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1965 AMENDING BRC SUPPLEMENT NO. 015 - JULY, 1980SUPPLEMENT NO. 15, 7-1-80 REVISED CODE City of BOULDER, COLORADO Looseleaf Supplement This Supplement contains all ordinances deemed advisableto be included at this time through: Ordinance No.4512, enacted July l, 1g80. See Code Comparative Table, pase 874-207. Remoae old, pages vii, viii Insert new pa,ges vii, viii [1] through t5l t11l 36-1 53 through 56-1 6g-3, 6g-4, 6g-5 69 through 74Lzl, L22, 722-0L t22-5, t22-6 L25 455, 456 507, 508 511 through 516-2 525 through 528-10 537, 539, 539 54L 656-5 through 656-8 666-1 67t, 672 677 through 690-2.1 691, 692, 692-L 695, 696 704-L, 704-2 706-3, 706-4 709 through 712.1 775, 716, 716-7 718-3 throueh 725 726-5, 726-6, 726-6.1 740-1 throueh 740-21 747, 749 1l through [].01 111 6-1 t t 3 53 through 56 68-3, 6g-4, 6g-5 69 through 74 Lzl, 722, 722-0L L22-5, 722-6 125 455, 456 507, 509 510-1 through 516-1 525 through 528-6 537, 539 539 656-5 throueh 656-8 666-1 67t, 672 677 through 690-2 691, 692 695, 696 704-t, 704-2 706-3 709 through 712 7L5, 7t6 719 through 726 726-5, 726-6 740-1 throush 740-L9 747 Note-For checklist of up-to-date pages in Code, see page [1] following Table of Conterrts INSTRUCTION SHEET-Cont'd. 837 through 840 843 through 845 846-7, 846-8 874-L5, 874-16 874-46.L 87 4-L23, 87 4-124, 87 4-124.1 874-205 Index pages Green- 975 through 987 837 through 840 842-1 through 845 846-7, 846-8 874-15, 874-16 874-46.1 87 4-129, 87 4-L24, 87 4-124.1 87 4-205, 87 4-206, 87 4-201 Index pages Green- 975 through 989 Insert this instruction sheet in front of volume. File deleted pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida December, 1980 CHAPTER TABLE OF CONTENTS PART II THE CODE General Provisions Administration Alcoholic Beverages Animals and Fowl Buildings ,--- - lawful Courts and ConfinementsStorm Drainage and Flood Control Regulations Elections Fire Department Fire Prevention (repealed) Food and Food Establishments Gam Refuse,use Haulers, and Weeds -Telephone Utility Occupation Tax Licenses Local Improvements Milk Minors Motor Vehicles anJ i;aiii"- *_:- -_ Miscellaneous Offenses PAGE I. II.III. rv. v.vI. 69 7l 91 103 72\ 161 163 229 235/241 243 275 277 291 293 9.)0o20 379 405 409 507 525 Discrimination in Housing, Employ- ment and Public Accommodations Un- VII.VIII. L27 t29 IX. x.xI. XII. XIII.xrv. xY.xvr. XVII.XvIII. xrx.xx.xxI. XXII. XXIII. xxIv.xxv.xxvI.xxvlI. XXVIII.xxrx.xxx.xxxI.xxxII. XXXIII.xxxrv. larkq, Recreation and Open Space ____Plumbing and Mechanical Codes-Li- Television (repealed) - ____ censing Poles and Wires ----Police - --- - -:--- --,- - --,------- -- - ----------- -Public Amusements Radio and Railroads Rodent Control Secondhand and Junk Dealers Streets and Sidewalks -- _____,,-___ Subdivisions Taxicabs and Other Vehicles for Hire Trees, Plants and Shrubs 541 543 549 557 563 565 Db'J 575 579 609 615 623 vll Supp. No. 15, 7-1-80 CHAPTER XXXV. Water and Sewers XXXVI. Weaponsxxxvll.xxxvIII.xxxrx. xL. XLI. XLII. XLIII. XLIV. xLv. XLVI. PAGE 629 665 669 777 797 801 847 /84s 861 865 874-t 874-15 Zoning Mobil6 Homes u"a nnorli" H;61t"k; Airports -------- Sales and Use Tax Electricity Pawnbrokers Traffic Engineering ---- Ambulance Service Housing General Facilities Code --- XLYII. XLVIII. XLIX. The Code Public Improvements and Public Accommodations Tax Sign Code Tax Refund ProgramL. Admissions TaxLI. Historic Preservation Code 874-47 874-67 874-7L 874-L23 874-L25 874-L29 874-201Code Comparative Table - INDICES The Charter 875 885 975Supplemental Code Index Supp. No. 15, 7-1-80 vlll Checklist of Up-to-Date Pages From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly refleets the latest printing of each page. In the first column all page numbers are listed in sequenee. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Title page Certificate of City Clerk Certificate of Committee on Code Revision Prefacei, iiiii, iv 9, 10 11-12-1 13-26 27, 2g 29-34 Supp. No. OC OC OC OC OC 2-t5-72 L- 4-77 7- 1-80 7- 1-80 7- 1-80 OC 7- 7-74 OC t-20-76 7- 7-74 OC 8- 2-77 OC Page No. 35, 36 36-1 37-40 4t-42-1 43-52 53-56-1 57, 58 59, 60 61-66 67-68-2 68-3-68-5 69-74 75-76-r 77-82 82-1, g2-2 83, 84 85, 86 87-88-1 89-90-6 90-7, g0-8 90-9-90-11 Supp. No. 2-15-72 7- 1-80 OC 2-L5-72 OC 7- 1-80 OC t-20-76 ocr- 4-77 7- 1-80 7- 1-80 7-11-78 3-15-74 7-tL-78r- 4-77 OC !7-22-77 3-t5-74 7-10-79 7-7L-78 v, vl vii, viiit1l-t5l t11lL,2 3,45-8 t1l Supp. No. 15, 7-1-80 BOI]LDER CODE Page No. 9L-92-L 93-94-1 95, 96 97-98-3 99, 10O 100-1 101, 102 L02-1, 102-2 103, 104 105-108 109-110-1 111, 112 113, 114 115-116.1 t17-L20 t2l-122-AL L22-l-122-4 t22-5, 122-6 t22-7, 122-8 L23, 124 125 . L27-128-8 129, 130 131, 132-138 139-140-1 LA]., L42 t4B-144-L L45-746-5 147, \48 149-152-2 153-156 157-160 161-162-01 t62-t-162-6 L62-7, L62-8 L62-9-162-ll 163-164-1 165, 166 167, 168 169 229, 230 23t,232 233 235-24r Supp. No. 7-1j-78 L- 4-77 2-15-72 7-Lt-78 3- 1-70 3-L5-74 3-15-74 2-L5-72 7-L0-79 OC 8- 2-77 OC. 7-22-75 7-r0-79 7-rL-?8 7- 1-80 3-L5-74 7- 1-80 8- 2-77 OC 7- 1-80 3-t5-74 3-15-74 2-15-72 7- 1-68, Rev. 3-t5-74 7-22-75,Rev. 3-15-74 7- 1-68, Rev. 2-L5-72 OC 7- 1-67, Rev. 7-t1-78 3-15-74 7-11-78 7-71-78 Lt-22-77 7- 4-77 g-15-74 Lt-22-77 3-15-74 OC 3-15-74 3-L5-74 Page No. 243, 244 245-248 Supp. No. 2-L5-72 OC 7- 1-67, Rev. 3- 1-70 2-L5-72 OC 7- 1-68, Rev. 3- 1-70 OC 7- 1-68, Rev. 7-Lt-78 ?- 1-67, Rev. 3- 1-70 7-tt-78 2-15-72 7- 1-67, Rev. 7-11-78 7-20-76 7-22-75 7-11-78 OC 7-22-75 3- 1-70 OC 2-15-72 3- 1-70 Lt-22-77 7-11-78 LL-22-77 t-20-76 7-20-76 2-15-72 3- 1-70 OC 3- 1-70 OC 7-20-76 7-l]-78 3-t544 7-11-78 t1-22-77 3-15-74 7-11-78 OC 249, 250 250-L 251 253-256 257-258-]- 259-260-L 26t-273 275, 276 217,278 279-282 283,284 285,286 286-1 287-290-2 290-3-290-7 297-292-L 293, 294 295, 296 297-300 301-302 315-316-1 317, 318 819-320-1 321-322-4 322-5, 322-6 322-7-322-12 322-13 323-334 335-336-2 337-377 378-1-378-3 379-386 387-388-1 389-403 405-408 409-414-L 415-418 419-42.0-l 421-422-7 423, 424 424-7, 424-2 425, 426 Supp. No. 15, 7-1-80 121 CHECKLIST OF IIP-TO-DATE PAGES_BOI'LDER Page No. 427, 428 429, 430 431-436 437-438-L 439, 440Ml, 442 449-446 446-L 447, 449 448-l 449, 450 451-454 455, 456 457-458-L 459-462 463, 464 46.5-473 49L, 492 493-500 500-1, 500-2 501, 502 503-506-2 507, 509 509, 510 510-1 511-516-2 517-522 523, 524 624-1, 524-2 524-3-524-6.r 524-7, 524-8 525-528-10 529, 530 531-534 535, 536 537--539 541 543-547 549, 550 551, 552 553, 554 555, 556 556-1, 556-2 556-3, 556-4 556-5 Supp. No. 7-t1-78 7- 1-67, Rev. 3-L5-74 7-LL-78 2-L5-72 7- 1-68, Rev. 7-Ll-78 7-22-75 7-lL-78 3- 1-70 7-rl-78 3-15-74 7- 1-80 1- 4-77 7- 1-68, Rev. 3-L5-74 7-11-78 OCt- 4-77r- 4-77 OCr- 4-77 7- 1-80 ll-22-77 7- 1-80 7- 1-80 3-15-74 7-22-75 1-20-76 7-11-78 Lt-22-77 7- 1-80 7- 1-67, Rev. 3-15-74 7-lL-78 7- 1-80 7- 1-80 OC 7-20-76 r-20-76 7-10-79 7-20-76 7-22-75 Lt-22-77 7-22-76 Page No. 557, 558 7- 559-560-1561,562 7- 563 565-573 575-578 579, 580 581, 582 583-584-1 585-590-3 597, 592 592-l-592-4 593, 594 7- 595-598599-602 7- 603, 604 605-607-1 7- 609-612 613, 614 614-1-614-10 6r4-tt-6t4-L4 6t4-r5-614-22 615, 616 617-621 623-628 628-\, 628-2 628-3-628-5 629-632 632-1-632-3 633, 634 634-L, 634-2 635-637 638-1, 638-2 638-3-638-6 639-642 642-7-642-3 643, 644 645--647 648-1 649-650-2 651-652-1 652-3-652-8 653, 654 655-656-2 656-3, 656-4 supp. Supp. No. 1-68, Rev. 3- 1-70 1-68, Rev. OC OC 7-20-76 7-Lt-78 OC 8- 2-77 7-tL-78 3- 1-70 tt-22-77 1-67, Rev. OC 1-68, Rev. OC 1-68, Rev. 3- 1-70 2-15-72 3- 1-70 2-L5-72 3- 1-70 OC 3- 1-70 7-11-78 3- 1-70 7-11-78 7-t0-79 7-71-78 7-20-76 7-11-78 7-Lt-?8 r- 4-77 7-lL-78 3- 1-70 7-10-79 2-15-72 7-10-79 1-20-76 7-70-79 7-10-79 7-tt-78 OC 3-15-74 7-r0-79 No. 16, 7-1-80 t3l a BOULDER CODE Page No. 656-5-656-8 656-11 657, 658 659-664-3 665, 666 666-1 667, 668 668-1-668-6 669, 670 671, 672 672-\ 673-676 677-694-2.1 690-3-690-6 691-692-1 693, 694 695, 696 697-698-l- 699-704 704-t, 704-2 704-3, 704-4 705-706-2 706-3, 706-4 707,708 709-772-L 7t3, 714 715-7L6-1 717--J7L8-2 7t8-3, 718-4 719-J25 726-t-726-4 726-5-726-6.L 726-7-726-70 727, 728 729-730-2 73L-J40 740-t-J40-21 741, 742 743-746 747, 748 777-796-tt 797, 798 799-800-1 801-808 809-812 Supp. No. 15, 7-1-80 Page No. Supp. No. 813, 814 7-L0-79 815, 816 3- 1-70 817, 818 2-15-72 819, 820 7-70-79820-1 7-22-75821-836 3- 1-70837-840 7- 1-8084t,842 3- 1-70 842-t, 842-2 7- 1-80843-845 7- 1-80 846-1, 846-2 3- 1-70 846-3-846-4.1 7-11-78 846-5, 846-6 3- 1-70 846-7, 846-8 7- 1-80846-8.1 7-7r-78 846-9, 846-10 7- 7-74846-11 3- 1-70847-849 3-15-74 851, 852 0c853-854-1 3- 1-70855-863 0c 865, 866 7- 1-68, Rev.867-868-1 3- 1-70869-874 7- 148, Rev.874-t-874-4 3-15-74 874-5-874-73 L- 4-77 874-\5,874-16 7- 1-80874-16.1 7-70-79 874-17-874-28 3-15-74 874-29-874-30a 7-22-75 874-37-8'.t4-36 3-15-74 874-37-874-38a 7-22-75 874-39, 874-40 3-75-74 874-40a, 874-40b 7-22.-75 874-4r-874-43 7-22-75 874-44a-874-44f 3-15-74 874-45, 874-46 7-L0-79874-46.1 7- 1-80 874-47-874-50 7-10-79 87 4-50.1, 87 4-50.2 7-70-79 874-57-874-58 7-70-79 87 4-58.1, 87 4-58.2 7 -L1-78 874-59-874-66.3 7-10-79 874-67-874-69 2-15-72 874-71, 874-72 3-15-74 Supp. No. 7- 1-80 3-15-74 2-L5-72 7-10-79 2-15-72 7- 1-80 2-L5-72 3- 1-70 7-r0-79 7- 1-80 7-70-79 2-L5-72 7- r.-80 7-L0-79 7- 1-80 7-22-75 7- 1-80 7-L0-79 7-tt-78 7- 1-80 7-L7-78 7-t0-79 7- 1-80 2-15-72 ?- 1-80 7-L1-78 7- 1-80 7-tr-78 7- 1-80 7- 1-80 7-10-79 7- 1-80 7-r0-79 7-17-78 7-10-79 7-1L-78 7- 1-80 2-75-72 7-10-79 7- 1-80 3-15-74 2-15-72 lt-22-77 3- 1-70 7-22-75 t4l CHECKLIST OF UP-TO.DATE PAGES_BOI'LDER Page No. 874-73-874-76 874-77-874-78a 874-79, 874-80 874-87-874-82a 874-83, 874-86a 874-87-874-102a 874-103, 874-t04 874-L05- 874-106.1 874-707- 874-108a 874-109, 974-110 874-1L7- 874-712a 874-113, 874-t74 874-tt5-874-t2L 874-t23- 874-t24.1 Page No 874-L25-874-128 874-129-874-144 874-207, 874-202 874-203, 874-204 874-205-874-207 875, 876 877-883 884-1 885-912 913, 914 915, 916 917-951 953, 954 955-972-2 973 975-989 Supp. No. 2-t5-72 7-22-75 7- 4-77 7-tL-78 7- 1-80 2-L5-72 OC L- 4-77 3-t5-74 OC 2-15-72 3-15-74 2-15-72 3-75-74 2-75-72 7- 1-80 Supp. No. 2-t5-72 3-L5-74 2-75-72 3-15-74 3-t5-74 3-L5-74 2-15-72 11-22-77 3-L5-74 2-75-72 7-22-75 2-L5-72 1L-22-77 7- 1-80 [The next page is [11]l Supp. No. 15, 7-l-80 t5l SUPPLEMENT LISIING The Jollowing !s- a curren! Iist of supplements compiled andprinted for the 1965 Revised Code of th-e City of Boujder. No. l-July 1, 1967 No. 2--July 1, 1968 {o. 3-March 1, 1920 ((2 Supp.)No. rt-February L5, l^tiT? No. 5-March L5,lg74 No. 6-Iuly 7,1974 No. 7-July 22,L975 (2 Supp.) No. S-January 20, 19?6 No. 9-July 20,1976 No. 10-January 4,1977 No. ll-August 2, L977 No. 12-November 22, L977 No. 13-Iuly 11, 1978 No. l4-Iuly 10, 1979 No. l5-July 1, 1980 [1U Supp. No. 15, 7-1-80 to conserve and enhance property values; to preserve theintegrity and character ,it bstabtisti"a- ".Gtf"-t""ii; topreserve scenic views of the mountain backdr6p, which are aulique asset to the community and p"oriae-'a ,iiriirrcii"ucharacter and setting for the "city, uria-*ticf, p"ouia"-u"attlaction to tourists, visitors and itudents of tiie tniue"*iivof..colorado; and to protect a public investment of over -tlrr"u million dollars in the mountain backdrop. (RG:No.-iiu,-S Zl Sec. 84-A. Board of zoning adjustment. There shall be a board of zoning adjustment with suchpowers, iurisdiction and. authority as the city council-rtiuu-nvordinance provide relating to zoning matte"rs. The memLer-ship, terms of office, melhod of ap*pointm"m u"a ,ii oit ""matte.rs relating to the.board of zoning uaj*t-u"t .rrrir [. u. !h_e city co-uncit shatt by ordinance pl"ritG: ?tir,i. "i.rol 5Erg, $ 1, adopted by electorate on Nov. 4,156D - Sec. 84-8. Disposition of park properties. (Repealed, Ord. No. 2892, S 1) The City Attorney Sec. 85. Cityattorney. ^The city attorney shalr be a dury licensed member of the barof colorado. He shall be the regar "advisoi "t itid-J"r*il"aia or THE CHARTER 3Gl Supp. No. 15, 7-1-80 THE CHARTER plete-history of all franchises granted by the city and shallinclude a comprehensive and convenient ieference-to actions,contests or proceedings at law, if any, affecting the same. Secomd: A public utility record, for every person, persons, orcorporation ownilg or-operating any publiC utility-under anyfranchise granted by the city, into i'tiictr shall bri transcribehaccurate and correct copies of each and every franchise qa.nled by the city to s,aid person, persons or coiporation, orwf.i-ch may be controlled,or-acquireil by them or it, togetherwith. copies-of all annual repoits and -inspection r6poits, asherein provided, and such ofher matters of information'andpublic interest as the city manager may from time to timeacquire. All annual. and inspection reports shall be published g.n-ce jn. two (2) daily newspapers of general circuhtion pub_lished in the city,._or prinled and distributed in pamp-h-l"tform, as the council may deem best, and in case ai"uai- r"-p_orts are not filed and_inspections are not made, as provided,the city manager shall in- writing report to th'e coilncii tti,ireasons therefor, which report shall- be transcribed in theyecgld of !!re- person, persons or corporation owning or con-trolling said franchiqe_o1 grant,-and -published in th6 city, orprinte! and distributed in pamphlet fbrm as the council'maydeem best. The provisions of this section shall apply to all persons or -corporations operating under any franchlse now iir force orhereafter granted by the city. Sec. 127. Books of account of city-owned utilities-Examina- tions. . The city, when _owning any_public utility shall keep thebooks of account for such public utility diJtinct ]"orn-ithe"city accounts, and in such manner as [o show tho tiue andcomplete financial result of such- city^ ownership, or ownersiiifpnd operation, as the case may be. Such accoririt. sfratf U"- "okept as to show the actual cost to such city of the publicutility owned; all cost of maintenance, extension and im;";"_ment; .qll operating expenses of every description, in cise ofsuch city operation; the amounts set aside for sin[ins ]unapurposes; if water or other service shall be furnished tlr ttreuse of such citv-or(ne$_ gr -operated public utility wittroutclarge, the account shall show, as nearly as possible. the valueof s-uch- sgrvice, an4 also the varue oi sudh iimitar -se"uice rengered Fy the public utility to any other city departmentwithout charge; such accounts shali show reasbnafiJ-;li;*_ance for interest, depreciation and insurance, and also esti- Supp. No. 15, 7-1-80 53 THE REVISED CODD OF THE CITY OF BOULDER mates of the amount of taxes that would be chargeable ii*i^t such property it oqned -bv a private corporat',g1 Ih" council shall cause to be printed annually for p^ubllc drstrrlDu- tion. a report showing the financial results, in form as arore- ;;ia: ;f ;;;ii;itt owiership or ownership and operation'.The ;;;;i. ;f *;h public utilitv, kept as aforesaid,. shall be e"r*i""d at least bnce a year-6y air expert accountant, who ;ii;ii;-;p"-t-di[; cou""it ihe reiult o.f his examination' Such ;;;;i-;;;rr"tr"i strau re selected .in such manner as the "iil"iii -rV air".t, ura n" shall receive for his services such ;;;ffi;;ti""", to-ii" puid out of the income or revenue from .rct'prtti" udility, asihe council may prescribe' Sec. 128. Free water. No free water service shall hereafter be given to a-ny per- son, persons, firms, corporations,- or institutions whatever oth6rihan the corporate city of Boulder. sec. 128-a. Water not to be supplied to certain described areas; excePtions. The City of Boulder shall not -sup-ply.water for domestic, "o**".irt oi inaustrial uses, to land lying on the westward ;i,i;-;T-ih;-ioito*i"g des*i'5ed line, except as specificallv .tri"a heiein. This provision shall not delr city water^ to areas which *ere a p-art of the city of Boulder on the gff.ec- ti"e arte oi tt is m6asure, July 21-, 1959, no-r- to. taps being iuppfea fv said city in other areas at said effective date, on July 21, 1959. Said line begins at the intersection of contour line of. 5,750 f";t U.^S:--C;;T;gi.rt Sr"rrev datum with the north line of s""ii* so, toit"itiip 1 South, Range 70 West of the -6th Flna*. : -it "rtJ "o"tt "itv along said contour line to the first i;ffii";ti.;n-"oitt of"Baseline Road of this line and the iil;id;i city iimit. as they existed as of Mav 5,. 1959; thence "o"t6 ut"nd the Boulder iity limits- as_ said limits exist-ed as ;?-M;; 5."1959. to the moit northerlv intersection of s-aid citv liririts and Anderson Ditch; thence westerly along Ander- ;il ijiEh iJ ttte western boundarv of Section 36, Townshi-p i-N*ti,, nu"ie 7t West of the 6-ih P.U-.; t]n.e-nc9.due north to ttre niidatelirre of Colorado Highway No. 119-; then-c-e east- "it" uto"s the middle line of said Colorado Highwavlo' 119 io "a poiilt where said middle line - intersects the Farmers iXt.t, I1fru""" northeasterly along the Farmers Ditch to its i"EGA"iil" *ittr ttre BouldLr city limits as they existed as of ivirv A- tbfg ; tlience northerly aiong said Boulder citv limits Supp. No. 15,7-1-80 54 THE CHABTER to their intersection with Alpine Avenue projected westerly; thence easterly on said city limits to a point tSO feet west bfthe center of 3rd Street; ther:ce north to the westward pro-jection of Kalmia Avenue; thence westerly along this pro.jec- tion to its intersection with the contour line of 5,650 feat U.S. -Geological Survey datum; thence northerly on' said contourline 5,650 feet U.S. Geological Survey datrim to its intersec-tion with the north boundary of Section 18, To'vi'nship 1 Ng"t!,, Range 71 West of the 6th P.M.; thence westerly onthis line to its intersection with contour line 5,750 feet-U.S. Geological Survey datum; thence noy.th indefinitely on said contour line 5,750 feet U.S. Geological Survey datum. Provided, however, that notwithstanding the above-statedrestrictions on the supply of water service, city water service can be extended to the following described tract or tracts ofland, if and only if, said tract or tracts of land are used. tocarry. out-the pltrposes and functions of the University Cor-poration for Atmospheric Research, the National Cent-er for Atmospheric Research or the National Science Foundation: Tract No. 1: The west 2,750 feet of Section T, Township 1 South, Range 70 West of the 6th P.M. Tract No. 2: The northeast quarter and the southeastquarter of Section 12, Township 1 South, Range T1 Westof the 6th P.M. Provided further, that city water service can be extendedto the following described tract or tracts of land: Tract A.'Lots 16, l-6.4., L7,\7A,18 and 18A, all in BlockOne, Canon Park .Subdivision, County of Boulder, accord-ipS to the recorded plat thereof, provided that saiil serviceshall be restricted to service for one single-family residence. (Q1d. No. 2244, E 1, adopted by electorale 7-t-b5 Ord. No.2391, S- 1, adopted by electorate 1-31-61; Ord. No. 44b2, * l, adopted by electorate 11-6-79) Sec. 129. Franchises in parks. Repealed. (Ord. No. 2392, S 1) ARTICLE IX. ADYISORY COMMISSIONS Sec. 130. General provisions concerning advisory commis- stons. At any time after the organization of the council electedunder the provisions of this Charter the council by ordinance Supp. No. 15, 7-1-80 bc THE REVISED CODE OF THE CITY OF BOULDEB may create and provide for such advisory commissions. as it may aee* advisible; provided, that a library commission is her"eby created, ana ihir council shall, within ninety (90) days from its organization, appoint the members thereof. Each of such commissions, including the library cqmmis- sion, shall be composed of five (5) electors,-appoint-ed by the couricil, not all of bne sex, rvell known for their ability, Prob-ity. public spirit, and pafticular fitness to serve on such- re- specfive cominissions. When first constituted, the coulcil shall d-esignate the terms for which each member is app-ointed, . so thaittre term of one commissioner shall expire on the thirty- first day of December of each year; and thereafter the coun- cil shali in January of each year appoint one (1) member to serve for a term oi five (5) iears. The council shall have the power to remove any coinmission-er--for nonattendance to iluties, or for cause. All vacancies shall be filled.by t}e- coun- cil. When first appointed and annually thereafter following the council's appojntment of the commissioner, each. commis- sion shall orginize by appointing a chairman, a vice-chair- man and a secretary i all tommissioners shall serve without compensation, but the secretary of any commission, if not a me*be", may receive a salary to be fixed !r the council; any commission shall have power to make rules for the con- duct of its business. All commissions shall hold regular monthly meetings. Spe- cial meetings may be called at any time upon-due notice by three (3) memb6rs. Three (3) members shall constitute a quorum ind the affirmative vote of at least three (3-) mem- 6ers shall be necessary to authorize any action by the com- mission. All commissions shall keep accounts and records of their respective transactions, and at the- end of each quarter or oft6ner, if requested by the council, and at the end of each fiscal vear. sliall furniih to the council a detailed report of receipti and expeditures and a statement of othen business transacted. The chairman of a commission shall preside at the meetings thereof and sign, execute, acknowledge and deliver for the commission alllontr:acts and writings of every kind required or authorized to be signed or delivered by the commission. The signature of the chairman shall be attested by the secre- tary. The commissions shall have the right to the floor of the council to speak on plans and expenditures proposed, or to Supp. No. 15,7-1-80 66 rHE CHARTER appeal for a decision in a failure to agree with another com- mission or the manager. Wherever there shall be suitable accommodations in the city building, the offices of the commissions shall be maintained there. CIVIL SERVICE COMMISSION Sec. 131. Council may create. In event a civil service commission is at any time created bythe council, such commission shall promulgate rules for the classification of all employees of all departments; for open, competitive and free examinations as to fitness for an eligiblelist from which vacancies shall be filled; for a period of pioba- tion before employment is made permanent and for promotion 56-1 Supp. No. 15, 7-1-80 THE CHARTEF" ordinance by the council, the planning boar:d sha.ll accept applications for huilding permits in prol'ects coming under the terms of the present ordinance. No less tfian thirty (30) days nor later than sixty (60) days following adoption by council of the ordinance . providing for allocation of permits on the basis of merit the planning board shall begin allocating permits for the first construction year. If one hundred twenty (120) days after passage of the present ordinance the city council has for any reason failed to adopt by ordi- nance a system providing for the allocation of building permits among builders on the basis of merit, no per- mits shall be issued for projects c:oming under the terms of the present ordinance r"rntil such time as the council does so. (6) No approvals for projects shall tre valid for more than five (5) years. (7) Any transferee, grantee, or assignee of any apptricant's approved project shnll he sul:ject to the terms and conditions under which the permits for the project were originally allocated. (8) Nothing in this ordinance shall be construed to alter any existing agreernent or commitment of the City of Boulder explicitly stipulating an annua.l rate of con- struction for a subd.ir.ision or planned unit developrnent existing at the time of this o,-dinance's adoption. The city council may by maiority vote award the minimum number of additio:ral permit-c in excess of the nurntrer of permits otherwise allowetl under the terms of this ordinance necessary to meet such agreements or com- mitments. (9) Nothing in this ordinance -qhall be construed to exempt compliance with the provisions of the zoning or:dinarice and any other applicahle city or:dinance, regulaticn or code. (10) The limitations herein shall not apply to projects ofthe housing authoi:ity of the City of Eo'-rlder unrler- taken to rneet prior cornmitments of the city council toprovide drvelling units fo:: lou-income families. Be it further ordainecl that the Bculder City Council is directed to develop amendments to the Boulder Valle;r Com- prehensive Plan which provide for a grorvth rate of no greater than two (2) per cent per year in the lrloulder Valley Com- prehensive Planning Area. Supp. No. 15, 7-1-80 68-3 THE REVISED CODE OF THE CITY OF BOULDER Be it further ordained that the Boulder City Council urge the Roulder County Comrnissioners to enact procedures sim-ilar to those elaborated here or such other procedures asthey might deem appropriate, for the purpose of holdinggrowth within the Boulder Valley Comprehensive Planning Area to a level no greater than two (2) per cent per year during the effective life of this ordinance. Be it further ordained that if a. portion of this ordinanee shall be held to be illesal, the illegality thereof shall notaffect any other provision of this ordinance; it being the express intention of the neoi:le that the provisions herein setfoith are independent frirm each othei and would have been approved without that por"tion r,vhich mav hereafter be found to be unlawful or invalid. (Approved t7-2-76) Note: The Charter as contained here sets forth the pro- visions and sections thereof in full force and effect as of November 5, 1963. To determine what nrovisions or sectionsof the Charter were either amended, added or repealed since the adoption of the original cha.rter on October 30, 1917, the following table should he consulted: Section Date Change 4 October 2, L956 (amended4 November 6, 1973 (amend5 October 2, 1956 (amended 18a November 6, 1951 (addecl November 6, 1973 November 6, 1973 November 6, 1973 November 6, 1973 November 6, 1973 October 26,7954 ( November 4, 1947 Ordinance ) ed) 1978 3925 1978 1632 3925 3925 3925 3925 3925 1826 1473 7473 2263 1632 1632 2729 1183 t2t9 1753 2392 ) ) 26 27 28 29 31 OD 34 35 36 51 65 67 69a 69a 70 70 70a 70a 70b 70b Supp. (arnended) (amended) (amended) (amencled) (amended) amended) (amended) (amended) (amended) (amended) (amended) (amended) November 4,1947 November 3, 1959 November 6, 1951 November 6, 1951 November 5, 1963 November 8, 1927 November 5, 1929 November 3, 1953 January 31, 1961 November 3, 1953 January 31, 1961 November 3, 1953 January 31, 1961 No. 15, 7-1-80 ( (endedan't (added (repealed (added)_ 1753 repealed (added) repealed 68-4 )2392 1753 2392 THE CHARTER Section Date Change (repealed) (amended) (amended) (amended) (amended) (amended) (amended) (amended) (amended) (repealed) 1 (a.dded) 84a November 6, 1951 (added) 84a November 4, 1969 (amended) 84b November 6, 1951 (added) 7l January 31, 196174 November 6, 195174 November 5, 196375 November 6, 195175 November 5, 196376 November 6, 195177 November 6, 195178 November 6, 195184 November 5, 192984 January 31, 196184 September 21,197 Ordinance 2292 1632 2728 1632 2728 1632 1632 7632 7219 2392 Res. No. 24a 1632 3513 1632 84b January 31, 1961 (repealed) 239294 November 5, 1929 (amended) - 121994 November 2,7943 (amended) 140397 November 4, 1919 (amended)97 November 4, 1969 (amenderl)97 September 28, l97l (amended) 106 December 2, 1958 (amended) 106a November 3, 1953 (added) 106b November 3, 1953 (added) 106c November 3, 1953 (added) 128a July 21,7959 (added) 128a January 31, 1961 (amended) 128a November 6, 1979 (amended) L29 January 31, 1961 (repealed) 141 November 7, 1967 (repealed) 154-169 (inclusive January 31, 1961 (added) 2392170 November 2,7976 (adderl) [No. Ord. Numbei'l 821 3513 3743 2171 1753 1753 1753 2244 2392 4452 oo fioLatJa _ 3287 68-5 Supp. No. 15, 7-1-80 s 1-1. s 1-2. $ 1-3. PART II TIIE CODE Chapter I GENERAL PROYISIONS* How Code designated and cited. Definitions and rules of construction. Catchlines of sections; provisions considered as continuation ofexisting ordinances. Severability of parts of Code. General penalty; continuing violations. City seal-Description. Same-Custodian. Same-Use. Penalties not released by repeal. Delinquent fees. clerk" or record, ex s 1-4. $ 1-5. $ 1-6. s 1-7. $ 1-8. $ 1-e. $ 1-10 Sec. 1-1. Horv Code designated and cited. The ordinances embra.ced in this and the followinE chaptersand sections shall constitute and be aesignatea ;;fii. H".ii..aCode of the Citv of Boulder, Colorado, f-g65;,-;nd mryIu".ocited. Sec. 1-2. Definitions and rules of construction. . In the c-olstructiop gf lhis Code and of all ordinances of thecitv,, the foJlowing d.efinitions ana iutes oi .o"r-i*.1iori srranDe observed, unless it is otherrvise expressly provided in-anysection or ordinance, or unress inconsi^steni irrit, irre maniilst ilL."."ll 1{- -t_!9. "it, councit, o" ""tu.i--tt e -.ori""i^'Jr;;ily';"_ qulres othelwtse: _ Crj_U,The words ,'the city,, or ..this city,, mean the city ofBoulder, Colorado. Ci,ty Clerlt or City Treasurer. The words ,,citv "city treasurer,, mean the director of finance an.iofficio city clerk and city treasurer. *state Iaw reference-Adoption of a code of ordinances, c.R.s. 1968, $ 139-34-1 et seq. Supp. No. 15, ?-1-80 69 $ 1-2 THE REVISED CODE OF THE CITY OF BOULDER Ci,ta Councit. The words "city council" or "the council" meanlhe city council of Boulder, Colorado. Computation of Time. The time within which an act is to be aone s[ratt be coinputed by excluding the first and includ-ing tt " j".f ary; antl ii ttre lait day is Sundav or a legal holitlay, that shall be excluded. Counta. The words "the county" mean the county of Boulder, Colorado. Gend,er. When any subject matter, party or person is de- scribed or referred- to by words importing the masculine, iemales as well as males, and associations and bodies co{por- aie, as well as individuais, shall be deemed to be included. General Circulation The term "general circulation" means delivered to a substantial number of residences in the city and alio otherwise made available for purchase or distribution. Hereafter. The word "hereafter" means any time after the effective date of this Code. Heretofore. The term "heretofore" means any time previous to the day when this Code takes effect. Month. The word "month" means a calendar month. Newspaper. The word "newspaper" means a- pnblication' having beer, in existence for at least six (6) months, regularly printed and distribttted, no less than once a wee-k, which con- tains news, opinions.'advertisements, and other items of general interest. Noti,ce ot Legal Notiee. "Notiee" or "legal notice" means any reouirement for informinr a Derson or Persons. a seg- ment of, or the oublic senerallv. If the notice is to be pub- lished, sueh can be aeeomnli"hed in anv newspaner, of -generaleirculation as hereinabove clefined trnless required otherwise by the Charter or: specific code provision. Number. When any subject matter, party or person is described or referred to bv words importine the sinSrtrlar number, the plural and separate matters and persons and bodies corporate shall he deemed to he included. Oath. The word "oath" shall be construed to include an affirmation in all cases in which' by law, an affirmation may bJ iubstituted for an oath: and -in such cases the words 'iswear" and "sworn" shall be equivalent to the words "af- firm" and "affirmed." Supp. No. 15, 7-1-80 70 GENERAL PROVISIONS $ 1-2 Owner. The word "owner," applied to a building or land,shall includ.e any part owner, joirrt owner, tenant in'common, Jornt tenant or tenant,by the entirety, of the whole or a partof such building or land. Person. The word-"person,' incJudes a corporation, firm,partnership, associatio_n, organization and any other' groupacting as a unit as well as individuals. It shall "also incru"de anexecutor, administrator, trustee, receiver or other representd-tive ap-pointed according to law.' Whenever the rn ord ',,person,' is used in a.ny. seetion of ttris Code prescribing a perialty- orrrne, or.reqlitrlng the payment of a fee, as to partnerships orasscciations, the word includes the fartneri or membersthereof,- and as to corporations, inclutl6s the officers, ag""tsor members thereof who are responsible for any violatiSn ofsuch section. . Preceding, Follauing. The words ,,preceding,, and ,,follow- ing" mean next before and next after,- respectively. . ProTt-erty. The word "property,, includes real, tangible andintangible personal property. ,,Public YoA._The -words_"public way" include any street,alley, boulevard, parkway, highway, sidewalk or other publicthoroughfare. ,, Real Pr,op.erty...-The terms ,,real ploperty,,, ,,pr€mises,,, "real estate" or "lands" shall be deemed to be c^oextensivewith 1ands, tenements and hereditaments. Sid,eusalk. The word "sidewalk,, means the portion of thestreet between the curbline and the adjacent'property line,intended for the use of pedestrians. Si,gnatm'e. Where the ,written signature of any person isrgguired, the proper handwriting of such person or nis mart<shall be intended. S-ta,te. The words "the state', or ,,this state', mean the stateof Colorado. Street, The wor.d "street,' means and includes any publicw?Y, hishway, street, avenue, boulevard, parkwar'. "uttirr-o. other public thoroughfare; and each of such^words iricluals ailof them. . Ta _nSi.Ute Personal Property._ "Tangible personal property,, inclu.des goods, chattels and all personal pioperty, 6xc,jpt in-tangible personal property. 