8296 - AMENDING Title 9, “Land Use Code,” B.R.C. 1981, to preserve commercial retail uses in the Business Community – 1 (BC-1) and Business Community -2 (BC-2) zoning districts by restricting residential and other ground floor uses and setting forth rela 1 ORDINANCE 8296
2 AN EMERGENCY ORDINANCE AMENDING TITLE 9,"LAND
USE CODE," B.R.C. 1981, TO PRESERVE COMMERCIAL
3 RETAIL USES BY RESTRICTING OTHER GROUND FLOOR
USES IN THE BUSINESS-COMMUNITY 1 (BC-1) AND
4 BUSINESS-COMMUNITY 2 (BC-2) ZONING DISTRICTS AND
SETTING FORTH RELATED DETAILS.
5
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 01' BOULDER,
6
7 COLORADO:
8 Section 1. Section 9-2-1, "Types of Reviews," B.R.C. 1981, is amended to read as
9 follows:
10 9-2-1. - Types of Reviews.
11 (a) Purpose: This section identifies the numerous types of administrative and development review
12 processes and procedures. The review process for each of the major review types is
summarized in Table 2-1 of this section.
13 (b) Summary Chart:
1 TABLE 2-1: REVIEW PROCESSES SUMMARY CHART
•
15 I. ADMINISTRATIVE II. ADMINISTRATIVE III. DEVELOPMENT
REVIEWS REVIEWS- REVIEW AND BOARD
16 CONDITIONAL USES ACTION
17 Administrative form-based code Accessory Units (Dwelling, Annexation/initial zoning
review Owners, Limited)
18 Building permits BOZA variances
Wireless Communications
19 Change of address Facilities Concept plans
Change of street name Attached Dwelling Units and Demolition, moving, and
Efficiency Living Units in the removal of buildings with
Demolition, moving, and University Hill General potential historic or
removal of buildings with no Improvement District architectural significance, per
historic or architectural Section 9-1 1-23, "Review of
23 significance, per Section 9-11- Bed and Breakfasts Permits for Demolition, On-
23, "Review of Permits for Site Relocation, and Off-Site
24 Demolition, On-Site Relocation, Cooperative Housing Units Relocation of Buildings Not
and Off-Site Relocation of I Designated," B.R.C. 1981
25 Buildings Not Designated," Daycare Centers
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1 B.R.C. 1981 Form-based code review
Detached Dwelling Units with
Easement vacation Two Kitchens
Landmark alteration
Extension of development Drive-Thru Uses certificates other than those
approval/staff level that may be approved by staff4
�
Group Home Facilities per Section 9-11-14, "Staff
5 Landmark alteration certificates Review of Application for
(staff review per Section 9-11- Home Occupations Landmark Alteration
6 14, "Staff Review of Certificate," B.R.C. 1981
Application for Landmark 1Manufacturing Uses with Off-
7 Alteration Certificate," B.R.C. !Site Impacts Lot line adjustments
1981)
8 ,Medical or Dental Clinics or Lot line elimination
Landscape standards variance Offices or Addiction
9 Recovery Facilities in the Minor Subdivisions
Industrial General Zoning
10 Minor modification to approved District near the Boulder Out of city utility permit
11 site plan Community Health Foothills
Campus 'Rezoning
12 Minor modification to approved
form-based code review Neighborhood Service Site review
1 ; Centers
Subdivisions
14 Nonconforming use (extension, I Offices, Computer Design and ? I
change of use (inc. parking)) Development, Data Use review
15 Processing,
Parking deferral per Subsection !Telecommunications, Medical Vacations of street, alley, or
16 9-9-6(e), B.R.C. 1981 or Dental Clinics and Offices, access easement
or Addiction Recovery
17 Parking reduction of up to fifty Facilities in the Service
18 percent per Subsection 9-9-6(f), !Commercial Zoning Districts
B.R.C. 1981
Recycling Facilities
19 Parking reductions and
20 modifications for bicycle Religious Assemblies
parking per Paragraph 9-9-
21 6(g)(6), B.R.C. 1981 Residential Care, Custodial
Care, and Congregate Care
22 Parking stall variances Facilities
2 Public utility 'Residential Development in
Industrial Zoning Districts
24 Rescission of development
approval
25
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1 Revocable permit Residential Uses in the MU-3
Zonin. District Frontin. Pearl
Right of way lease Street
Setback variance
Restaurants, Brewpubs, and4
Site access variance Taverns
Solar exception Sales or Rental of Vehicles on
6Lots Located 500 Feet or Less
Zoning verification from a Residential Zoning
7 District
8 Service Stations
9 Shelters (Day, Emergency,
Overnight, temporary)
]0
Temporary Sales
11
1 Transitional Housing
13
Certain Uses in BC Areas
designated in Appendix N
14 — —
1 5 Section 2. Section 9-6-1 "Schedule of Permitted Land Uses," B.R.C. 1981, and that
16 portion of Table 6-1 labeled "Use Table" related to the BC-1 and BC-2 zones in Section 9-6-1,
17 "Schedule of Permitted Land Uses," B.R.C. 1981, is amended as follows:
18 9-6-1.- Schedule of Permitted Land Uses.
