction not to exceed twenty-five percent of the required parking. The city manager may grant a parking reduction exceeding twenty five percent for those uses that comply with the requirements of subsection (10) "Uses with Non-standard Parking." Parking reductions are approved based on the operating characteristics of a specific use. No person shall change a use of land that is subject to a parking reduction except in compliance with the provisions of this section. (2) Residential Parkinq Reductions: Parking reductions for residential projects may be granted as part of a site review approval under Section 9-4-11, "Site Review;' B.R.C. 1981. (3) Parkina Reduction Criteria: Upon submission of documentation by the applicant of how the project meets the following criteria, the city manager may approve reductions of up to and including twenty-five percent of the parking requirements of Section 9-3.2-1, "Schedule of Bulk Requirements" B.R.C. 1981, if the manager finds that: (A) The parking needs of the use will be adequately served through on-street parking or off-street parking; (B) A mix of residential uses with either office or retail uses is proposed, and the parking needs of all uses will be accommodated through shared parking; (C) If joint use of common parking areas is proposed, varying time periods of use will accommodate proposed parking needs; or (D) The applicant provides an acceptable proposal for an alternate modes of transportation program, including a description of existing and proposed facilities, proximity to existing transit lines, and assurances that the use of alternate modes of transportation will continue to reduce the need for on-site parking on an ongoing basis. ~gendaltem#_6Jt. Nage~_J$_ (4) Limitina Factors for Parkinq Reductions: The city manager will consider the following additional factors to determine whether a parking reduction may be appropriate for a given use: (A) A parking deferrai pursuant to Section 9-3.3-8, "Parking Deferral," B.R.C. 1981, is not practicai or feasible for the property. . (B) The operating characteristics of the proposed use are such that granting the parking reduction will not cause unreasonable negative impacts to the surrounding property owners. (C) The parking reduction will not limit the use of the property for other uses that would otherwise be permitted on the property. (5) Alternative Parkinq Reduction Standards for Mixed Use Developments: The parking requirements in Section 9-32-1, "Schedule of Bulk Requirements," B.R.C. 1981, may be reduced if the following standards are met. These standards shall not be permitted to be combined with the parking reduction standards in subsections (c) and (d) of this section, unless approved as part of a site review pursuant to Section 9-4-11, "Site Review," 6.R.C. 1981. A mixed use development may reduce that amount of required parking by ten percent in the BMS-X, MU-X, IMS-X, RMS-X, MXR-D, and MU-D zoning districts, or in all other non-residential zoning districts in Section 9-3.1-1, "Schedule of Permitted Uses of Land," B.R.C. 1981, a twenty-five percent parking reduction if the following requirements are met: (A) The project is a mixed use development that includes, as part of an integrated development plan, both residential and non-residential uses. Residential uses shall comprise at least thirty-three percent of the floor area of the development; and (B) The property is within a quarter of a mile walking distance to a high frequency transit route operated by the Regional Transportation District that provides service intervals of fifteen minutes or less during peak periods. This measurement shall be made along standard pedestrian routes from the property. (6) Parkinq Reduction with a Concurrent Use Review: If a proposed use requires both a review pursuant to Section 9-4-9, "Use Review," B.R.C. 1981, and a public hearing, the city manager will make a recommendation to the approving agency to approve, modify and approve, or deny the parking reduction as part of the use review approval. (7) Assurances of the Nature of the Use: If the applicant proposes to reduce the number of off-street parking spaces because of the nature of the occupancy, the applicant must provide assurances that the nature of the occupancy will not change. (8) Parkinq Reduction for Housina for the Elderiv: The city manager may reduce by up to seventy percent the number of parking spaces required by this chapter for governmentaliy sponsored housing projects for the eiderly. (9) Parkinp Reductions for Reliaious Assemblies: The city manager will grant a parking reduction to permit additional floor area within the assembly area of a religious assembly which is located within three hundred feet of the Central Area General Improvement District if the applicant can demonstrate that it has made arrangements to use public parking within close proximity of the use and that the building modifications proposed are ,~g~nda Item # _ _ ~~_._-Vage ~ ~R.. - primarity for the weekend and evening activities when there is less demand for use of public parking areas. (10) Uses with Non-standard Parkinq: The city manager is authorized to approve a parking reduction to allow an existing non-residential use that does not meet the cunent off-street parking requirements of su4-section (b), to be replaced or expanded su6ject to compliance with the following standards: (A) An existing permitted non-residential use in an existing building may be replaced by another permitted non-residential use if the new use has the same parking requirement as the use being replaced. (8) A non-conforming non-residential