7l Supp. No. 15, Z-1-80 $ 1-3 THE REVISED CODE OF THE CITY OF BOULDER Tenant. The word "tenant" or "occ-upant," applied to a Uuifairrg or 1and, includes any perso-n who occupies the vrhole ;; ; p;*i-oi such builcling or land, whether alone or with others. Wri,ting. The words "writing" and- "written" include print- ins, titho"grapfrirrs or any other mode of representing words and letters. Year.The word "year" means a calendar year, unlesq-other- wise expressed; and the word "year" shall be equivalent to the words "year of our Lord." All general provisions, terms, phlases and elp.ressions c9n- tained"in this Code shali be liheially construed in order that iii" iir" intent and meaning of the city council may be fully "ri"i"a out. (Ord. No. 3858, $ 1; Ord. No. 4491, S I (b), 4-15-80) Sec. 1-3. Catchlines of seetions; provisions considered as con- tinuation of existing ordinances. The catchlines of the several sections of this Code printed in folAfacL type are intended as mere catchwords to indicate the "o"i""t. ot'th" sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor' ""iei. expressly so provided, shall they--be so deemed.w,hen any of suih seclions,- including the catchlines, are amended or reenacted. The provisions appearing in this and-the following chapters, so ia, is they are the samt as those of ordinances existing at itrJ ii*e of the adoption of "The Revised Code of the City of Boulder, Colorado, i965," shall be considered as a continua- tion thereof and not as new enactments. Sec. 1-4. Severability of parts of Code. It is declared to be the intention of the city council that the sections, paragraphs, sentences, clauses-and phrases of this Code arb ieveiable; and if any phrase, clause, sentence, para- graph or section of this Code is declared unconstitutional or Invatia by the valid judgment or decree-of any- cou-rt-.of com- petent juhisdiction, such-unconstitutionality or invalidity shall irot aff-ect any of the remaining phrases, clauses, sentences, paragraphs aird sections of this eode since the same would havitre-en enacted by the cit,y council without the incorpora- tion in this Code 6f any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. Supp. No. 15, 7-1-80 72 GENERAL PROVTSIONS $ 1_8 Sec. 1-5. General penalty; continuing violations. Whenever in this Code or any other ordinance of the cityhereafter enacted or any section of a rule or regulationpromulgated under the provir;ions of this Code any aet isprohibited or is made or declared to be unlawful or an offenseor misdemeanor or the doing of any o.ct is required or thefailure to do any act is declared to be unlawful or an offfenseor misdemeanor, where no specific penaltl, is provided there-for, any pelsgn who is convitted of-the violatibn of any suchprovision of this Code or other ordinance of the city heieafterenacted or of such rules or regulations shall be punished bv afine of not more than three hundred dollars ($900.00), or"byirnprisonment in -jail not exceeding ninety (bO) Auy's' o, fi,both such fine and imprisonment. ^E-very. day any,violation of this Code or any other ordinanceof the -city -hereafter enacted or any rule or-regulation pio*_ ulgate^4 under the provisions of this Code consfitutes ,'..pu_rate offense. cross reference-confinement for violation of municipal ordinances, $ 7-62 et seq. state law psf,slsnss-duthority of city to impose fines up to g800.00 and imprison for not more than g0 clays, C.R.S. 1968, $S fgg_B2_l(29), 139-33-1. Sec. 1-6. City seal-Description. The common seal pf .!!" city shall be of circular shape, inthe center of which shall be the word ,.SEAL,, erg"au"a ffr6"e_on and with the won_ds ,,CITY OF BOULDER, CbLOnAbO;,surrounding the word-"SEAL,,, and around themargin of sddtseal, engrar,'ed u.pon the face thereof in Roman cap'itatJ. Sucnseal above described is established and dcclared to'-ne'ttre sealof the city. (Code 1925, E 872) Sec. 1-7. Same-Custodian. -The seal described in section 1-6 shall be kept in the officegIjI"- city. clerk, who shall be the custodian'th.i"i?. iCoa"1925, $ 873) Sec. 1-8. Same-Use. It shall be the duty of the city clerk, or any other personwho has been specificaliy directedso to do by i"soiutio"-of trt"city.council, to.affix the city seal to all ti:ansciipi., ora"i.-o,certificates which it may b-e_ necessary or propi," to ,uttier-ticate under the provisions of the statute id- suth .u.u.-'-ua" no Supp. No. 18, Z-1-90 td $ 1-9 THE REVISED CODE OF THE CITY OF BOULDER and provided, or any ordinance of th-e city. Such seal shall.be ;ilif"d alio io eveiy contract or other instrument -requiringtt " ."rt of tt " city rirrder any law of the state or ordinance of the city. (Ord. 1925, $S 873,874) Sec. 1-9. Penalties not released by repeal. The repeal, revision, amertdment or consolidation of any o"airur..-ot ttre City oi Boulder or any section of the Revised C;a;-;T th;-citv ot boulder, Colorado,'1965-, as amended, shall not constitute a bar to the prosecution and punishment ot'.an act already committed in violation of the ordinance or section so repealeh unless the repealing, revisi4g, amending or con- .rUariirig ordinan"e so expressiy-provides. -Any such. ordi- ";n|g or"section so repealed, ameird6d, revised or consolidated ;[;ll-r;*rin i, frtl fbrce a'nd effect for the purpose of sus- tairrit g any and all actions,- suits, proceedings a-nd prosecu- ii"". 6"o"g1t thereunder which aro-se prior to..thg. effecti.re aufJoi-tlu-iepeal, amendment, revision or consolidation' (Ord' No.3821, $ 1,1972) Sec. 1-10. Delinquent fees. (a) Whenever in this Code,- or in the .city. Charter, or in anv ordinance or resolution of the city heretofore or here- ,iiu* "ru.ted or in any section of any rule or regulation "io-rtsut"d under the -provisions of this Code or the city tfrr"t.i, a fee is required to be paid to the city. for the per- ioilild" of any function, provision or -ar-l-y service, or grant- irg oi urv eniitiement, and-such fe-e il delinquent for'-a period oi-ttirtv"tgo) days or'greater, no further s-ervices, other than basic uiban servites, sfiall be provided by the city to ?l-rY per- son who owes such fee to the city until such fee is paid' (h) This nrovision is in addition to any other rights or ""-"ai.* which the citv may have under this Code or the city-Chaiiai for the enfofcemeht and collection of nonpayment of delinquent fees. (c) The city manager shall Flomulg-ate rules for- ap-pealing tfrd-'citvt deierminalion of a- fee delinquency, which rules straU fti available upon request of any person. (Ord' No' 4491, $ 5(a),4-15-80) Supp. No. 15' 7-1-80 74 Chapter V BUILDINGS Article I. Contractor,s Licenses S 5-1. Definitions. S 5-2. License required-Classification-Fees, S 5-3. Application-Informationrequired. $ 5-4. Licensingauthority-Denial. $ S-S. Terms of license. $S-0. Revocation-suspension. S5-7. Violations-Penalties. $ 5-8. Effective date. $S 5-9-5-15. Reserved. Article II. Energy Conservation and Insulation Code $ 5-16. Adoption of energy conservation and insulation code. $ 5-17. Category "A" standards. S 5-18. Category "B', standards. $ 5-19. General requirements anrl inspections. $ 5-20. Cerfification. $$ 5-21, 5-22. Reserved. Article III. Board of Appeals S 5-23. Creation of Board of Appeals. Article IY. Building Code $ 5-24. Adoption of building code. ARTICLE I. CONTRACTOR'S LICENSES Sec. 5-1. Definitions. - -As used in this article the foilowing terms shail have thefollowing meanings: (a) A "contractor" within the meaning of this article isany person, which also means ana includes a firm,copartnership, corpo-ration, as.sociation, or othei oiga-nization, or any combination thereof, who: (1) Ilqdertakes with or for another within the citv. tobuild, construct,. alter, repair, add to,--mil6';;wreck -any buildirlg or stfucture, or ahy poition l.he1egf, .for which a _permit fr6m ttre" C-iiv-- ofBoulder is required and which work is io U"-hoi" Supp. No. 18, Z-1-80 L27 $ 5-2 THE REVISED CODE OF THE CITY OF BOULDER for a fixed sum, price, fee percentage or other compensation, (2) Builds, constructs, alters or adds to any building or structure either upon his own or another's property, (3) A person who holds himself ou,t- to perform house moving or the moving of buildings or structures from one location to another, (4) A person who holds himself out to perform the service of wrecking a building or other structure; (b) The following persons shall not fall within the defini- tion of "contractor": (1) Subcontractors working for and under the super- vision of a general contractor, (2) Plumbers, electricians or other specialized. tr14es for which another license is required by the City of Boulder, (3) An owner or occupant maki,ng ordinary -r9g3i1stotaling less than five hundred dollars ($500.00) in any one calendar year to the building he- owns or ociupies, which repairs do not involve the struc- ture- of the building and are made by himself or by another and thal the owner or occupant furn- ishes all the materials, (4) A homeowner who constructs his own reside-nce, or a building or structure accessory thereto, which is intended for his own personal use. Holvever, this will be permitted only-once within a period of a year or such will come within said definition. (Ord. No. 3874, S 1 (part) ; Ord. No. 3786' $ 1, (Part) ) (b) The following classes of contractor's license and fees stratt'tre required of contractors within the city: Supp. No. 15, ?-1-80 Sec. 5-2. License required-Classification-Fees. (a) No contractor shall perfolm an-I' work as a contractor within the City of Bouldei without first -having obtained a license as provided herein. No permit shall be issued for *-oii. to be'done by a contractor-who does not have a valid and subsisting license as required in this article. 122 (1) A. (2) B. (3) C. This license shall entitle the holder to contract forthe construction, alteration or repairing of any type or size of structure permitted l:y the UniformBuilding Code. The Annual fee shall be one hundred fifty dollars (9150.00). A building con-tractor A or B is required for all work requiringthe supervision of an architect or structural en-gmeer; Same as (1) above, except as limited by buildingpermit valuation to one hundred thousand dollars ($100,000.00), and the annual fee shall be one hun- dred dollars ($100.00). This Iicense shall entitle the holders to contract for the construction, alteration or repair of residencesnot involving reinforced concrete construction oftwo (2) stories or less outside of Fire Zones No. 1 and No. 2. This contractor may not contract forpublic buildings or places of public assembly.The aforementioned limitations shall not applyto repairs on buildings not involving struc-tural members, nor shall the BUILDINGS $ 5-2 122-0L Supp. No. 15, 7-1-80 Sec. 5-16. Adoption of energy conservation and insulation code. _P,ursuant to the^power and authority conferred by the lawsof the State of Colorado and the Charter of the City ofBo-ulder, th-ere is adopted as the energy conservation and in-sulation code of the City of Boulder, by* reference thereto. theColorado Model Energy Efficiency boirstruction ara neriova-tion Standards for Nonresidenti;l Buildings ira lgig and1979 Regulato_ry Amendments thereto, published by the Boardfor Energy-Efficient Nonresidential nuilaing Standards of theColorado Office of State Planning and nidgeii"g, toeelhe"with Appendil.S thereto, the -Colorado Recomlme"d'eA b-nergyConservation "Perform ance', Code for New Const"rction -aiit Renovation of Residential Buildings and 19Tg u"a tg7-g R"c*l3tory A_mendments thereto, pu6lished fv- itre -nesiae"t-iat En-ergy. Corservation Code Ad,iisory Committee- of t[J Cofo_rado Division of Housing and adopted by the colorado stateHousing BprT$, to have the same force ind effect js th";;[fully set forth herein in- gugry pqrlicular, save and excelptsuch .portions as are deleted,-mbdified oi a-ended i"- tte $9r!i1g -ordinance. (Ord. No. 4286, g L, B-Z-77; O"A. No. +SOS, s 4, 6-23-80) BUILDINGS $ 5-17 Secs. 5-9-5-15. Reserved. ARTICLE II. ENERGY CONSERVATION AND INSULATION CODE* *Erlitor's note--Ord, No, 4286, $ 1, adopted A.og. 2,192?, specifically amended the code by adding art. rI, $$ b-16-E-20, as herein set out.section 4 of ord. No. 4b08, adopted June 28, 19g0, changed the title ofthe article from "Energy conservation and Insulation standards', to"Energy. .. Code,,, Supp. No. 16, 7-1-80 122-5 Sec. 5-17. Category..A,,standards. AU C-ategory "A' buildings, upon which construction orrgnovation begins on or after S-eptember L, 1977. anJ alCategory "A" blrildings for which a buildini oi'ibnorationpgrynit is issued on or after September 1,"1977, shall. inaddition to state standards, be designed in'accorriu"ce--riritr,ASHRAE Standard.-90-78, as. pubtiEhed in bnergt Co".Lr_va-tion in New Building Design, lgT\, or .tutt"*""l tfr"minimum insulation standards of sufsecUo". --i-ul--lt rougf,(e) below for all heated space. $ 5-1? THE REVISED CODE OF THE CITY OF BOULDER (a) Cei,ltngs: (1) Frame construction ceilings, shall be insulated to R19 or equivalent in thermal resistance. (2) Flat roof deck construction shall be insulated to R19 or equivaient in thermal resistance. (3) The ar€a aroltnd all electrical,. plurnbi-n-g or me-' chanical penetrations of any ceiiing shall be pag}eq with insulating material at the R factor specified in (1) or (2) above. (b) Walls: (1) Exterior walls of frame construction (side and' knee) shall he insulated to R13 or equivalent in thermal resistance. (2) Exterior wails of masonry or concrete construction shall be insulated to Rl1 or equivalent in thermal resistance. (3) All basement rvalls shall be insulated to R10 or equivalent in thertnal resistance to twenty-four (24) inches Lrelow finished grade. (4) The area around all electrical, plumhin-g or me- chanical penetrations of any wall shall be packed with insulating material at the R factor specified in (b) (1), (2), or (3) above. (c) Floors: (1) Floors over unheated spaces shall be insulated to R13 or equivalent in thermal resistance. (2) Slab on grade construction shall have-ed-ge iqsula- tion which extends twenty-four (24) inches down- ward from grade level and which shall be R10 or equivalent in thermal resistance. Supp. No. 15, 7-1-80 L22-6 BUILDINGS s 5-24 at least one (1) week prior to the date of said hearing. The board shall adopt, from time to time, such reasonahle rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof. (f) A quorum of three (3) rnembers shall be necessary for any meeting r:f the board, end affirmative vote of at least three (3) members shall be necessary to authorize any action of the board. The said board may exercise any power or per- form any duty of the board, regard"less of whether the number of qualified rnembers appointed to the hoard shall at any tirne be less than five (5). (g) The City of Boulder may appear by the city manager or his delegate or by any cther city official designated by the city council, and hc heard as a patty in interest in any hearing hefore the board; and the City of Boulder may appeal any decision of the board to a court of competent juriscliction. No special notice to said city of the hearings before the board shall be required, but the city manager shall take notice of the same. (Ord. No. 2548, $ 1) ARTICI,E I\T. BUILDING CODE See. 5-24. Adoption of building code. Pursuant to the power and authority conferred by the lawsof the State of Colorado and the Charter of the City of Boulder, there is adopted as the building code of the City of Boulder, by reference thereto, the Uniform Building Code, 1979 editicn, together with the Uniform Euildine Ccde Stan- dards, 1979 edition, of the International Conference of Euild-ing Officio"ls, to have the same force and effect as thorighfully set forth herein in every partic,;lal., save and except such portions as are deleted, mod.ified, oi: amended in t[e adopting ordinance. (Ord. No. 4500, S 3, 6-23-80) 125 Supp. No. 15, 7-1-80 MOTOR VEHICLES AND TRAFFIC $ 20-129 (2) Within five (5) feet of a public or private driveway. (3) Within an intersection. (4) Within five (5) feet of a fire hydrant. (5) On a crosswalk. (6) Within twenty (20) feet of a cosswalk at an inter- section. (7) Within thirty (30) feet of any flashing beacon, stop sign, or traffic-control signal located at the side of the roadway. (8) Between a safety zone and the adjacent curb or withinthirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic engineer indicates a different Iength by signs or mark- rngs. (9) lVithin fifty (50) feet of the nearest rail of a railroad. (10) Within twenty (20) feet of the driveway entrance to a1y fire station and, on the side of a roadway oppositethe entrance to any fire station, within seventy-five(75) feet of such entrance when properly signposted. (11) Alonsside or opposite any street or highway excava-tion or obstruction when such stopping, standing or parking would obstruct traffic. (12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street. (13) Upon any elevated structure upon a street or within a street tunnel. (14) At any place where official signs prohibit stopping. (15) At any place where the curb has been painted yellow. (16) At any palce within a clearly marked fire lane. - (b) Nq, person shall move a vehicle not owned by or in charge of such -person, into any such prohibited area 6r away from a curb such distance as is unlawful. (c) The provisions of this section are limited or modifiedby and are expressly subject to any sign, marking or parking ry-etgr regulating stopping, standing or parking a vehicte.(Q1d._No.3011, S 33; Ord. No. 1662, $S-1A,3A; Ord. No. 1773, $ 2; Ord. No. 4485, S 6, 4-15-80) Supp. No. 15, 7-1-80 455 $ 20-130 THE REVISED CODE OF THE CITY OF BOULDER Sec. 20-130. Parkingnot toobstruct traffic. (a) No person shall park a,ny- vehicle.upon a street in such a manner -or under such conditions as to leave avallable less it iii 1"" (10) feet of rvidth of the roadway for the free move- ment of vehicular traffic. (b) No person shall stop, park or allow any vehicle to stand, either attended or ,nattended, for any purpose, upon ;;i;l,J ;" rigrrt-ot-way in such a manner or under such "o"Aitio"= us tt interfeie b" obstruct the free moveme4t of ;;[i;r6r- tiiric or create a traffic hazard, provided,- how- """i, itiut the terms of this subsection (b) shall not apply: (1) If the vehicle is legallv parked or the driver is engaged in the Process of Parking; (2)Ifthedrir,el.isstoppedsoastoavoidconflictwith'-' otfr."1raffi", either p-edestrian or vehicular; (3)Ifthedriverisacting.incompliancewiththedirections'"' ;i -u-poti"" ;iii;;t' ?i'"*a' ^or traffic-control sign or signal; (4) If the driver stops the vehicle, which -stopping is rea-.=' "i"n"'fiu*u"J"""tiiu circumstances and has been caused ffi';;;;";;t -ati"ts bevond his control or remedv; or' (5) If a bus stops i!. a zone which is designatgd {q1^the'-' iorai"g or uiloading of passengers' (Ord' No' 3693' S 1(c)) Sec. 20-131. Stopping, standing or parking in alleys' (a)Nopersonshallstop,standorparka-vehiclervithin ,rr' ,llev in a business district except for the expe_clltlous irrairn"or-r"iorairg of materials. And no- person shall stop''.tu"d--o"-puik a vehicle in any other alley in such manner, or ;;.i;; t"ff*"aiti";;-il-Eave availabie less than ten ^(10)f;;T;i;iatri ot t6e roadwav for the free movement of ve- hicular traffic. (b) No person shall stop, stand, or park a vehicle within ar'ati"V in'such position as to block the driveway.or entralce to ;;i a-lutiirg-propertv. (Ord. No. 1662, $ 1A; Ord' No' 1773, S 2) Sec. 20-131.1. Parking on the property of another; prohibited acts. (a) It is a violation of this section for any person to p-ark o" .uu." to be parked any vehicle upon any private or public Supp. No. 15, 7-1-80 4b6 $ $ s J s ! $ $ $ $ $ o $ s s $ s s $ s $ $ s $ $ $ $$ Chapter XXI MISCELLANEOUS OFFENSES Article I. General Offenses 21-1. Application of chapter.21-2. Statute of limitations. ?I-3. Principals, parties subject to charge under this chapter.2l-4. Definitions. 21-5. Assault vrithout deadly weapon.2l-6. Intimidation, coercion.2I-7. Battery. 2L-8. Affirmativedefenses.27-9. Damaging of property of another.2l-L0. Trespass. ?l-11. Infringement upon the right to privacy. ?:-1?. Obstructing public streets, places o, tuita;ngs.2l-I3. False reports. 2l-74, Excessive sound levels prohibited.2l-15, Unlawful use of vehicles.2l-L6. Hotels, motels, rooming houses, etc._Register to be kept_Guests to correctly register. 2L-77. General penalty authorization. ?l-18. Imposition of penalties_Repeat offenders. ?1-!9. Charge brought under this chapter.2l-20. Construction and interpretation of chapter.2l-21-21-99. Reserved. Article II. Vehicle Emission Control Standards 21-100. Definitions. 2l-107. Four-stroke-cycle engines, 21-702. Two-stroke-cycle engines. 21-103. Diesel-fueled engines. 21-L04. Penalties. 21-105. Rules and regulations. 21-706. Enforcement. 2l-107. Dismissal or extension. 21-108. Exemptions. 21-109. Variances. 21-110--21-199. Reserved. Article III. prohibiting and Discouraging Smoking in Certain Situations $ 21-200. Definitions. $ 21-201. Smoking prohibited. S 21,-202. Smoking segregated. S 21-203. Administration. $ $ s es $$ 507 Supp. No. 15, ?-1-80 $ 21-1 TIIE REVISED CODE OF THE CITY OF BOULDEB E 27-204. Penalty. $ 21-205. Property and areas exempt. S$ 21-206-21-400. Reserved. Article IY. Candiilates', Public Officials' and Political Committees' Financial Disclosure $ 21-401. Definitions. g 27-402. Statement of candidacy or org:anization' $ 21-403. Financial disclosure-Contents-Filing. $ 21-404. Statement of contributions and expenditures, $ 21-405. Filing-Preservation of statement-Public inspection' ( zf-aOO. Notice of disclosure requirements; enforcement and penalty' $$ 21-407-21-500. Reserved. Article V' Regulation of Activities on Boulder Downtown Mall $ 21-501. Application of article. S 21-502. Parties subject to charge under this article' $ 21-503. Bicycles. S 21-504. Motor vehicles. $ 21-505. Skateboards, etc. $ 21-506. Projectiles. $ 21-507. Animals. ARTICLE I. GENERAL OFFENSES Sec. 21-1. Application of chapter. This chapter applies to all land lying and being within- the citt. This dhaptei-also applies to ail palkland and other land ouiside the cily limits over r,vhich the city has juri{iction under the authority of Colorado Revised Statutes (1963), sec- tion 139-88-19. (Ord. No. 3962, $ 1 (part) ) Sec. 21-2. Statute of limitations. No person shall be prosecuted, tried, or pu^nished for any offensi under this cha-pter unless the action for the same is institrteA within six (6) months of the date of the alleged violation. However, the period within which a pro-secution must be instituted is to- be tolled for: Any period not to eiceed one year when the alleged offender is absent from Supp: No. 15, ?-1-80 508 MISCELLANEOUS OFFENSES $ 21-10 another person; provided, however, this section shall haveno-app]ication where there is seriods bodily injury or wherea deadly weapon is used. (Ord. No. 8926, $ "f (dart) ) Sec. 21-8. Affirmative defenses. , Those affirmative defenses available under C.R.S. 40_1_801 through- 809 (1963, as amended in 1921) shall be avalUUeto a ctrarge brought under sections 21-E thr6ugh 2l-7; furtier,it will be an affirmative defense to a charg6 Urougfrt unaersection 2l-5, _21-6 or -2L-L1,(a) that the actoir had s"ignificantprovoc_ation for his abusive or threatening conduct. (Ord. No.3926, $ 1 (part)) Sec. 2l-9. Darnagingof property of another. It is a violation of this section for any person, without legalauthority or jus_tification, to intentionilly aamige reat piop- erty,.or-perso11a_l property not abandaned, which*does not be_long to him. This section shall have no application where the {amage is one hundred dollars ($100.00) or more, or is ef-fected . by means of fire or explosive*. (Ord. No. 'gg2O,- S f(part) ) Sec. 21-10. Trespass. (a) A "dwelling" for purposes of this section is defined asa building whicfr is used, intented to be used, or usually usedby a person for habitation. (b) It is a violation of this section for any person: (1) To remain on the land or premises (real property otherthan a dwelling) of another aftei beiirg'legilly re-quested to leave by the owner or some other authorizedperson; (2) To enter upon land or premises (real property otherthan a dwelling) of another in defiance of a lAgal re-quest or order by the owner or some other authorizedperson; (3) To enter into or upon land or a building other than adwelling which is posted, locked, or otherwise fencedor enclosed in such a manner that a reasonably prudentperson would understand the owner does not wint himon the land or to enter the building. (Ord. No. 8g26, $ 1 (part) ; Ord. No.4506, g B, Z-1-80) Supp. No. 15, 7-1-80 511 S 21-11 THE REVISED CODE OF THE CITY OF BOULDER Sec. 2l-11. Infringement upon the right to privacy. It is a violation of this section for a person to: (a) Insult, taunt, or challenge another in a manner liketl to provoke a'clisorderly iesponse; provided, -however, if the one to whom such is directed is a police officer, there shall not be a violation hereof until the police officer requests the same be ceased and discontinued but the same is repeated or continued; (b) Intentionally engage in, or he responsible for, a course of loud or dbstreperous conduct, even though not to a level violative of seetion 21-14, which materially in- terferes with or disrttpts another in the conduct of lawful activities at his [ome; provided, however,- rvhere the loud or obstreperous conduct consists solely of natural speech or communication by or between -people,such shall not be prohibited under this subsection un- less it is t:sed as a-guise to materially interfere with or disrupt another in the ccnduct of lawful activities at his home and that is the result. The following standards and definitions shall be used in the application of this subsection (b) : (1) The person(s) engaging in such conduct must be at a-location other than the complainant's home and not a"ttending a bona fide outdoor public event such as a football game; (2) "Home" shall include the physical residence as well as the outside premises; (3) "Another" shall include all members of the house- hold as well as others rightfully on the premises; (4) The person(s) is not to be convicted of a violation unlesl it has been communicated to him, that such conduct violative of this subsection is occurring or has recently occurred, and after such communica- tion the saine is repeated or continued; provided, however, in the event there have been both a sim- ilar situation within the previous ninety (90) days and a communication abott it to such person, then no such communication need be made; (5) If such conduct originates upon private- property' and the owner or some other person with author- ity to control that property is present at the time that such occurs, if he has received a communica- tion requesting cessation or reduction in the level, Supp. No. 15, 7-1-80 5t2 MISCELLANEOUS OFFENSES $ 21-12 he shall also be held responsible for the repeatedor continued conduct under this subsection, eventhough he was not engaged in the conduct. (6) Section 2L-l4L shali be in full force and effecttwenty-four (24) hours every day and this sub- section shall also be in full force and effect twenty- f.ou-r (24) hours every day. (Ord. No. 8954, g 1; Or{. Jl[o. 3926, S 1 (part) ; Ord. No. 4124, S 1, t2-7-76) Sec. 21-12. Ohstrtacting public streets, places or buildings. (a) Public {or the purposes of this section means affectingor.likely. to affect persons in a place to rvhich the public or asubstantial group has access; among the places aie includedpublic_ streets, alleys, sidewalks, ptaces, public buildings,any places of cornmerce, husiness -or amusement while t*hebuildings, places of commerce, business or amusement areopen to the public. . (b) Abstruction for the purpose of this section means theinterference ',vith or prevention of, convenient or reasonablepassage or use of the pubiic street, alley, sidewalk, way, ptqgg. or building., or entrance or d.oorway into or out bf a.rybuilding which is open to the public by any individual orgroup of individuals. -(c) it is uitlawful for any person, whether alone or withothers, without legal privilege -to do so, to obstruct .'retrlcutar or pedestr_ian movement on any street, alley, sidewalk, way, nl.agq 9r doorway or entrance'into or out'of any triitaingwhich is open to the public. Unlatuful as used in the above paragraph shall be construedto cover the following: (1) One, whether alone or with others, intentionally causesor creates an obstruction; (2) One, whether along or with others, causes, creates orcontributes to causing or creating an obstruction wherea reasonable man in tlie sarne circumstances would beaware that he was causing, creating or contributingto causing or creating an obstruction. . Legal pr!?ilegg to do.so as used in the first paragraphhereof shall include, aiong with the exceptions 6f -ffib;.._ tions^ ($) and (e), by rvay of illustration, but not timitaiio",the following as exampies: Awaiting public transpoiialion Supp. No. 15, 7-1-80 513 S 21-13 THE REYISED CODE OF THE CITY OF BOULDER in areas designated therefor and persons acting in accordance witrr a license or permit used by-the city for construction or other worh in, over, on or under the public way or place' (d) No Derson shall be deemed to have violated this seetion .oti,Ii ti"uir." or a gathering of persons for the purpose of ft;ir; hi- speak oisolely beca.use of being a me-mber of such ; gaiii;"i"t. -Such person commits a violation if he refuses to ofZV, ".u.onable request or order by a police officer to move: (1) To nrevent obstruction of a public street, alley, side-' walk, public way, place or building, or. entrance. or d;i*# into or'out of a building 9pe4 to.the public and at the same time permit the gathering to continue to satisfy its purpose or purposes; or (2) To maintain public safety bydispersing those gathered in dangerous-proximity to a fire or hazard' (e) The provisions of subsection (c) above shall not apnly to iru'r.or. & a sidewalk along th-e route of a parade permitted ""i"- r".tion ZO-g of the Revised Code of the City- of ^B.oulder, 1965; ;- ;;;raea; tto*ever, any such-person(s) who Jail(s-) to ,i"* *t." requested to do so by a police officer making a lane iirrifuft" ior-pedestrians commits a violation of this section. (Ord. No. 3926, $ 1 (Part) ) Sec. 21-13. False rePorts. It is a violation of this section for any person to: (a) Make a report or iltentionally cause the transmi'lsion,*' ot-r-t"po"f to any law enforiement officer or offic-ers oi otttli city official or officials of a crime or other incident within their official concern when he knows that it did not occur; or (b) Make a report or intentiolrally cause the transmi,ssion'-' ;i-t report to any law enforc-ement officer or o{ficers o" ottei city offitial or officials pretending to.furnish information- relating to an offense or other incident *itfri, their official-concern when he knows that he has ,ro .uctr information or knows that such information is false. (Ord. No. 3926, $ 1 (Part) ) Sec. 21-14. Excessive sound levels prohibited. (a) No person shall: (1) Operate any type of vehicle, machine or device; or Supp. No. 15, 7-1-80 5L4 (2) Carry on any activity; or (3) Promote or facilitate the carrying on of any activity which has as one of its purposes the making-of sound;which makes sound in excess of the levels specifled in thid section. (b) Vehicular Sound^ Sound from a vehicular source shallnol exceed eighty (80) decibels on the "A', weighting scale(dBA), except that sound from a vehicle with a manufactur- er's gros-s--weight rating of ten thousand (10,000) pounds and above while operated on a prescribed truck route it all timesor elsewhere within the city during the hours of T:00 a.m. to 9iQQ p.*.,-on_Monday th-rough Saturday may exceed eighty(80) _but s-hall not exceed eighty-eight (88) ane. Vetricutar sound shall be measured at a distance of at'least twenty-five(?5) feet frq{, ? sound source located within the public i.igtrt- g-f-way, but jf the source is located on private pr-operty otherthan the public right-of-way the sound shall b-e nieasirred ator beyond the property line of the property on which the source is located. (c) Nonaehicular Sound. Sound from a nonvehicular sourceshall not exceed any one of the following interval and level combinations for its appropriate zone: (1) The sound shall not exceed any of the below established zone limits by fifteen (15) dBA at any point in time; (2) The sound shall not exceed any of the below established zone limits by ten (10) dBA for a cumulative total of one (1) minute or more out of any ten-minute period; (3) The sound shall not exceed any of the below established zone. limits by three (3) dBA continually for a periodof five (5) minutes, or for a cumulativil total oi five(5) minutes or more out of any ten-minute period; (a) The zone limits are specified in the following table: 44MISCELLANEOUS OFFENSES $ 21-14 M arimum Numb er M aaimum Number of Decibels ol Decibels Permitted, From Permitted, From 7 a.m. Unti,l 11 p,m. Unti.l 11 p.m. of the 7 a.m. of the Same Dag Follouting Doy RR, ER, LR, MR, HR 55 50TB, RB, CB, A, P 65 60I8075(All zoning designations include all suffixes.) Supp. No. 15, 7-1-80 515 Zoning Desi,gnati,on of the Property on Which the Source of tha Sounil Is Located, $ 21.14 THE REVISED CODE OF THE CITY OF BOULDER (5) Subsection (4) above is rnodified as follows: a. Any sound which occurs on property which, ac- co"hirg to the land use regulalions of the city, is being isecl in a Iegally nonconforming-manner, attd which sound relates to such nonconforming use, shall be judged as if the property bore- a- zonrng designati-on under which the use wouid be con- forming. b. If the zoning designation of the property on which the source oT the iound is ]ocated differs from the zoning designation of the property on which .the sound" is measured, the maximum permissible sound level of the more restrictive zoning designa- tion shall aPPlY. c. Construction work for which a building perrnit has been issued shall be subject to the maximnm per- missible sound levels specified for indttstrial zon- ing districts during the hours of 7 :00 a.m. to 5:00 p.ft. for work of airy type, and until 9:00 p'm' for: iight constrttcticn work ivhich uses only.Iand tools aid po*"t tools (but not including li-ail- guns) of no more than five (5) horseporver. Under no -cir- cumstances shall amplified sound be considered as a construction work- activity, and the limitations of subsection (4) above shall be fully applicable thereto except as otherrvise provided herein. (6) Sound from a nonvehicular source shall be measured' ' ;i or beyond the property line of the property on which the sound source is located. (d.) Measuring Instruments. -!il sound measurements shall ne m'aae on a so-und level meter which meets ANSI qPecifica- fion 31.4-1974 for Type I or Type II equipment.-The -manu-ir"iri"r'. published iridication of compliance with such spe- cili"atio*'shall be prima facie evidence of compliance with this subsection. (e) Ercepti,ons. lf a person can establis! by a prep.onder- ance'of the evidence that one (1) or more of the following ex- ."ptior. apply to the sound complained of, he shall be ex- cuied frornCompliance with this section: (1) The sound was made by an authorized emergency ve-'-' fiicie when responding io an emergency call or acting in time of emergencY. Supp. No. 15' 7-1-80 516 IITSCELLANEOUS OFFENSES S 21_14 (2) The-sound was made rvithin the territs of * parade, fire-works displqV or. tcmporary street closlire permit is- sued by the City of Roulder. (3) The sound was made by the unamplified human voiceor by animals. (4) The sound was made by the sounding of the horn ofany vehicle as a danger warning signal, or by thesounding of any w,arning Cevice as reqriire d hy law. (5) The sound was made on property belonging to or Jeasedor managed by a federal, state or connty [o..uernmentalbody other th-an the City of Boulder, ancl .-was made byan activity of the governmental bocly or by others pur_ suant to a contract, lease or permit granted by iuchgovernmental body. (6) The sound was made within the terms and conditionsof a sound level variance granted by the city irranageror his authorized representative. A varianie shall- begranted after a-pplication is made if the city managerfinds that compliance wiJl cause an undue traiasnip inafurther finds: a. That additional time is necessary for the applicantto alter or modify his activity oi operation-t^o com_ply with this section; cr b. The activity, operation or sound source will be oftemporary dirrition, and even with the-appii*utio"of the best available control technology iinnot be done in a manner that would comply wjth this sec_tion; and c. That no other reasonable alternative is availableto the applicant. If a variance is granted, the city manager or his au_thorized representative shall prescribe srfch reasonableconditions or requirernents a,s are necessary to mini_mize adverse eJfects u_pon the community or the sur_rounding neighborhood. - (f) This section sliall not be construecl to conflict with theright of any resident of the State of Colorado to maintain -an ?