19 The schedule shows the uses which are permitted, conditionally permitted, prohibited, or which
20 may be permitted through use review pursuant to Section 9-2-15, "Use Review," B.R.C. 1981.
(a) Explanation of Table Abbreviations: The abbreviations used in Table 6-1 of this section have
21 the following meanings:
22 (1) Allowed Uses: An "A" in a cell indicates that the use type is permitted by right in the
respective zoning district. Permitted uses are subject to all other applicable regulations of
23 this title.
24 (2) Conditional Uses: A "C" in a cell indicates that the use type will be reviewed in
accordance with the procedures established in Section 9-2-2, "Administrative Review
25 Procedures," B.R.C. 1981. Conditional use applications shall also meet the additional
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standards set forth in Sections 9-6-2 through 9-6-109, B.R.C. 1981, for "Specific Use
Standards," or other sections of this title.
(3) Use Review Uses: A "U" in a cell indicates that the use type will he reviewed in
accordance with the procedures established in Section 9-2-15, "Use Review," B.R.C.
1981. Use review applications shall also meet the additional standards set forth in
4 Sections 9-6-2 through 9-6-109, B.R.C. 1981, for "Specific Use Standards."
(4) Ground Floor Restricted Uses: A "G" in a cell indicates that the use type is permitted by
5 right in the respective zoning district,so long as it is not located on the ground floor facing
6 a street, with the exception of minimum necessary ground level access, otherwise by use
review only.
7 (5) Residential Restricted Uses - M: An "M" in a cell indicates the use is permitted,provided
at least fifty percent of the floor area is for residential use and the nonresidential use is
8 less than seven thousand square feet per building, otherwise by use review only.
9 (6) Residential Restricted Uses - N: An "N" in a cell indicates the use is permitted, provided
at least fifty percent of the floor area is for nonresidential use, otherwise by use review
10 only.
(7) Prohibited Uses: An asterisk symbol ("*") in a cell indicates that the use type is prohibited
11 in the zoning district.
12 (8) Additional Regulations: There may be additional regulations that are applicable to a
specific use type. The existence of these specific use regulations is noted through a
1 3 reference in the last column of the use table entitled "Specific Use." References refer to
subsections of Sections 9-6-2 through 9-6-1.09, B.R.C. 1981, for "Specific Use
14 Standards," or other sections of this title. Such standards apply to all districts unless
otherwise specified. Uses located on a lot or parcel designated in Appendix L, "Form-
15 Based Code Areas," are subject to the requirements of this chapter, but may also be
16 subject to additional use regulations pursuant Appendix M, "Form-Based Code."
(9) n/a: Not applicable; more specific use applications apply.
17 (b) Interpretation: The city manager may decide questions of interpretation as to which category
18 uses not specifically listed are properly assigned to, based on precedents, similar situations,
and relative impacts. Upon written application, the BOZA may determine whether a specific
19 use not listed in Table 6-1 of this section is included in a specific use category. Any use not
specifically listed in Table 6-1 of this section is not allowed unless it is determined to be
20 included in a use category as provided by this section.
(c) Multiple Uses of Land Permitted: Permitted uses, conditional uses, and uses permitted by use
review may be located in the same building or upon the same lot.