use in an existing building may be replaced by a conforming non-residential use or another non-conforming non-residential use, pursuant to Section 9-3.5-3(c) "Non-Conforming Uses", if the permitted or non-conforming replacement use has the same parking requirement as the use being replaced (C) An existing or replacement non-residential use, whether conforming or non-conforming, that does not meet current parking requirements, shall not be expanded in floor area, seating, or be replaced by a use that has an increased parking requirement unless a Use Review pursuant to Section 9- 4-9 and a corresponding parking reduction pursuant to subsection (~ of this section, are approved. (D) Before approving a parking reduction pursuant to this section, the city manager shall evaluate the existing parking arrangement to determine whether it can accommodate additional parking or be re-arranged to accommodate additional parking in complfance with the design requirements of sub-section (d) of this section. If the city manager finds that additional parking can reasonably be provided, the provision of such parking shall be a condition of approval of the requested reduction. (g) Bicvcle Parkina: (1) Required Bicvcle Spaces: At least three bicycle parking spaces or ten percent of the required off-street parking spaces, whichever is greater, are required in all districts except residential uses in the A-E, RR-E, RR1-E, ER-E, LR-E, LR-D, MR-E, MR-D, MR-X, MXR-D, and MXR-E districts. After the first fifty bicycle parking spaces are provided, the required number of additional bicycle parking spaces is five percent of the required off- street parking spaces. (2) BicYCle Facilities: Both bicycle lockers and racks, shall: (A) Provide for storage and locking of bicycles, either in lockers or medium-security racks or equivalent installation in which both the bicycle frame and the wheels may be locked by the user; (B) Be designed so as not to cause damage to the bicycle; (C) Facilitate easy locking without interference from or to adjacent bicycles; and hgenda item # _ _ (a A _ . Na9e #-~ -.. (D) Consist of racks or lockers anchored so that they cannot be easily removed and of solid construction, resistant to rust, corrosion, hammers, and saws. (3) Additional Guidelines: Additional bicycle parking facilities guidelines shall be the foliowing: (A) Such facilities shall be consiste~t with their environment in color and design and be incorporated whenever possibie into building or street furniture design. (B) Such facilities shall be located in convenient, highly visible, active, well-lighted areas but shall not interfere with pedestrian movements. (h) Parkins~ and Storane of Recreational Vehicles: No person shall park, store, or use a travel trailer, tent trailer, pickup camper or coach, motorized dwelling, boat and boat trailer, snow vehicle, cycle trailer, utility trailer and van, horse trailer or van, or similar vehicular equipment in a residentiai district unless the following requirements are met: (A) Such vehicular equipment is stored or parked on private property no closer than eighteen inches to any proposed or existing public sidewalk and so as not to project into the public right-of-way; (B) On corner lots, any such vehicular equipment that exceeds thirty-six inches in height is not parked in the triangular area formed by the three points established by the intersection of property lines at the corner and the points thirty feet back from this intersection along each property line; (C) No travel trailer, tent trailer, pickup camper or coach, motorized dwelling, or van is used for the conduct of business or for living or housekeeping purposes except when located in an approved ,mobile home park or in a campground providing adequate sanitary facilities; (D) Any travel trailer, tent trailer, detached pickup camper or coach, boat and boat trailer, cycle trailer, utility trailer and van, horse trailer and van parked or stored out-of-doors is adequately blocked or tied down or otherwise secured so that such vehicle does not roll off the lot and is not moved about by high winds; and (E) No vehicular equipment regulated by this section is stored out-of-doors on a residential lot unless it is in condition for safe and effective performance of the functions for which it is intended. S:\PLAN\LUCS\6.23.PB\Revised Parking Requirements 614-05.doc Ngendaflem#._ ~~...Page#_SL.-- Chapter 9-7 Site Development and Urban Design Standards Contents: 9-7-1 Intent 9-7-2 Addressing 9-7-3 Control of Off-Site Impacts (former/y "Environmental Standards') 9-7-4 Easements 9-7-5 Landscape, Streetscape, Fences and Wafls 9-7-5.1 General Landscaping and Screening Requirements 9-7-5.2 Streetscape Design Standards 9-7-5.3 Parking Lot Landscaping Standards 9-7-5.4 Sight Distance 9-7-5.5 Fence, Hedges and Walls 9-7-6 Lighting, Outdoor 9-7-7 Open Space 9-7-8 Pu61ic Improvements 9-7-9 Swimming Pools, Spas and Hot Tubs 9-7-10 Trash Storage and Recycling Areas 9-7-11 W indow Requirements for Buildings in Various Zones Summary of Changes: • Reorganize subsections to improve readability • Illustrations to be added for landscaping and open space standards • Delete requirement for increased open space for non-residential buildings over 25 feet in height, because the required setbacks and landscaping already provide more open space than is required by this code sectio~ Keylssues: • Will consolidation of open space requirements, with illustrations, provide greater clarity about qualitative objectives? New Text: • Attachment - open space revisions and reorganization AGENDA ITEM # 6A Paee Si 9-3.2-6 Useable Open