-ction in equity to abate a noise nuisance under the laws ofthe state. _ (g) Each offense of violation of this section shall bedeemed a separate and distinct offense. Supp. No. 15, 7-1-80 516-1 (h) Any person violating the provisions of this section strdtt'tre fineh not more thai three hundred dollars ($300.00) ana court costs for each violation. (Ord. No. 3959, $ f {pqrt)-; Oia. No. 3926, S 1 (part) ; Ord. No. 4237, $ 1, 7-19-77; Ord. No. 4506, $ 2, 6-3-80) Sec. 21-15. Unlawful use of vehicles. It is unlawful for any person to occupy a vehicle -upon aly city itreet if any of tlie purposes for such occupation.is the us6 of the vehiile as a permanent or temporary residence. Steepi"g overnight in a vehicle during one twenty-four (24) Iioui period whin such vehicle is parked on -aly city street or streets shall not constitute use of the vehicle as a tem- poraryresidence. (Ord. No.3926, S 1 (part)) Sec. 21-16. Hotels, motels, rooming houses, etc.-Register to be kept-Guests to correctly register. (a) A person who manages or -keeps- a hotel,. .mo19l, boardingh6use, rooming house or lodging house within the city shill keep a book in which shall be resistered shortly iti", arrival'the name and residence address of each transient guest. If guests are traveling in a motor veligl-e, the licens6 number-and the owner of such motor vehicle shall also be recorded at the time of registration. The rooms of each unit for transient guests shall be numbered and the number of the room occupied by any such guest shall be entered in such register. The register shall be maintained for three (3) years and be open at all times to all federal, state and local peace officers. (b) Each person shall register in hjs or her true name or Uv'tire ,,ame by which such person is generally known and it is a violation of this subsection for any person to write, cause to be written, or knowingly permit to be written in any such reeister in any hotel, motel, boardinghouse, rooming house or lodging $ 21-15 THE REVTSED CODE OF THE CITY OF BOULDER Supp. No. 15, 7-1-80 5t6-2 $ 22-101. s 22-t02. $ 22-103. s 22-104. $ 22-105. $ 22-106. $ 22-107. $ 22-108. $ 22-109. s 22-110. $ 22-111. E 22-t72. $ 22-113. $ 22-114. s 22-6. s 22-7. s 22-8. s 22-e. $ 22-10 $ 22-115. $ 22-116. g 22-L17. Chapter XXII PARKS, RECREATION AND OPEN SPACE* Article f. General provisions Applicability. Rules and regulations. Weapons. Fireworks. Fires, Damaging property, Wildlife protection; research projects. Trespass. Unlawful to place refuse in certain places. Disturbing the peace, Motor vehicle regulation. Horses and livestock. Other prohibited conduct Park patrol officer: Power to stop; interference with parkpatrol officer or city employees. Permit required for concerts. Dogs running at large. General penalty authorization. Article II. Leases for Cottages in Texado park Definition of "association." Authority of association. Association to determine lease period, subject to contract withcity. Removal of cottages after termination of lease. Termination for unauthorized failure of association to holdannual session-Generally. Same-Right of owners to remove cottages. Removal of cottages before termination of lease. Construction, etc., of rights under article pursuant to contractof city with association. To what cottages article applicable. Extensions and renewals. Article III. tsoulder Reservoir Division 1. Generally Dangerous areas; rules and regulations. *Fxlitor's note-section 2 of Ord. No. 4b09, adopted July 1, 1gg0,changed the title of ch. XXII from ,,Parks and Recreation,, to ,:parks, Recreation and Open Space," Cross reference-Trees, plants, etc., in public parks, Ch. 84. Supp. No. 15, 7-1-80 525 $ 22-11. g 22-t2_ $ 22-13. g 22-t4. s 22-15. $ 22-16. THE REVISED CODE OF THE CITY OF BOULDER S 22-17. Garbage, etc $ 22-18. Disorderly conduct. $ 22-18.1. After-hour entry. S 22-78.2. Use of vehicles. s 22-1e. s 22-20. s 22-2L. g 22-22. s 22-23. Division 2. Perrnits To Launch or Operate Power and Sail-Driven Boats Permit required. Issuance of permit; fees. Identification card; number to be affixed to boat' Boat insurance. Revocation. Division 3, Operation of Boats Manner of and restriction on operation. Direction of traffic. Speed limit in certain area. Seaworthiness. Life preservers. Passing-Boats traveling in opposite directions. Same-Boats traveling at angles. Overtaking. Prohibited locations for motorboat passengers. Expenditious use of launching ramp. Direction of travel-Persons launching or putting out from dock. Same-Persons approaching dock or ramp. Boating prohibited during certain times. Use of lights after sundown required. Time of operation-Morning. Priority at eity dock. Swimming-Prohibited in certain areas. Same-Exception to prohibition. Division 4. Dogs * 22-24. E 22-25. g 22-26. 5 22-27. g 22-28. E 22-29. s 22-30. $ 22-31. s 22-32. $ 22-33. E 22-34. $ 22-85. $ 22-36. s 22-87. s 22-38. $ 22-39. $ 22-40. * 22-4t. E 22-42. In park prohibited-Exception. Article [V. Restrictions on Swimming and Uses of Boats $ 22-43. Unlawful to swim and use certain types of boats in certain waters. Article V. Parkland Acquisition and Development Fees g 22-44. Lands annexing to citY. S 22-45. Construction of dwelling units. S 22-46. Parkland acquisition and development fees. S 22-47. Cost-of-livingrecornputation. S 22-48. Waiver of fees. Supp. No. 15, 7-1-80 526 PARKS AND RECREATION, ETC. Annexation petitions. Procedure for certification of fees for collection. g 22-102 s 22.4e. $ 22-50. ARTICLE I. GENERAL PROVISIONS* Sec. 22-101. Applicability. The provisions of this chapter, unless otherwise indicated from the context, shall apply to all parks, parkways, recrea- tion areas, and open space belonging to the city or which are in possession and control of the city, vrhether located within or without the corporate boundary limits of the city. (Ord. No. 4509, S 1,7-1-80) Sec. 22-102. Rules and regulations. (a) The city manager of the City of Boulder or his duly authorized representative shall ha.,.e poler and authority and is hereby empowered and authorized to arlopt rules and regu- lations after notice and hearing for the management, opera- tion and control of city parks, par'kways, recreation areas, and open space, and for the use and occupancy, management, con- trol, operation, care, repair, and rnaintenance of all structnres and facilities thereon, and all land on which the same are Io- cated and operated. By way of example, but not by vray of limitation, such rules and regulations may provide for the following: (1) Preservation of property, vegetation, wildlife, sigJns, markers, buildings, or other structures, and any object of scientific or historic value or interest; (2) Restriction on or limitation of the use of any area as to time and manner of activities, or as to permitted activ- ities; (3) Prohibition of conduct which may reasonably be ex- pected to substantially interfere with the use and en-joyment of parks, recreation areas and open space by the general public or which shall be of a general nui- sance; '&litor's note-Section 1 of Ord. No. 4509, adopted July 1, 1980, re- pealed former art. I, S$ 22-101-22-115, derived from Ord. No.3096; Ord. No. 8242; Ord,. No. 3616, g 1; Ord. No. 3681, g 3; Ord. No. 3892, $ 1; Ord. No. 3904, g 1; Ord. No. 4119, g 1, adopted July 20, 19?6; and Ord. No. 4142, S 1, adopted Oct. 5, 1976; and enacted in lieu thereof a new art. I, S$ 22-101-22-117. Supp. No. 16, 7-1-80 527 $ 22-103 THE BEVISED CODE OF THE CITY OF BOULDER (4) Establishing fees and charges for activities, programs, services and the use of any park, recreation area, open space, or facility thereon; (5) Necessary and reasonable sanitary, health and safety measures; (6) Camping and picnicking, including place, time and man- ner which such shall be permitted; (7) Use of motor vehicles and boats as to place, time and manner of operation; (8) Control and limitation of fires and designation of places where fires shall be permitted; (9) Requirements which are reasonable or necessary for the preservation and management of parks, recreation areas and open space. (b) Before any proposed rules and regulations become ef- fective, the city rnanager shall designate a date, time and place for the purpose of hearing any comments there may be to the proposals. Notice of hearing shall be given by a mini- mum of one (1) publication of the prcposed rules and regula- tions in full, and the date, tirne and place of the hearing, in a newspaper of general circulation in the City of Boulder. Rules and regulations adopted after notice and hearing shall be ef- fective upon filing of copies with the city clerk. (c) It shall be unlawful for any person to violate any such rule or regulation promulgated by the city manager pursuant to this section. (d) AII references to the city manager in this chapter or rules and regulations adopted pursttant to this chapter shall be construed to refer also to the city manager's authorized repre- sentatives. (Ord. No.4509, S 1,7-1-80) Sec. 22-103. Weapons. (a) It is a violation of this section for any person, other than a police officer, park patrol officer or other authorized Iaw enforcement officer, to: (1) Take or carry, or cause to be taken or carried, into any park, recreation area or open space, any gun, rifle, pistol, revolver or any other kind of firearm which is loaded. For the purpose of this section, a firearm shall be deemed to be loaded if it has a projectile, with charge, in the firing chamber, breech, loading chamber or magazrne; or Supp. No. 15, 7-1-80 528 PARKS AND RECREATION, ETC $ 22-104 (2) Discharge a firearm of any kind at, toward, over, into or upon any park, recreation area or open space' (b) It is a violation of this section for an5' person-, other than-a police officer, park patrol officer or other authorized law enforcement agent, to: (1) Take or carry, or cause to be taken or carried, jnto -anypark, recreafion area or open space, any bow, slin-gshot, feilet gun, BB gun or any similar m6chanical device, tlesigned for the purpose of discharging, shooting or projecting missiles of any kind. (2) Discharge a missile frcm any bow, sling'shot, pellet gun, BB gun or any similar mechanical device. (c) Nothing in this section shall be interpreted to prevent the use of firearms or other weapons at any shooting range or other area specifically designated b:r the city manage_r for said use; nor shall this section nrevent the carrying of any such firearm or weapon, if unloaded, to or from a designated range or area. (d) The city manager is authorizecl to designate and estab- lish areas within any city park or recreation area as proper shooting ranges or hunting areas. (e) This section shall not be construed to prohibit the pos- session of a loaded firearm or the discharge thereof for the purpose of defending the defendant's home, person or prqp- erty, or in the aid of the civil po\\'er when thereto legally summoned. (Ord. No.4509, $ 1, 7-1-80) Sec. 22-104. Fireworks. (a) For the purposes of this section, the term "fireworks" shall mean and include any article, derrice or substance Dre- pared for the primary purpose of producinq a visual or audi- tory sensation by combustion, explosion, deflagration or det- onation, including, without limitation, the following artieles and devices commonly known and rrsed as fireworks: Toy cannons, or toy canes in which explosives are used, blank cart- ridges, the type of balloon which requires fire underneath to propel the same, firecrackers, torpedoes. skyrockets, rockets, Roman candles, dayglo bombs, aerial shells, sparklers, trick matches, toy caps, torches. fountains, or other firervorks of like construction, and any fireworks containins any explosive or flammable eompound, or any tablets or other device con- taining any explosive substance. Supp. No. 15,7-1-80 528-1 $ 22.105 THE REVISED CODE OF THE CITY OF BOULDER (b) It is a violation of this section for any person to take or carry, or cause to be taken or carried, into any park, recrea- tion area or open space, any fireworks, including those the possession of v,rhich may not be prohibited by state law, such as sparklers. It is a violation of this section for any person to fire or explode any such fireworks in a park, recreation area or open space. (c) Permits for the snpervised public display of fireworks may be obtained as set forth in the fire code of the City of Boulder. (Ord. No.4509, $ 1, 7-1-80) Sec. 22-105. Fires. (a) It is a violation of this seetion for any person to start or maintain, or cause to be started or maintained, any fire in or on any park, recreation area or open space unless confined within a fire pit permanently erected for such purpose by the City of Boulder. It is also unlawful for any person to erect, build or construct a fireplace in any park, recreation area or open space unless a permit to do so has first been obtained from the city manager. (b) It is a violation of this section for any person to start, maintain, or cause to be started or mainta-ined, any fire in or on any park, recreation area, or open space, between the hours of 11:00 p.m. and 6:00 a.m. without first having ob- tained a permit therefor from the city manager. (c) The city manager is authorized to post signs within any park, recreation area or open space, during periods of ex- treme fire danger directing that no fires shall be built, started or maintained. It is a violation of this section for any person to build, start or maintain a fire in any pa.rk, recreation area, open space, or portion thereof, when signs are posted by the city manager prohibiting said acts. (d) It is unlawful for any person to leave a park, recreation area or open space without first having completely extin- guished any fire started or maintained by such person. (Ord. No. 4509, $ 1, 7-1-80) Sec. 22-106. Damaging property. (a) It is a violation of this section for any person to dam- age, move, remove, destroy or injure in any manner whatso- ever, or to cause to be damaged, moved, remcved, destroyed or injured any grass, ti"ee, shrub, plant, flower, railing, bridge, culvert, sign, building or any other property whatsoever be- Supp. No. 15, 7-1-80 528-2 PARKS AND RECREATTON, ETC. S 22_109 longing to the city, or under the possession and control of thecity, in, at or upon any park, recr-eation area or open space. - (b)- It shall be a violation of this section for any person toknowingly cause_or permit any domesticated animai, 6wned bythem or under theif possession and control, includiirg but nollimited to cows, goats, horses, pigs or sheep, to gtazi, pastureor run.at large, or to be driven or herded, within any park,recreation area or oqen space, except puisuant to h prioiwritten agreement with the City of goulder. - (c) It is a violation of this section for any person to roll,throw or otherwise move any rocks or bould"ers in any-park',recreation area or open space. (Ord. No. 4509, $ 1, Z-1:86) Sec. 22-107. Wildlife pnotection; research projects. (a) It is a violation of this section for any person to hunt,trap,.-net, impede, harass, molest, chase, t<iit br remove anywildlife, or -to 4aamge, destroy oi remove any nest, burrowor animal dwelling from any park, recreatiori area or open s-pace without first having obtained a permit therefor fromthe city manager. Q) It shall be a violation of this section for any person toconduct any project or research project which inclildes mark-tng,.tagging,_ sampling, trapping or removin g any soil, rock,fossil, tree, shrub, plant, flower-or wildlife, or which iricludesthe construction of a physical grid, in any park, recreationarea or open space without first having obtained a permittherefor from the city manager. (Ord. No. 4509, S 1, T-i-90) Sec. 22-108. Trespass. (a) It is a violation of this section for any person to climbonto.any building or portion thereof not designed for suchactivity. (b) I! is a violation of this section for any person to enteralg{ palkprea,-recreation-area, open space, or portion ther:eof,which is fenced or otherwise enclosed and is poited with signs,at intervals of not more than four hundred forty ( aO) v#as,which forbid entry. (Ord. No. 4b09, g 1, Z-1-80) Sec. 22-109. Unlawful to place ref,use in certain plaees. (a) It is a violation of this section for any person to de-posit, leave, dump, or.- cause to be deposited, left or dumped,any trash, refuse, garbage or rubble wittrln 'any park, recrea- Supp. No. 15, 7-1-80 528-3 $ 22-110 TIIE REVISED CODE OF THE CITY OI'BOULDER tion area or open space at any place other than within those ;;;Hi";. spdcificaily design-at-ed for the deposit of such materials. (b) If no such containers are,provided, or- if they are al- reaay filled to capacity, then all t-rash, garbage, refuse or rubbie shall be cafried-away from the area b-y the person.or persons responsible for its accumulation, to be properly drs- posed of elsewhere. (c) It is a violation of this section fqr 3n-y person to f ump, leavd. deposit, or cause to be deposited, left or du-mped, any garb6ge,^refuse, rubble or trash-in any designated container finiess" ductr trdsh originated from a -local park,, r-e-crealion area or open space actiiity such as picnicking. (Ord. No' 4509, $ 1, 7-1-80) Sec. 22-110. Disturbing the peace. It is a violation of this section for any person to disturb the peace oi others using a park, recreation area or-open space by i"at irg, generating-or 'being responsible for the making of unreasonable noise. (Ord. No.4509, S 1, 7-1-80) Sec. 22-111. Motor vehicle regulation. It is a violation of this section for any person to: (a) Willfully fail or refuse to comply with anv lawful order' ' or direction of any park patroi officer, whq are-hereby authorized and instructed to dinect traffic whenever and whe."ver needed in partks, recreation areas- and open space, and on the public roads, boulevards or parkways therein. (b) Fail to comply with any tr:affic sign in- a park, recrea- tion area o" bpen spaie relatinq 1o the operation of motor vehicles, inch-rhing but nof limited to signs with respect to speed, direction, caution, stopping, etc. (c) Drive or operate a motor vehicle within- eny palk.t iecreation area or open space, in excess of the posted speed limit. If no speed limit is posted, then. it is a violation of this seition for any person to drive or operate a motor vehicle in a pqlkr rec-reation. area or open space rn excess of twenty (20) miles per hour' (d) Drive a motor vehicle within or upon any part,of a'-' park, recreation area or open spaee except on desig- iat"a roadways or parking areas as may on occasion Supp. No. 15, 7-1-80 528-4 PARKS AND RECREATION, ETC.$ 22-113 be s.peci{ically designated as temporary parking areas by tne clty manager. (e) Remove or relocate any barricade, barrier or other de- vice erected for the purpose of controlling motor vehicletraffic in a park, recreation area or open space. (f) Park any vehicle in a manner so as to block or impedetravel on or into a designated fire road or other einer- gency access. (g) Park a motor vehicle in a manner contrary to posted signs. (h) Park a motor vehicle in a park, recreation area or open space between 12:00 midnight and 5:00 a.m. (i) The city manager is hereby empowered to post ,,tow- away" no-parking zones within any park, recreation area or open space for the purpose of clearing off-street parking areas after designated hours of opera-tion and for the purpose of clearing designated- fireroads and other emergency access routes. Vehicles Fgrked in violation of a "tow-away" sign posted in com-pliance with this section may be removed, stored and impounded pursuant to the procedures of section Z0-ZO4of the Revised Code of the City of Boulder, 196b, as amended. (Ord. No. 4509, $ 1, 7-1-80) Sec. 22-112. Horses and livestock. It shall be a violation of this section for any person who isthe owner,- a_gent, emqloyee, operator or concessibnaire of anycommercial horse stable, riding school or livery to use anyparlr, recreation area or open space for grazing br pasture o?his livestock, o1_!o use any park, recreatibn area or open spacefor training, riding or trail- riding activities of his iustomerswithout first having obtained a special use permit speeifyingthe amount of use, times and dates of use, trails or-areas to b-e used, and other details of the use. The'permit shall be inthe form of a revocable license or lease for which a fee ispaid. (Ord. No.4509, g 1, 7-1-80) Sec. 22-113. Other prohibited conduct. It is a violation of this section for any person to do any ofthe acts hereinafter specified within anypirk, recreation ireaor open space: (a) To camp or lodge therein without first having obtained a permit therefor from the city manager.. No. 18, z_1_80 528-5 * 22-tr4 THE REVISED CODE OF THE CITY OF BOULDER (b) To carry or possess any glass bottle or other container made of glass. (c) To drive or hit eolf balls, except at such place be set apart for that purpose by the posting by the city manager. (d) To wash dishes, empty waste liqu-ids or in any otber manner pollute the water of any fountain, pond, lake, stream or ditch. (e) To sell or offer for sale any merchandis-e, article or thing without the express permission of the city man- ager. (f) To sled, toboggan or slide except on roadways, d-esig- nated trails oi other areas designated and posted for such use by the city manager. (g) To ride or lead horses on any -landscaped park or recreation area unless upon a public equestrian way designated by the city manager. (h) To operate any public address system or other ampli-' fied -sound system, under circumstanees which can reasonably be expe'cted to draw an audience- of fifty (50) or more people, without first having-obtained a iermit from th-e city manager to the prgvisions of sec- iion22-715. (Ord. No.4509, S 1, 7-1-80) as may of signs Sec. 22-114. Park patrol offieer: Power to stop; interference with park patrol officer or city employees. (a) Park patrol officers shall enforce citv ordinanees and regulations intended for the protection of city,parEs, recrea- tion area and open space, and-shall perform such other duties as may be assigned by the city manager. All park patrol of- ficer -appointees shail receive Colorado Law Enforcement Training-Academy (CLETA) training through the police de- partment. Upon datisfactory completion of sueh training, the-officers shalt be commissioned as park natrol officers and have conferred upon them police poweis sufficient to enforce such ordinances 6nd resulations, -and to protect park patrons and property, including the power to carry firearms. (b) A park patrol officer may stop any pers-on whom he reasonabl;i suspects is committing, has committed, or is- about to commii a violation of this chapter, and may require him to give his name, address and an eipanation of his actions. This stopping shall not constitute an arrest. Supp. No. 15, 7-1-80 528-6 PARKS AND RECREATION, ETC. S 22_116 (c). When a park patrgl officer has stopped a person forquestioning-and reasonably suspects that his personal safety requires it, he may conduct a pat-down search-of that person for weapons. (Ord. No. 4509, g 1, T-1-80) Sec. 22-115. Permit required fon concerts. (e) e permit must be obtained under the provisions of this section for a concert in a city park, or recreation area. A con-cert is a live or recorded musical performance by an individ- -ual, band o-r orchestra intended for, or which cah reasonably be expected to draw, an audience of fiftv (50) or more neonld.No permit issued under the provisions of thiS section witt'ex-pire subsequent to 11:00 p.m. (b) An application for a permit wilt be filed at least two(2) days prior to the requested date of a concert with thecity -manager. A security deposit of twenty dollars (920.00), yhich amount may be waived, or may be increased as here-inafter set- forth, will accompany the application. The applica-tiol-rnust be_signed by at least one (1) adult City of gbutaer resident;-and if the permit requested is for a live-concert, theindividual performer, band leader or orchestra leader mustsisn the application. -The application will be furnished by thedirector of parks and recreation and shall include the fdlow-tng: (1) The- name and address of the individual, group or or-ganization sponsoring the concert ; (2) The name, address and telephone number of the individ- ual or individuals in charge; (3) The -park or recreation area or portion thereof forwhich su_ch pe_rmit is desired; however, no permit shallbe issued to allow a concert on open space froperty. (4) The nature of the source of the music; (5) The day and hours for vrhich the permit is sought; (6) An estimate of the anticipated attendance. (c) Upon receipt of the application, the city manager shall: (1) C-hgck to ver,ify the accuracy of the information fur- nished. (2) Review the schedule of park or recreation area use toensure that there is no conflict with prior applicationsor scheduled activities of the parks and recfelation de_partment, which activities will take precedence. In the Supp. No. 15, 7-1-80 528-7 $ 22.115 THE REVISED CODE OF THE CITY OF BOULDER event of a conflict, the applicant will be notified so that the application may be-amended by the applicant to avoid the conflict. (3) Review the requested site to determine whether or not' the carrying capacity of the site is adequate -fqr tle proposed us-e. "iarrying capacity" of a site shall be de- termined through an assessment of availallle seating, parking and sanitation facilities. No permit s.ha,ll pe granted for a site if the proposed use may result in ir- reparable damage to flora and fauna. (4) Review the proposed time of -the c-oncert- and, the esti- mated attendance, and consider other relevant circum- stances to ensure that the security deposit is adequate for the protection against possible damage to city prop- erty and to defray costs of restor?tion- of the premises to i neat and orderly condition. The city manager- will have the authority to require up to an additiona] de- posit if he determines the twenty dollars ($2-0,00) is insufficient. The applicant will deposit the additional amount upon request. The city managgr- may .alqg -re-turn the security deposit of twenty dollars ($-20.00) forthwith if he determines it is not necessary under the circumstances to protect the interests of the city. (d) If the applicant fulfills tlq-e -requirements hereinabove sel forth, tfre iily manager shall issu-e a permit unless the proposed'concert ivould result in exceeding the-carrying capa- titv ot the requested site. The following conditions shall be attached to the Permit: (1) That the applicant will take all reasonable steps to pro- tect city faCilities and property against damage. (2) That the applicant will cle-an- up and restore the prem- ises used to -a neat and orderly condition. (3) That no admission will be charged for the performance unless it is a city parks and recreation department sponsored event. (4) That the applicant will be responsible to see that the'-' noise emanatine from the mus-ic source complies at all ti*es with standards set forth in section 21-L4 of. the Revised Code of the City of Boulder, 1965, as amended, anything to the contrbiy which may be contained in seCtion 21-14 notwithstanding. (5) That the applicant will be responsible to see that all'-' members of the band or orchestra comply with all ap- plicable state and citY laws. Supp. No. 15' 7-1-80 b,g_g PARKS AND BECREATION, ETC S 22_116 (6) That the applicant will at all times insist that the mem-bers of the audience comply with all applicable state and city laws. Any breach of an-y.- condition,of the permit during the courseof the concert will revoke the permit. The concirt will im-mediately cease. Any attempt tb continue the concert afterthe revocation will be deemed a violation of this section. . (e") The applicant will, after the concert and during work- 1qs hours, contact the city manager to inspect the are"a used.If no damage has- been done and the area-has been piopertv clea_ned, tle security deposit will be returned. ln the-eiientlh"eapplicant has failed to discharge his obligations, the city man_ager will retain a sum sufficient to cover the damage aia/orrestore the premises to a neat condition. In the Event thesecurity deposit _does not completely indemnify the city forthe damage or cleaning costs._necessary to restore-the"area,tlp ?pp_licant shall be_Gsponsible to the city tor ttre ,-tro"[ag".(Ord. No.4509, $ 1, 7-1-80) Sec. 22-116. Dogs running at large. (a) Excep_t as may be provided for in subsection (b) of thissection,.in all parks, recieation areas and ope, space tocaieaoutside the c-orporate limits of the city, it is a violiiion oi tirissection for the owner or keeper qf ahy dog to ,ttow-ttie dogto run at -large- unless- such dog is aclompi"iea f/ a- pe"ro"and is within view and voice control of suth persori. (p) ln any park within the city limits, and in any otherparx, recreatton area, oper-l space or part thereof designatedand.posted as req_uiring-a teaih on a dog, it shall d;;i;;iuifor the owner or keeper qf a4v_ dog_to aTtow suctr aog to re'insuch area unless it is on a hand-held leash. (c) Any dog found running at large in any park, recreationarea or open space located outside the city's- c-orpoiate bound-aries_, and not accompanied by a pe,rson, may 6t-irnpo-unaetl Py_ ttS .city_manager- pursuant to^the proviJions oi--.frupt",IV of the Revised Code of the Citv bf eoutder,-fgdSl'asamended. (a). n-+y dog observed by a police officer of the city. narkpatrol officer or other dulyauthorized agent of tlie ;li? fi;"_ager, running at large in violation of this section, u"a-rr"_nlng, worrying, menacing, threatening or endangering per_ sons, domestic livestock or any specieJ of wildlifel a"a-'rria'.,such circumstances as to creat-e a threat to the .uruiy of rocrr Supp. No. 15, Z-1-80 ,528-9 g 22.II7 THE REVISED CODE OF THE CITY OF BOULDER person, domestic livestock or -species of wildlife, -may be^de- itiov"i if deemed necessary ty ttre observing officer. (Ord' No. 4509, $ 1, 7-1-80) Sec. 22-11?. General penalty authorization. Upon conviction for a violation of a1f section or subsection of a^section of this ihapter, unless otherwise providetl to the contrary in this chapter, a peisql shall be subject to a.fine "oT to """"eed three^huidred dollars ($300.00) or imprison- *&t foi a period of not to exceed ninelv (99) {uy.'-o-t^by both .u"fr iine and imprisonment. (Ord. No. 4509, $ 1, 7-1-80) ARTICLE II. LEASES FOR COTTAGES IN TEXADO PARK Sec. 22-6. Definition of "associatoin." As used in this article, the word "association" shall be deemed to mean the Colorado Chautauqua Association. Sec. 22-7. Authority of association. The association is authorized and empowered to grant leases to -u"r ie*ponsible person or persons for the erection and mainibnanc'e of a cottage or cottages upon any lo-t or lots in teiaao Park in conformity with rules and regu.lations lowila; ;i that shall hereafier be made bv such association' (Code 1925, $ 783) Sec. 22-8. Association to determine lease period, subject to contract with citY. Everv Texado Park cottage lease shall be for such pe-riod of time aJ the association detelmines; provided, that such term shall not extend beyond the date of the expiration of the lease i;.ffiTh; Ait ao such association, March-6, 1961, or to. such i"ilt "i periSd as the lease from the city t-o qq.^[ association may be extended. (Ord. No. 1356, $ 1; Code 1925, S 786) Sec. 22-9. Removal of cottages after termination of lease' Any cottage erected pursuant to-lease under this article shall ne-ieinovea"from such park within six (6) months after the Supp. No. 15, 7-1-80 52&10 PARKS AND RECREATION, ETC.s 22-46 article. Where boating boat must wear a life j $ 1, 5-16-78) is permitted, each occupant in any acket. (Ord. No. 3404; Ord. No. 4356, ARTICLE V. PARKLAND ACQUISITION AND DEVELOPI}IENT FEES* Sec. 22-44. Lands annexing to city. Any owner of land or petitioner for annexation of land tobe annexed to the City of Boulder and to be zoned for resi- de-ntial- use sh,all- pay to the city, in addition to any and allother fees and charges whiclr may be lawfully impbsed, theparkland acquisition and development fees set forth-in section 22-46. Said fees shall be paid prior to the second reading ofthe annexation ordinance. (Ord. No. 4480, S 2, 2-b-80) Sec. 22-45. Construction of dwelling units. At the time of application for a building permit for theconstruction of any building in the City of Boulder which isto contain one- (1) or m_ore dwelling units, the building permit applicant shall pay to the city, in addition to any and all feesand charges wh-ich _may be lawfully imposed, -the parkland acquisition and development fees set forth in section 2Z-AA. mthe event that an existing dwelling unit is demolished orotherwise removed in order that a new dwellinE unit mav beconstructed, the parkland acquisition and development feesset forth herein shall be applicable only to the resulting net llcrqase_ in dwelling units. (Ord. No. 4480, S Z, Z-E-BO; Ora. No. 4488, $ 1,3-4-80) Sec. 22-46. Parkland acquisition and development fees. The parkland acquisition and development fees as set forthin this article shall be two hundred eighty dollars ($280.00) p91 1qultiunit dwelling and four hundred -forty-seveii dollars($447.00) per single-unit dwelling. For the purposes of this article, the terms ,,multiunit dwell- 11t8," "single-unit dwelling," and "dwelling unit,, shall be de-fined as set forth in sections B7-tt}Z; BZ-B0B(a) (1), (B) and(4) ; 37-gOg.1(a) ; and BT-808.2(a) of. the Reviied'Cbae <if tneCity of Boulder, 1965, as amended. The fees paid to the city *Editor's note-Section 1 of Ord. No. 4480, adopted Feb. b, 1gg0, re- pealed ch. XXII, art. V, Sg 22-44-22-47, and, enacted a new art. V, $$22-44-22-49. SBZ Supp. No. 15,7-1-80 in aceordance with this section shall be separately accounted for in the permanent parks and recreation fund and shall be used for th'e purpose of acquii'ing and developing n-ew neigh- bo::hood and iommunity paikland and broadening the recrea- tional opportunities and- development of existing .parks--to serve tfd needs of the additional city residents. (Ord. No. 4480, $ 2,2-5-80) See. 22-47. Cost-of-living recomputation. The fees described in section 22-46 shall be recomputed annually, effective January 1, by the city manager- on the basis oi'the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for AII Urban Consumers for the D6nver-Bouldei' Standard Metropolitan Statistical Area (All items ;1967 - 100). The recomplrtation shall be made by rirultiplyini the amounts described in section 22-4p by the same percentage (rounded to the nearest one-tenth of one percent; as the percentage by which said Consumer Price index f6r the month of September prior to the effective date of recomputation exceeds such index for the month o-f Septem- ber in the previous year. Any amount so increased that is not a multiple bf one dollar ($1.00) shall be increased to the next higher multiple of one dollar ($1.00). (Ord. No.4480, S 2, 2-5-80) Sec. 22-48. Waiver of fees. Parkland acquisition and development fees, or portions thereof, may be waived by the city council after considering recommendations by the planning board and parks and recrea- tion advisory board upon-a finding that waiver is in the public interest. Br way of illustration, without limitation, the fees may be wiived- in whole or in part, when sufficient Plblic recieational areas of facilities acceptable to the city have been dedicated to the city or provided by the building permit ap- plicant or annexee, ind tite perpetual use of such recreational ireas by the general publiC has been assured by documents satisfaciory to the City attorney. The pub-lic- recre-ational areas refeired to in this section shall not include yards, set- backs or any other open areas required by city zoning and building regulations. (Ord. No. 4480, S 2, 2-5-80) E 22-47 TEE REVISED CODE Otr'THE CITY OF BOULDEB Sec. 22-49. Annexation petitions. Any petitioner for annexation of lands to be annexed to the City 6f Boulder and to be zoned for residential use shall agree to iray the parkland acquisition and development fees as set Supp. No. 15, 7-1-80 538 PARKS AND RECREATION, ETC $ 22-50 forth in this article. The agreement, which includes the promise to pay said fees, shall be executed by the petitioner prior to the first reading of the annexation ordinance, and it shall provide as follows: (a) In the case of then existing dwelling units and dwelling units for which a building permit has been applied for prior to the first reading of the annexation ordinance, the fees shall be due and payable prior to second read- ing of said annexation ordinance. (b) In the case of dwelling units for which a building per- mit is applied for after the first reading of the an- nexation ordinance, the fees shall be due and payable at the time of application for the building permit. If said fees are not paid when due, then such shall be grounds for the City of Boulder to withhold approval of the annexation or of the building permit until the fees have been paid. Nothing in this section shall be construed to limit the remedies available to the city in securing payment of said fees. The agreement shall be recorded to put prospective purchasers and other in- terested parties on notice; and the promise to pay such fees shall be deemed to be a covenant in all respects binding upon, affecting and running rvith the land and shall be enforceable against the personal representa- tives, heirs, successors and assigns of the petitioner. A release for a part or all of the real property annexed may be obtained from the director of finance and record when the fees have been paid. (Ord. No. 4480, $ 2, 2-5-80; Ord. No. 4488, $ 2, 3-4-80) Sec. 22-50. Procedure for certification of fees for collection. In the event that any person neglects, fails or refuses topay when due any and all fees as required by this article, the fees due and unpaid may be certified by the director of finance and record to the county treasurer using the procedrlre set forth in section 14-301 of the Revised Code of the City of Boulder, 1965, as amended. (Ord. No. 4488, g 3, 3-4-80) 539 Supp. No. 16, 7-1-80 Chapter XXIII PLUMBING AND MECHANICAL CODE-LICENSING Plumbing Code S 23-1. Adoption of plumbing code. Mechanical Code $ 23-5. Adoption of mechanical code. PLUMBING CODE Sec. 23-1. Adoption of plumbing code. Pursuant to the power and authority conferred by the lawsof the State of Colorado and the Charter of the City of Boulder, there !q adopted as the plumbing code of the City of Fo]rld.t,. by refe_rence thereto, the Uniform Plumbing Cbde,1979 edition, and appendices thereto, together witfr f,apUdInstallation Standards, 19Tg edition, published by the Inter-national Association of Plumbing and Mechanic'al Officials,to have the same force and effeCt as though fully set fortliherein-in every_p?rticular, save and except such portions asare deleted, modified or amended in the adopting- ordinance. (Qrd. -No. 3685, S 1; Ord. No. 4326, S$ 1, 2, B--t4-79; Ord. No. 4501, S 1, 6-23-80) MECHANICAL CODE Sec. 23-5. Adoption of mechanical code. -Pursu?nt to the_power and authority conferred by the lawsof the State of Colorado and the Charter of thi City ofB^oulde!