22 (d) Use Table:
23 TABLE 6-1: USE TABLE
24
25
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1 Zoning District BC-1, BC-2
7
Use Modules B3 Specific Use Standard
Form Based Code Areas
4Uses ! Appendix M
5 — —
Residential Uses
6
9-8-4
7 Detached dwelling units ! AC 9-6-3(j)
9-6-10
Detached dwelling unit with *
9 two kitchens 9-6-3(b)
10 -
9- 4
11 Duplexes AC 9-63(J)
9-6-10
1 9-8-4
Attached dwellings AC
13 9-6-3(j)
9_6-1-0
14 Mobile home parks *
15 -- 9-8-4
Townhouses AC
16 9-6-3(h)
9-6-10
17 Live-work
18
Attached dwelling units
19 outside of the University Hill j n/a
general improvement district
20
Attached dwelling units and
21
efficiency living units in the
2? University Hill general n/a 9-6-3(i)
improvement district
23
24 Ltfciency living units outside of the University Hill general improvement district:
25
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1 Zoning District BC-1, BC-2
.-) .
Use Modules B3 Specific Use Standard
3 1
A. If<20')/0 of total units AC 9:6-10 I
1
4
5 B. if>20%of total units U 9-6-1 0
6 Accessory units:
A. Accessory dwelling unit , * 9-6-3(a) 1
8 !
-!--
B. Owner's accessory unit * 9-6-3(a)
9
---,
10
C. Limited accessory unit 1 * 1 9-6-3(a)
1 1
•
1 1 Caretaker dwelling unit *
1 2 Group quarters:
13 —
A. Congregate care facilities ' AC i 9-3-2(i)
_
14 ! 9-6-3(e)
B. Custodial care U
1 5 9-6-3(e)
16 C. Group homes C 9-3-2(i)
9-6-3(c)
17
D. Residential care facilities ! C 9-6-3(e)
18 .
,
E. Fraternities, sororities and
19 AC 9-3-2(i)
dormitories
9-6-10
20 ,-- ! _
F. Boarding houses AC
9-6-10
21
Fraternities, sororities,
22
dormitories, and boarding
23 houses outside the University n/a
Hill general improvement
24 district
25
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1 Zoning District BC-1, BC-2
2
Use Modules B3 Specific Use Standard
3
Fraternities, sororities, j
4
dormitories, and boarding
5
houses in the University Hill n/a
general improvement district
6
Home occupation C 9-6-3(d)
7
8 Transitional housing C 9-6-3(g)
9 Dining and Entertainment _ JI
10
Art or craft studio space
11 <2,000 square feet
1 2
Art or craft studio space A
13 >2,001 square feet
14 Breweries, distilleries or
wineries <15,000 square feet * 9-6-5(b)(3.5)
15
and with a restaurant
16 —
Breweries, distilleries or
17 wineries <15,000 square feet
1 and without a restaurant
J
19 Breweries, distilleries or
wineries with or without a * 9-6-5
20 restaurant>15,000 square (b)(3.5)
I feet
22 Commercial kitchens and
catering
"4 Indoor amusement
establishment
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1 Zoning District BC-1, BC-2
Use Modules B3 Specific Use Standard
4 Mobile food vehicle on C 9-6-5(d)
private property
5
Mobile food vehicle on * 9-6-5(d)
6 public right-of-way
Museums AC 9-6-10
8
Restaurants (general) n/a 9-6-5(b)
9
1 0Restaurants, brewpubs, and
taverns no larger than 1,000
11 square feet in floor area,
which may have meal service
1 n/a
on an outside patio not more
13 than 1/3 the floor area, and
which close no later than 11
14 p.m.15
Restaurants, brewpubs, and
16 taverns outside the
University Hill general
17 improvement district -no
1 lar8ger than 1,500 square feet I A 9-6-5(b)
in floor area, which may
19 have meal service on an
outside patio not more than
20 1/3 the floor area, and which
1 close no later than 11 p.m.
22 Restaurants, brewpubs, and
taverns over 1,000 square n/a
feet in floor area, or which
24 close after 11 p.m., or with
25
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1 Zoning District BC-1, BC-2
Use Modules B3 Specific Use Standard
an outdoor seating area of
1 300 square feet or more
Restaurants, brewpubs, and
6 taverns outside of the
University Hill general
7
improvement district that are: ! A
8 over 1,500 square feet in
floor area or which close
9 after 1 1 p.m.