Space (a) Purpose of Ooen Space: The purpose of useable open space is to provide indoor and outdoor areas that will be used to meet the active and passive needs of the anticipated residents, tenants, employees, customers and visitors of a property, and enhances the environment of a development or building. Open space can be used to: (1) Provide connections between the inside and the outside of a building; (2) Provide separation between buildings and uses; (3) Provide jnteresting and usable places, both public and private, active and passive, inside or outside of a building, where people can be aware of the environment in and around a building or group of buildings; (4) Create public spaces that encourages social interaction. (5) Provide useful, attractive outdoor spaces that include both sun and shade; and (6) Provide visual connections between small open areas on a site, and larger open spaces beyond. • (b) Open Space Requirements: Open space shall be provided in the quantities specified in Section "Intensity and Open Space Module" (c) Criteria for Useable Open Space: Useabie open space may be used to meet the yard setbacks or the open space requirements of Section 9-32-1, "Schedule of Bulk Requirements," B.R.C. 1981. Useable open space includes: (1) A landscaped areas meeting the requirements of Sections 9-3.3-2, "General Landscaping and Screening Requirements," and 9-3.3-3, "Streetscape Design Standards," B.R.C. 1981; open air plazas; fountains and waterfalls; pedestrian arcades; smaii seating areas; and vest-pocket parks. (2) Outdoor activity or recreational elements such as play fields, swimming pools or hot tubs, and hard surface areas constructed at the ground level, that are unenclosed by an overhead structure, including, without limitation, tennis, volleyball, or basketball courts; (3) An outdoor garden or landscaped courtyard, designed for the use for the occupants of the building, with a minimum dimension of at least twenty feet. Seating and other elements encouraging use and occupation shall be included in its design and it shouid form an integral part of the circulation pattern within the project. (4) All landscape areas, plazas and patios, used as open space, and are located adjacent to a street, alley, driveway, or parking lot shall be protected from vehicular encroachment by a vehicular barrier which may include, without limitation, a bollard, wall, fence, or curb. (5) Exterior paved surfaces, except public sidewalks less than five feet in width and those paved areas specifically prohibited in subsection (f), may be used as open space subject to meeting the following additional standards: (1) The pavement surface shali be decorated with elements such as brick, stone, concrete pavers, exposed aggregate, textured concrete, patterned concrete, or colored concrete. A decorative surface shall not include a standard, uncolored concrete or asphalt surface, unless it is stamped with a pattern. fu~endaNem#_!~~_Pag~~ 53 (2) The paved areas shall be accessible and open for use by the tenants, occupants, or visitors of the building. To enhance the use of such areas, the paved areas shall include passive recreation amenities which include, without limitation, benches, tables, omamental lighting, sculpture, landscape planters or movable planting containers, trees, tree grates, or water features, or active recreation amenities, which include, without limitation, areas for basketball, volleybaii, or racquet sports. (d) Useable open space for uses also includes: (1) Individual balconies, decks, and patio areas that are not intended or designed to be enclosed, if the minimum size of such individual balcony, deck or patio is not less than 36 square feet and not less than forty-eight inches in any dimension or porches that meet the requirements of Section 9-3.2-15, "Setback Encroachments for Front Porches," B.R.C. 1981. Such areas shall count for no more than twenty-five percent of the required useable open space; (2) Pedestrianways, plazas, or atria within a buiiding that are designed for the specific use and enjoyment of the residents or tenants of that structure that included passive recreational amenities which may include, without limitation, benches, tables, ornamental lighting, sculpture, landscape planter or movable planting containers, trees, tree grates, or water features, but only if these areas are visually or physicaliy connected to the outside. If a hallway is used as a pedestrianway or open area within a building, it shall be at least twice as wide as the minimum width required by Chapter 10-5, "Building Code," B.R.C. 1981. Such areas shali constitute no more than iwenty-five percent of the required useable open space. The areas described in this paragraph or other common interior multiple use or recreational areas may constitute no more than seventy-five percent of the required useable open space, for housing for special populations such as the elderiy that may have need for more of such areas, if approved tfirough site review under Section 9-4-11, "Site Review," B.R.C. 7981; (3) An uncovered parking area and drive that serves only one detached dwelling unit on a lot or parcel; (4) If specificaliy approved as part of a site review, landscaped areas of public or private rights- of-way that are not anticipated to be converted to public or private highways, streets, or alleys within the next ten. years. Such areas shall constitute no more than ten percent of the required useable open space; (5) Wetlands shall constitute no more than fifty percent of the required useable open space. (e) Special Reauirements for Non-residential buildinas: Useable open space for a buiiding containing a business or industrial use may be indoors or outdoors but must be at ground level, accessible from public areas, and open to use by the public. (1) Indoor useable open space shall not constitute more than fifty percent of the required amount of open space and may include, without limitation, malls, pedestrianways, plazas, and other open areas within a building if the open space is oriented directly toward the major pedestrian entrance of the building. Malls, pedestrianways, and plazas, shall include passive recreation amenities which include, without limitation, benches, tables, ornamental iighting, sculpture, landscape planters or movable planting containers, trees, tree grates, or water features. If a hallway is to be considered a pedestrianway or an open area within a building that is oriented directly toward the major pedestrian entrance of the building and used as indoor open space, it shall be at least two times the minimum width required by the building or life safery codes in order to permit the installation of indoor passive recreation amenities. ~ndaltem#_6a Page#~y__ (2) In the BMS-X, RMS-X, IMS-X, MU-D, MU-X, and RB-D zoning districts, individual balconies, decks, porches, and patio areas that wiil not be enclosed count one hundred percent toward the private open space requirement, provided that such balcony, deck, porch, or patio is not less than seventy-two i~ches in any dimension nor less than 60 square feet in total area. In the RB-D zoning district, the dimensions and locations of private open space may be varied if the private open space adequately meets the needs of the oGCUpants of the dwelling units and is approved as part of a site review pursuant to Section 5-4-11, "Site Review," B.R.C. 1981. (f) Prohibitions: Portions of a lot on which a structure or unenclosed use are located shall not be counted as useable open space unless allowed in subsection (c), (d), or (e) of this section. Portions of a lot that are unenclosed include those areas that are designed such that they cannot be enclosed and are generally open to the sky above, except for a balcony or deck. The following are specific examples of areas that may not be counted as useable open space: (1) Paved areas intended for pedesirian use, which are located adjacent to alleys or driveways and are not physically separated from the alley or driveway by.a barrier such as a fence, wall, bollard, or elevated planter or curb which prevent use of the area by any vehicle; (2) A recessed window or doorway of less than 24 square feet in ground area and less than three feet in any horizontal dimension; (3) Any landscaped area less than two feet in width unless located within an elevated planter that is less than eighteen inches fn height. (4) Public or private rights-of-way for highways, streets, or alleys; (5) Roofs that do not meet the provisions of paragraph (d)(1) or (e)(2) of this section; (6) Parking areas and garages that do not meet the provisions of paragraph (D)(3) of this section; (7) Land area with a slope in excess of fifteen percent unless approved as part of a site review; (8) Balconies, decks and patio areas attached to a single family detached dweiling unit which are: (A) Attached at the same level or be4ow the first floor above grade and where the deck floor exceeds six feet above grade; or (B) Constructed over floor area over an enclosed building. (g) Discretionarv Review: Buildings greater than the permitted height shall be reviewed under the provisions of Section 9-4-11, "Site Review," B.R.C. 1981, and must meet the useable open space requirements of this section. The useable open space requirements of this section may be modified under Subsection 9-4-11(i), B.R.C. 1981. S:\PLAN\LUCS\6.23.P8\Open Space reorganization.doc Ngendaltem#~( k__Page#~S _ Chapter 9-8 Non-Conformance Standards Contents: 9-8-1 Purpose and Scope 9-8-2 Continuation or Restoration of Non-Conforming Uses, Non-Standard Buildings, and Non- Standard Lots 9-8-3 Changes to Non-Standard Buildings and Lots, and Non-Conforming Uses Summary of Changes: None previously proposed. Staff has identified a new issue that could be added that would reduce some existing commercial parking non-conformities. Properties are currently classified as non-conforming uses if they do not have the required number of parking spaces. Many commercial properties on small lots in the core of the city were built without parking (or only a few spaces off alleys) and cannot meet contemporary parking requirements. As non-conforming uses, these properties are limited in renovation and re-use potential unless more parking is provided, which generally requires removal of existing buildings. Staff has developed an alternative approach which would effectively reduce the parking requirements for the existing buildings to match the existing parking supply. These properties would therefore no longer be non-conforming. If the existing buildings areremoved, then compliance with current parking standards would apply, as with any use. Key Issue: • Is it desirable to treat some existing commercial development as conforming, if the only non- conformity is lack of parking? New Text: • None for this chapter; refer to the parking standards attachment for new chapter 9-6 for sample code language that addresses the commercial parking non-conformity issue. AGENDA ITEM # G~ Paee S{I Chapter 9-9 Subdivisions Contents: 9-9-1 Legislative Intent 9-9-2 Application of Chapter 9-9-3 Adjustment of Lot Lines 9-9-4 Elimination of Lot Lines 9-9-5 Minor Subdivision 9-9-6 Application Requirements for