-there is adopted as, the mechanical code of the Cityof Boulder, by refefence thereto, the Uniform MechanlcalCode, 1979 edition, together with appendices A, B and Cthereto, including appended Uniform Mechanical Code Stand-ards, -and Uniform Building Code Standards, 1929 edition,published !V_ !1-r. I-nternational Association of -plumbing andMechanical Officials, to have the same force and effelt asthough fully set forth herein in every particular, save ande5cep! such portions as are deleted, moaifiea or amended inthe adopting ordinance. (Ord. No. 4b02, S 3, 6-28-80) 54L Supp. No. 15, 7-1-80 WATER AND SEWERS s 36-8? burdens of any such limit be equitably sharedwlerever possible by all those bririging d,bout thecircumstances responsible for setting such limit, and f. The immediately projected demands upon theutility. The city manager will consider as onecustomer any user, or combination of users. whichare controllgd by, or subject to the control'of, thesame individual, group of individuals, or businessentity. If a limit is put on a customer, then the customer qha.ll. be given the option of ins{alling pretrettmLntfacilities so that his discharge into the-sy^stem wili-fereduced to acceptable levels. Such facililies shall beinstalled within a reasonable time after notice ln wril- ing_ to the custome-r, and shall be installed, mai*ainehand _o-perated at the customer,s expense.'During theinstallation. period th_e clty manage^r wiU ;ttem-pt-i;accommodate the needs of the usefexcept where in hisopinion the objectives are so fare trangiessed thaf ttieutrlrty cannot treat the sewage of the user unless it ispre_treated or that there will be serious harm to theu-tility. If during such period the sewage is ireatea anathere are additional id-entifiable costs"incidenf ltrerelothe customer will be charged and pay therefor. .. Plans, specifications and any other pertinent informa-tion relating to proposed pretreatment facilities-strailbe submitted foi the appl.oval of the cit.y manaqei.No construction of such-facilities shall be commenllduntil apqroval is obtained in writing. Each sewei;G:tomer who installs pretreatment faEilities shall inslaitmeasuring devices and shall submit monthly to the citvmanaggr,_ on forms supplied by him, a ceitified state_ment of th_e quantities and the concentrations of wasfesdischarged -into the public sewer. Such documents *[aUbe filed with the city manager not later thin ltJtentii iuy^q-f the following-month. A separate statemenl musibe filed for each _pretreatment Tacility. Ait-;easil;:ments, tests, sampling, sampling contr6l manhoies. anaanalyses required for compliante with the piovi'sionsof th.is paragraph- shall be -governed by the iroui.iori,of subsection (c), hereinafter describedl- (4) Whenever tlre city mana_ger determines that any cus_tomer is failing to comply with any provijion'o"t tfiissection, or a directive issued by him in accoraance 6EG6 SUPP. No. 16, ?-1-80 S S5-8? THE REYISED CODE OF THE CITY OF BOULDER with his authority granted by this section, the city ,na"agei ii authoiized to disconnect or take any other steps-which are required to- prevent further or con- ti"ili"g noncompliante. He will attempt to immediately give n'otice of d-isconnecting or the other action taken' frec-onnection will not be allowed until it can be estab- ii*tiea before the city manager that further discharge will compty with the requirements of this section or a airectiie issued under-this section. If reconnection is ij"imitted, the costs incident thereto shall he qaid by ihe custoin"r. The customer will also be respons.ible to pav the costs of disconnection. The authorizations to riistonnect or take other steps granted herein, und-er subsection (b) (2), and elsewhere in this section, to ttte ciiv mu"agir'aril'in addition to all other authorities and remed"ies contained in this chapter or otherwise allowed by law. (5) Any person violating any p-rovision of this section or unlawtully connecting to the line or the city sewer system in any mann& shail be subj-eqt to a maximum fine of thre6 hundred dollars ($300.00) and/or im- prisonment for ninety (90) days. Each day's continu- ince of any violation is a separate offense. (6) In addition to any penalty described above,-each cus-' ' to*", that dischaiges any toxic pollutants which cause an increase in the cost -of managing the e,ffluent or .iuase of the treatment plant shall reimburse the sewer utility for such costs. (c) Measurement and, reportlng qf waste discharges-' \ach se*Li iu.io*e" that is required [o install measuring devi_ces, .t ati rrii-it monthly to tlie city manager' on forms supplied by him, a certified statement of the- quantities and the con- c6ntrations of the wastes discharged into the public sewer' Sucti aocrments should be filed with the city-marager not tat"i tfran the tenth day of the following month. A separate siute*e"t must be filerl for each point of discha'ge into the public sewer. Average quantities and concentrations of waste which -r.t fJ measured and certified by each individual sewer customer subject to monthly reporting shall be: Liquid in million gallons. Concentration of five-day biochemical oxygen demand (BOD) in milligrams Per litre. Supp. No. 15, 7-1-80 656-6 WATER AND SEWERS $ 35-87 Concentration of chemical oxygen demand (COD) in milli-grams per litre. Concentration of suspended solids (SS) in milligrams per litre. Concentration and quantity of discharge subject to pre- treatment as described in subsection (b) above. Unless otherwise provided, all measurements, tests, sampling and analyses required hereunder, shall be in accordance wit[the latest edition of "standard Methods for the Examinationof Water and Waste 'Water," published jointly by the Amer-ican Public Health Association, The American Waterworks Association and the Water Pollution Control Federation. (7) Sampling chamber. In order to provide for accurate sampling and measurement of wastes, each nonresiden-tial sewer customer subject to reporting of waste dis- cha-rges_ as described hereinabove shall provide, oneach of its waste outlet sewers, a large manhole orsampling chamber to be located outside of or near its b_ouq{ary line where feasible. If inside a fence, there shall. be ? Bate near the sampling chamber with a keyfurnished to the city manager. there shall be ampl-eroom in or near each sampling chamber in order-toaccurately sample and composite the samples for anal-ysis. Control manholes, sampling chambers and re-lated equipment shall be installea Uy the sewer cus-tpmer, -at- his expense within sixty (60) days of thedate of the notification to do so, and shall -be main- tained- by him so as to be accessible and in proper operating condition at all times. Sampling and cont:rolmanholes shall be such as to provide safe access forauthorized personnel of the City of Boulder at alltimes; (2) l,-iquid, quantity measurements. F,acln sampling chambershall contain.a parshall flume, accurate weiri or simi-lar device, with a recording and totalizing register formeasurement of the liquid quantity; or the meteredyatql supply to the sewer customer may be used asthe liquid quantity where it is substantiated that tlie metered water supply and waste quantities are approxi-mateiy the _same, -or where a measureable adjtislmentcan be made in the metered supply to determine theliquid quantity; (3) Sampling. Samn_les shall be taken every hour, properlyrefrigerated and composited in proporiion to the ^flow Supp. No. 15, 7-1-80 65G7 for a representative twenty-four (24) hour sample. Such sampling shall be repeated on as many days as necessary to insure representative quantities for the entire reporting period. Sewer customers with wide fluctuations in quantities of wastes who are requiredto submit monthly reports, will be required to install an automatic sampler paced automatically by the flow measuring device, with analyses every day of the year. Minimum requirements for sampling determinationof representative quantities and concentrations shallbe reevaluated during each twelve-month or lesser period as deemed necessary by the city manager. The determination of representative quantities and con- centrations shall include not less than seven (7) con- secutive days of twenty-four (24) hour composite sam-plilgs taken during periods of normal operation, to-gether with acceptable flow measurements. The frequency of sampling, sampling chamber, metering device, sampling methods, and analyses of samples shall be subject at any time, to inspection and verification by the city manager, or his authorized agents or agents. Samples may be taken at any time by the city manager.or his authorized agent and analyzed to verify the information being submitted on the month-ly report. Plans for sampling chambers, with their locations shown on a site plan, shall be submitted for the approval of the city manager and no construction of such facilities shall be com- menced until such approval is obtained in writing. (Ord. No. 3836, S 1; Ord. No. 4412, $ 4, 4-3-79; Ord. No. 4446, $ 1, 9-18-79) S 85-87 THE REVISED CODE OF THE CITY OF BOULDER Supp. No. 16, 7-1-80 656-8 [The next page is 656-11] WEAPONS $ 86-6 (b) It is unlawful for any person to have in his possession, outside of his domicile, a loaded gas or mechanically operated gun or weapon. (c) It is unlawful for any person to discharge or fire any gas or mechanically operated gun or weapon within the city, except in an enclosed building, or area, operated as a shooting gallery. (d) Any law enforcement officer who has reasonable grounds to believe that a violation of this section has occured may, in addition to any other action that he may take, seize the weapon used in said violation. Any weapon so seized shall be secured by the law enforcement officer in accordance with the rules and regulations of the chief of police. Upon convic- tion of a violation of this section, the chief shall make disposi- tion of the weapon. (Ord. No.3760, $ 1) Sec. 36-4. Forfeiture of weapons. Every person convicted of any violation of this chapter shall forfeit to the city the dangerous or deadly weapon concealed, displayed or discharged. (Ord. No. 3681, g 2) Sec, 36-5. Disposition of seized weapons. Any weapon seized by a police officer, for a violation of any section of this chapter, shall be secured by the police officer in accordance with the rules and regulations of the chief of police until trial for the violation of this chapter. Upon conviction of a violation of section 36-2 or 36-3, it shall be the duty of the chief of police to make disposition of the weapon. (Ord. No. 3316) Sec. 36-6. Exemptions from chapter. Nothing in this chapter shall be construed to forbid United States marshals, sheriffs, constables and their deputies, and any regular, special or ex-officio police officer, or any otherlaw enforcement officer from having in their possession or discharging such weapons as are necessary in the proper dis- cl?rgg of their duties as law enforcement officers. Nofhing in this chapter shall be construed to apply to any person acquir- in-g a permit as provided for in Article III of this chapter-and who has in his possession or discharges a weapon in accord- ance with that permit. (Ord. No. 3681, g 2) 66G1 Supp. No. 16,7-1-80 ZONING $ 87-101 S 37-1003. Height exception procedure. $ 37-1004. Minimum usable open space and floor area ratio require- ments. S 37-1006. Standards. Article XI. Definitions 5 37-1101. General interpretation. $ 37-1102. Words and terms. 37-L20L. 37-L202. 37-L203. 37-1204. 37-1205. 37-7206. s 87-1207. $ 37-1208. $ 3?-1209. $ 87-1210. s 37-1211. $ 87-1301. $ 87-1302. s 37-1303. $ 37-1304. $ 37-1805. $ 37-1306. $ 37-1307. s 37-1308. Article XII. Floodplain Begulations Purpose. Definitions. Flood regulatory area. Applieability and administration of regulations. Existing structures and uses. Permitted uses in floodway district-Standatds and condi- tions of use. Permits of other uses-Floodway district. Pernritted uses-Flood storage district-Standards and con- ditions of use. Provisions for flood hazard reduction. Enforcement and penalties. Nonliability of city. Article XIII. Building Permit Limitation Definitions. Allocation required; proeedure for allocation for exempt units and for those under commitments. Number of allocations to be approved. Information required for application. Merit system. Conditions on approval; termination; rights on assignment, Call-up. Construction of article; severability. Appendix Appendices A ( 1 )-A ( 6) Parking Design Standards Appendix B Lot Area Reductions Appendix C ARTICLE I. INTRODUCTORY PROVISIONS Sec. 37-101. Title. _ Thir chapter shall be known and cited as the ,,City ofBoulder land use regulations.,, (Ord. No. B?80, $ t (paitii Supp. No. 16, ?-1-80 671 $ 3?-102 THE REVISED CODE OF THE CITY OF BOULDER Sec. 37-102. Purpose. The land use regulations and districts, as herein set forth, have been made in accordance with a comprehensive zoning study with reasonable consideration, among other things, -tothe 6haracter of each district and its peculiar suitability for particular uses with a view to conserving the value of. p-rop- erties and encouraging the most appropriate use of land throughout the city. This chapter is designed to lessen congestion in the streets; to secure safety from fire, panie and other dangers; to pro- mote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schogls, parks and other public r-equirements; and to aid in realizing the policies, objectives and goals of the city's comprehensive plan. In additioq the city council takes notice of the dramatic growth the city has witnessed in the preceding decade and that the problems generated by such growth can be expected to continue. The city council also finds that the city has a unique geographic setting, and that such rapid growth and urbanizalion d-emands sensitive control of development in order to preserve and enhance the amenities of this setting and prote-ct the city from the worst excesses of urban sprawl and -scattered development which have occurred in other metropolitan areas of the nation. Therefore,, the city -councildeclarbs that this chapter is adopted for the following ad- ditional specific purposes : (a) To promote coordinated, sound development, taking into consideration the city's unique geographic setting, amenities of view and open space; (b) To prevent the overcrowding of land, poor quality in development, waste and inefficiency in land use, danger and congestion in travel and transportation, and any other use or development which might be detrimental to the stability and livability of the city; (c) To encourge innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type and design of dwellings and by the conservation and more efficient and attractive use of open space; (d) To advance a more effective use of Iand and a higherquality in site planning reflecting improvements in Supp. No. 16, ?-1-80 672 ZONING $ 37-203 A RR.E ER.E LR-E HR.EMR.E" MR.D HR.DLR.D MR.X HR.X AAA AAA Residential Districts l. Singleunit dwellings 2. Multiunit ilwellings 3. Boarding and roomins houses, fraternities and sororities and dormitories 4. Retirement homes 5. Croo flower production, orchards, production and forest A I land 6. Public aenior elernentary, junior and high schoole A A I A AAA A A A A A A A 7. Churchee-l.ocated on a lotof at least 2 acree in eizewith each building gituated at leaat 25 feet from allproperty lines A A A A 8. Parks,- plqyfields, play-grounde and golf couraes- Operatp{ .by.a-public agencyor nergnDornood or home ownert' aseociation 9. Essential municioal and oublic utility useg, facilities, e-erv- icec and buililingg-hovided businege officeg. -reoair. gtor- age and production fa6ilitiea are not induded 10. Child care centers ll. Mobile homes and mobilehome parka, eubject to thebulk requiri:menti and allregulations of ChadcrXXXVUL "Mobile Hohes and Mobile Home Parkg" 12. Recreatiorral buildinsgures-Operated bv a pri nonproft agpncy A s S A S A S s s s s s s s a and vate, s 13. Peraonal service outlets, in- cluding but not limitd to, A: Uee allowed by right S: Uge permitted by apecial reviewt: Use prohibited e The marinrum number of units per building, regardlees of the deneity, shall be four. 677 Supp. No. 16, ?-1-80 g 3?-203 THE REVISED CODE OF THE CITr OF BOULDER RR.EER.E MR-EALR.E LR.D MR.DMR-X HN.E HN-DHR.XResidential Dietricta barber and beauty ehops, shoe repair shops, self-ser- vice laundries, travel agpn-cies, photographic studios,and automated teller ma:chines*SSS 14. Places for the retailing ofgoods, provided the stores are meant primarily for the convenience of the residentsof the area in which it is located, not the whole com-munity*SSS 15. Places for the retailing ofgoods, including, but notlimited to, drug, book, sta-tionery, liqucr, florist, orspecialty shops, provided such uses are located in an office or apartment and such uses individually or colleotivelv do not exceed 25Vo of the [ota] gross floor area ofthebuilding I * * S 16.Offices t * * S lT.Professionaloffices * S S S 18. More than one use within an individual building when the uaes are complementary orprovide places of employ-ment; provided, however,that each use must be per- mitted in the individual dietrict by right or have been approvld ai a special reviewuaeAAAA 19. Automobile parking lota andgarages'*SS 20. Acceaeory buildings and usee A A A A 21. Parochial or independent,private elementary, junior and senior high achoole S S S S ffi-se allo*ed by right S: Use permitted by apecial review ': Uee prohibited a: Ttre maximum number of uniti per building, regardlees of the deneity, ahall be four. Supp. No. 15, 7-1-80 678 ZONING RN-E EN-E LR.E MR.E. LR.D MR.D MB.X ! 37-208 IIB.E HB.D Hn-xRegidential Districte 22. Groupcarefacilitiee,includ- ing but not limited to, res-idential care facilitiee, ehildren'g homes, halfway houses, rehabilitative cen- ters, 6roup foater care and senior citizene group homes s(b) S S s 23. Indoor eating and drinking establishments, which may include meal eervice on an outside patio not more than 1/3 the eize of the indoor eating space 24. Medical and dental clinics 25 Residential inatitutions, in- cluding but not limited to, nursing homes, convalescent homes, rest homes and hedi- cal residential facilities 26. Limited living unit 27. Group quarters 28. Hostels 29. Quad dwelling 80. Day care home A NB.E BB.I} nB-xBueinese Digtricte 1. Motels, hotels and resorts-Including newsstands, gift ahope and sinilar incidental usee conducted entirely within the principal building 2. Medical rrnd dental elinicg A: Uge allowed by right S: Use permitted by epecid roviowt: Uec prohibited a: The marimum number of units per building, rc3ardlco of tho dcodty, ehall be four. b: The lotql ocgrqancy 4ay !-e _iqclgaged to eight (8) persons by theplanning board. See section 37-303.2(a). 679 Supp. No. 16, ?-1-80 s s AAA s A s s A TB.E TB.D CB.E CB.D A A A A s A ! 3?.203 THE REVISED CODE OF THE CITY OF'BOULDER Buelnerr Dirtrictr 3. Membership clubr-Not conductod primarily for gain ,1. Officea-Including profeeeional, fi' nance, inaurance and other aervicor 6, Vocational, businere and privata schoole and univereitics 6. Indoor eating and drlnking esttblish' menta which may include meal ger- vice on an outside Patlo not rrore than 1/3 the size of the indoor cating 8pace ?. Automobile parLing lots 8. Personal service outlets, including' but not limited to, barber and bcauty shope, ahoe repair shopa, lelf'rcnricc laundries, dry cleaning outlets, travel agencies, photographic studios and automated teller machines 9. Parling garageg 10. Gaaoline service stations 11. Places for the retailing of gooda' provided such uses are enclosed in an office, apartment, hotel or motel buildlng and euch ucee individually or collectively do not erceed 25Vo of the total floor area of the buildiry and dl display and aales areaa are locatad within the buildinS, including, but not limitcd to, drug, bool, delicatog.Gn' atationery, liquor, florist or 8pecialty apparel ehopa 12. Placeg for the retailing of gooda, provided no individual building or uee shall exceed 36,0(X) aquare feet in total floor area, including, but not limitcd to, supermarkets, varietY, A: Use allowed by right S: Uae pcrmittsd by rpccid review only '' Uac prohibitod Supp. No. 16,7-1-80 680 TB-E TB.D s CB.E CB.D RB.E RB.D RB.X A A A s A s A A A A A A A s s A A s A A s A s s A A ZONING Burhor Dlrtrlott rporting goodr, hardwan or radio and tclevitlon rtorer 13. Placcr for the rrtellinj of 3oodr, not limitrd by totel lloor rroe, lncludint, but not limited to, drpartncnt .torr, major compariton foodt .torG or furnitulc warehouta ltotl 1{. Indoor amu.GmGnt rnd rntorteinment crtabliehmcnts 16. Mobile homc rahr, vchlcle rnd vc. hiclc ecccuory dcalcrr end rcpeir rrvicor, but not including junlyrrdr 16. Commcrcial urce, lncludlng, but not limitod to, animel horplteb, clcanln3 !"q hundry plantr, cold .tonf.loclcr, dupliceting tcwlccl, furnitule tnd applianco rcpelr, lumbcr dcolcrr,paint etorce, rcntal crteblirhmrntr,cll walhol, tranrportrtion cGntara, building equipmcnt and wholcraling aervicea 17. Outdool eating and drinlring crteb- lirhrrcntc ft. Golf ooulrlG!, outdoor amuroment and cntorteinncnt crteblirhncntr, and rccrcational buildingr and urca 19. Multiunit dwclliryr 2(). Churchcr 2f. Limitcd living unit 22. Group quutcre 2tl. Hortcle 24. Qued dwellins l': Urdlorndbyrtbt & Ur potoitt d by rpodel rovlry only ': Urc prohlbittd TB.E TB.D a CB.E CB.D I 37-208 BB.I RB.I) nB.x A a A s A s s A A A a a a a A s s A A A A A A s A A A A A A s A A A A A A 681 Supp. No. 15,7-1-80 s 37-203 THE REVISED CODE OF THE CITY OF BOULDER Businees Districts 26. Parks, playfields and playgrounds 26. Essential municipal and public utility uses, facilities, services and buildings 2?. Mortuaries and funeral chaPels 28. More than one use within an indi- vidual building when the uses are meant to bs comPlementarY or Pro- vide places of residence in conjunc- tion -with places of emPloYment; furthermore, the uses are permitted in the individual district either by right or have been aPProved as a special review use 29. Accessory buildings and uses 30. Financial institutions 31. Boarding and rooming houses, frater- nities and sororities, and dormitories 32. Child care center A: Use allowed by right S: Use permitted by special review only*: Use prohibited Supp. No. 15, 7-1-80 6g2 Industrial Districts l. Research facilities, testing laboratories, and facilities for the manufacturing, fabrication, processing or assembly of products; provided I["i *"6-rualities are iompletely enclosed and orovided that no effects hom noise, smoke, Llare. vibration. fumes or other environmental iactois are measurable at the property line 2. All other research facilities, testing laborato- -"1"". and facilities for the manufacturing, fab ri"ilion. processing or assembly of products; orovided fhat such facilities are not detrimen- fat to the public health, safety or general welfare and-provided that the following per- formance staridards are met: (a) Smoke: No smoke shall be emitted at a'-' densitv which exceeds No. 1 on the Ringlemann Chart. (b) Particulate matter: No particulate- matter shall be emitted which exceeds 0.2 grain /cubic foot of flue gas -at -a . stack temperature of 500 degrees Fahrenheit' A S A S A S TB.E TB-D A CB.E CB.D A A RB.E RB.D RB.X A I.D A A A A A s A A S A s A A A A s I-E ZONING s 37-203 I.DInduetrial Dietricts (c) Dust, qdo5, Ba!,-fumes, glare or vibration:r\o emlsslon ot these matters shall result ina concentrati.on qt or beyond the prooertvune wtuch is detrimental to the publi; h eal th, . safety or_ ger,"ial- *etlLi' t" [i.,i cr,causes rnrury or damage to property. (d) Radiatio-n hazards and electrical disturbance.s: No operation shall be -cond-ucted unlegs -it conforms to the standards estab F:ff gln:lr,fr t"r$:Slto5;iiff; ']]:r:pertzdning to radiation control. (e) Noise:- No noise shall be emitted whichexceeds a.maximum of Zf dba,-wil[* "maximum increase.of S dba permiit"e-i;; "maxim.um of 15 minute" i" lriv-,i"" tiir".ln.addrtron, every. activity shall be conduc_r€d so that no noise produced is objection_a.hle. -due to i ntermitieidb;;; fr"dil;;; ""shrillness. (f) Water pollution: No water pollution ehall beemtrted. by _the manufacturing or other fl lffi " ? -ll i, "lt"ai " uI T:l"f",#},tfl iii?C f$ilif"'?tti tft ::*?3['."*,*, #trne racrltty may begin. 3. Offices 4, Vocational schools 5. Indoor eating and drinking establishments on :1,:i3fl f; ,'""i"f, t'#"$r:t'#*t'iT"'-iiiv"o'" 6. Automobile parking lots 7. Gasoline service stations 8. Sales, service and st-orage of mobile homes, 9lTpels, boats, bicycles, -motor v;hi;le;. ;'o_ J:il',tiis,, xo# lTf iL. f, l$ " ;ff s s orie s . f or' su ch I-E A At A A s2 A A A s A A A s A A: Use allowedl by right S: Uee perm.itted by special review only': Use prohibirted I' so long as at least r.b off-street parking spaces per 800 square feet offloor area are provided. 2. so long as they are part of a planned unit development, and at leastL'rcff-street parking spaces per 800 square f""t;ifil;;,;;;;;"';"* 68il suPP' No' 15' 7-1-80 ! 3?-203 THE REVISED CODE OF THE CITY Or BOULDER lndurtrial Distrlctp 9. Commercial usel (excluding retail storer) ln- cludlng, but not llmited to, the followln$ Lumberyardr, nuratry stock productlon and ules, yard cquipncnt and rupply dealln' Orc- wood operationr, building contractorr 3nd equipment, trrnsporhtion conters, oervlcc 5lr' agee, trucking serviccr, dispoaal truck rtortSo, wgrehouses, wholode operations, hourehold equipment rnd appllence repair, rentrl otab- liehments, crr wqahat, animal hoopitall. lrcn- nels, bulk cleaning and laundry plantr, cold storage lockert, and ;lrinting aervices, provldcd adcguate safe5uardl are taken to Prot at adjoining proportlol from objectioneblo or harmful gubstlncet, oonditions or operltlons 10. Extractlve indurtrler 11. Egrcntial munictpal and public utility uoes, facilltics, servictl ud buildinga 12. Single.unit dwelltnsr and mobile homel 18. Aceessory buildings and uses 14. Indoor eating cnd drinking ertablirhmonts whish may include neal eervice on rn outdde pstlo not more thm 1/3 tho rize of the lndoor eating space 16. Becroational Uuildlngs and uses 16. Automated tgllcr Bachines (ATM'g) 1?. Child oare center on the same lot as, and in" cidental to, eny use allowed by right or spe= cial review 18. Day care achooll Publlc end Atrlsulturrl Dlrtrlctr 1. Single-unit dwelllngs I.D I.D A s s s A A s s A s s A s s A A s P.E A A I A.E A 2. Crop production, orcharda, nunerier, flow9! production, pglturea, grazing land and forert land A: Usc dlowed bY rEht S: UsG peroittad by ryecid review only '' Urc prohibitod Supp. No. 16,7-1-80 6g4 A A ZONING I 37-208 Public and Agricultural Dirtricta-Cont'd. 3. Animd production and hurbandry .or-vicea-Not including commcrcial feed tote rl. Municipal, county, rteto and fcderal ura,facilitier, aervlcee and buildings 6. Public collegea and univerriticr 6. Hoepitale ?. Parks, pJayfields, playgrounds and golf coursGaoperated by a public atency 8. Cemeter:ies 9. Essential public utility usee, facilities, acrviceeand buildinga lO. Campgrounde ll. Ertractive industrieg 12. Acceasory buildings and ureg 13. Public and private nonprofit uses providing acommunity gervice ll. Churchea-Located on lots of at least 2 acrcr ingize with each building eituatod at leaet ii L"tfrom all property linea 16. Airporte and heliports 16. Medical offices and clinics on I lot upon which a hospital ie the princlpal use or a Iotcontiguous thereto, provided that the grolsfloor area of all guch office or clinic- ure does not exced 26 percent of the gross floorarea of the hospital to which it is related and is occupied only by physicians and oralrurgeons who regularly admit patients to ruch hospital rL Uro dlowrd by rfiht g-. Y- pcraitted by rpcslrl 3cvicw onlyt: Ur prohibitad 685 P.E s A A A A A A I a A s A.E A a a a A A A s s A a A a A s g a Supp. No. 16,2-1-gO ad E zo Hc,l -lI I@o (b) Bulk Requirements 1. Eetablished Districtg ZONING NEQUINE. MENT NR.E ER-E LB-E MB.E HR-B TB.E CB.E RB-E I-E P-E A-E 1. Minimum lot area (sq. rt.) 2. Minimum lot area per dwelling unit (eq. ft.) 3. Minimum number of off-street parking apaces per dwelling unit (a) 4. Minimum number of off-street parking spaces per 3OO sq. ft. of floor area for nonresidential uses and their acceesory uses h 5. Minimum front yard setback for all principal buildings and uses (ft.) For all accessory build- ings and uses (ft.)(g) 25 25 25 25 -20 feet of landscaped area- (which may include access driveways) 30,ooo 15,ooo ?,000 6,000 6,000 6,000 6,000 6,000 7'000 7,000 5 acres 3o,ooo 15,ooo 7,fi)o 3,5{n 1,600 1,600 r,600 1,600 7'000 7'000 5 acres it\,og) rt tr, FE cr) tr, U oo U It' orrd rl E o rl o.t tro F UEF Onect) @ C') One One One One One One One One One One .75 For multiple unit dwellings, I b-edroom requires l-space; 2 bedrooms-require 1.5 spaces; 3 bedrooms require 2 spaces; and,4 or more bedrooms require 3 spaces. i .50 .50 25 60 One 25 60 25 60606060 60 60 60 60 60 ZONING NEQUIBE. IIENT BN.E EN.E LR.E MB.E IIR.E TB-E CB.E BB-E I-E P.E A-E 6. Minimum aidc yatd mt- bacl from a stroct for dl buildingF and uroe (ftXbXc) 7. Minim'n eide yard rct- back from an intcrior lot line for dl principal usce (ft.Xc) For all acsgsaor!/ uaGt (ft.xc) 8. Miriimun total on the same lot for both eide yardg (fL) 9. Minimrtn reer yard set- bac} for dl principd urce (ft.) For dl asoclro- ry uros (ft.Xc) 10. Marimum hcight for dl principal ura (ftJ(O For dl asollsory utaa (fL) 25 15 10 5 5 26 L2.5 L2.5 L2.5 15 r5 r5 r5 -L2 f*1,, if any side yard is provided- -12 feet, if any side yard is provided- i5 25- lo -3 feet, if any eide yard is provided- 151010 -3 feet if any is provided- 25 30 10156)o{ Noz zo 40 26 l5 15 25 25 25 25 35 --:{ t9 308 a r,r, zo c,r -atIFI@o 36 36 35 36 35 35 35 35 25 25 25 20 20 -3 feet, if any yard ieprovided- 20 25 35 35 25 20nnn20202020n 6 g)t't9o CD -.l E' FE at{ U oo U E'o,at rl E'o-l ,< ort tro CF U E'F .50 15 aFlEp zI .gl -ilI I@o 2. I)eveloping and Redeveloping Dietricts ZONING REQUNE.MENT LB.D MB.D IIB.D TB.D CB-D RB.D I-D MB.X HR.X RB.X l. Mininun ueable opcn speo! por dwclling unit (rq. ft.)(e) !. l|fi1i6rrm numbcr of off-etrcet parking rpacoe Per dwelling unit (axi) 3. Minimum nuober of off-stroet parling spacee per 3fl) rq. ft of floor area for nonrceidential uscs end thcir accreeory uscs, erctpt rostaurants and bara (h) 4. Minimum front yard aetbacl from a gtreet for dl principal buildinga and uecs (fa) (g) 5. Mininum front yard gctbacl for all acceeaory buildings and usot (ft). 6,000 3,000 l,2oo l,xx) 1,200 1,2@ 1,600 1,600 8oo Eoo For multiple unit dwellings, I bedroom requires I space; 2 bedrooms require 1.5 spaces; 3 bedrooms require 2 spaces; and, 4 or more bedrooma require 3 spacea. 1.5 1.5 1.5 1.5 1.5 One .75 .75 .75 20 20 20 -20 feet of landscaped area- 20 (which may include access & egress drivewaya) 55 55 55 55 55 55 55 55 55 55 ZONING BEQUIBE. MENTS LB.D MN.D IIN-D TB.D CB.D RB.D I.D MN.X IIB.X RB.X 6. Mininum ridc yud rt- brcl frorn o iatorior lot-lino for dl principel buildiryt end ua (ft) (c) 7. Sctbacl from an intcrior eide lot line or rcar lot line for dl acc€rso4t buildingn and ueor (ft.) (c) 8. Minimum rear yard ret- bacL for all principd ue6s (fL) 9. Marimum height for all principal uees (ft.Xf) <ne foot for every two foot of building hcisht- -3 ft. if any ia provided- -20 feet, if any side yard is provided- 20 20 45 45 3(d) one foot for every 3 feet of 60 feet, if more than one line, with no less than 15 feet per side. If only 1 interior line, 45 feet 20 45 35 building height (d) but no leas than 5 ft. L2 if any Noz zo oo(o 152 -Jilo@ 20 45 35 20 35 20 35 20 35 rAI\, n 9 IJ sn -tI I@o -3 ft. if any is provided- 20 l5 35 35 35 35 zoNrNG REQUTBE- MENT LN.D ltlN.D IIN.D TB.D CB.D RB.D I.D MR.X IIR.X RB-X @ -n o 'l 15 Ft{ aE U oo U FI ottj 'l T' o 'l orn troct UEF 35 1010r0 att,t5 , 9 t-ql -:t aH I@o ct,(oo For all actsrlory ur€a (fr) 10. Minimum side yard setback from a stroot for all buildinge and uses (ft.)(b)(c) IE 10 l0 18 r8 lE l8 t8 25 l8 18 -20 feet of landscaped area- (which may include acpess and egress driveways) (a) See supplemcntal rcgulations for parting requiremente for comparable uses-Dormitories,roominghougeg, "Greel" hour6, homea for elderly, epecid housing projects, etc. (b) Uee principal building front yard s€tbacL where adjacent lot fronts upon thia etreet. (c) No part of any etructure may project into an eaaomont. (d) No interior sidc yard when the abutting property owners are in joint agreement. (e) The dwelling units allowed can be determined by following the erample and formula contained in the appendir attached to theee regulations.