10 — --
Restaurants, brewpubs, and
1 1 taverns in the University Hill n/a 9-6-5(b)(2)
general improvement district
1
13
Restaurants, brewpubs, and
taverns with an outdoor
14 seating area of 300 square
feet or more within 500 feet
15 of a residential zoning
16 district
1 7 Small theater or rehearsal
18 space
19 Taverns (general) n/a
20 --
Temporary outdoor C 9-6-5(c)
21 entertainment
I I
22 Lodging uses:
Hostels A* 9-3-2(i)
?4 -J
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1 Zoning District BC-1, BC-2
Use Modules B3 Specific Use Standard
Bed and breakfasts * 9-3-2(i)
9-6-5(a)
Motels and hotels A* 9-3-2(i)
6
Public and Institutional Uses
7
8 Airports and heliports
9-3-2(i)
9 Cemeteries
10
Daycare, home *
11
Daycare center with<50
12
children or adults (excluding A 9-3-2(i)
13 employees) 9-6-6(a)
14 Daycare center with>50
children or adults (excluding A 9-3-2(i)
1.5
employees) 9-6-6(a)
Ili
Day shelter C 9-6-6(b)
17
18 Emergency shelter C 9-3-2(i)
9-6-6(b)
19 Essential municipal and AC 9-3-2(i)
20 public utility services — 9-6-10
21 Governmental facilities AC 9-3-2(i)
9-6-10
22
Mortuaries and funeral
23 chapels
24 Nonprofit membership clubs A
25
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1 Zoning District BC-1, BC-2
Use Modules B3 i Specific Use Standard
Overnight shelter ' C 9-3-2(i)
4 9-6-6(b)
i Private elementary,junior
A
and senior high schools 9-3-2(i)
6
Public elementary,junior and I A
senior high schools 9-3-2(i)
ti
Public colleges and A
universities
10
Private colleges and j
A
11 universities
11' Public and private office uses
13 providing social services AC 9-6-10
14 Religious assemblies A
1
Adult educational facility
16 with <20,000 square feet of AC 9-6-10
floor area
17
• r
18 Adult educational facilities
with >20,000 square feet or AC 9-6-10
19 more of floor area
20
i
Vocational and trade schools AC 9-6-10
71
Office,Medical and Financial Uses
22
23 Data processing facilities AC ,—
, 9-6-7
9-6-10
24 Financial institutions AC 9-6-7
25 ! 9-6-10
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1 Zoning District BC-1, BC-2
Use Modules B3 Specific Use Standard
3
Hospitals *
4 9-3-2(i)
Medical or dental clinics or
9-3-2(i)
offices or addiction recovery AC 9-6-7
6 facilities 9-6-10
7 .-----------___.____-_-
Medical and dental AC
8 laboratories — 9-6-10
9 Offices, administrative AC 9-6-7
9-6-10
10
Offices, professional AC 9-6-7
11 9-6-10
12 Offices, technical; with
<5,000 square feet of floor AC 9-6-7
13 area 9-6-10
14 Offices, technical; with
15 >5,000 square feet of'floor AC 9-6-7
area 9-6-10
16
17 Offices - other AC 9-6-7
9-6-10
18 Parks and Recreation Uses
19
Camp-
*
20 grounds
21 Outdoor entertainment U
Park and recreation uses A
23
Indoor recreational or A
24 athletic facilities
25
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1 Zoning District BC-1, BC-2
Use Modules B3 Specific Use Standard
Commercial, Retail and Industrial Uses
4
Service Uses:
6 Animal hospital or veterinary A
clinic
7
R Animal kennel U
9 Broadcasting and recording
AC 9-3-2(i)
10 facilities 9-6-10
11 Business support services
AC 9-6-10
<10,000 square feet
12
13 Business support services AC
>10,000 square feet = 9-6-10
14
Industrial service center
15 9-6-9(j)
16 Non-vehicul-
ar repair and rental services U
17 without outdoor storage
1
Neighbor- * j
19 hood business center 9-6-9(f)
20 Personal service uses A
21 — —
Wireless commu-
22 nications C
23 facilities 9-6-9(a)
24 Retail Sales Uses:
25 --
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1 Zoning District BC-1, BC-2
Use Modules B3 Specific Use Standard
5
Accessory sales C 9-16
4
Convenience retail sales
_2,000 square feet A
6
Convenience retail sales A
>2,000 square feet
8
Retail fuel sales (not
9 including service stations) C 9-6-9(d)
10 -- - -_--
Retail sales<5,000 square A
11 feet
1 Retail sales>5,000 square
A
13 feet but<20,000 square feet
14 Retail sales >20,000 square
feet
15
16 Building material sales
<l5,000 square feet of floor
17 area
Building material sales
19 >15,000 square feet of floor , U
area
20
21 Temporary sales C 9-6-5(c)
22 Vehicle-Related Uses:
23 - -
Automobile parking lots,
24 garages or car pool lots as a AC 9-6-9(b)
principal use 9-6-10
25
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1 Zoning District j BC-1, BC-2
Use Modules B3 Specific Use Standard
Car washes U
4
5 Drive-thru uses U 9-6-9(c)
6 Fuel service stations or retail C 9-6-9(d)
fuel sales
7
8 Sales and rental of vehicles U
9 Sales and rental of vehicles
10 within 500 feet of a U 9-6-9(i)
residential use module
11
1 Service of vehicles with no
outdoor storage
1
Service of vehicles with
1 limited outdoor storage
Industrial Uses:
16
Building and landscaping .