Preliminary Plat 9-9-7 Staff Review and Approval of Preliminary Plats (make call-up w/prelim) 9-9-8 Final Plat 9-9-9 Lot Line and Boundary Verification 9-9-10 Final Plat Procedure 9-9-11 Application for Building Permits Prior to Final Plat Recording 9-9-12 Standards for Lots and Public Improvements 9-9-13 Subdivider Financial Guarantees 9-9-14 Public Improvement Warranty 9-9-15 City Acceptance of Improvements 9-9-16 Dedication of Public Rights-of-Way 9-9-17 Enforcement Remedies 9-9-18 Land in Process of Annexation Summary of Changes: Key Issues: New Text: Reorganization to move Minor Subdivision requirements from back of chapter, to location between lot line eliminations and preliminary plat. This results in a more logical organization, and put regulations used most frequently nearer to the front. None identified None proposed AGENDA ITEM # 6A Pase SS Chapter 9-10 Affordable Housing Requirements Contents: 9-10-1 Inclusionary Zoning 1.1 Findings 1.2 Purpose 1.3 General Inclusionary Housing Requirements 1.4 Inclusionary Obligation Based Upon Size of Project 1.5 Cash-in-Lieu Equivalent for a Single Permanently Affordable Unit 1.6 Off-Site Inclusionary Zoning Option 1.7 Affordable Housing Requirements for Rental Projects 1.8 Affordable Housing Requirements for Ownership Units 1.9 Requirements Applicable to all Required Permanently Affordable Units 1.10 No Taking of Property Without Just Compensation 1.11 Administrative Regulations 1.12 Monitoring 9-10-2 Moderate Income Housing 2.1 Application of Chapter 2.2 Legislative Intent 2.3 Construction of Moderately Priced Housing Required 2.4 Credit for Units Offered Beyond Requirements 2.5 Resale Price Limitations 2.6. Housing Authority May Administer Chapter 2.7 Release from the Requirements of Prior Affordable Housing Summary of Changes: Combine Inclusionary zoning and moderate income housing in same section. Relocate the existing last section of the Moderate Income Housing regulations, which states that it is not applicable to new development, to the front of the chapter. Key Issues: • None identified New 7ext: None AGENDA ITEM # 6A Paee GO Chapter 9-11 Residential Growth Management System Contents: 9-11-1 Legislative Intent 9-11-2 General Provisions 9-11-3 Allocations Available 9-11-4 Allocation Schedule 9-11-5 Applications 9-11-6 Calculation and Award of Allocations 9-11-7 Conditions of Approval 9-11-8 Exemptions 9-1.1-9 Regulations 9-11-10 Excess Allocations Provisions 9-11-11 Monitoring and Evaluation Summary of Changes: • None proposed Key Issues: • At the joint PB/CC study session last October, staff had proposed to delete the Residential Growth Management System. City Council members had conc~rns that this would be a significant change for the community, and should be considered as part of a separate project. Therefore, no changes are proposed at this time. • Should an amendment to the RGMS be included which retains the existing regulations, but suspends the requirements for new units to receive growch management allocations until such time as the growth rate has exceeded 1% for the four previous quarters? New Text: • None AGENDA ITEM # 6A Paee ~y Chapter 9-12 Interpretation, Variances, and Review Processes Contents: 9-12-1 Interpretations 9-12-2 Variances of Standards 9-12-3 Processes and Decision Authorities 3.1 Administrative Review 3.1(a) City Manager Review 3.1(b) Board of Zoning Adjustment and Building Appeals 3.2 Discretionary Review 3.2(a) Landmarks Preservation Advisory Board 3.2(b) Planning Board 9-12-4 Administrative Review 9-12-5 Development Review Process 9-12-6 Development Review Application 9-12-7 Development Review Action 9-12-8 Public Hearing Requirement 9-12-9 Final Approval Requirements 9-12-10 Amendment Procedures 9-12-11 Compliance with Development Agreement . 9-12-12 Development in Stages, Time of Approval, City Manager Review of Progress, and Expiration of Development Approval 9-12-13Annexation Requirements 9-12-14 Rezoning 9-12-15 Use Review 9-12-16 Concept Plan Review and Comment 9-12-17 Site Review 9-12-18 Creation of Vested Rights 9-12-19 Required Improvements and Financial Guarantees Summary of Changes: • New chapter that combines the process requirements currently found in more than 80 existing code sections. • All process requirements are put in one chapter, the more than 30 existing variations in public notice requirements and call-up/appeal rules are simplified to 10 or less, and put into chart form for easy reference. • New variance criteria are added to allow retention of existing parking in the front yard of single family homes if there is no reasonable alternative . The list of standards that may be modified through site review will add the definition of "building" for height measurement purposes, so that individual, but attached, structures may be individually measured for height • A new minor site review amendments process is added for additions to existing single family detached homes in PUDs ~ • Minor modification criteria are slightly reworded to clarify intent. Key Issues: • Does the proposed simplification of public notification and call-uplappeal requirements provide acceptable protection for the public, while simplifying the many existing variations in requirements? • Does the proposed minor amendment process include sufficient standards to ensure that the intended character of existing developmenfs cannot be changed through this process? • Should a similar minor amendment process be provided for other types of development, such as commercial or Industrial? AGENDA ITEM # 6A Paee G'~ New Text: See attachments for • Proposed public notification requirements • Proposed parking in front yard setback variance standards . Proposed minor amendment process and criteria AGENDA ITEM # bA Paee ~S Summary of Proposed Public Notification Requirements For Development Review Apalications Mailed Notice Published Posted Notice Notice Administrative Revlews (except those none none none listed below) Subdivisions 8 mino~ Subd'IVisions To adjacent property owners none none and mineral rights owners Development Review Applications (site review, use review, annexation, To property owners 'D"~hin 600 feet of subject property Publish notice a min. of 10 days before final decision Post property a min. of tOdays prior to final action or rezoning, concept plans) nearin9 Neighborhood Meetings To property owners within 600 feet of Publish no6ce a min. of 10 days none subject property before meeting Solar Exceptions, solar access ermits, setback variances, ADU's, P To adjacent property owners a min. ot 10 days none Post property a min. of 10days prior to fnal action wetland permit and boundary before ~inal action determination, cooperatives BOZABA, Iandma~k5 Property owners within 300 feet of Publish notlce a min. ot 10 days before Post property a min. of 10 days prior to subject property hearing or final final action or action hearing VeSted Rlghts (final OCtiOn) - none Publish final CC action within 14 days none and submit copy of notice to CMO within 10 days of publication agendaltem#._!~~_. Page#y~._ Summary of Proposed Public Notification Requirements For Appeals and Call-ups Call-up or Mailed Notice Published Posted Notice appeals periOd Notice Subdivisions & minor ~4 days (PB) none Publish no6ce a none SUbdiVi51on5 min ofl0days before hearing (PB) Publish notlce 30 days (CC) weekend before meeting (CC) Development Review 14 days (PB) none Publish notice a none Applications (site review, use min. of io days before hearing (PB) review) Publish notice 30 days (CC) weekend before meeting (CC) Solar access permits 14 days To impaded Publish notice a none property owners a min. of 10 days min. of 10 days before hearing before finat action (BOZABA) Salar exceptions 14 tlays To impac[ed Publish notice a Post 10 days property owners a min. of 10 days before heanng min. of 10 days before hearing before final adion (BOZABA) Wetland Permit ~4 days Publish notice a min. of 10 days before hearing (PB) ADU'S 8nd OAU'S (eF1Pea1 of ~4 days (PB) none Publish notice a none min. of 10 days denial before hearing (PB) (note. current code references call-up of PB action of ADU's to CC but not OAU's) Pubfish noUCe 30 days (CC) weekend before meeting (CC) Cooperatives 14 days (PB) none Publish notice a none min. of 10 days before hearing (NOIe PB demal is final no call-up by CC. CC can call-up PB approval) Publish notice 30 da s CC weekend before Ngenda Item #_6 R.._ Page # 12~. _- mee6ng (CC) Vested RightS (flnal BCtlon) (where should this go?) none none Publish final CC action vrithin 14 days and submit none copy of notice to CMO within 10 days of publiwtion Sign Code ~4 days Property owners within 300 feet ot Publish nolice a min of 10 days Post 10 days before heanng subject property before hearing (BOZABA) Cit COU11Cil aCtions, gfOwth y 30 days none Publish notice weekend before none management actions, meeting (CC) landma~ked appurtenances, landmark designations, floodway development permits and floodplain variances S:\PLAN\LUCS\623.PB\Summary of Proposed Public Notifcadon Requirements-appeals and call-ups.doc H~endaltem#_ 4.a_.~age#_b$.. Parking in Front-yard Setback Section 9-3.3-7 (b) shall be amended as follows (4) The requirements of this subsection may be varied to allow the required off-street parking to be located within the front yard setback pursuant to a variance being approved by the Board of Zoning Adjustment and Building Appeals per Section 9-3.6-2(h). Section 9-3.6-2 shall be amended as follows: (h) Variances for Parkinq Soaces in Front Yard Setbacks: The Board of Zoning Adjustment and Building Appeals may grant a variance to the parking requirements of Section 9-3.3-7(b)(1) to allow a required parking space to be located within the front yard setback if it finds that the application satisfies all of the following requirements: (1) The dwelling unit was built in the Rt (Current LR-E, ER-E and RR-E zones) use district. (2) The dwelling unit originally had an attached~carport or garage that met the off-street parking requirements at the time of initial development'or, at the time of initial construction, an off- street parking space was not required and has not been provided; (3) The garage or carport was converted to living space prior to January 1, 2005; (4) The current property owner was not.responsible ~or: the conversion of the parking space to living area and can provide evidence as such; (5) A parking space in compliance with the qarking regulation of Section 9-3.3-7 cannot reasonably be provided anywhera on the site due to fhe location of existing buitdings, lack of alley access, or other unusual physical conditions; (6) Restoring the original garage or carport.to a parking space would result in a significant economic hardship when comparing the cost of restoration to the~cost of any other proposed improvements on the site; and (7) The proposed parking space to be located within the front yard setback space shal~ be paved, shall comply with Section 9-3.3-15, "Site Access," shall not be less than 9 feet in width or more than 16 feet in width, and shall not be less than 19 feet in length. No parking space shall encroach iMo a pu6lic right-of-way or obstruct a public sidewalk. ,e,enGa ftem # G s _ Page # ~o'~ PUD Minor Amendment v. 2 (New text is in bold, existing text to be deleted has stfilce~e~hs} Amend Section 9-4-11 as follows: o) Minor Modifications to Approved Site Plans: Changes to the site plan, building plans, and landscaping plans may be approved by the city manager without an amendment to the site plan if such changes are minor. All minor modifications shall be noted, signed, and dated on the approved site plan. For proposed minor modifications of site review projects that are partially or totally developed, the applicant shali provide notice to any owners of property within the development that might be affected as determined by the city manager. In determining whether a proposed change is a minor modification, the following standards shall apply: i, (1) ~ Set6acks on the perimeter of a development can not be varied by a minor mod~cation. ~- k' . (2) The floor area of the development, including principal and accessory buildings, may be expanded one time by no more than the greater of ten percent or 200 square feet, or, in the case of a building that exceeds the;permitted height, no more than five percent, except that the portion of any building over tf~irty-five.feet in height may not be expanded under the provisions of this paragraph; „~ ;;: ,- . (3) Commercial and industrial building lesatieas envelopes may be expanded or moved by no more than the greater of ten feet, w'ten percent of, the length of the building, measured along the building's axis in=the direction that the building is being moved; ' (4) Principal and accessory;~building:JesatieRS- not within an approved building envelope may vary be expanded or moved by no more than ten teet in any direction within the development in° residential districts and lots abutting residential districts. (5) Dwelling unit type may not be changed;"'~ (6) The portion of any building;over the permitted height under Section 9-3.2-1, "Schedule of Bulk Requirements,";.B.R.C.:1981, may not be expanded under the provisions of this subsection: (7) No increase may be granted to an open space reduction or to a parking reduction in excess of fhat aliowed in Section 9-3.3-9, "Parking Reduction," B.R.C. 1981; and (8) No change may alter the basic intent of the site plan approval. (pJ Minor Amendments to Approved Site Plans: Changes to approved building location, or additions to existing buildings which exceed the limits of a minor modi~cation, may be considered through the minor amendment process, if the following standards are met: (1) In a residenfial zone as set forth in Section , all approved dwelling units within the development phase have been completed; (2) In residential zones, dwelling unit type is not changed; 4genda Item ~ _~i R__ Page #30 (3) The required open space per dwelling unit requirement of the zone is met on the lot of the detached dwelling unit to be expanded, and (4) The total open space per dwelling unit in the development is not reduced by more than 10% of that required for the zone; or (5) If the residential open space provided within the development or an approved phase of a development cannot 6e determined, the detached dwelling unit is not expanded by more than 10% and there is no variation to the required setbacks for that lot; ~ (6) For a building in a non-residential use district the 6uilding coverage is not increased by more than 20%, the addition does not cause a reduction in required open space, and any additional required parking that is,provided, is substantially accommodated within the existing parking arrangement; .. (7) The portion of any building ovei the permitted height undei Section 9-3.2-1, "Schedule of Bulk Requirements,"B.R.C. 1981,is not increased;:. „~ (8) The proposed minor amendment .'does not iequire public infrastructure improvements or other off-site improvements. (q) Minor Amendment Anplication Reauirements: Appllcations for minor amendment shall be approved according to the procedures prescribed by this section for site review approval, excepL ,i,,:; ~ ,~.!~:. (1) If an applicant requests approvai:of a minw amendmenf !o an approved site review, the city manager wfll determine wtilch properties>within the development would be affected by the proposed change. Themanager will provide notice of the proposed change to a!/ property owners so determined to be affected, and to all property owners within a radius of;600 feet of the subject property. Only the owners of the subject property shall be, required to sign the application. (2) The minor amendment shall be found to comply with the review criteria of sections 9-4-11(7)(2)(A), (C) and(~, B.R.C.1981, and (3j The minor amendment is.found to be substantially consistent with the intent of the ortginal approval, including eonditions of approval, the intended design character and site arrangement of the development, and specific limitations on additions or total size of the 6ullding which were required to keep the building in general proport(on to others in the sunounding area or minimize visual impacts. (4) The city manager may amend, waive or create a development agreement. (~ r) Amendments to A~oroved Site Plans: (1) No proposal to modify, structurally enlarge, or expand any approved site review, other than a minor modification, will be approved unless the site plan is amended and approved in accordance with the procedures prescribed by this section for approval of a site review, except for the notice and consent provisions of this subsection. (2) No proposal to modify, structurally enlarge or expand that portion of a building over the permitted height will be approved unless the site plan is amended and approved in ,nauna Ittim # G a_._ PegB # a l -- accordance with the procedures prescribed by this section for approval of a building above the permitted height. (3) If an applicant requests approval of an amendment to an approved site plan, the city manager will determine which properties within the project wouid be affected by the proposed change. The manager will provide notice of the proposed change to all owners of property so determined to be affected and to all owners of property within a radius of six hundred feet from every point on the perimeter of such affected property. The owners of all property for which an amendment is requested shall sign the application. S:\PLAN\LUCS\623.P8\Topic 4-PUD Minor Amendment version,2.doc ,:::, . i = ;i;: ;. t~' ' f~[ ~; i h i: .. ```. :ti~p ~ ''ii if~~~u . 