(f) The 3S-foot height linit may be erceeded only in certain areag and only under the standards and proceduree provided in Afticle X "Height Reetrictiona" of Chapter XXXVIL (g) All required yarda abutting a street, and required open space, mugt be landscaped, ercept within the RR-E, ER-E, or LR-E zones. If required yarda contaiq drivewaya, auch driveways shall be situated at approrimatoly right anglee to the streot. (h) See section 37-318 for parking requirements for restaurants and bars. (i) For single unit buildings, a minimum of 1.5 spaces are required. (Ord. No.3814, $ 2; Ord. No.3?50, $ 1 (part); Ord. No. 3989, g 1,5-7'J4-; Q-rd. No.-4Q1Q, $ t, r-zt-2tr; orii. No.40?8, $ B, 1-i0-z6j o"a, No.4321, g 1, 2-7-78; ord. Ng. 44-18, !_1,6-t-zg; ord.'No. 4475, S t, 1--6-80; ord. No. 4504, g l(a)-(d), (f), (g),7-1-80; ord. No. 4611, S$ 1(a), (b),2,7-l-80; Ord. No.46f2, S 1, 7-1-80) .ARTICLE III. SUPPLEMENTAL ZONING REGULATIONS See. 37-301. Uses ,allowed by right and uses permitted byspeclal revlew. Uses allowed-by right and uses permitted by special reviewmay be tocated in the same building. (Ord. N6. BZS0, g I(part) ) Sec. 37-3i02. Usable open space. (a)- Usab_le o-pen -space is landscaped area, includins re-quired y'ards abutting. streets, .whici is free of buiidings,structures, and other substantiai improvements. .. (b). Tle following examples are listed by way of illustra-tion to indicate what.may be. counted as ilsable Jpu"-,pr"ewithin th.e meaning of this-section: (1) Outdoor swimming pools,-asso-eiated solar collectors,svlimming pool areas,- hard surface_ recreational a"e"s,arrd other recreational areas, provided these aieas a"eunenclosed, and fences, canopi-es, bath houses. and a._cessory structures for recreation use, whether enclosedor unenclosed; (2) Drivervays- which cross- the required yard at approxi-mately right angles and serve less thari three (gi'park- rlr.9 spac€s i (3) Unqglground facilities, provided the ground surfaceq-uL,alifies as usable open -space under ttrl piovisions otthis section. (4) Pedestria! ways and pla,zas within a building whichare.directly_oriented to the major pedestrian e-ntianceof the building and are open tb vibw and-irs; br-tli;public. ,. (c), The ,followin-g examples arq Iisted by way of illustra-f,ron ro rncricate what may -not be counted as - usable openspace within the meaning of this section: (1) Public or private rights-of-way for streets or high-ways; (2) Roofs; (3) Open parking areas; (4) Parking garages; $ 3?-302ZONING 690-1 Supp. No. 16, 7-1-80 S 37.303 THE REVISED CODE OF THE CITY OF BOULDER (5) Slopes in excess of fifteen (15) per cent unless ap- proved as part of a planned unit (section 37-506(d)). (Ord. No. 3750, $ 1 (part) : Ord. No. 3997, $ 1, 8-6-74; Ord. No. 4504, S 2(a), 7-1-80) Sec. 37-303. Group residences. (a) Density; In districts where permitted the densities for the following uses shall be computed as follows: (1) Accommodations for three (3) occupants in any room-ing and/or boarding house, fraternity, sorority, or dormitory shall be considered to be one "dwelling unit." (2) Three (3) hotel or motel units shall be considered to be one "dwelling unit." (3) Accommodations for three (3) occupants in any hostel or group quarters as defined in article XI hereof, shall be considered as one "dwelling unit." The occupancy of a hostel or group quarters may be increased at the planning board's discretion to four (4) occupants per dwelling unit through the special review process. (4) Accommodations for every four (4) occupants in a quad dwelling shall constitute one "dwelling unit." (b) Of f-street parking requirements : (1) For rooming and./or boarding houses, fraternities, sororities, dormitories, group quarters, or hostels, the required parking spaces for each set of accommoda- tions for three (3) occupants shall be two (2) spaces. (2) For motel or hotel units, one parking space shall be provided for each motel/hotel unit, plus additional space as required by section 37-203(b) for the non- residential facilities such as restaurants, bars, confer- ence and meeting rooms. (3) The parking requirement for a quad dwelling shall conform to the ratio required for multi-unit develop- ment, as follows: Four (4) bedrooms require three (3) spaces. (Ord. No. 3750, S 1 (part); Ord. No. 4418, $ 2, 5-1-7e) Sec. 37-303.1. Limited living units. (A) DensitA.' In districts where permitted, the density for a limited living unit shall be as follows: Supp. No. 15, 7-1-80 690-2 zoNrNG g s?_308.2 (1) Three Iimited living units shall be considered to beone "dwelling unit." _,!Fl Off-srtrge!^pgll.cjryg: For each timited living unit, amrnrmum of 0.58 (7 /lZ) .parking spaces shall be provided,regSrdless of other provisions her6in regaiding 5ff-sireetparking requirements.- (Ord. No. 4419, S 2,3-1-i9i sec. 37'303.2. Group care facilities and residential institu-tions. (A) Densi.ty: (1) Six.-(6) occupa-nts,.including staff, in any group carefacilitv.. or residential institu=tion stiaii ue -6ofiria"'r"ir tobe one "dwelling unit.,, (2) The occupancy oJ a . grogp care facility may be in-creased at the planning bbard,s discretion t6 a totalof eight (8). -occupants,lncluding staff, wittri" the-lowdensity resideltial zones. The-planning board shallconsider the following guidelines-when &ercising saiddiscretion: (i) Occupants.should be of grade school age (five (b)to twelve (12) years old) or sixty_five" (6E) years and older. (ii) The floor area .ratio p_er person for the facilitymust comply with both (1) state health/socialservices Jlcensing-standardi,' and (Z) ttie Citv ofBoulder Housing Code.(iii) Off-street parking requirements should be Eearedto the use and needs o-f the facility and numlir ofvehicles ge-nerated by the facility, ana neea -not comp{y with other off-street parkirig requirementscontained in this chapter. .(B) Dispersd policy: In order to prevent the concentrationor.group care facilities and residential institutions and thepotential neg-ative impact on a neigliUoih6d tili ili, t" 3rf*1q PJ, 1 !i*f, concentration of iittre of tt ".e -fu.iliti"., Tg,two .(z) group care facilities may locate within one_quartei\Ia) lmre ot each other, nor may two (2) residential ihstitu-tions locate within ealg-quartei \W- iil" ;f ;;;h -;ir,."." a"exceplion- can be made, ai pranniirliboara;s ai.""ittioii,-ii irr.two (2) facilities are deparated bi t ti,y.idi 6;""itr-lrJf,'r*an a-rterial collector_ (e.g., baselini roia, ti<ira-*".vi. goirlh., Creek,. commercial diitr:idts, topog"apt i;rt - ;h;;;d.:' # "Jiir", conditions that mitigate th6 nei,ed toi aGp""sil; iriui'" ii.il-ities. 690-2.1 SuPP. No. 16,7-1-80 ZONING $ 37-306 Sec. 37-306. Fences, hedges and walls. . A fence, hedge, wa!, column, pier, post or any similar typestructure, or any combination of suchstructurei. may be ner-mitted in--the- require_{ yards of the various districtj, subjectt9 the following conditions and. requirements. It is intenhedthat these conditions and requirements shall provide privacy and_ protection, and screening and accenting^ of shrubs andlandscaping, without unduly interfering with the view from ne-ighboring -properties or jeopardizing the safety of pedes- trians and vehicles: (a) All fences and walls are subject to building code re-quirements. (b) It shall be the responsibility of the property owner to locate all property lines. (c) No fence, hedge or wall may extend beyond or across ap.roperty line unless in joint agreemenl with the abut_ting property owner. (d) I!o- fence, hedge or wall shall be placed nearer thaneighteen (18) inches to any public sjdewalk. (e) No barbed wire or other sharp,_ pointed or electricallycharged fence shall be permitted,-except as followsl (1) Ip+porary fences on construction sites may be ashigh as lequjred to protect the property -during the period of construction and may -hav-e barbelwire wher_e it is not less than eight-(g) feet abovethe ground; (2) In the A,.ag-ricultural, district, barbed wire andloran electric?lly charged fence may be permitted asan internal. fence_ (i.e., not on tlie pr6perty) usedto contain livestock; (3) I-! the B, busiless, I, industrial, and p, public, districts-, in addition to those perniitted in iequire<iyards, fences and walls may be permitted in ac_cordance with the height a"na settracts-oi sT"u"_tures as set forth in section SZ-ZOB(b). When setback at least twelve-(lZ)_feet from the propeityline, they may also have barbed wire wtr'ere-it i-snot less than eight (8) feet above the ground. (f) Fences and walls shall not exceed seven (Z) feet inheight.-Height, including retaining walls o" ottr"r stru"_tures, shall be measured as follows: Supp. No. 16, 7-1-80 691 (1) In required yards abutting a stre-et, it shall.bgihu' ' total 6ffectiire height measured from the finished grade on the side nearest the street; (2) In other required yards, it shall be the total effec- tive height -above the finished grade measured on the side nearest the abutting property; (3) On property lines the height -may -be m-easured from tlie finished grade of either side when the abutting property owners are in ioint agreement. (g) Any fence, hedge or wall placed with-in fifteen (15)'-' feel of the inteisection of a public sidewalk (or pro- posed location of such walk) and an. 1!19v o1- drive--way, shall not restrict or obscure the visibility through such fence, hedge, or wall by more than twenty-five (25) perceirt of i1s total vertical plane area. Such fence, hedle or wall shall maintain at least seveffi-five (75) perdent of the unobstructed view when viewed at an ingle of ninety (90) degrees from the direction of the ferice, hedge oi wall, and a distance of thirty (30) feet. (h) On corner lots, no fence, hedge, st-ructure, wall or' landscaping display shall interfere with the unobstruct- ed view over thirty-six (36) inches above the nearest street in a restricted triangular area formed by the three (3) points established bY: (1) The intersection of the property lines at the corner, and (2) By measuring thirty (30) feet back from this in- tersection on each property iine, except that rail type fences not exceeding forty-two -(42-) inches in-height, with not more than two (2) four-inch rails, mounted on a minimum number of four-inch posts, may be permitted in the restricted triangu- iar arca.-(Ord. No. 3814, $ 1; Ord. No. 4504, $ 2(b),7-1-80) Sec. 37-307. Horses. Ridins horses for use of occupants of a lot and their guests may be kept as a permitted aCcessory -use provided at least one (f ) acie of paslure area is available on the same lot for each horse. (Ord. No. 3750, S 1 (part) ) Sec. 37-308. Lightingfixtures. $ 3?-SO7 THE REVISED CODE OF THE CITY OF BOULDER Any light used for the illumination of parking areas, off- streef loading areas, swimming pools or any other purpose Supp. No. 15, 7-1-80 692 ZONING $ 37-308 must be arranged in such a maRner as to meet the following conditions: (a) Lights must be shielded so that the heams or ravs oflight will not shine directly onto surrounding areai; (b) Neither the direet nor the reflected light from any light source may create a traffic hazard, to operators of molor 692-L Supp. No 15,7-1-80 ZONING $ 37-312 (4) Where the renting of rooms is to two (2) roomers, at least one additional off-street parking space must be provided. (b) Mult'iunit dwellings. The renting of rooms to one (1) or two (2) persons, not members of the family residing in the same multiunit dwelling, may be permitted as an accessory use provided that the total number of unrelated persons, in- cluding roomers, in any dwelling unit must not exceed four( ). (Ord. No.3750, $ 1 (part)) Sec. 37-312. Yards abutting upon major arterial highways and collector streets. There may be established and designated major arterial highways and collector streets on which the minimum yard requirements shall be greatcr than is required by the other- wise applicable district regulations. (a) Offi.cial setback map. An official setback map indicat- ing those roadways to be designated as major arterial or collector streets shall be prepared by the traffic engineer. The planning board shall review such map and submit an advisory report to the city council thereon. The official setback map shall then be submitted to and approved by thecity council. The traffic engineer shall periodically review the map and may submit proposed amendments to it to be reviewed by the planning board and acted upon by the city council. (b) Maior arterial hi.gh,wags. Any lot or tract of land nowin the city or which may hereafter be annexed to the city which fronts on or adjoins any six-lane major arterial hi.gh- way indicated on the official setback map shall have a mini- mum yard adjoining such highway of the greater of : (I) Ninety (90) linear feet from the center line of the highway, or (II) Twenty-five (25) Iinear feet from the lot line adjoining the highways right-of-way. Any lot or tract of land now in the city or which may here-after be annexed to the city which fronts on or adjoins any four-lane arterial highway indicated on the official setback may shall have a minimum yard adjoining such highway of the greater of: (I) Seventy-eight (78) linear feet from the center line of the highway, or Supp. No. 15, 7-1-80 695 $ 37-313 THE REVISED CODE OF TIIE CITY OF BOULDEB (II) Twenty-five (25) linear feet from the lot line adjoining the highways right-of-way. (c) Collector streets. Any lot or tract of land now in the city or which may hereafter be annexed to the city which fronts on or adjoins any collector street so indicated on the official setback map shall have a minimum yard adjoining such street of the greater of: (I) Sixty-five and five-tenths (65.5) linear feet from the center line of the street, or (II) Twenty-five (25) linear feet from the lot line adjoining the street right-of-way. (d) Collector streets at 'tntersectian wi,th major arterial or collector streets. The official setback map shall indicate those intersections at which collectors intersect with a major arterial or collector street, which require additional right- of-way for turning lanes. Lots which front upon or adjoining such collectors and lie within three hundred (300) feet of the major arterial or other collector street right-of-way shall have a minimum yard adjoining said collector of the greater of: (I) Seventy-four (74) linear feet from the center line of the street, or (II) Twenty-five (25) linear feet from the lot line adjoining the street right-of-way. (e) The additional setback requirements provided in this section shall not apply to roadways included within a major thoroughfare project for which a preliminary design has been approved by the city council. In any such case, the permissible setback shall be twenty-five (25) Iinear feet from the proposed right-of-way lines as indicated on the approved preliminary design. (Ord. No. 3750, S 1 (part); Ord. No. 4504, $ 2(c),7-1-80) Sec. 37-313. Buildings on the same lot. Only one prinicpal building shall be permitted on any lot unless approved as part of a planned unit under article V of this chapter. (Ord. I{o. 3750, $ 1 (part) ) Sec. 37-314. Participation in mandatory parking districts. The off-street parking requirements of section 37-203(b) shall not apply to nonresidential uses which are within a mandatory parking district established under Chapter XLVI, "General Public Improvements and Facilities," of the Revised Code of the City of Boulder, l-965, as amended. (Ord. No. 3750, S 1 (part)) Supp. No. 15, 7-1-80 696 ZONING $ 37-504 included in the planned unit. The application will be made on a form provided by the city and must include a consent by the own-ers of all property to be included in the plan4ed unit. The application mnst be accompanied by a site plan and a written statement. (a) Site plan. A complete site plan showing the major de- tails of the proposed planned unit prepared at a scale of not less than one (1) inch equals one hundred (100) feet shall be submitted in sufficient detail to evaluate the lanil planning, building design and other features of the planned unit. The site plan must contain, insofar as applicable, the following minimum information: (1) The existing topographic character of the land. (2) Proposed land uses. (3) The location and size of all existing and proposed buildings, structures, and improvements. (4) The maximum height of all buildings. (5) The density and type of dwellings. (6) The internal traffic and circulation system, off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way. (7) The location, height and size of proposed signs, light- ing and advertising devices. (8) Areas which are to be conveyed, dedicated or reserved as common park areas, including public parks and' recreational areas, and as sites for schools or other public buildings. (9) Areas subject to a one hundred-year flooding cycle. (10) A general landscape plan at the time of initial sub- mission to be followed by a detailed landscaping plan, once the site plan has been approved, showing the spacing, sizes and specific types of landscaping mate- rial. (11) A shadow analysis (see Appendix C). (b) Wrttten statement. The written statement to be sub- mitted with the planned unit application must contain the following information : (1) A statement of the present ownership and a legal description of all the land included in the planned unit. Supp. No. 15, 7-1-80 704-L $ 37-505 THE REVISED CODE OF THE CITY OF BOULDER (2) An explanation of the objective to be achieved by the planned unit, including building descriptions, sketches or elevations as may be required to describe the ob- jectives. (3) A development schedule indicating the approximate date when construction of the planned unit or stagesof the planned unit can be expected to begin and be completed. (4) Copies of any special agreements, conveyanees, restric- tions, or covenants, which rvill govern the use, mainte- nance and continued protection of the planned unit and any of its common park areas. (5) A list of the owners of abutting properties and prop- erties located within three hundred (300) feet of the property lines of the land included in the planned unit, and their addresses from available county records. (c) The applicant may submit any other information or exhibits he deems pertinent in evaluating his proposed plan- ned unit. (Ord. No. 3750, S 1 (part);Ord. No. 4504, $ 3(a), 7-1-80) Sec. 37-505. Review and approval. (a) After reeeipt of an application for a planned unit, the planning department shall post the prope::ty indicating thata planned unit application has been filed and that more detailed information may be obtained from the city'splanning department. The planning department shall alsonotify by mail the owners of abutting properties .andproperties located within three hundred (300) feet of the property lines of the land included in the planned unit, that a planned unit application has been filed and that they mayreview the application during the planning department'sregular office hours. Such written notice shall also alert such owners to the fact that a public hearing may be held before the planning board at a later date foi which noticemust only be published, ard also of the possibility of afurther public hearing before the city council, again for which only published notice is required. The aforementioned notice by mailing is to rea,sonably ensure that surroundingproperty ownerfs are aware of a proposed planned unit development being considered, but any minor omission or defect in the mailing shall in no way impair the validity of the proceedings. If any omission or defect in the mailing is brought to the attention of the planning board, at or prior tothe public hearing, the planning board shall consider the Supp. No. 15, 7-1-80 704-2 (6) Pedestrian traffic in terrns of: Safety, separation,. 'convenience, access to points of deitination and. .l:attractiveness; . (7) Building type in terms of: Appropriateness to i. L , density, siterrelationship and bulkl (8) Buildnig design in terms of : Orientation, spacing,materials, color and texture, storage, signs ancilighting; (9) Landscaping of total site in terms of: purpose such as screening or ornamental; types used-andmaterials used, if any; maintenancel suitability; and effect on the neighborhood; and (10) Building design and siting in terms of the con-sideration of the orientation of the lots, structureand roof to allow solar applications and-the effectof shadows on adjacent stiuctures. (Ord. No. 3250, _$_ 1 (pa1t) ; Ord. No. 40T8, $$ 4-6, t-ZO-76; Ord.No. 4418, S B, 5-1-29; Ord. No. 4804,'S B(b), Z-1-80) Sec. 37-506A. Administrative guidelines and policies. ,It is-reco-gn_ized,that in order to achieve the flexibility that p.lanne{ unit developryent is intended to achieve, ana to"avoia the- rigidit-y that so frequently has charactefized developmentunder orthodox zoning regulations, some requirements orstandards of section BZ-b06 must of necessity be impreciseand subject to various interpretations. For -example, suchph-rases as "adverse- -effects," ..probable number 6f 'cais-;; "planned in relationship to,, and 6ther expressions wiit in ttiecourse of -time begin to acquire more precise meaning as theplannrng .4epartment and the planning board review and passupon applicat_io4s. To ensure a reasonable consistency in- theapplication _of these terms and fairness to applicantsj the de- FQltment shall from time to time place on -fublic file in itsoJfice a report setting forth what guidelines for policies it'orthe-planning board has followed oi modified in passinE unona-pplications or otherwise with respect to the inteipretaTion- ofthe standards and requirements oi section 8?-506. (Ord. No.3750, $ 1, (part) ) Sec. 37-507. Development in stages and time of approval. .. (1) The applican-t must begin and substantially completethe development of the plannid unit within two" (2) ,Gr"from the time of its finai approval. If the planned irriit"i.-to Supp. I.Io. 16, 7-1-80 706-3 be developed in stages, the applicant must begin-and substan- iil"Uv'"o-"ipt"te-ttre--aevetopment of each stage with.in tyo (2)- ;;#. "f-hte- time pioviaEa for the start of construction of 6acl .tag" in the deielopment schedule. (2) If the applicant does not begin and substantially s 3r-50? THE REVTSED CODEOT:mrE crIY oF BOUT,DER S,npp. No. 16' ?-1-80 706-,4 zoNING S 37-602 unit-applications to cover the costs of processing and review.(Ord. No. 3750, S 1 (part) ) Sec. 37-513. Approving agency. As used in this article, "approving agency,, means the plan- Tjng- department, planning board or city council, whicliever {r]]g-tty- approves an application for a planned unit. (Ord. No. 3750, $ 1 (part)) ARTICLE VI. BOARD OF ZONING ADJUSTMENT Sec. 37-601. Organization of a board of zoning adjustment. - (a) There is created a board of zoning adjustment, to beknown as "the Board of Zoni\s Adjustrient"of the CiiV ofBoulder, Colorado," and to be herein-after referrea to ln "tfris article as "board." (b) The membership of the board must consist of five (E)residents of the muniiipality, appointed by the city counbii.Their terms of office aie fivi: (-E) years, and must be iixedso that the term of office of one (f) member expires eacliyear. Appointments to fill vacancies are to be mad-e only forthe unexpired -portion of the term. The city council may re-move -any meryber of the board for eause updn written chirgesand after public hearing. -(c) The board shall elect from its own membership itsofficers, who_shal-l serve annual terms and who may sutceedthemselves. For the conduct of any hearing or tiie ialing ofany action, a quorLrm of three (B) membeis is requirea."Anaffirmative vote of thi'ee (B) mbmbers shall be necessaiv toauthorize any a-ction of the board. At the first meeting of eachyear, the board shall adopt such rules and regulatiSns as itdeems necessary for its prbcedure. (Ord. No. BZ-5O, $ t fparll j Sec. 37-602. Procedure. In addition to an.y req-uirements the board may adopt byrule, the board shall conduct hearings and make aecisioirs iiraccordance with the following requirements: (a) Public notice shail be given of all hearings, and all hear-ings shall be open to the public. (b) The board shall keep a record of the proceedinEs. eitherstenograqhically or by sound recordlng; and-a'trans-cript of the proceedings and copies of giaphic or writ_ Supp. No. 16, 7-1-80 709 $ s?-60s THE REVISED CODE OF THE CITY OF BOULDER ten material received in evidence shall be made avail- able to any party at cost. (c) The board shall render written decisions, accompalied by findings of fact and conclusions based thereon. Con- ciusions based on any provision of this chap-ter, or on any rule or regulation, must contain a reference to su6h provision,lule or iegulation and the re-ason-wJqY the cbnclusion is deemed appropriate in light of the facts found. (Ord. No. 3750, $ 1 (part)) Sec. 37-603. Powers of the board. The board shall have the power to (a) Hear and decide appeals where it is- allegetl - by the appellant that there is error in any order, requirement, di6ision or determination made bv an administrative official based on or made in the enforcement of the zoning chapter. (b) (1) Hear and decid.e, grant or deny applications for' variances from the provisions of the zoning ordi- nance. However, th6 board may not grant vari- ances from the provisions of this zoning ordinance governing the use, height or density -of lald or Euildings, or the pfovisions governing planned unit developinents, pl^anned developments or planned residential dbv6lopments. In -granting aly vari- ance, the board may attach such reasonable condi- tiond and safeguards as it may deem necessary to implement the purposes of this ordinance. (2) The board may grant a variance only if it makes' findings that itt ttre following requirements, inso- far as applicable, have been satisfied: (i) That there are unique physical circumstances or conditions, such as irregularity, narrowness or shallowness of the lot, or exceptional topo- graphical or other physical conditions peculiar to the affected ProPertY; (ii) That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located; (iii) That because of such physical circumstan-ces or conditions, the property cannot reasonably be developed in conformity with the provisions of this zoning ordinance; Supp. No. 15, 7-1-80 710 ZONING $ 87-701 (iv) That such qnnecessary hardship has not been created by the applicant;(v) That the variance, if granted, will not alterthe essential character of the neighborhoodor district in which the property is located,nor substantially or permanenfly impair thr!appropriate use or development of adjacentproperty;(vi) That the variance, if granted, is the minimumvariance that will afford relief and is theIeast modification possible of the zoning ordi- nance provisions which are in question. (3) Notwithstanding- th_e requirement of findings inp-aragraph (2), the board may grant a varian-=ce inthe instance of a proposal to increase the energyefficiency _of an existlng structure, including b-utnot limited to providing adequate access to sun_light for solar collectors, solar greenhouse addi-tions, or airJock entries. (4) The zoning administrator may grant a variance fora minimum. yard- requiremenl when the precedingrequirements exist and the normal yard reouire-ment (section S7-Z0Z) would be red.rjced by morethan twenty (20) percent. (5) A varianc-e qranted by the board or zoning admin_istrator shall automatically expire within 6ne h,un_dred eighty (180) days of the-date it was srantedor within such time as the board or the-zoningadministrator shall .prescribe, unless a buildingperryit for such variance is obtained within sucfiperiod. The board or the zoning administrator maygrant l,ariance extensions for good cause shown,but only if an application for-such extension idmade prior to the expiration of the variance. (c) Permit ^chry1Ses in nonconforming uses as provided insection 37-801 (a) and (c). (d) Hear and decide such other matters as the city councilIlay by ordinance provide. (Ord. No. 8914. S +: Ora.No. BZb0, g 1 (part); Ord. No. 4504, g a, i,_i_Sb) - ARTICLE YII. AMENDMENTS Sec. 37-701. Procedure. -. (a) GeneraL The city.council-may, from time to time, onits own motion, on petition of any person or persons in Supp. No. 16, 7-1-80 7Lt $ S?-?01 THE REVISED CODE OF THE CITY OF BOULDER interest, or on initial recommendation of the planning board, amend,'supplement or repeal the regulations and pr-ovisions of thischapter; provided that where territory is s-ought to.be rezoned on- propbsal other than by the city council or by the planning bolard, the person proposing or -petitioning the re- Zoning of territory sliall have a property interest in -the sub- ject territory. The applicant shall submit a list of the abut- iing owneri of record and their addresses from available county records. (b) Planning Board Adaisory Repgr!. A1v such proposed amendment or-change, when initiated by the city coqncil. or by individual petition, shall be referred to the planning b6ard for an advisory report thereon. When a proposed amendment or change- is initiated by the planning board, the advisory report shall accompany the initial recommenda- tion of the planning board. (c) Precedure Before Planning Bgard,. Before giving an advisory report or initial recommendation on any propo-sed amendment, the planning board shall first cotduct Q public hearing thereon. Notice of ttre time and date of such hearing and a 6rief summary or explanation of the subject matter of the hearing shall be given-by publishing one notice thereof in a newJpaper of general- c-irculation in the city, such publication-to be madl at least-ten (10) days.prior to. the ilublic hearing. In cases where the zoniag district map .is to be changed 6y the amendment, additional notice shall be given, as follows: (1) A notice reciting rezoning lpPlied for, and directin-g' further inquiry fo the citi plahning department, shall be posted al leist fifteen (15) days prior to the.hearing onihe property proposed for rezoning along the part thereof 'frontingbn-a street, at intervals of approxi- mately five hundred (500) feet; (2) A written notice of the public hgaling- shall be sent.pf' first class mail at least fifteen (15) days prior to the date of the hearing to owners of property within the area proposed for rezoning and to either an owner or to an-oc6upant of each sepaartely owned property ad- jacent to the area proposed for rezoning; (3) The aforementioned notice by mailing is to reasonably ensure that surrounding property owners are aware of a proposed rezoning bei4s considered, b-ut -any minor oniission or defect in the mailing shall in no way impair the validity of the proceedings. If any omission Supp. No. 16,7-1-80 7L2 o-r defeet in the mailing is brought to the attention ofthe planning board, _at gr priorlo the public hearing,the planning board shafl consider ttre defect oI omission prior to proceeding on the application. If theplanning board finds that the omission or defectimpairs, 91_- has impaired a surrounding property ovner's ability to participate in the public -heaiinj, then. the pl_anning board shall continue the pub[6 learing on the.proposed rezoning for at least ten (10) days. Any omission or defect in the aforementidneilnotice which is not brought to the attention of theplanning board, or whiih is found not to haveimpaired a surrounding property owner,s ability to ZONING $ 37-701 7Lz-L Supp. No. 16, ?-1-80 ZONING $ 37-803 and site. The purpose of the nonconformance review is tolook at the impacts of the proposed changes and evaluate them based on the character of the surrounding area, trafficcapacities of adjacent streets, and potential environmentaleffects. In addition, _ reducing the degree of nonconformity and improving the physical appearance of the structure and site are reviewed. (Ord. No. 4321, $ 7,2-7-78) Editor's note-Ord. No. 4321, $ 1, adopted Feb. ?, 1978, specifically amended ch. 37 by renumbering g$ 37-801-37-804 as $$ g7-802-g?-808, as hereinafter set out, and adding a new $ 8?-801, as hereinabove set out. Sec. 37-803. Buildings. (a) A single nonconforming principal building upon a lot,or any accessory. buildings, which have less than titty (SOiper _ cent of their building area situated in the requirelyards, F?y be structurally al_tered, repaired, or enlargealprovided, however, that any addition coniorms'to the set6ac( 7\S Supp. No. 18, Z-1-80 Sec. 37-802. Uses. (a) A nonconforming use may continue and a nonconform-ing building may be occupied, except as follows: (1) No nonconforming use rvhich shall have been discon-tinued for a period of one year shall be resumed norshall it be replaced by another nonconforming use. (2) A nonconforming use of the land rvhich shall includelands with prinicpal buildings having an assessedvaluation of five hundred dollars ($810.00) or lessmust be made conforming with three (B) y6ars after December 8, 1971. (b) Pursuant to the procedures provided in section BZ-904, a nonconforming use may be: (1) Increased in size or expanded within a building or uponthe same lot; (2) Chaneed to another nonconforming use, including usesthat do not provide adequate off-slreet'parking.* - (c) { conforming use within a building shall not bechanged to a nonconforming use within a building, even ifthere are nonconforming features of the lot. bu-iidins- orpa_r$ng._ (Ord. No..3p14,- S ! (part) ; Ord. No. 8980,"$ t,5-7-74; Ord. No. 4321, S 1,2-7-78) Note-See editor's note following g 8?-801. $ B?-SO4 THE REVISED CODE OF THE CITY OF BOULDEB reouirements of the district in which it is located, and, in the caJe of prinicpal buildings, all current development -require-ments arid conditions of this chapter are complied with. (b) Minor additions, alterations, or repairl-,-to improve the apiei"ar"e, safety, or' efficiencY, o{- tho building and which do- not constitute an expansion of the use within a noncon- forming building, may be permitted; prov-ided, however, t}at nonconlormlng Uriltairigs t6at do not qualify-uldel either this or paragraph-(a) may be enlarged or extended only pursuant to the procedures provided in section 37-805. (c) A building on a r'tonconforming lot may be structurally altir'ed, repaired-, or enlarged to imp-rov-e appearance, p,afelv and/or'efficienci, in accoidance with th-e req-uired- s.etbacks of the district in which it is located, when the addition or alteration does not constitute an expansion of the principal use; otherwise, any modification must comply with the pro- cedures set forth in section 307-805. (d) Any building or other structure containing a noncon- forming uie or any nonconforming building or portion th.ere- of deci"ared unsafe under the city's building code or other codes may be strengthened or restored to a safe condition. (e) A nonconforming building or a building coltainl+g u nonconforming use which has been damaged by fire, flogd, wind. or othei calamity or act of God may be restored to -its origiiral condition, provlded such work is started within twelve (12-*) months of such calamity and completed within twenty- toui (Z+) months of the timb the restoration is commenced. (f) A nonconforming review granted by the planning board or )oning administrator shall automatically expire within-one hundred-eighty (180) days of the date it was-granted or wittrin suc[ time'as the board or the zoning administrator shall presecribe unless a huildin-g permit for such noncon- ioi'mairc" is obtained within such period. The board or the zoning administrator may grant extensi-ons for good cause showi, but only if an appiication for such extension is made prior to the exfiration of the nonconformalce-. (Ord. N^o. 3814' E g (part) ; oi'a. No. 3989, $ 1, 5-?