1 7contractors
18
Cleaning and laundry plants *
1 9
Cold storage lockers *
20
1 Computer design and
development facilities C 9-6-7(a)
9--6-16-1 0
Equipment repair and rental U
with outdoor storage
24
Lumber yards
25
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1 Zoning District BC-1, BC-2
Use Modules B3 Specific Use Standard
Manufactur-
ing uses<l5,000 square feet
5
Manufactur-
*
6 ing uses >15,000 square feet
Manufactur-
g ing uses with potential off- * 9-6-9(e)
site impacts
9
1 U Outdoor storage *
11 Outdoor storage of
merchandise 9-6-9(g)
1 -1
13 Printers and binders
14 Recycling centers
15
Recycling collection
16 facilities - large 9-6-9(h)
17 Recycling collection
18 facilities - small 9-6-9(h)
O
19 Recycling processing *
facilities 9-6-9(h)
20
21 Self-service storage facilities
22 Tciccommun-
AC 9-6-10
23 ications use —
24 Warehouse or distributions *
facilities
25
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1 Zoning District BC-I, BC-2
2 —_—Use Modules B3 Specific Use Standard
3
Wholesale business *
4
5 Agriculture and Natural Resource Uses
6 Open space, grazing and ( *
pastures
7
8 Community gardens C 9-6-4(a)
9 Crop production
10 i
Mining industries
11
Firewood operations
12
13 Greenhouse and plant *
nurseries
14
Accessory
.5
16 Accessory buildings and uses A 9-16
17
A: Allowed use.
18
19 C: Conditional use. See Section 9-2-2 for administrative review procedures.
20 *: Use prohibited.
21 U: Use review. See Section 9-2-15 for use review procedures.
22 G: Allowed use provided that it is not located on the ground floor facing a street, with the
exception of minimum necessary ground level access, otherwise by use review only.
23
M: Allowed use provided at least 50%of the floor area is for residential use and the
24 nonresidential use is less than 7,000 square feet per building, otherwise use review.
25
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1 N: Allowed use provided at least 50% of the floor area is for nonresidential use, otherwise by use
review.
n/a: Not applicable; more specific use applications apply.
3
4 Section 3. Section 9-6-3, "Specific Use Standards— Residential Uses," B.R.C. 1981, is
5 amended by adding the following paragraphs:
6 9-6-3. — Specific Use Standards—Residential Uses.
7
8 (c) Group Home Facilities: The following criteria apply to any group home facility:
9 . . .
10 (5) Groujhorne uses allowed in the BC-1 and BC-2 districts shall not be located on the
ground floor,with the exception of minimum necessary ground level access. The use may
11 be located on the .round floor onl if a roved •ursuant to Section 9-2-15, "Use
Review," B.R.C. 1981. In addition to meeting the use review criteria,the applicant shall
12 demonstrate that the use on the ground floor will not adversely affect the intended
function and character of the area as a neighborhood serving business area where retail-
1 3 type storespredominate. In determinin_ whether this criterion is met, the reviewing
authority shall consider the location and design of the proposed use and the existing and
14 approved uses on the property and in the area.
15 • • •
(e) Residential Care, Custodial Care and Congregate Care Facilities: The following criteria
16
apply to any residential care facility, custodial care facility or congregate care facility:
17
18 (4) In the BC-1 and BC-2 districts, the use shall not be located on the ground floor, with the
19 exception of minimum necessary ground level access. The use may be located on the
ground floor only if approvedpursuant to Section 9-2-15, "Use Reyiew," B.R.C. 1981.
20 In addition to meeting the use review criteria, the applicant shall demonstrate that the use
on the ground floor will not adversely affect the intended function and character of the
21 area as a neighborhood serving_business area where retail-type stores predominate.- In
determining whether this criterion is met, the reviewing authority shall consider the
22 location and design of the proposed use and the a existing and approved uses on the
property and in the area.