4 ~as_ .~i . . ~E4 ~ t •{! ~~ r f : i[ j. ~~_. ~+qenda Item h a A_ page #~__ Chapter 9-13 Signs on Private Property Contents: Note - this is a complete relocation of the sign code currently found in Chapter 10 "Structures" of the Boulder Revised Code. No changes are proposed to the sign regulations or their organization. Chapter 9-14 Enforcement Contents: 9-14-1 General Provisions 9-14-2 Inspections Authorized 9-14-3 Administrative Procedures and Remedies 9-14-4 Criminal Sanctions . 9-14-5 Other Remedies 9-14-6 Declaration of Use ~ 9-14-7 Private Right of Legal Action 9-14-8 Unauthorized Building and Uses Arising Before December 31, 1962 9-14-9 Multiple Dwelling Units; Specific Defense Summary of Changes: • None proposed Key Issues: • None New Text: • None AGENDA ITEM # 6A Paee 34 Chapter 9-15 Definitions Contents: All definitions currently found throughout Title 9 will be relocated to this new chapter. New Text: See attached list of new definitions to be added Illustrations Illustrations will be provided throughout the code to help explain the regulations. In some cases, they will be located with the relevant code section. In other cases, they will be located in the Appendix section if they apply to multiple sections A list of proposed new illustrations is attached. AGENDA ITEM # 6A Paee ~ Proposed Definition Revisions and Additions Revisions Additions Accessory Use Administrative review Animal Hospital Airport influence zone Breezeway Appeal Building Materials Boarding house Consanguinity Boulder Valley Comprehensive plan Convenience store Building and landscape contractors Developmentally disabled person Building mass and scale Drive-in Build-to line Printers and Duplicating service Business support services Floor area Call-up Gasoline service station Caretaker dwelling unit Hotel Cemetery Motel Commercial kitchen and catering Housing type Commercial service Indoor amusement establishment Concept Plan Medical and dental clinic or office Cor~ditional use Neighborhood center Crop productian Office, technical Density, BVCP land use Publisher Density, net Rooming house Dormitory Recreation or athletic facility Fence Service garage Financial institution Vocational school Firewood operation Fraternity or sorority Fuel sales Green house and plant nursery Ground floor fa~ade facing a street Healing arts Kennel Medical and dental laboratory Mortuary Museum Natural grade Printer and binder Retail sales Sales from a movable structure, vacant iot, or parking lot Sales from vehicles Service of vehicles Soiar access area Solar exception Subdivision Structure Temporary outdoor entertainment Temporary outdoor sales Townhouse Transparent glass Variance Vested Rights ~aenda ~em # _ Gk Paae # ~ ~o New Code Illustrations 9~ Solar access angles, solar June 1a, 2005 fences, and protected areas 10. Minimum % lot frontage Definiti ons: containing a building (build-to lines) 1. Appurtenances 11. Building entrance orientation to 2. Atrium lot frontage 3. Basement 12. Minimum building openings per 4. Breezeway frontage 5. Buildi~g coverage 13. Maximum reflectance of 6. Building Envelope windows 7. Crown spread/drop line 14. Open space vs. coverage 8. Duplex (stacked & side by side) Other Site Characteristics: 9. Full cut off light fixture 10 . Fully shielded from view 1. Merger of non-standard lots 11 . Fully shielded light fixture 2. Examples of open space 12 . Glare? design characteristics, what 13 . Height (redo existing) does and does not count as 14 . Light trespass open space 15 . Lot frontage 3. Fence/wall requirements 16 . Mound 4. Lots in two or more zones 17 . Parking lot landscaping- 5. Mobile home setbacks interior 6. Maintenance easements 18 . Setback (front, side, rear, 7. Sight triangles etc.) 8. Parking area design, includi~g 19 . Story location, alley access, 20 . Streetscape driveways, aisles, stalls, 21 . Understory Planting vehicle overhang, angles, 22 . Yard, front, rear, side, etc. options, handicapped spaces 9. Landscaping areas, locations, Bulk/Form Standards: dimensions, plant sizes and coverage, street and alley 1. Rectangular and odd-shaped trees, irrigation requirements, lots (setbacks) options 2. Corner side adjacent to street 10. Permitted use/encroachment of setback matchi~g easements and reservation 3. Permitted setback areas encroachments - eaves, window 11. Lighting design - height, wells, stairs (if applicable), front uniformity, architectural up-lighting, porches, fully cantilevered prohibited lighting, etc.(sample of a balconies simple light plan, manufactures 4. Front setback averaging sheet, etc.) 5. Building step-back with height, front and side Anything else? 6. Corner massing requirement (downtown?) 7. Accessory building coverage, of lot and in rear setback 8. Floor area ratio calculation Hgenda Item q_ _ (,~ _._ Page ~~~___