-74; ord. No. 4504, $ 5, 7-1-80) Note-See editor's note following $ 37-801. Sec. 37-804. Lots. Any parcel of land meeting lot requirements on- the ef- fective date of the ordinance c-odified in this article that now has less lot area per dwelling unit than required in section Supp. No. 15, 7-1-80 7L6 ZONING Dutelli,ng Units One $ 3?4(M 37-203(b) may be used as permitted in the district in which the lot is located and as shown below: Side Yaril it Less than 60 FeetinWidth Sec.87-208(b) Lot Siae ER-E 10,000 sq. ft. or more I I l 71Gl SuBp. No. 16,7-1-80 ZONING $ 37-1002 general height restriction, the review of proposed buildings to exceed the general height, restriction and the regulatory provisions of this article will protect, Dreserve and promote the orderly growth and development of the city and the public health, safety and welfare by: (L) Review of buildings that are proposed to exceed the general height restriction to ensure the safety and adequacy of the public facilities including streets, polic.e and fire protection and water and sewer utilities serv- ing the increased demands created by the proposed building; (2) Providing that the structures which exceed thirty-five (35) feet in height will he in close proximity to facil- ities and services appropriate to the nature of the structure's occupancy and use; (3) Providing Fy design -review, floor_ar_ea ratio -and -openspace requirements that adequate light and air will be ensured to surrouncling properties and that the pro- posed building will not interfere with views, light and air of the community at large; (4) Providing by design review for flexibility as to the expansion of certain buildings incident to their re- habilitation or preservation; (5) Encouraging the utilization of land area for pedestri- an oriented occupants and users (e.g., elderly persons) without overcrowding the land; (6) Promoting the development of land and property in conformity with the city's comprehensive and long- range planning; (7) Protecting and maintaining the integrity and charac- ter of surrounding neighborhoods; (8) Protecting the aesthetic setting of the city; (9) Conserving and enhancing property values; (10) Providing for property development that is compatible with the community. (Ord. No. 3750, $ 1 (part); Ord. No. 3997, $ 1, 8-6-74) Sec. 37-1002. General heieht restriction. (a) For purposes of this section, the term "appurtenances" means all items of construction normally carried above theroof level of a building, and shall include, but not be limited Supp. No. 15, 7-1-80 718-3 $ 37.IOO2 THE REVISED CODE OF THE CITY OF BOULDER to, the following: Mechanical penthouses, ventilators, sky- lights, parapet walls, cornices without windows, commercial and private antennas, chimneys, domes, church spires, belfries, cupolas and silos. (b) The general height restriction within the City of Boulder shall be as specified in section g7-203(b), except as provided as follows: (1) RE, Rural Residential; ER, Estate Restdential; and, LR, Low Densi,ty Residential Zones. (a) Buitding height (as defined in section 37-1102(h): Up to, and including, thirty-five (35) feet, permit- ted by right; provided, however, that if the lot on which the building is to be built has a slope of greater than twenty (20) degrees, the building height may not exceed twenty-five (25) feet, un- less permitted up to thirty-five (35) feet through planned unit review proeedures in accordance with section 37-1003. (b) Addition to building of unoccupied appurtenances: (1) Where their addition does not cause building. height to exceed thirty-five (35) feet (con- sidering, for this purpose only, the uppermost point of the appurtenance to be the- u-ppermost point of the roof), permitted by right. (2) Where their addition causes building height to exceed thirty-five (35) feet (considering, for this purpose only, the uppermost point of the appurtenance to be the uppermost point of the roof) :(i) All appurtenances other than private tele- vision antennas, solar collectors and chim- neys, may be permitted by the plannning department when not inconsistent with the purposes and standards of this article, but in no event shall such appurtenances exceed sixteen (16) feet in height or take up more than twenty-five (25) percent of the roof area, and no unscreened mechan- ical equipment shall be permitted. (ii) Private television antennas, solar collec- tors and chimneys: permitted by right, but in no event may exceed sixteen (16) feet in height or take up more than twenty-five (25) percent of the roof area. Supp. No. 15, 7-1-80 718-4 ZONING s 37-1002 (2) All zones other than RR, ER and LR. (a) Building height (as defined in section 37-1702 (h)): (1) Up to, and including, thirty-five (35) teet,permitted by right, provided that for buildings twenty-five (25) to thirty-five (35) feet in height usable open space is at least ten (10) percent of the lot, or as required by the ap- plieable bulk requirements in section 37-203 (b), whichever is greater. (2) In excess of thirty-five (35) feet and up to, and including, fifty-five (55) feet, may be per- mitted through planned unit review proced- ures in accordance with section 37-1003. (3) Above fifty-five (55) feet, never permitted. (b) Addition to building of unoccupied appurtenances:(1) Where building height (as defined in section 37-1102(h)) does not elceed thirty-five (35) feet, and where addition of the appurtenance would not cause the building height to exceed thirty-five (35) feet (considering, for this purpose only, the uppermost point of the ap- purtenance to be the uppermost point of the roof ), permitted by right. (2) Where building height (as defined in section 37-1102(h)) does not exceed thirty-five (35) feet, but addition of appttrtenance causes building height to exceed thirty-five (35) feet (considering, for this purpose only, the up- permost point of the appurtenance to be the uppermost point of the roof ) :(i) A! appurtenances other than ctrimneys, solar collectors, church spires and private television antennas, may be permitted by the planning department when not incon- sistent with the purposes and standards of this article, but in no event shall such appurtenances exceed sixteen (16) feet in height or take up more than twenty-five (25) per:cent of the roof area, and no un- screened mechanical equipment shall be permitted. (ii) Chimneys, church spires, solar colleetors and private television antennas: permit- ted by right, but in no event may exceed Supp. No. 15, 711-80 779 $ 37-1003 TIIE REVISED CODE OF THE CITY OF BOULDER sixteen (16) feet in height nor take up more than twenty-five (25) percent of the roof area. (3) Where building height (as defined in section 37-1102(h) ) exceeds thirty-five (3S1 feet, may be permitted by the planning department when not inconsistent lvith the purposes and standards of this article, but in no event may exceed sixteen (16) feet in height or take up more than twenty-five (25) percent of theroof area, and no unscreened mechanical eqnipment shall be permitted. (Ord. No. 3813, $ 1 (part) ; Ord. No. 3997, $ 1, 8-6-74) Sec. 37-1003. Height exception procedure. Applications for building height exceeding those permit- ted by right by section 37-1002 shall be made, reviewed and approved following the planned unit p;'ocedures of Article Vof this chapter, exctpt such parts thereof as are clearly inapplicable. The posting of the property lequired by section 37-505(a) shall recite "Height Exception Applied For." The standards and requii:erlents of hoth Article V. as applica- ble, and this article shall apply. (Ord. No. 3997, S l, 8-6-74) Editor's note-Ord. No. 3997 renealeil SS 37-1003, 37-1004 and reen- aeted them as herein set out. Previously, the sections were derived from Ord. No. 3813 and Ord. No. 3750 a.nC pertained to various special requirements and to variances, respectively. Sec. 37-1004. Minirnurn usable open space and floor area ratio requirernents. (a) Except as provided in para,graph (b) of thrs section, buildings proposed to exceed thilty-five (35) feet in height shall meet the following requirements: (1) Usable open space, as defined in section 37-302, must be provided as at le_ast fifteen -(15) -percent of the lot, or as required by the applica"ble hultrc requirements in section 37-203 (b), whichever is greater; (2) The floor area to site area ratio rnust not exceed two to one (2:1) except buildings in the following districts must not exceed a ratio of three to one (3:1). a. Bounded on the vaest by 6th Street, on the east by 16th Street, on the north by Pine Street from 16th Street to 11th lltreet and by the alley between Pearl and Spruce Streets from 11th Sti"eet to 6th Supp. No. 15, 7-1-80 720 zoNrNG g 3?-1005 Street, and on the south by the Boulder Creek and Boulder White Rock Ditchiand, b. Bounded- _oq ^the west by Folsom Street, on the east by SSrd,Street from pearl Street to Arapahoe Avenue and by 28th Street from Arapahoe Airenueto the Boulder C-reek, on the north by pearl Street, and on the south by Arapahoe Avenue from BBrdStreet to 28th Street and by the Boulder Creekfrom 28th Street to Folsom Street; and c. All RR zoning districts not otherwise described in a. and b. above. (3) In RR zoning districts the maximum floor area ratios m3-v be increased by the planning board, subject to call-up. bv t!g- city cb-uncil,-accordfug to tire foitowi"gprovisions: The maximum floor area ratio mav b6increased from B to I (800%) to a maximum of a.b to 1(450% ) by utilizing the friltowing bonuses: ' (i) Mixed use buildings: A bonus not to exceed 0.5(50%). (ii) Site and building design includine either inteEra-tion with the downtown mall oi sensitive aileytreatment (lncluding a shadow analysis) : A bonusnot to exceed 0.5 (50%). (iii) Building utilizing unique open space solutions suchas open .air plaza.s, arcades, pedestrian ways: A bonus not to exceed 0.5 (b0%). .. (b) When tlre planning board or city council determinesthat preservation and/or rehabilitation of a building is inthe public interest and a height exception i. ne"er.-ar" toeffect such preserrzation or rihabilitation, fire open--s"naceand floor arca ratio reguirements may be'modified in 'con_ j.qnction with a desigrr review under ariicle v of ttiis .r,upi"". {9"d,-Np. Pe^sJ,,$_lrq-G-24; Or4. No. 4418, g +, r-i-zb; -O-a. No. 4504, $6(a)., 7-1-80; OId.No. 4511, S 1(c), T_1_80)'Note-See the editor's note following g S7-100S1 Sec. 37'1005. Standards. The review of any a-pplica-tion for a building height excep-tion shall include the fbilowing considerationsl in alaaition tothe standards and requirements for planned Lnits in articleV ofthis chapter: Supp. No. 15, 7-1-80 721 $ 37-1101 THE REVISED CODE OF THE CITY OF BOULDER ARTICLE XI. DEFINITIONS (a) Its geographical position and-.possible visual effects on eiisting structures or established districts; (b) Potential problems on neighboring sites caused by'-' *hudo*s, l6ss of air circulation, or closing of the view; (c) The influence on the general vicinity, including contrast with existing buildings and structures, streets and traffic circulation conditions, and adjacent open space; (d) Appropriateness of the uses within the builtling; (e) Landscaping and physical separ-ators that may be pro- posed to buffer the site from adjacent uses; (f) The relationship of the building to open space, location of parking, pedestrian movement, circulation and burld- ings on adjacent proPerties ; (s) The proximitv and adequacy of all public facilities, in-'"' cludiirg vehicular and pedestrian traffic carriels, park- ing, #ate" and sewei utilities, fire protection, and other safety Protection measures; (h) The side vards between buildings and adjacent to streets and alleys and their relationship to pedestrian movement and oPen space; (i) The side vards between buildings which exceed thirty- five (35)-feet should appioximatelv equal.!lte avgllc9 of thb combined height bt ttre subject building, (Ord. No. 3750, $ 1 (part) ; Ord. No' 3997, S 1, 8-6-74) Sec. 37-1101. General interpretation. The words and terms used, defined, interpreted or further described in this chapter may be construed as follows: (a) The particular controls the general; (b) Words used in the singular-number includ-e tlre plural,' ' and words used in the plural number include the singu- lar, unless the context clearly indicates the contrary; (c) The phrase "used for" includes. "artanged for," "de- signeh for," "intended for," "maintained for" and "oc- cupied fori' (ord. No. 3750, $ 1 (part) ) Supp. No. 15, 7-1-80 7Zz ZONING $ 37-1102 Sec. 37-1102. Words and terms. The following listed specific words and terms are defined as follows: (a) Accessorg building, structure or we means a building, structure or use located or conducted upon the same lot, or on a contiguous lot in the same ownership, as the principal building, structure or use to which it is related, and which rs: (1) Clearly incidental to, and customarily found in connec-tion with, such principal building or use; and (2) Is operated and maintained for the benefit or conven- ience of the owners, occupants, employees, customers or visitors of the lot with the principal use. _(b) Boardinghou.se or room,ing house means a building other_than.a hotel, cafe or restaurant where, for compensa- tion, directly or indirectly, lodging and,/or meals are providedfor three (3) or more boardeis andlor roomers excfusive of the occupant's family. (c) Building means any structure built for the shelter or et-oclosure of persons, animals, chattels, property or substancesof any kind, excluding fences. To qualily as one building for purposes of this chapter, all portions, additions, or extensions shall be connected by an attachment that is an enclosed part of the building, and which is usable by the occupants thefeof. (d,) Butldi.ng area means the maximum horizontal areawithin the outer perimeter of the building walls, dividers or columns at ground level or above, whichever is the greater area, including exterior stairways, and inner courts where any- horizontal dimension is less than twenty (20) feet; butexcluding uncovered decks, porches, patios, terraces and steps of less than four (4) feet in height, and the outer four(4) feet of completely open, uncovered, cantilevered balconiesthat have a minimum bf eight (8) feet vertical clearance below. (e) Buililing col)erd,ge means that area or portion of a lotwhich is occupied or covered by all buildings on that lot.Area included as "coverage" shall be that area defined here- in as "building area". (Q Build;tng, deta,clted. "Detached building" means anybuilding or structure separated from another Euilding on the same lot by at least ten (10) feet. Supp. No. 16, 7-1-80 723 $ 37-1102 THE REVISED CODE OF THE CITY OF BOULDER @) Bui,td,ing, enclosed. "Enclosed building" means a build- ingieparated on all sides from adjacent open space.or other buitaings by fixed exterior walls or party walls, with open- ings only for windows and doors, and covered by a permanent roof. (h) Buitding height means the vertical distance measured from'the lowest point of the natural grade on the lot within twenty-five (25) ieet of the tallest side of the building- to the upperinost pbint of the roof of the building; provid-ed,.how- ev6r, that ii tne lot upon which a building is to be built.has a slope of greater than twenty (20) degrees, buildings heieht shall be deiined as the vertical distance measured from the average existing grade within the building setback envelope to the uppermost point of the roof of the building' (i) Building, principal. "Principal building" means one building housing-the prinicpal (primary or most important) uses peimitted for the lot upon which it is located. (j) Btdtding setback. The minimum distance in linear feet measured on a horizontal plane between the outer perirneter of a building or structure (as described in the definition of building area) and each of its lot lines (however, balconies may noit projirct into an interior side yard). A maximum of thiity (30) inches of roof may project into a required yard where it does not conflict with building codes. (j.L) Chtld care center. "Child care center" shall mean a faciiitj, providing spccialized group care on a planned regular basis ioi cumulatively more than six (6) children cared for on a full-time ba-.is plus two (2) children cared for on a part- time basis. Fuli-time shall be seven (7) or more hours. (k) College or uniaet'sify means a public or private-.in- stitution foi higher learning (beyond grade twelve) providing courses of instruction as approved by the Colorado Depart- ment of Education. (l) Daa care ltame. "Day care home" shall mean a facility caring for cumulatively no more than eight (8) persons of whom no more than six (6) sha,ll be cared for on a full-time basis. Full-time shall he seven (7) or more hours. (m) Druelling, nrulti,unit. "Multiunit dwelling" means a building used by two (2) or more families living indepen- dently of each other in separate dwelling units but not in- cluding motels, hotels and resorts. (n) Dwelling, s'ingle-tLnit. "Single-unit dwelli.ls'l means a det'aihed prinicpal building other than a mobile home, de- Supp. No. 15, 7-1-80 724 zoNrNG g 37_1102 signed for or used. as a dwelling exclusively by one family as an independent living unit. @) Dwelliryg u?tit means one room, or rooms connected to-geth-e-r, - constituting a separate, independent trouset<eepingestablishment for owner occupancy, 6r rental lease o'n amonthly or longer basis, physiially-separate trom anv oifrerrooms or dwelling units which may be-in the same stiucture,and served by no more than one gas meter and one -eielirit meter. .. (p) .Bssential gooernmentalor pzftlic utility seroices meansthe.erection, construction, alteratibn or maint6nance by prifi"utilities or.municipal departments, or underground,i"-or""-head gas, electrical, steam, or water transmission or distribu_tion systems, .qollection, communication, supply or disposalsvstgry.s, including poles, wires, mains,, tirairis, iewers, p'ip"s,conduits, cables, fire alarm boxes, police caf noies.'tiaificsignals, hydrants and other similar equipment u"a u..".*ori".in connection therewith, reasonably neceisarv for-lt e }r*nirfr_,,"g o{ adequate service.by such iublic ,tititie=-o" iruri.iprfdepartments o'commissions or for the public health or safetyor general welfare, excluding buildings. . @) la_m,i.ly means ? single individual doing his own cook_ ,rng, a,nA living upon the plemises as a separale, independent,housekeeping unit; or,.a collective body of persons doing theiiown cooking and living together uion the premises- as aseparate housekeeping unit in a domestic relalionship basedupon birth or marriage; or, a group of not more itai, Itrr""(3) ,unrelated persons. doing their-own cooking urA-fi"i"gtogether on the-p_remisse -as a separate houselieepi"g-"nit.Single.persons eightee-n (18) years-of age o" otaeriiot-Hvingwith their pa_rents or legal guardian ard considered -to- ne o"-related to each other. 725 Supp. No. 15, 7-1-80 zoNING g 8?-1102 Residential institutions may include, but not be limited to,nursing -h-o1neq, convalescent homes, rest homes, and medicairesidential facilities. (gg) S_chool, elementary, junior and, senior high.,,F.lemen-tary junior or senior high school,, includes any-public. paro- chial_ or private school for any grades between first^ andtwelfth that is either accredited by the Colorado Departmentof Education or recognized by anci in good standing'with tlieColorado D. epartment of Edrication for purposes o-f compul-sory education requirements. _ (ss-J) Solo,r collecfor [means] any of a variety of devices(e.g. -flat-plate concentrating, vaccuuin tube, green-house) usedto collect solar energy and convert it to iny other foim oi gne-rglr.- Solar collectors are installed on roo?s, walls or de_tached from a principal structure. (hh) Structure means anything constructed or erected witha fixed location on the groind above.grade but not inctuding poles, lines, cables or other transmissi6n or distribution ?acil"-ities of public utilities. (ii). Traael traile:r, cam.per means a portable structure,mounted on wheels and drawn by a stoik passenger auto_mobile or designed- to be loaded onto, or affixed tol tt e neaor chassis of a truck or portable struciure mounted rin wtreelsand constructed with- -collapsible paltlal side walls of fufriqplastic or-other pliable mbterial-which fold for t;wing.-bianother vehicle and unfold at the campsite to provide tem]por-ggf livins quarters for recreational camping or travei tse.The term "travel trailer" includes units desiEnated-as-motor homes or camper buses. !ii) Yard,.requi,red.l'{equir-ed y?rd,, means an open spacenot occupied by an4.prinicpa^l buiiding or accessorv- fuiiiing {9". ? .d-ept\ .or width specified by t-he regulations for thEdistrict in which the lot is located. -(kk) -Tallest sid,e of build,ing means that side of a buildingwhose- low-est e-xposed exterior point is lower ttiieh;ri iielevation than the low-est _[highest] exposed exterior"poirit ot 14y otler side of the _buitding. (Oid. No. 8818, $ Zl dia. No. 17F0,_$^-1_(pag); o_"d. Ng, gqeg, $ !,_5-7-75; bia.'No. iois,g 1.,_1-2q-79; Ord. t!q. 4s?1, .S 7_', 2:7:78; Ord. No. +,iib,-S E, 1:\-t\:.Ofd. Nq. 4504, g 7(al, 7-r-80; Ord. No. 4811, $'riaj(L), (2),7-1-80) it26-5 Supp. No. 16, 7-1-80 $ 3?-2101 THE REVISED CODE OF THE CITY OF BOULDER ARTICLE XII. FI,OODPLAIN REGULATIONS* Sec. 37-2101. Purpose. This article regulating certain areas subject to fiooding is adopted to promole the public health, safety and welfare: (a) By reducing the hazard of floods to life and property through: (1) Prohibiting certain uses- which are dangerous to life or propertY in time of flood; (2) Restricting uses which would be hazardous to the public health and safety in time of flood; (3) Requiring, on uses allowed, that str-uctures be erected to prevent their being washed aYv'ay, as well as protecting such structures from severe damage. (b) Bv protecting those who may occupy areas of special flood hazard through: (1) Regulating the manner- in whictrr structures and developments designed for human occupancy rnay be constructed and developed so as to prevent danger to human life within and around such structures; (2) Regulating the method of construction of water supply and sanitation systems so as to prevent diseaie, contamination and unsanitary conditions; (3) Requiring recording of the.within reguiations and mairs delineating aieas subject to such regulations so is to protectlndividuals from purchasing lands for purposes which are not suitable. (c) To protect the public from the burden of extraordinary finincial expenditures for flood control and relief by i"guiating iU uses within areas -subject to. special fl&d hazird so as to produce a method of construction Jnd a pattern of dev:elopment which will reduce the - OUI*.'= note-Ord. No. 43?5, $ 1, adopted JuIy 11, 1978, specifically amended ch. 37 by repealing former art. XII, $$ 3?-1201-37-1272, arld adopting in lieu thereof new art. xII, pertaining to the same subject matler.-Former $$ 37-1201-37'1212 had been derived from Ord' No' 3505, $ 1; Ord. No.3?50, $ 2; Ord. No.4026, $ 1,3-11-75; Ord' No' 4056; $$ L--3, 7L-4-75; and, Ord. No. 40?9, $ 1, adopted March 2, 19'7'6' Supp. No. 15, 7-1-80 726-6 I l probability of damage to property and loss of life orinjury to the occupants of special flood hazard areaa. (d) To protect the natural areas required to convey flood flows and retain slow flow characteristics. (e) To protect and preserve the water-carrying andwater-retention characteristics and capacities of all ZONING $ 87-2101 'l 726-6.L Supp. No. 16,7-1-80 ZONING $ 37-1301 (c) Appli,cant: The owner or developer of a particular property who applies for an allocation. (d) Erempt allocation' An a'location approved for: (1) A development subdivided after November 10, 1926, consisting of four (4) or fewer single-family dwelling units; (2) The construction of a fourplex or a lesser number of multiple dwellings on a lot platted on or before Novem- ber 10, 1976; (3) The construction of a single-family residence on a single lot platted on or before November 10, 1926; (4) Proje-cts of the housing authority of the City of Boulder undertaken to meet prior commitments oi thecity council to provide dwelling units for low-income families. No allocation is to be required for the construction of build-ings to be used for industrial or commercial purposes. Sec-tion 37-1301(d)(1) above will be applied in-a manner sothat no applicant, throtigh the establishment or control ofother businesses or through any other means or method, is authorized to obtain allocations which are intended to-be subject to the merit system. .(g) Construction Eear: A period of twelve (12) monthswith the first such twelve (12) month period 'commencing thirty (30) days after the effective date-of this article and s-ubsequent twelve (12) month periods beginning on the same date in each succeeding year. (f.) Dwelli,ng or du;elltng unit: Such term or terms will be used and app]ied to determine exemptions, for density com-putations, and for other purposes under this Ordinance No.4208 (as now amended by Ordinance No. 42b1) to be con- sistent,_ _insofar as possible, with their use and application yllqgr Chapter_37 oJ the Revised Code of the City of Boulder, 1965, as amended. Further, these terms shall apply and comeinto-play only wtere the structure(s) to be buitt add(s) tothe housing supply existing as of Nevember 10, 1976. (g) Deaelopment: Any plan by a landowner or his author-ized representative, usually a builder, to construct or place one or more dwelling units on a particular parcel of -land within Q particular ar-ea of the city during- the five (b)years after the date of March lO, i977. Eaih developmint needs allocations to a number equal to the number of dwelling Supp. No. 15, 7-1-80 740-l $ 13-1302 THE REVISED CODE OF THE CITY OF BOULDER units planned, unless expressly exempt under section 37-1301 (d) (1) above. (h) Proiect: That portion of a development submitted-for an'allocation of building permits during any one building permit review. (Ord. No. 4208, $ 1,3-15-77; Ord. No.-424^0, -$i, g-z-7r; ord. No. 4251, S 1, 8-2-77; ord. No. 4268, $ 1, 9-20-77; Ord. No. 4498, $ 1(a), 5-20-80) Sec. 37-1302. Allocation required; proredure for allochtion for exernpt units and for those under commit- ments. (a) No mobile home not located and occupied within the City on March lO, \977, will be located and occupied- within the city without an allocation. No building permit for - any dweiling unit shall be issued after March 10, 1977, without an allocation first being approved. (b) The application for an exempt allocation, pursuant to section 37-1301(d) (3) shall be filed directly with the chief building official who may consult with the city attorney to determine whether the allocation is exempt. If the exempt unit application is satisfactory, the chief building - official shall so note on the final plans approved for the building permit; if it is not satisfactory, the chief building official shall deny the application, refuse to issue the building permit, and so inform the applicant. An applicant for an exempt allocation(s) under se-ction 37-1301(d) (1), (2) and (4) shall file with the chief building official. The ipplicant shall complete a form under oath, which form has been drafted by the city attorney, to ascer- tain information on rn'hether the relevant provisions of sec- tion 37-1301(d) (1), (2) and (4), are satisfied. The chief building official shail consult with the city attorney and will inform-the applicant in writing within a reasonable time of denial or appioval. A copy is to be sent to the planning direc- tor and to the planning board. (c) The city council has, within certain limitations, the authority to approve allocations to meet commitments. An applicani rvho requests the city council to invoke such author- ity shall file with the city attorney the following: (1) A description of the land involved and the number of permits i'equested and the period or periods for which the allocation would be granted; (2) All relevant documents, accompanied by statement(s) under oath and accornpanying legal memoranda, to supp. No. 18, T-1-80 740_2 ZONING $ 37-1303 support a finding of an agreement of commitment stipulating an annual rate of construction consistent with the number of permits requested; (3) Such additional information to support the application as might reasonably be requested hy the city attorney. The city attorney will review the request and materials filed therewith and gather such additional information and data he deems relevant and appropriate. He shall forward a report to the city council with a recommended motion. The city council will take action on the proposed motion. Allocations approved by the city council in recognition of commitments shall be counted against the annual alloca- tion, unless the city couneil takes official action to increase the annual allocation by a number equal to the allocations approved under commitments. The planning board is to be informed of actions on commitment applications and commit- ments so that the annual allocation does not exceed the au- thorized number. (d) An applicant can file for the same units simultaneous- Iy under section 37-1302(b), (c), and the merit system. (e) All other allocations are to be pursuant to the merit system. Those procedures are contained in other sections of this article. (Ord. No. 4208, $ 1, 3-15-77; Ord. No. 4251, $ 1, 8-2-77) Sec. 37-1303. Number of allocations to be approved. Commencing thirty (30) days following the effective dateof this article, the total number of allocations not exempt shall not exceed two thousand two hundred fifty (2,250), except for those added pursu.ant to section 37-1302(c), during the subsequent five (5) year period. Of this total number, four hundred fifty (450) allocations rnay be approved for a single construction year rvith the planning board to have discretion to add a certain number as set forth in the next paragraph. Of the four hundred fifty (450) total, two hun- dred twenty-five (225) shall be allocated by the planning board prior to April 1, and two hundred twenty-five (225) prior to October 1, of each year; provided, however, in thefirst year the respective dates shall be June 15 and no later than November 15. The planning board may approve an increase not to exceedfifty (50) allocations over the four hundred fifty (450) to a maximum of five hundred (500) allocations within any con- Supp. No. 15, 7-1-80 740-3 $ 37-1303 THE REVISED CODE OF TIIE CITY OF BOULDER struction year, provided that, in subsequent years, the num- ber is reduced by an equal amount. The number added, if any, will be apportioned by the planning board to the two (2) filing periods in any manner the planning board might deem appropriate, and be apportioned in such a manner as to be consistent with the fourth paragraph of this section. The decision to add any number can be made at any time. In addition, if in previous years there are additional units that have been unallocated, or if allocated, expire or are terminated, then such units also may be allocated over and above the maximum five hundred (500) units in any con- struction year. Applications for allocations under the merit system shall be submitted to the city on the last rvorking day prior to January 1 and July 1 of each year for review and action; provided, however, the initial applications for the first con- struction year shall be May 8, 1977, and August 15, 1977, respectively. The land for which the allocations are re- quested must meet all of the requirements of the land use regulations on or before the last day for submittal. This shall include, but not be limited to, planned unit development or special review use, zoning or rezoning approval (first read- ing), annexation (first reacling), and preliminary plat ap- proval. In addition, any interpretations or revievrs required of the planning hoard/board of zonin.q adjustment must be ob- tained prior to the last day for submittal. In making the annual allocation, the planning board shall allocate no more than two hundred seventS'-five (275) per- mits for lands outside of the area bounded by Baseline Road on the south, the city limits on the west, Iris Avenue on the north, and 34th Street on the east. The remaining one hun- dred seventy-five (175) are to be appnoved for lands located inside the area bounded by Baseline Road on the south, the city limits on the west, Iris Avenue on the north, and 34th Street on the east. No availal:le or potential allocation, or allocation made but unused, from either area will be used in the other area. City council action is required for any portion of a devel- opment to receive an allocation under the merit system in any construction year for more than seventy-five (75) units. The city council may approve more than seventy-five (75) units to a particular portion of a development upon the demonstra- tion that the proposed portion of a development is not econom- ically feasible because of required off-site or other improve- ments required when fewer than seventy-five (75) units are built, or upon demonstration that contractual obligations ex- Supp. No. 15, 7-1-80 740-4 isting as of November 10, 1976, required an exemption to this provision. Any allocations granted to a particular portion of a development under the terms of this provision shall be for the minimum number of additional permits in excess of sev- enty-five (75) units as required to ensure economic feasibility and to honor contractual obligations. (Ord. No. 4208, $ 1, 3-L5-77; Ord. No. 4251, S 7,8-2-77; Ord. No. 4498, $ 1(b), 5-20-80) Sec. 37-1304. Information required for application. An application for an allocation under the merit system shall be made on a form provided by the city. No more than one application shall be allowed for a particular property. Such form shall require the following information: (a) The number of allocations requested; (b) e written statement and plan indicating how and when dwelling units for low andlor moderate income housing purposes will be constructed; (c) A written summary indicating how and why the pro- posed project complies with the merit system herein- after set forth; and (d) Other documentation and information as might be required by the city manager or his duly authorized agent in order to provide the planning board informa- tion sufficient to review and apply the merit standards and obtain compliance with the intents and purposes of this article. The city manager or his duly authorized agent will set forth in writing and make available to applicants and the public the nature of the other docu- mentation and information that will be required. Each application must be accompanied by a check in the amount of fifty dollars ($50.00) plus five dollars ($5.00) per dwelling unit. Such fee shall not be returned to the applicant in the event that the request is not approved. (Ord. No. 4208, $ 1, 3-15-77; Ord. No. 4251, S L,8-2-77) Sec. 37-1305. Merit system. For each construction year, merit system approval and allocation shall require semi-annual review and approval, where the following cumulative total allocations would be exceeded: First year: Second year ZONING (1) 225,(1) 675, 740-5 s 37-1305 (2) 450;(2\ eoo; Supp. No. 15, ?