23
24
(g) Transitional Housing: The following criteria apply to any transitional housing facility:
,5
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1 (1) Density: The maximum number of dwelling units with transitional housing facility shall
he the same as is permitted within the underlying zoning district, except that for any
2 zoning district that is classified as an industrial zoning district pursuant to Section 9-5-2,
"Zoning Districts,"B.R.C. 1981,the number of dwelling units permitted shall not exceed
3 one dwelling unit for each one thousand six hundred square feet of lot area on the site.
4 (2) Occupancy: No person shall occupy such dwelling unit within a transitional housing
facility except in accordance with the occupancy standards set forth in Section 9-8-5,
"Occupancy of Dwelling Units," B.R.C. 1981, for dwelling units.
(3) Parking: The facility shall provide one off-street parking space for each dwelling unit on
f' the site. The approvinauthority may grant a parking deferral of up to the higher of fifty
percent of the required parking or what otherwise may be deferred in the zoning district
7
if the applicant can demonstrate that the criteria set forth in Subsection 9-9-6(e), B.R.C.
1981, have been met.
14) No Ground Floor: In the BC-1 and BC-2 districts. the use shall not be located on the
9 ground floor, with the exception of minimum necessary ground level access. The use
1 0ma be located on the round floor onl if a.'roved .ursuant to Section 9-2-15, "Use
Review," B.R.C. 1981. In addition to meeting the use review criteria,the applicant shall
1 1 demonstrate that the use on_the ground floor will not adversely affect the intended
function_and_character of the area as a neighborhood serving business area where retail-
12 type stores predominate. In determining whether this criterion is met, the reviewing
authority shall consider the location and design of the proposed use and the existing.and
1 ; approved uses on the prop_erty_and in the area.
14
Section 4. A new Section 9-6-10, "Specific Use Standards for Business Community
15
Areas Designated in Appendix N," B.R.C. 1981, is added to read:
16
9-6-10.—Specific Use Standards for Business Community Areas Designated in Appendix N.
17
(a) In the BC zoning districts,detached dwelling units,duplexes,attached dwellings,townhouses,
18 efficiency living units, fraternities, sororities, dormitories, boarding houses, museums,
essential municipal and public utility services, governmental facilities, public and private
19 office uses providing social services,adult educational facilities,vocational and trade schools,
/0 data processing facilities, financial institutions, medical or dental clinics or offices, addiction
recovery facilities, medical and dental laboratories, administrative offices, professional
I offices, technical offices, offices — other, broadcasting and recording facilities, business
support services, computer design and development facilities, telecommunication uses, and
22 automobile parking lots, garages or car pool lots as a principal use are permitted by right,
provided that, if the use is located within an area designated in Appendix N "Business
23 Community (BC) Areas Subject to Special Use Restrictions," the use is a conditional use,
unless in a use review process, and the following conditional use standards apply:
24
(1) The use shall not be located on the ground floor, with the exception of minimum
necessary ground level access.
25
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(2) The combined floor area of any non-residential uses subject to this section shall be
limited to ten percent of the total floor area on the lot or parcel except that if the use is
2 located within an approved site review or planned unit development, the combined
floor area of any non-residential uses subject to this section shall be limited to ten
3 percent of the total floor area within the boundaries of the site review or planned unit
development approval.
4
(3) A principal use of automobile parking lot or garage shall be a park and ride facility.
5 (4) The standards of paragraphs (1), (2), and (3) do not apply if the use is approved
pursuant to Section 9-2-15, "Use Review," B.R.C. 1981. In addition to meeting the use
6 review criteria, the applicant shall demonstrate that the use on the ground floor or with
a combined floor area larger than ten percent of the total floor area, as applicable, will
not adversely affect the intended function and character of the area as a neighborhood
8 serving business area where retail-type stores predominate. In determining whether this
criterion is met, the reviewing authority shall consider the location and design of the
9 proposed use and the existing and approved uses on the lot or parcel and in the area.