-1-80 $ 37-1305 THE REVTSED CODE OF THE CrTY OF BOULDER (1)(2) 1350; 1800; 2250. The above schedule shall be applied so as to be consistent with the fourth paragraph of section 37-1303. The above schedule will also be adjusted as i:equired to reflect actions by the city council under section 37-7302(c), andlor by the planning board under section 37-1303. Whenever more than the minimum number of allocations for the respective areas described in section 37-130:i are requested during any semi- annual review period, such allocations shall be granted at a public hearing on reasonable notice by the planning board, after recommendation hy the city manager or his duly au- thorized agent, on the basis of merit under the merit system. Such notice shall be published in a newspaper of general cir- culation within the city ten (10) days prior to the date of the hearing. The board shall award the total number of then available allocations to those projects having the greatest numerical valne. If tvro (2) or more projects have equal point scores, but only one can be pelmitted within the quota, the board may dispose of the tie in any manner it deems equitable. I. PUBLiC FACILITIES To encourage development on sites already served by exist- ing utilities and services, and to reduce the public cost of ex- tending, enlarging or othelwise irnproving facilities and serv- ices. (Maxirnum twenty-five (25) points-Minimum of minus trventy-five (-25) points. ) Points in this section may be awarded only as indicated, with no variation. 4 Points-(a) Streets: /t. Points. The project can be served by the existing street system and the completion of the project will not overload any local, collector or arterial street in the immediate area beyond a Level of Service C, as de- termined by the critical lane analysis method, and further, the project will not contribute to the need formajor off-site public improvements, either through total city contribution or assessment district. 0 Points. Project can be served by the existing adjacent street system as defined above, and if there are off-site improvements, they are relatively minor (i.e., pedestrian light, turn lane, connections with existing bicycle lanes) and the project wili not contribute to the Supp. No. 15, 7-1-80 740-6 Third year: Fourth year Fifth year: (1) (1) (2) (2) 1125, t575, 2025, ZONING s 37-1305 need for major street improvements either throughtotal city contribution or assessment district. -2 Potnts. Project will be served by an adjacent streetsystem which exceeds Level of Service C, but theproject will not impact the adjacent street system by more than one per cent, or will contribute to the needfor major off-site public improvements, either throughtotal city contribution or an assessment district. -/r. Points. Project cannot be served by existing street sys-tem, gither at a Level of Service C or will significantlycontribute to the need for major off-site public im-provements either through total city contribution or assessment district. 4 Points-(h) Parks: /1 potnts.- Project is within three-fourths (a[) mile of a developed neigh-borhood park without cros,iing a majorstreet, o1 in the-opinion of the planning board, aneighborhood park is not necessaiy or ii r,vithiri aconvenient and safe distance due to-the nature of theproject, the street crossing, or the residents; or theproject proposed to develop a neighborhood park at its expense. 2 Points. Project is within three-fourths (%) mile, without crossing a major street or a controlled p-edestrian cross_ing_is provided, to a neighborhood paik that is sched-u.led by the adopted capital improvernents plan withinthe next two (2) years. 0 Points. P-rojec!. is within one mile of a developed neigh-borhood park without crossing any uncontroUed majorstreets, and access is considered safe and convenient. -lt Points. Project exceeds one mile from developed neigh-borhood park, or major streets separate the park fr6mproject creating unsafe or inconvenient access. 4 Points-( c) Flood Control: 4 Points. The--pro-ject_ is-not in a floodplain, or if the projectis in a floodplain it proposes to fuila a por:tion of amajor drainageway according to the city,s masterdrainage plan, including ant adjacent eirtrance orexisting structures or channels, at io cost to the city. 0 Points. The project is in a floodplain and proposes tobuild a portion of a major drainageway on-iite accord- Supp. No. 15, 7-1-80 740.7 $ 3?-1305 THE REVISED CODE OF THE CITY OF BOULDER ing to the city's master drainage plan at no cost to the citl; or, the project is in the floodp-lain, is-not impacted by-ttre'master drainage plan, and complies with the applicable floodplain regulations. -4 Points. The above conditions are not met-, or the project' requires expenditure of public-funds for construction of 'either major flood coirtrol facilities or local drain- age facilities. 4 Points-( d) Fire Protecti'on: 2 Pod,nts. The project is within the existin-g four (-4) Tlnutefire protecti6n response time, and by itself will not require any atlditional stations, equipment or person- nel. 0 Points. The projects is wthin an existi-ng eight -(^8) Tinutefire prot6cti"on response time, ?nd by itself. will.not requiie any additional staticns, but may require minor equipment or personnel increases. -2 .Points. The project is located beyond an eight (8) minute'- response time, or will require by itself an additional station, equipment or Personnel. 2 Points-( e) Water Distri,bution and Sanitat'y Sewage Collec- tion: 2 Po,i.nts. Existing water mains, water system and sewer' - lines meet ciiy standards for water and sewer service ara fi"" protection, or such improvements ar-e provided at ,to cify cost and such improvements will upgrade water and sewer services and fire protection in the general neighborhood, and no city contribution is re- quired for oversizing. 0 Points. Where additional water mains, water system or sewer line improvements are required which will also upgrade the water or sewer service or fire p.-rotection iri -tfre general neighborhood, and whi.ch will- require city participation in ttre cost, bUt such city funds-do rot exie6d tweirtv (20) percent of those funds collectible from plant inveitment fees from the proposed develop- ment,'or there witl be no cost to !r9 city for. any sewei extension (under one'fourth mile) or oversizing' -2 Points. Where upgrading of the water service or fire protection in the general neighborhood does not occur ind the city's cost exceeds twenty (20) percent of those funds collectible from plant investment fees; or where S,rpp. No. 15, 7-1-80 740-8 ZONING $ 37-1305 sewer lines must be extended more than one-fourthmile or there is a cost to the city for additional lines or for enlarging existing lines. 2 Points-( f.) School Capacity : 2 Points. Two (2) of. the three (3) schools serving theproject have existing capacity as determined by the board of education, and the elementary school is with-in safe walking distance as determin6d by the schooldistrict's current transportation policy, and is not over capacity. 0 Points. Two (2) of the three (3) schools serving theproject do not have existing capacity as determined bythe board of education, or the elementary school thalwill serve the project is not within safe walking dis- tance. -2 Points. All three (3) schools serving the project are over capacity or students have to be bused to two (2) or more of the three (3) schools serving the project. 2 Points-( g) Pol;ice Protection: 2 Points. Project can be served by the existing personnel and facilities, and is within the existing service routes. 0 Points. Project can be served by the existing personnel and facilities and an expansion of the serviie routeswill provide improved service to an area greater thanjust the project. -2 Points. Project cannot be served by existing personnel, facilities and service routes. 2 Points-(h) Public Transpot tation: 2 Po,i,nts. Existing bus service is within one-fourth (t/a) mile for at least one-half Q7r1 of the project, or proj'ect provides improved bus service or improved access toexisting bus service, including a bus shelter (e.g., biketrails, pedestrianways, etc.), to link the project with existing bus service. 0 Points. Fxisting bus service is within one-half (/r) milefor at least one-halt (7r1 of the project, or frojectprovides improved hus service or improved access toexisting bus service. -2 Points. Existing bus service exceeds one-quarter (f/a) mile for over one-half (1r1 of the project. Supp. No. 15, 7-1-80 740-9 3 Points-( i) Special Facili,ties and Seruices: 3 Points. At least three (3) of the following facilities, i.e., libraries, north or scuth recreational centers, day-care facilities, if applicable, neighborhood shopping facili- ties with at least a grocery store, have convenient access within one mile of the project. 0 Points. At least three (3) of the following facilities, i.e', libraries, north or south recreational centers, day-cat:e facilities, if applicable, neighhorhood shopping facili- ties with at least a grocery store, are located within two (2) miles of the project. -3 Points. Two (2) or more of the following facilities, i.e., libraries, north or south recreational centers, day- care facilities, if applicahle, neighborhood shopping facili- ties, are located over two (2) miles from the project. II. LOW AND MODERATE INCOME HOUSING To promote housing for a diversity of income groups by providing dwelling units for rent or for sale.in a price range affordable by families in the low to moderate income range. Factors for this category will be separated into rental projects and sale projects with the points being awarded tlepending upon the price, rent, and the percentage of-units pr6vided, and other factors as outlined in this sectiou. If the iotal nurnber of pcints does not result in a whole number, the number shali -be rounded-off to the lower number if the fraction is less than one-half (0.5), and rounded up to the next higher whole nurnber if the fraction is one-half (0.5)- or grater.-The sales range and rent schedules recognize- that providing low income housing is primarily the responsibility-ot ttre City of Boulder and consequently has placed gre-ater emphasis on moderate income housing being pro-vided by the-private sector. (Maximum twenty (20) points "1") (a) Rental: $ 3?-1305 THE REVISED CODE OF THE CITY OF BOULDER Points per Percentage of Total Dwell,i.rtg [Jni,ts in Proiect Meetingl tlte Approoed Type of Proiect Rent Schedule (1) Without rent assis-tance 1.0 Supp. No. 15, ?-1-80 740-10 Total Allouable Poi,nts 20 ZONING Points per Percentage of Total Dwelli,ng Units in Project Meettng the Approaed, Type of Project Rent Schedule (2) With a state or federal program to assist with rents for low incomefamilies 2.0 $ 37-1305 Total Allowable Points 20 Marimum Poi,nts The rent schedule shall be approved by the City of BoulderHousing Authority prior to the start of the first* constructionyear, and thereafter shall be reviewed semi-annually priorto the. be-ginning of each application period, and adjustedaccordingly. (b) Sales Projects: Points per Percentage of Total Dwellittg UnitsRange per Project Range I 2.0 ZO Range 2 1.0 ZO Range 3 0.5 ZOll,ow income units that are exempt under paragraph 10 of thegrou,th limitation ordinance may be counted toward the ac-cumulation of points ac-cording to the schedule above if pro-vided in conjunction with a private development. The-sale ranges_shall_be as appro\/ed by the Boulder HousingAuthority which shall be establistred .firior to the first con-struction year. The appropriate sales r-ange shall be based ona current definition of low and/or moderate income. The salesranges shdll be reviewed amually prior to 1t " [ugi"ri"g & , Levigw period and adjusted accordingly by the housin-g au-thority. If a developer seeks to receive points by providing low and/ormoderate income housing- for sale wittrin a project, the 'ap- plicant must agree to participate in the moderiteinc6me salisprogram of the City of Boulder. (c) If a developer seeks- to receive points by providing lowand,,'or moderate income housing (sale or rental) witfiin aproject, the applicant must submit plans for modeiate incomeunits at the same time the application is subrnitted. The hous-ing-author-ity shal_l review the plans for providing low aiajormoderate income houling and either app-rove, deiy or iecom-mend modifications. -I, acting_on-propbied pfans, ine frousirrgauthority shall consider the following factorj: Supp. No. 15, 7-1-80 740-L1 $ 3?.1305 THE REYISED CODE OF THE CITY OF BOULDER (1) The number of units and method propos-ed in Provid-ing dwelling units for low and/or moderate income families. (2) The sales or marketing plan directed to attract low and/or moderate income families. (3) Number of bedrooms per unit in relationship to the' price or rental ranges proposed, and the degree of emphasis on famliy units for rental projects. (4) The phrasing or time schedule for the construction and sale or renting of the units. (5) Evaluation of the methods proposed by the developer to assure or guarantee the satisfactory completion of the developer's commitment. This factor shall be con- sidered as-a major requirement in the housing author- ity's decision. If a developer does not adhere to a pievious commitment to provide.low and/or moderate income housing, it shall be considered sufficient just- ification for the housing authority to recommend to the planning board that they revoke any oUtstanding- al- iocation the developer may have, as well as withhold future allocations. (6) An agreement by the developer to kee'p all previously constiucted rental units at the agreed upon rent for two and one-half (2t/) years from the date of issuance of a certificate of occupancy with annual rent adjust- ments as approved by the housing authority; an agree- ment by the developer to keep all new rental units at the agreed-upon rent until March 10, 1982. (7) The type of report to be submitted at the end of the projeit evaluating the results of the commitment. The location of low and/or moderate income units fulfilling the requirement of this section is intended to be within the bounda-ries of the project being reviewed for an allocation of units. If, however, in ttre opinion of the housing authority, there are unusual circumstances such as zoning requirements, location or size of the project, the housing authority may allow a developer to fulfiil tlie requirement at a location with- in the city removed from the project if it can be built under the proviiions of the growth-limitation ordinance. Further, the irousing authority,ln making its recommendation to the planning bdard, will iomment upon the-design oI t-hg units.and their sultabiliti to meet the needs of the intended low and,ror moderate income occupants. The standards and criteria used Supp. No. 15' 7-1-80 740-L2 zoNING s 8?-1306 to review and cornment will be from the standpoint of the housing a-uthority when it sponsors or has a projeit of its ownfor a similar class of occupants. If the proposalis substantial-ly deficient in meeting one or more criteiia, the housing au-thority shSll recommend to the planning boaid a reducti6n ofno more thgn ten (10) in the number of points to be recom- mended under this subsection. III. ENVIRONMENTAL ELEMENTS - To encourage the preservation as open space, of lands withhazardous features, to provide for the cons-ervation of criticalnatural areas and resources, and to reduce the environmental itnprplg. of .major residential projects. (Maximum twenty-five (25) points.) 5 Points-(a) Natural Resources and Natu,ral Areas: Fo1 tlri,s section, points from zero (0) to five (5) may beawarded based on the significance of 'the preservd,tion eifortor lack of effort. A variable point score is possible ln ttrissection, anywhere between the maximum an^d minimum in-dicated. 5 Points. Preservation or conservation of natural resources and natural areas, such as groundwater, surface water,floodplains, extractable mintrals, geological areas, wild-life interest, topsoil, tree areas, aie not applicabl'e. 0 Points. Does not consider these elements. 20 Points-(b) Conseruation of Energy, Water and, Other Re_sources (Ma*iruu,m): To encourage th_e conservation of scarce resources, especiallyenergy, water and recyclables. One method to receive- pointsin the- energy c-onserv-ation section is by providing any-num-ber of options from the list below. There^may be"otlier waysto conserve energ'y; and an open category is-provided where a.n, applicant can propose .ar:r_ energy conseivation proposal notlisted, carefuliy document the reiirlting energy davings, ana De awarded rrom one (t) to twenty (20) points. points in thissection will be a'ivarded only when edch proposal is incor_porated into at least seventy-five (7b) percent trf units witrrina project. This section provides a option list where more than themaximum available number-of points are listed. fiiiJ-is-toallow greater flexibility for the^applicant to receiu" pointr, Supp. No. 15, 7-1-80 740-13 $ 3?-1305 THE REVISED CODE OF THE CITY OF BOULDER since there are more categories to choose from. No more than a totrl of twenty (20) points will be awarded for conserva- tion, however. 20 Points Mamtmum: (l) Option list: 2 points for each of the following: a. Orientation of streets and/ot buildings to provide maximum solar access; b. Face sloPing roofs to south; c. Guarantee solar access through sales contracts, PUD conditions or other legally binding agree- ments; d. Energy-efficient space and water heating equip- ment; e. If multifamliy, individually metered units; f. Energy conservation owner's manual; 4 points for each of the following: c. Increase insulation twenty (20) percent above city building code requirements ; h. Reduce area of nonsouthern glazing twenty (20) percent below city building code requirements; i. Triple glazing on nonsouth windows; j. Movable insulation of R-5 or better on one-half of glazing area. 8 points for each of the following: k. Active solar domestic hot water providing a mini- mum of sixty (60) percent of the annual hot water energy requirements. 0 Points. Does not consider these elements. (2) Energy conserttation, -malimum tw-entg (20) -poi'nts:'-' O"" ii) to twenty (20) poilts can be awarded for an energy conservatibn'propbsat which documents a sign- ifica"nl energy savings in terms of the total project' n'o, Jir*ptJ: tr''or paisive and active solar, the criteria used will be three-lourths of a point for every square foot of solar glazing per one hundred (100) square Supp. No. 15, 7-1-80 740-14 ZONING $ 37-1305 feet of floor area. For a one thousand (1,000) square foot house with one hundred (100) square feet of solar " glazing, seven and one-half (7r/z) points would be awarded. (3) Water conseraation, mafr,imum stm (6) points: One (1) to six (6) points can be awarded for a water conserva-tion proposal which documents a significant water savings in terms of the total project. (4) RecUcl'ing, matimum eight (8) poittts: t* points: Retrofit of existing huildings to meet cur-rent city building code requirements as a signifi- cant aspect of the project. 11 points: Proposals which provide incentives for re- cycling. IV. SITE DESIGN AND RELATIONSHIP WITH SURROUNDING AREAS To encourage a functional and efficient use of the land sothat the long-term stability of the site and adjacent landsalg secure, and the overall community value enhanced. (Maximum thirty (30) points) Under each section of the site design and relationship with surrounding areas category, there are identified major fac- tors or criteria which a project must consider and incorporatein order to receive points. The point assignment will depend ol- ttrq degree to which a project not only considers the ap-plicable factors, but also how well it incorporates them intothe project. The point seores are variable and may fall any- where between the maximum and the minimum. Under (a), "Open Space and Landscaping," and (b), "Circulation andParking,"- and (d), "Relationship to Surrounding Area." Benchmark points are provided and are to be used as a guide. 8 Points-(a) (1) Open Space: 4 Points. (1) The open space (as defined in the City of Boulder Land Use Regulations) is both ac- cessible and functional (e.g., less than fifteen(15) percent slope, unless a part of an ap-proved PUD, not adjacent to a high speed street, etc.); (2) The project utilizes the required open space byproviding common open space that is usable Supp. No. 15,7-1-80 740-L5 $ 37-1305 THE REViSED CODE OF THE CITY OF BOULDER to the units and needs of the people being served; (3) Private open space is provided for each unit; (a) The project provides for the preservation of natural features, including trees and drainage areas; and (5) Where open space is not required in a zon- ing district, the project must meet the rede- veloping district open space requirement. 2 Points. The project meets all but one of the above criteria, or is not within close proximity to usable com- mon open sp.ace, or if the project does provide common open space, it is in small, nohfunctional arrangements. 0 Points. The project does not consider or revolve two (2) of the above-iisted criteria, or the open space is not functional as recreational areas because of its prox- imity to major streets, steep slopes or other similar features. 4 Points-( a) (2) Land,scapingl : I Potnts. The project provides : (1) For a variety of plant and hard-surface materials (and the selection of materials provides a variety of colors and contracts); (2) Provides plant material larger than required by the City of Boulder Landscaping Guidelines; (3) The reqnired setbacks and yards along public roadways and in the usable open space are land- scaped to provide for attractive streetscape to enhance architectural features and to contribute to the development of an attractive site plan; (4) The landscaping is designed to facilitate the buf- fering of one land use from a less intensive land use; (5) Screening of service yards and other places which tend to be unsightly is accomplished by the use of walls, fencing, planting, or a comhination of these; (6) The project has provided for continual mainte- nance. 2 Potnts. The project provides for a variety of plant and hard surface materials, meets the minimum require. Supp. No. 15, 7-1-80 740-L6 zoNrNG $ 37-1806 ments for the City of Boulder Landscaping Guidelines but does not consider item (4) from the above list. 0 Poi.nts. The project does not meet the above criteria. 1In projects consisting entirely of single-family de- tached dwellings, where the landscaping is traditional- ly completed by the future homeowner rather than the rieveloper, covenants running with the land will be considered in the evaluation of the above criteria. In addition, deve'oper will suhmit a detailed landscape, street furniture and materials plan which describes the treatment of all land in the public right-of-way which will be completed as part of the site improvements. 8 Points-(b) Circulation and Parki,ng: 8 Points. The street system that is adjacent to and serves the property, whether constructed by the developer or not: (1) Discourages high speeds especially in situations where there is no physical separation (such as a wall) between the rcadway and the proiect; (2) Minimizes pedestrian-vehicular conflicts; (3) Provides safe and convenient connections lvithin the project and between the proiect and other streets; (4) Has a minimum amount of land devoted to the street system, including one-half (Yil of the streets external to the project; (5) Provides for alternative modes of transportation by providing on-site facilities for and external linkages with other modcs of transportation where applicable, i"e., bus shelters, bike paths, functional pedestrian circulation system ; (6) Incorporates into the design of parking areas measures to provide for proper circulation and operation in terms of safety, convenience and separation of pedestrian movernents from vehicu- lar movements; (7) Minimum amount of land in the project is devoted to parking; (8) The design and treatment of parking areas and lighting is such as to reduce their visual impact on Supp. No. 15,7-1-80 740-77 .$ 37-1306 THE REYISED CODE OF THE CITY OF BOULDER the project, adjacent properties, and public rights- of-way. I Po,ints. The project does not consider or resolve items (4), (5) and (7) from the above list. 0 Poi.nts. The project has locations within or adjacent to the development which are unsafe from a circulationor parking standpoint, or the parking has a strong negative impact on the quality of the development, or the project does not consider or resolve the above-lis- ted,:riteria. 8 Points- (c) Liaabili,ta : Some criteria may be more significant to some projects than to others. These will be weighed accordingly. 8-0 Potlnts.' Through the site plan as well as written mate- rial, the project: (1) Minimizes noise between units where attached; between buildings and from external sources, either on- or off- site; . (2) Prqvides visual separation between units for both in- doo:: and outdoor living spaces; (3) Provides sunlight and minimizes shadows where ap- propriate to windows, roofs and open space, both public and private; (4) Provides individual security and safety for eaeh unit. as rrell as the common areas, such as open space and par.king; (5) Provides a lighting plan which addresses security, safety and aesthetics; (6) Mitigates impacts of undesirable winds; (7) Con.siders view corridors toward the mountains or city throughout the project, and provides for internal views where applicable; (8) Minimizes cut and fill on the site, and provides for the desjign of struetures to conform to the natural con- tours of the land; (9) Provides additional criteria which enhance the livabil- ity cf the project. Supp. ltlo. 15, 7-1:80 740-18 ZONING $' 3?,1306 6 Points-(d,) Relati,onship to Sutrtound.i,ng Area: 6 Poi,nts. (1) The building height, mass, scale, orientationand configuration are compatible with thbgeneral character of the vicinity;(2) The orientation of the building or buildings is' such as to minimize shadows and./or blocking of views from adjacent properties; (3) lVhere the character of the area is identifia- ble, the projeet considers such conditions bythe appropriate use of color, materials and vegetation. 3 Points. Does not consider or resolve either item (2) or (B) from the above list. 0 Points. Does not consider or resolve any two (2) items from the above list. V. APPROVED PUD'S (Maximum five (5) points) 5 Podnts. PUD's approved prior to November 10, 1gT6, by the City of Boulder. 2 Points. All subclvisions and PUD'S annexed to the Cityof Boulder after November 10, 1976, that have been (-Ord. No. 4208, $ 1, 3-15-7?i Ord. No. 4251, g 1, 8-i-?Z; Ord. No. 4498, $ 1(c), 5-20-80) Sec. 37-1306. Conditions on approval; termination; rights on' assignment. (a)- Th9 board, city council or planning board, approvingan allo.cation, may attach terms and condltions oh ipprovalAn automatic or understood term or condition shal be thatthe project or allocation shall be performed or carried outsubstantially in compliance with the representations in theapplication. Allocations for other than -exempt units musthavq- the^ bgildin-g permit applied for within eleven (11) months of official approval, anil then construction must liave commenced within fifteen (rS) months oi ttre aaisoi-itre at-location, and construction pursued in accordance with the re-guirements of the city's building code unless a different timeperiod is provided as a term or condition by the board grant-ing the approval. Failure to meet thesd time limit"ationsresults in expiration of the allocations. A specific schedule or Supp. No. 16, 7-1-80 740-19 $ 3?-1306 THE REYISED CODE OF THE CITY OF BOULDER schedules on the construction of low and/ot moderate income housing may be included as a term or condition so that the city is ensured that it is in fact provided, as repres-ented. Ph-asing or other scheduling of cons-truction' may also- be ap- proved-if the applicant can establish economic or other re- luirements for -fequesting and having the same- ?pproved.ierms and conditions on approval are to be reasona-bly related to achieving the intents and purposes of this article. (b) An applicant who has received an allocation- ma.Ir s.gr- render the allbcation prior to the expiration of the time limita- tion so that the number of allocations can be reallocated as provided in the second paragraph of section 37-1303. The ap--plicant will inform the board wtrictr granted the approval the reasons that the allocations were unused. An allocation received because the total number applied for is less than that required to invoke the merit system will have to be used within the basic conditions set forth in this section, and the termination provisions of (c) below apply. (c) The planning board may terminate, after reasonable notiie and hearins, any part or all allocations of a holder for noncompliance with-or-breach of the terms and conditions on approvai. tn the event a condition has been breached but no hearing has been held and a termination has not occurred, such a delermination on hearing before the planning board may be made and it will have the same effect as if a termina- tion had occurred. The reason for this is that a breach may be noticed when termination is impractical, i.e., all unjts are half- way complete in their construction. Similarly, the planning board may hold a termination hearing on any surrender-ed or expired allocation and make a termination finding if it deter- mines that the surrender occurred substantially later than it in good faith should have, or that the- applicant wtrose. alloca- tiois expired could not have reasonably anticipated Uling.the number bf allocations at the time they were granted. Termina- tion will automatically prohibit the holder from filing, or-ap- plying for another aliocation for one (1) -year. from the date 6f teimination; provided, however, the planning board may shorten that period if it deems it appropriate.and cal then also impose special terms on any future application for an allocation by that applicant to guarantee that no subsequent termination occurs. (d) It is the intention of this article that allocations be apir6ved for specific land or parcels of p-roperty. Each^ al- tocation so apprbved shall indicate such land--or property.--Apv transferee, !'iantee, or assignee of any allocation shall be Supp. No. 15, 7-1-80 740-20 zoNING g 37_1308 subject to the terms and conditions under which the original gttggalign ya! qalrlgd. (Ord. No. 4208, S 1, B-lb-zt; OriINo.4498, S 1(d),5-20-80) Sec. 37-1307. Call-up. .. City council has the- right of ca-lJ-up on decisions made bythe planning board underlhis article.'since ttre m&ii sv.t"-is a competitive a-nd comparative process, arrv caii:up bi";iitcouncil . g{ anv allocation will be -a cail-irp dt att aiio"itionsmade at the same time. The procedures foliowed bv citv cou"-cil will conform substantialy with those of *ectioh di"-sor'otthis chapter. (Ord. No.4208, g 1,8-1b-ZZ) - Sec. 37-1308. Construction of, artiele; severability. (a) The provisions of this article are to be construed in_sofar as possible to be consistent with appticaUtJ citv ,eEufa_tions. In the event of-an inconsistency, tire piovisiorir* o-ftti.article are to control._ !f ,not intend-ed hertby to -iepeai-or o-therwise affect the subdivision regulations, th6 luitain-g ciae,the_ ho_using code, or any other city ordinances,--r"guTuiion. and codes. .,, (b)..Should any-portion of this article be held illegal, theillegality thereof shall not affect any other provisions-o? tiri.article. It is the express intention of the citv council tt ut ttrepro_visions herein set forth are independent from uu.tt-ott".and would have been approved without that portion- wrrlcrrmay hereafter be found -to be illegal. (Ord. No. -aZOS,' $- f ,3-L5-77) 740-27 Supp. No. 16, ?-1-80 ZONING APPENDIX A(5) SMTILL CAR PAR4ING: A proportion of the total spacesin e-?<:h parking facility may 6e designed and marked forsmall r:ar use according fo the iollowing table: Total Spaces Requireil 3-4 5-99 100-149 150 or greater Manimum Reduction forSmall Cars 1 space 20% 30% 40% -50% -fq11spor-latio! ,recommends a small car parking standardof 7'9" stall width and 1b' by length. A sirggestJtt-raiiJofgnall .cg parking spales_ to_required parking:i-s above- (O"a. No.4418, g 6, b-1-29; Ord. No. 4427,9'L,6-b-?g) APPENDIX B 1B-. FORMULATION FOR CALCULATING LOT AREAREDUCTIONS IN ESTABLISHED ZONES (SNCtibN 37-506d). To calculate the maximum reduction in lot slzepe-rmitted in an established zone, a developer would use thefollowing formula: ar-bc__-x 4 ar-x-ml Br : Area required per unit in the established zone bc - Building coverage proposed per unit ml - Minimum lot area per unit permitted with a 26/oreduction To illustrate with an example, suppose a developer in anMR-E zone wished to construct a pUO with the ira*imu* 95,f"\ permitted density in_crease, and with f,O0O squarefeet.of- coverage per unit. The minimum lot siz6 permitted would be: 3,600 sq. ft. per lot required in MR-E - 1,000 sq. ft.coverage+4-626sq.ft. 3,600 - 625 - 2,875 sq. ft., the minimum lot size (Ord. No.4418, $ 6, 5-1-79) Supp. No. 16,7-1-80 747 TIIE REVISED CODE OF THE CITY OF BOULDEB APPENDIX C o d Eo = i lTaYer: fi.',,-.--:ri !.;.: :..'..lr _: ::1_, e{ ;EIFfF.i>9AEE ffiIEE (Ord. No.4504, $ 8,7-1-80) Supp. No. 16,7-1-80 il I e B ca Q6 EO EI IDo.oG Qooo aaoo t at 6 at t, t Q6 a a6E6iEI Eo -t!!-:l <a r Eo tcu0;!r B a€-!dgt <a [Ttre nert page is 777] 748 SALES AND USE TAX s 40-10 director shall prescribe. 5. Refund di,salloued. Upon receipt of such application the director shall examine same with all due speed and shall give notice to the applicant by order in writing of his decision thereon. Aggrieved applicants, within ten (10) days after such decision is mailed to them, may petition the director for a hearing on the claim in the manner provided in section 40-11 and may appeal to the district courts in the manner provided herein. 6, Refunil pagment. If the director discovers from the ex- amination of a return within the time periods provided for the filing of refunds, or upon claim duly filed by the tax- payer, or upon final judgment of a court, that the tax, penalty, or interest paid by any taxpayer is in excess of the amount due or has been illegally or erroneously collected, then the director shall rule in favor of the taxpayer for refund of such illegally collected tax, penalty, or interest, regardless of whether or not such sum was paid under protest, together with interest provided in section 40-9. The director shall issuehis warrant for the payment to the taxpayer, out of the reserve of the city general fund provided therefor; provided, that the director shall keep in his files a duplicate of said voucher and also a statement which shall set forth the reason why such refund shall have been ordered. 7. Refund to offset preaious tar due. Whenever it is estab- lished that any taxpayer has, for any period open under the statutes, overpaid a tax imposed by this code, and that there is an unpaid balance of tax and interest accrued according to the records of the director, owing by such taxpayer for any other period, so much of the overpayment of tax plus interest allowable thereon as does not exceed the amount of such unpaid balance, shall be credited thereto and any excess of the overpayment shall be refunded. 