10 Section 5. Section 4-20-43, "Development Application Fees," B.R.C. 1981, is amended
11 and a new subparagraph (b)(21) is added (below the fee for an applicant for a group home
12 facility) and subsequent subparagraphs are renumbered, to read:
13 Section 4-20-43.- Development Application Fees.
14
15 (b) Land use regulation fees:
16
(21)An applicant for a conditional use in a BC zoningdistrict pursuant to Section 9-6-102
1 7 "Specific Use Standards for Business Community Areas_Designated in Appendix N,"
B.R.C. 1981 _ .$274
18
19 Section 6. The Council adopts Attachment A titled"Appendix N— Business Community
20 (BC) Areas Subject to Special Use Restrictions," as an amendment to Title 9, "Land Use Code,"
21 B.R.C. 1981.
22 Section 7. This ordinance shall apply to any building permit applied for after October 16,
23
2018. Any project for which a complete site review or technical document review application
24
has been submitted to the city prior to October 16, 2018, that proposes a use in the BC-1 or BC-2
25
zoning district inconsistent with the provisions of this ordinance will be permitted to establish the
K:\PLCU\o-8296-4th Rdg-.docx
1 proposed use under the use standards of Chapter 9-6, "Use Standards," B.R.C. 1981, in effect at
2 the time the site review or technical document review application was submitted. Technical
document review applications are administrative in nature and the application date shall be the
4 date that the fee required by Section 4-20-43, B.R.C. 1981, has been paid. Such applicants shall
S be required to pursue such development approvals and meet all requirements deadlines set by the
6 city manager and the Boulder Revised Code necessary to establish the proposed use. The
7
applications for such project shall demonstrate compliance with all applicable laws. Any failure
8
to meet requirements of the city manager or this ordinance will result in a denial of such
9
application. Any subsequent application shall meet the requirements in place at the time of the
10
application.
11
Section 8. The immediate passage of this ordinance is necessary for the preservation of
12
1 the public peace, health, or property. The council declares this to be an emergency measure due
14 to the need to prevent development inconsistent with this ordinance and the Boulder Valley
15 Comprehensive Plan that would displace commercial retail uses in the BC-zoned areas
16 designated in Appendix N and adversely affect the intended function and character of those
17 areas. Therefore, this ordinance is hereby declared to be an emergency measure, and as such
18 shall be in full force and effect upon its passage.
19 Section 9. The city council orders the city manager to adjust, as necessary, formatting
20
and numbering conventions of this ordinance to be inconsistent with the current Boulder Revised
21
Code.
22
Section 10. This ordinance is necessary to protect the public health, safety, and welfare
23
of the residents of the city, and covers matters of local concern.
24
25
K:\PLCLAo-8296-4th Rdg-.docx
Section 11. The city council deems it appropriate that this ordinance be published by title
2 only and orders that copies of this ordinance be made available in the office of the city clerk for
3 public inspection and acquisition.
4
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
6 TITLE ONLY this 16th day of October 2018.
7 C-�
8 �J !
kMaffe Joies
9 Mayor
Attest:
10
11
Lynnet eck
12 City Clerk
13 READ ON SECOND READING, AMENDED AND PASSED this 18th day of December
14 2018.
15
16
17
Suzanne Jones '
18 Mayor �----'
Attest:
19
Lynn
21 City Clerk
22
23
24
h: 1'1 CU\o-8296-4th Rdg-.docx
READ ON THIRD READING,AMENDED AND PASSED this 15th day of January 2019.
3
4 Suzanne Jones )
Mayor -
-
5 Attest:
h
Lynnette ck
8 City Clerk
9 READ ON FOURTH READING, AMENDED, PASSED AND ADOPTED AS AN
10
EMERGENCY MEASURE BY TWO-THIRDS COUNCIL MEMBERS PRESENT this 5th day
11
of February 2019.
12
14
uzanneJones
15 Mayor
Attest:
16
17
18 Lynnette ck
City Clerk
19
20
21
22
24
-15
K:'PLCU10-8296-4th Rdg-.docx
Appendix N - Business Community (BC) Areas Subject to
Special Use Restrictions
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Ln
N
Linden A
Kalmia Av Independence Rd
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N p
LL
O -/ Valmont Rd
N iii
Balsam Av LL o
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L
90.9'11 �n
iMupleton Av'
Pearl gt
.Nce St
\\\
die k''t Gan on 8v
liraI Arapahoe Av _
t
unr,.ryy n
r., College Av
Colorado Av
rn
\, ` Baseline Rd
rY
pc(,<S6,
a..`6,
Sioux Dr
.y
4111 Boulder Rd
sad
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di
16Q
a
r id 4 &
Business Community Areas Subject to Special Use Restrictions
City Limits
1 1