8. Specinl refund; und.ercollecti,on; retai,l otserpayment of taaes. If any retailer can demonstrate to the reasonable satisfaction of the director of finance and record, or his au- thorized agent, that consistent, diligent application and ad- herence by the retailer of the equivalent two (2) per cent bracket system rates results in actual under-collection of the sales tax by the retailer, then the director of finance and record is authorized to allow said retailer either credit againstfuture tax liability or a refund of such under collection, as the director of finance and record may determine. 9. Special refunil; estimnted pa.gmmt basrs; contraofnr wupo,gmznt of taaes. Application for refund by contractors Supp. No. 15,7-1-80 837 $ 40-10 THE REVISED CODE OF TIIE CITY OF BOULDER prepaying on an estimated percentage payment basis, or actual tax basis, shall be made within eighteen (18) months after the date of purchase and shall be made on forms pre- scribed and furnished by the director of finance, which form shall contain, in addition to the foregoing information such pertinent data as the director shall prescribe. 10. Specia,l, refunil; county and, state highutag d,epartmnnt refund. The foregoing notwithstanding, however, applica- tions for refunds submitted by either the county commis- sioners of the County of Boulder, or by the department of highways of the State of Colorado, shall be submitted within eighteen (18) months after purchase of the tangible personal property purchased by any person, firm or corporation furn- ishing work and materiais under contract, either with the county commissioners or the department of highways, for construction or repair of any portion of a legally designated county or state highway and appurtenances thereonto belong- ing, located within the corporate limits of the City of Boulder; provided, however, that the refund to said county or state highway department of all sales and use taxes received by the City of Boulder in the manner aforesaid shall not exceed ninety-eight and on+half (98.5) per cent of said receipts. L1-. Special refund,s; food tar refunl, to ci,tg resi.d,ents, (A) For purposes of this section, and the refund of food tax collected, "resident of the City of Boulder" shall mean any person who is over the age of sixteen (16) years and who has resided inside the City of Boulder for the entire fiscal year for which the food tax refund is applied for. (B) Any resident, as herein defined, may, not later than April 15 of every year, apply on such forms a"s provided by the director of finance and record, for an annual food tax refund from the City of Boulder in the amount of five dollars thirty-three cents ($5.33) for himself, and in addition, for every person who is a member of this household, and for whom he is entitled to claim a personal exemption under and pursuant to the federal income tax laws. Any resident who is over the age of sixty-five (65) years shall be entitled to receive an ad- ditional food tax refund in the amount of five dollars thirty-three cents ($5.33), and any resident who is blind shall be entitled to receive an additional food tax refund in the amount of five dollars thirty-three cents ($6.33). Supp. No. 16,7-1-80 888 SALES AND USE TAX $ 40-11 (C) No person who may be claimed as a personal exemptionon another resident's application for refund shail beentitled to an additional-food tax refund. If a food taxrefund is claimed on more than one application tor ttres-ame person, the director of finance and record is au-thorized to determine the person entiiled to ctaim therefund provided for in this section. (D) In no event shall the total food tax refund to any per- son exceed the amount of retail sales and use tai paid by him for food. (E) lhe application shall be reviewed or examined bv thed-irector of finance and record and if tre is saiisdeathat the information provided therein e"iittes-lt " up-plicant to a food tax refund, either in thJ amouirtclaimed or in_any amount determined fv tne dil;;torof finance and -reco_rd, the I'efund shall bb paid. Other-wise the same shall be denied. L2. False or. f raudulent ref und, cluim. Any applicant forrefund under-the provisions of this section, of any other per_son whq shall make any false statement in conriectio" iritrran.-application for a r6fund of any taxes shati ne- aeemeaguiltv of a misdemgarlqr and upon cbnviction-iilili srriri tepunishable as provided herein. ^ 13. Action to recoaer fraudulent clui,ms.If any person beconvicted under the provisions of this section, tu"-rr -convic- tions shall be "prima facie" evidence that all reiunas receiveaby..such person _during the current year were obtained ,nla*-r-ylly arld the director of finance is hereby empowered anddirected^to b.ring appropriate action for re6overi. of such-re-runos' A brrer sum.mary statement of the above-referencedpena-lties shall be printeri on each form applcuiio" fo" ,iiii"a.(99-d.^I_vo._qqol, $ 1; ord- No. 4a0ii;5T z:io-iu-'o;;.\r.4476, g 1,2-19-80)- Sec. 40-ll. Hearings. , l.,Any taxpayer m?y request a hearing on any proposedtax- b_y reason of notice of final determination, bsiesshentand demand -for- payment or by ""aso" of "- a"niri ot"r,i,c*lm tor refund by a-pp-lication to the director of financeyithin ten, (10) a+v!, olthg nlailips of , "oii.e ot airi.'iii"v,assessment or denial of- refund. The request toi treiiini-,trari ryt fo{h. t}e taxpayer,s reasons for;nE td-;;iriliii'?fir,"reques-ted changes in the deficiency, assessment or denial ofrefund. ggg Supp. No. 16, ?-1_80 $ 40-11 THE BEVISED CODE OF THE CITY OF BOULDER 2. The director of finance shall notify the taxpayer in writ- ing of the time and place for such hearing thirty (30) days prior thereto. In all cases the hearing shall be held in Boulder, Colorado, at the office of the director. 3. After a hearing under this section the taxpayer shall not be entitled to a second hearing before the director on the matters set forth in his previous request for hearing. 4. The hearing shall be held before the director of finance. The director is hereby authorized to administer oaths and take testimony. At the hearing, the taxpayer may assert any facts, make any arguments and file any briefs and affidavits he believes pertinent to his cause. 5. In lieu of the request for hearing within the time pro- vided by this section the taxpayer may, at his election, re- quest an extension in time for hearing. The written request for such extension to be filed within said ten (10) days from notice of final determination, assessment and demand for payment or final denial or refund, or file a written brief and such other written materials or documents as he shall deem appropriate and request that the director of finance recon- sider the deficiency without a hearing. The director shall pro- ceed to reconsider the deficiency in the same manner as if the written material submitted had been presented at a hearing pursuant to this section. The submission of written material shall be considered for all purposes the same as a request for and submission of the material at a hearing. 6. After the expiration of ten (10) days from the mailing of the notice of deficiency of final determination, assessment and demand for payment or denial of refund, if the tax has not been paid or if no request for hearing has been requested, or no written brief has been filed by the taxpayer, then the notice of final determination, assessment and demand for payment previously mailed, shall constitute a final assessment of the amount of the tax specified together with interest, ad- ditions to tax and penalties or shall constitute a final denial of refund, as the case may be except only for such amounts as to which the taxpayer has filed a protest with the director. Supp. No. 15, 7-1-80 840 SALES AND USE TAX s 4o-1s . Sateq and use tax shall be a first and prior lien in thetangible qersonat property. sotd, purcdr6d;-;t.;;4,' used,distributed or consum6d, subjeci'o;it t" ;;tia""ioi?ri" o"other liens of record on ?!q ririo* to ir," "u"i"aiiri^,lFlriti."as .re_quired by section 40-1:i.6; ana wfren-il;h-T"; is"col_lected by retalters- or age-nts, then ttre ;;L, ;;'u.;iii i,n_posed .by sections he_reu-nder'shall-be a ni.-t """d i"iii ti",up.on the-goods and.blsiness fixtures ;f;;;illiu"v rliv re_tailer under lease, tifle retainlrg .o"t.".t or othei coniractarrangement, and shall take precedence on all such- pro#rtyover other liens or claims of whatsoer;" ti"a "t ,itirrt.2. (A). SoIe of b.rniyesg. Any person who shall sell out hisDustness or stock 9f Sogdq, or shall quit business, shallbe required to make out flie reiurn u'. p"o"lata lh-tni, ,Cod.", within ten (10) a"v, ail"" th; A;td-[i*.oih r,i,business or stock bt gootis, 6"- qrif- tr-iir.i,i ,iri rri,successor in business stratt 6e required i, wiititoid-suf-ficient of the purchase ;o;;t to .orre, tfrJ amount otsaid taxes due and unpaid untlt suctr ifi" ; iii; f;;",owner shail produce-a receipt irom-ltre-airict"# otfinance showing that the i"-i". ta"" 6;;r;ffi;"1" "certificate that no taxes are due. (B) Pu,rchases subject to-tien. rf. the purchaser of a businessor stock of goods sha[ fail io -wi]trtrJa trri-J,#"u."money as aborre provided and the taxes stratl f,r--ane ill,Hlii'f .tiT."ll;:,,,il3,, jm,,m;t$*n*t*.;,f ment of the taxes u-npaid'bv the i6rmer-o-ir#"f,"it ._wise, anyone who tak6s any"stli.t "f -il"t*" orlr#""..fixtures of or used bt ,r,y-p"i.on under lease. tifleretainins contract or -othei ctnt" t ii"irg.ii"-i.t, Lypurchase, fore.c.losu-re sale, or -oiffi*i;;'t:"f;;";*" gubjec! to the lien for_ any'definquent sal& taiJs owea !X .t ".1 person, a_na sharib"-ii;b'C i;" ti;i"v"ir"i otau delrnquent g-ales _taxes of suc_h prior rjwhei,--not,however, exceeding ttiu-uir* oi trrl'pli,ri*iv .o Li.nor acquired. 3. Statw of tlnnaid, Tar in Banlcru,ptcg and, Reeei,aership.When_ever the busihess or propertv of itrriJ -b oae .ii, r i E' p raced -i n "*.j'.,""rr,1il, HlflIil HltTt"::s isnm e nt f o r the b en-ef iC ot cr"d i 6;;;;"#ffiil3'i'di #a i nt f fl !'Lx:d"""L'f 1:?i}!::n::itF*tlY,i".?1tTf :"fJH#'l,l,ffiunder the terms of this code-sfiaif 6l- , p"iiiii,a'bi""tiir"alien against all the p-{operty oi sairi-tiipayer, except as to pre-existing claims or-lieirs of " Uonr-?ite mo*gagee, pledgee, Supp. No. 16, ?-1-80 842-l S 40-13 THE REVISED CODE OF THE CITY OFBOULDER judgment creditor or purchaser whose rights shall have at- tached prior to the filing of the notice as provided herein, on the property of the taxpayer, other than on the goods, stock- in-tfade and business fiitures of such taxpayer and no sheriff, receiver, assignee or other officer shall sell the property of any person subject to this Code under process or order of any court without first ascertaining from the director of finance the amount of any taxes due and payable under this Code; and if there be any such taxes due, owing or ttnpaid, it shall be the duty of such officer to first pay the amount of said taxes out of the proceeds of said sale before making payment of any moneys to judgment credit or other claims of whatso- ever nature, except the costs of the proceedings and other preexisting claims or liens as above provided. 4. (A'l Lien f or unpaid tares on personal Ttropertg afffued to rea) property. The full amount of unpaid taxes aris- ing from and required to be reported on personal prop- erty affixed to real ploperty under this Code, together with interest and penalties as herein provided, shall be and constitute a first anrl prior lien, which lien shall have precedence over all other liens of whatsoever kind and nature, except as to liens for general taxes created by state law, and except as to preexisting claims or liens of a bona fide mortgagee, pledgee, judgment creditor or purchaser whose rights shall have attached prior to the filing of the notice of tax lien on the prop- erty of the taxpayer, other than on the goods, stock-in- trade and business fixtures of such taxpayer. (B) No fi,nal inspection or certificate of occupancg unless tar paid. No final inspection shall be made by the city building inspector or no certificate of occupancy shall be issued unless all taxes due as provided in the City of Boulder retail sales and use tax code, on all lumber, fixtures and any other building materials and supplies used in or connected with the construction, reconstruc- tion, alteration, expansion, modification or improve- ment of any building, dwelling or other structure or improvement to real property within the city have been paid or arrangements therefor made with the director of finance. 5. Befwal to Make Beturns-Estimate of Taaes-Notice o'ff infrl D eter rrutnation-As s e s srnent-D eman d, f or P ay ment. (A) If any person or taxpayer or vendor fails, neglects or refuses to collect the tax or make a return and pay the tax as required by this Code or should fail to remit Supp. No. 15, 7-1-80 842-2 SALES AND USE TAX s 40-13 the proper amount of tax or underpays the tax becauseof negligence, fraud or on a regular basis, the directorof finance shall make an estimate based upon such in-formation as may be available and shatl add thereto the additions to tax, penalty and interest as set forthin section 40-8 herein and promptly thereafter give tothe delinquent taxpayer written notice of such esti- mated taxes, penalty and interest, which notice of as- sessment shall be sent by first class mail directed to the last address of the taxpayer on file with the sales and use tax division of the department of finance, andwhich notice of final determination, assessment and demand for payment shall be due and payable ten (10) days from such notice. (B) The provisions as to hearings and appeals as set forthin sections 40-11 and 40-12 shall apply to such noticeof final determination, assessment and demand for payment. . 6. No_tice of Tare Lien. If. any taxes, penalty or interest imposed by this Code and shown due I:y returns filed by thetaxpayer or as shown by assessments duly made as provided herein, are not paid within ten (10) daysafter the same are d-ue, the director of finance shall issue a notice, setting forth the name of the taxpayer, the amount of the tax, penalties andinterest, the- date of the accrual thereof, and that the Cityof Boulder claims a first and prior lien therefor on the reiland tangible personal property of the taxpayer except as topre-existing cliims or lien of a bona fide mortgagee, pledgee,judgment creditor or purchaser whose rights sfraU liave-at- tached prior to the filing cf the notice as herein provided onproperty of the taxpayer, other than on the goods, stock in trade and business fixtures of such taxpayer. '1. Issuance of Distrai,n,t Warrant; Filing of Lien. Saidnotice shall be cn forms prescrihed by the director of financeand shall be verified by him or his duly qualified deputy, orany duly qualified agent of the director of finance wh,ose duties are the collection of such tax, and may be filed in theoffice of the clerk and recorder of any county in the state in which- the._taxpayer owns real or tangible personal property, and the filing of such notice shall create such lien- orr suiliLproperty in that county and eonstitute notice thereof. Aftersaid notice has been filed, or concurrently therewith, or atany time when taxes due are unpaid, whether such notice befiled or not, the director of finance may issue a distraintwarrant as provided in section 40-13(g) (A). Supp. No. 15, 7-1-80 843 $ 40-18 THE REVISED CODE OF THE CITY OF BOULDER 8. Jeopardy Assessment and. Distrai'nt. (A) If the director finds that collection of the tax will be' ' jeopardized by delay, in his discretion, he -may declare the taxable p-eriod immediately terminated, determine the tax, and issue notice and demand for pPyment thereof;'and, having done so, the tax shall be due and payable forthwith, and the director may proceed im- indaiatety to collect such tax as provided in section 40-13 (e). (B) In any other case wherein it appears that the revenue' ' is in- jeopardy, the director may immediately -issue demand for piyment; and, regardless of the provision-s of section 40-11 and 40-L2 of the Code, the tax shall be due and payable forthwith and, in his discretion' the director may proceed immediately to collect said tax as provided in subsection 13(9). (C) Collection under either suhsection (A) or (B) of th1'q' section may be stayed if the taxpayer gives sugh security foi payment as shall be satisfactory to the director. 9. Methods of Enfor"cing Collecti,on. (A) When d,istraint i,ssued. The director may issue a_war-' rant under his own hand directed to any employee, agent, or lepresentative of the department of fin-ance, sometimes in ttris section referred to collectively as "agentr" or "revenue collector," or "sheriff" of any county of the state, commanding him to distrain, seize, and sell the personal property of the taxpayer, except such personal property as is exempt from execution and sale by any statute of this state, for the payment of the tax due together with penalties and interest ac- crued thereon and cost of execution. (1) When any deficiency in tax is not paid within-.ten (10) days from the mailing of notice and final determination, assessment and demand for pay- ment therefor and no hearing has been requested and no appeal from such deficiency assessment has been dbcketed with any district court of this state within said period; or, (2) When any other amount of tax, penalty,,or interest is not paid within ten (10) days from the mailing of assessment and demand for payment thereof ; of, Supp. No. 15' 7-1-80 844 (3) Immediately upon making of a jeopardy assess- ment or of the issuance of a demand for payment, as provided in section 40-13(8). (4) The director or his representative may apply to any judge of the municipal court of the City of Boulder for a warrant authorizing the director or his representative to seareh for and seize property which is located within the city limits for the purpose of enforcing the collection of sales and use taxes. Municipal court judges of the City of Boulder shall issue such warrant after notice and opportunity for hearing upon a showing that: (a) (1) Delivery of a notice of hearing to the taxpayer has been made forty-eight (48) hours before the time of hearing; or (2) A notice of hearing has been mailed by certified mail, return receipt requested, to the taxpayer's last known address not less than five (5) days before the date of hearing; (b) The premises to which entry is sought con-tains property that is subject to levy for the taxes due; and (c) The preconditions of section 40-13 (9) (A) (1), (2), or (3) have been satisfied. The procedures to be followed in issuing and ex-ecuting a warrant pursuant to this subsectionshall comply with rule 24t (C) and (D) of theMunicipal Court Rules of Procedure. .i'he pro- cedure to be followed in contesting a wariant p:evio_usly issued shall comply with rite ZAL(E) ofthe Municipal Court Rules of procedure, i:xceptthat no proce-eding, to contest such warrint mi-i be brought after five (5) days prior to the datefixed for sale of the distrained property. (B) Distrai,nt seizure; adaertisement of sale; ou)ner re- coo ers seized, property bg purchase. SALES AND USE TAX $ 40-13 845 Supp. No. 15,7-1-80 SALES AND USE TAX $ 40-14 written request for such determination, filed after the filing bf the decedent's final return or filed after the filing of the return of the decedent's estate with respect to which such request is ap- plicable, by any personal representative of such decedent, or by the corporation, filed after the filing of its return; but a request under this pro- vision shall not extend the period of limitation otherwise applicable. (2) This subsection (D) will not apply in the case of a corporation unless: (a) Such request notifies the director that the corporation contemplates dissolution al or before the expiration of such eighteen-month period. (b) The dissolution is begun in good faith before the expiration of such eighteen-month period; and, (c) The dissolution is completed. (3) Upon the expiration of said eighteen-month period; without determination being rnade and notice and demand being issued, the personal representative or representatives of the decedent, and the direc- tors of the corporation no longer will be liable under the provisions of subsection (B) of this section. (Ord. No.3501, S 1; Ord. No.4335, $ 12, 4-lL-78; Ord. No. 4388, $ 1, 11-21-78; Ord. No. 4448, $ t, t0-2-79) Sec. 40-14. Yiolations-Evasion of collection or payment of tax-PenaIty. 1. It shall be a violation of this Code for any retailer, vendor, consumer, purchaser or any other person subject to the tax levied by the City of Boulder retail sales and use tax code to refuse to make any return provided to be made by this Code, or to make any false or fraudulent return, or any false statements in any return, or to fail or refuse to make payment to the director of finance and record of any taxes collected or due the city, or in any manner to evade the collection and payment of the tax, or any part thereof, imposed by this ordinance, or for any person or purchaser tofail or refuse to pay such tax or evade the payment thereof, or to aid or abet another in any attempt to evade the pay- ment of the tax imposed by this Code. Any corporation, partnership, association or person making a false return or Supp. No. 15, 7-1-80 846-7 a return containing a false statement shall have violated this Code and shall be subject to prosecution and the imposition of penalties as providea Uy law. Any person in violation of any section shall be subject to these same penalties. 2. Any person, corporation, partnership, associhtion- or person who shall'violate any of the provisions of this Code ihatt Ue guilty of a violation thereof and shall be punished by a fine not to exceed three hundred dollars ($300.00) or imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. 3. Each and every twenty-four (24) hours continuation of any violation shall ionstitute a distinet and separate offense. (Ord. No. 3501, S 1) $ 40.15 THE REVISED CODE OF THE CITY OF BOULDER S€c. 40-15. Limitations. L. G eneral li,mi,tations. (A) Except as provided in this section, the taxes for any period, together with the interest thereon and penal- ties with respect thereto, imposed by this code shall not be assessed, no;'credit taken, nor shall any notice of lien be filed, nor distraint warrant issued, nor suit for collection be instituted, nor any other action to col- lect the same be commenced, more than three (3) years after the date on which the tax was or is payable; nor shall any lien continue after such period, except for taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior to the expiration of such period, in which case such lien shall continue only for one year after the filing of notice thereof. In the case of a false or fraudu- lent return with intent to evade tax, the tax together with interest and penaities thereon, ffiay be assessed, or proceedings for the collection of such taxes may be begun at any time. (B) For purposes of this section, a tax return filed before the last day preseribed by law or by regulation promul- gated pursuant to law for the filing thereof, shall be considered as filed on such last day. (C) Where, before the expiration of the time prescribed in this section for the assessment of tax, both the director or his delegate and the taxpayer have consented in writing to any assessment after such time, the tax may be assessed at any time prior to the Supp. No. 15, 7-1-80 846-8 $ 45-201. $ 45-202. $ 45-203. ChaPter XLV IIOUSING CODE Article I. Housing Code Policy Definitions and Enforcement S 46-101. Declaration of policy and general provisions' S 45-102. Definitions. t aO-fOS. Inspections and authorization for effecting compliance' $ 46-104. Enforcement of the housing code. S 45-105. Offenses. $ AO-f.Oe. Designation of unfit dwellings and order requiring vacation' $ 45-107. Unlawful to deface placard. $ 45-108. Manager may record notice with clerk and recorder. Article II. Ilousing Code Minimum Standards Minimum standards for basic equipment and facilities. Minimum standards for light, ventilation and heating. General requirements relating to the safe and sanitary mainte- nance of parts of dwellings and dwelling units. Minimum space, use and location requirements. Occupant responsibilities. Owner and operator's responsibilities. Rooming houses. Plumbing. Plumbing fixtures and maintenance. Water supply and distribution. Heating and water heating facilities. Ventilation. Electrical requirements and lighting. Fly and insect screens. Floors, interior walls, ceilings, food preparation and food stor- age areas. Windows, doors and hatchways. Stairways. Floor protection. Safe maintenance of utilities and equipment. Basement and cellar space, Egress. Egress from rooming houses. Article III. Certificate of Compliance Definitions. Certificate of compliance required. Application for certificate. Issuance of certificate of compliance by manager. Failure to inspect. Exceptions Supp. No. 15, 7-1-80 s 45-204. $ 45-205. $ 45-206. s 45-207. $ 46-208. $ 45-209. $ 46-210. $ 45-211. s 45-212. $ 45-213. $ 45-214. $ 45-215. $ 45-216. $ 45-217. s 45-218. $ 45-219. s 45-220. s 45-221. s 45-222. s 45-301. s 45-302. $ 45-303. s 45-304. $ 45-305. $ 45-306. 874-15 $ 45-101 THE REVISED CODE OF THE CITY OF BOULDEB $ 45-iJo7. s 45-308. s 45-309. $ 45-310. $ 45-311. $ 45-312. $ 45-313. $ 45-314. $ 45-315. s 45-316. $ 45-317. $ 45-401. 5 45-402. $ 45-403. Reinspectiorl Rental property constructed after October 1, 1973. Expiration of certificate of compliance. Expiration of temporaly certificate of compliance. Application for rcnelr.'al of certificate of compliance. Transfer of orvncrship. Certificate of compliance inspection fees. Availability of cerLificate of compliance. Right of inspection of rental property not limited by certifi- cate of compliance. Appeals to the board of appeals. Opportunity of owner to correct violations prior to inspection. Article IY. Condominium Conversion Regulation Definitions. Limitation on sale of dwelling units for the purpose of con- version to condominium ownership. Contents of noticq Sec. 45-101. Declaration of policy and general provisions. (a) Declaration of Poli,cu. The city council declares the purpose of this chapter anC all provisions thereof is to pro- tect, preserve, and promote physical and mental health of the people, controi communicahle diseases by regulating pri- vately and publicly olvned dwellings and premises of samefor the purpose of sanitation and public health, and pro- tect the safety of the people and promote the general wel- fare by legislation which shall be applicable to all dwellings and premises used in whole or in part for purposes subject to this Code now in existence or hereafter constructed which: (1) Establishes minimum standards for basic equipment and facilities for light, ventilation, and heating, for safety from fire, for the use and location and amountof space for human occupancy, and for safe and sani- tary mainteilance; (2) Determines the responsibilities of owners, operators, and occupants of dwellings; and ARTICLE I" I{OUSNNG CODE POLXCY DEF'INITIONSAND ENFORCMMENT Supp. No. 15, 7-1-80 874-76 d-wellin-g unit struct-ure, and no officer or employee or agentthereof, shall transfer or contract to transfef ttiJ;fifihipof any of said dwelling units for the purpose ;i con;;"ti"gan -existing dwelling unit into a conciominium unit, *treresaid dwelling -unit is occupied by a tenant, except -io if,. iii",tenant ther,eof, r.rntil the lenant thereof aira tt'e housing- au-thorrty _of the City of Boulder have been given at leasf onehund-red lyentV (120) days prior written notice of said intent Ig sell said dwelling unit; provided, that if a tenant voluntar-rly vacates said dwelling unit within said one hundred twenty(120) day period, a transfer of tiile to said iirairiarii ""i1{ay tplre_-plaee immediately upon said vacation. The vacationo-r a dwelling unit subsequent to a rental increase or requesttherefor shall not be deemed to be a voluntary vacation. -tGa. No.4399, S 1, 1-16-Z9i Ord. No.4490, $ f, +if_g0t - '-- Sec. 45-403. Contents of Notice. The written notice of intention to sell a dwelling unit, as re-quired by section 45-402, shalr also contain tE"-']oiro*i"glanguage: HOUSING $ 45-403 "If your are over 62 or have a low totar household income,yo* mq{ be -qu-alified to receive assistance from the housingauthor_ilv of the City of Boulder to remain in vour aJart_ Tul,!: You, may notify the.housing authority witirin-S0i;vsor thrs notrce if you are interested in applying for assidt- 31c9, !he,hgusinq ^qythofii; !;;" b. Lo"tacti,a -at--[+izt*, by marl at Post Office -Box T_9_1, Boulder, Colorado 90806;or in-person in room 40g at l73ti Broadway, nouide",-Coio_rado." (Ord. No. 4490, S 1, 4-15-80) 874-46.1 Supp. No. 15, 7-1-80 $ 49-1. $ 4e-2. $ 4e-3. $ 49-4. $ 4e-5. s 49-6. (3) Income includes all and available to be used toindividual. Chapter XLIX TAX REFUND PROGRAM Intention of program. Definitions. Requirements for qualification. Amount to be refunded. Duties and authorizations of director of finance. Burden on claimant, audit and right to appeal. Sec. 49-1. Intention of program" _ There is enacted a tax refun4 program. It is the purpose ofthis program to make r.efunaj to- certain qualiiviriE-iow lgcome families and individuars so as to make i"o"""uq,iitatre9t !u-r_d"" placqd upon them by city p"opeiiv a"-a oinei iui"s.(Ord. No. 3974, S 1 (part) ) Sec. 49-2. Definitions. , For !hg. purpo;e of th-is chapter the following words andterms shall be defined as follows: ., (1) Famtly c.onsists of one or more other persons living inthe same household who pool their various sources of inc6meinto .o}e budget to achieve the effeci of;harintli" .6ri'"fproviding for support of the group. (2) Household includes all persons who occupy a group ofrooms or a single room which constitutes a houiiniunii. egroup _of- rooms or single room !q regarded as a hoGing-unitylen it is occupied as separate livirig qraitei*,-tf,rt-i.,-*te"the occupants do not Iive and eat with any other persons inthe structure, and when there is either: (A) Direct access from the outside of the building orthrough a common hall; or (B) complete kitchen facilities for the exclusive use of theoccupants. money received during the yearprovide support for the family or ^ q Iniliai.d,ual means all persons who are not members offamilies. (Ord. No. 3924, S 1 (part)) Sec. 49-3. Requirements for qualification. -Etglv person 4esiring to make claim for a tax refund mustsubmit to the city a written application theiefoa on-toim, Supp. No. 15, 7-1-80 874-t23 S 49-4 THE REVISED CODE OF THE CITY OF BOULDER to be provicled by the city, between -Japua-ry 1 and- April.15 of the'year folloiriring the year for which the refund is being made. the qualifications for refund include the following: (1) The person must be sixteen (16) or older and -hav-e a minimum residence in the city of six (6) months dur- ing the year for which the refund is being claimed; (2) The person can claim a refund only as- the m.ember who tontributed the greatest share of the family in- come and on behalf of the family of which he or she is a member unless he or she is an individual; provided, further, that a person sixty-five (65) or greater, or blind, witt tre entilled to a refund as set forth in section 49-4; (3) The person must be an individual or member of a' family, who occupied, for at least six (6) months of the year for which the refund is being claimed, property on which city property taxes were paid; (4) The person, as an individual, or the 'family, - must satisfy the income requirements as set forth in the schedule in section 49-2. (Ord. No. 3974, $ 1 (part) ; Ord. No. 4331, S 1, 3-14-78; Ord. No. 4406, S 2,2-20-79; Ord. No. 4476, $ 2, 2-19-80) Sec. 49-4. Amount to be refunded. If the appiicant meets the requirements to qualify for a refund, the city shall refund the amount as indicated by the table and as otherwise set forth by the terms of this section. Number of Persons i,n Familg Income Leoel Under $ 3,569 s3,569-$ 5,352 $5,353-$ 7,136 $7,137-$ 8,920 $8,921-$10,705 1 $35.35 30.00 21.10 -0--0- $47.30 41.85 33.60 21.10 8.50 3 $71.05 63.00 50.30 31.65 12.50 4 $94.60 83.90 67.30 41.95 16.70 5 or More $118.10 104.90 83.90 52.40 21.10 (1) Refund amounts for an individual, sixty-five (65) or greater, or blind, will be double those contained on the schedule. Where one (1) member of a family is sixty- five (65) or greater, or blind, then that member of the family shall be entitled to receive a refund directly based upon the income he or she contributes to the family income and as if he or she were an individual. Supp. No. 15, 7-1-80 874-724 Where all members of a family are sixty-five (65). org.reater,_ or blind, then those members of-a famiiv siralltrle and receive a refund double those contairied onthe schedule. (2) Where there has been less than full_year residency,the refund ap-pearing on the schedule-is" io-fu pro"rl"abased upon tlie actual length of occupanc" 15*parea !o^-o^nu^(_l)_y_eql (Ord. No. 8974, S r (paiti; O"a1\o. 491q, $ \ r-!-T_E_, ord- No. 40?1, g r, [i_26; oid: No. 419q, $ 7,2_t_5-7:U Qr{. No. 4331; g 2,'3_1.4_78'; Ora: i,r".4406, $ B,2-20-79; Ord. No. 4476,"5 S, Z_tg_'8b)---.'- sec. 49'5. Duties and authorizations of director of finance. - The director of finance is to administer the program estab-lished.in this.chapter. He or sfre iJ authoriret-6-il;p;; utorm ror. application for refund and adopt rules and iesula-rrons so long as the same are not inconsistent with the"nro_visions of this chapter., and audit ana cirect< iir"'uppri.rii5".. l-1y lglt abr apptication shail require the claimanC to verifyand .srgn the application under oath. (Ord. No. BgZ4, S ilpart) ) Sec. 49-6. Burden on claimant, audit and right to appeal. - The burden is on the craimant to estabrish that he or sheis entitled to a refund. The directoi of fina;;"-ilHilh;; ;"-thorized..to require reasonable supporting iirt""-rtirr. *,i.f,rnrormation to be uniformly required of all applicants.'upon 3u^dit, the director can require ari reasonabi" 'tffiTi* ura o"t"n""information necessary to satisfy one ttJi ih" ;hi--i.;rii,;. Should..any-claim be denied, the director shall state thereasons therefor in writing to'the claimant and indicate all 9.r thp portion of the ctaim being denied. ih; .iril;;l-Jnuffthen be entitled to appear, atong "wiitr the director, uJro-". Trr"city manager for an-appeil of t"he decision.--(OrJ. N".-5^gi+; S1 (part) ) TAX REFORM PROGRAM $ 49-6 874-t24.1 Supp. No. 15, 7-1-80 (hd. No. 4866 4366 4866 4876 4S8? 4388 4391 4896 4398 4899 4406 4412 4418 4427 4482 4439 5-16-?8 7-11-78 7-11-78 7-11-78 11- ?-78 tt-21-78 L2- 6-78 12-19-78 12-19-?8 1-16-79 2-20-79 4- 8-79 6- 1-79 6 6-79 6-19-79 6-19-79 1 1 2I 4 Lr2 I 1 1 1 1 2 1 1-5 CODE COMPARATIVE TABLE Date Sestion Disp06itiom ZZ-48(a)Rpld %t8 36_13 86-14(4) 86-16 g6-72,86_73 36-?6(4)Rpld 37-720L-87-1212 Added 8?-1201-37-1211 4-60 40-18(e) (A) (4) 37-7202 37-tz04Rpld 40-6(8) (8) 46_?.46_6 4e8(b) 46-11(b) 46-13(b) 46-79,46-20 4G23(a), (b) 4&26 46_28 46-401,45-402 40-10(11) (B) 4g_8,'49_4 g6-1,96-g% 36_48Bpld 36-68,86-60, 86-61 36-68-36-69.1 35-87, 35-102 35-107,26-108Bpld 36-109 3?-208 37-803-37-304, 87-816,3?_818 37-606(d), (f) 87-1004 e7_rL02 Ch.87, App. A(1)-(6), App.B Ch. 37, App. .4.(6) 26-2t(bl 35_43 Supp. No. 16,7-1-80 6 7 8 9, 10 11 t2 18 1 1 213 1 2 I 4 5 1 2 I 4 D 6 1 1 1 874*206 TIIE REVISED CODE OF THE CITY OF BOULDER 4437 4446 4448 4475 4476 7-10-79 9-18-79 70- 2-79 1- 5-80 2-19-80 Ord. No. 4480 4485 4488 4490 449t 4495 4498 4500 4501 4502 4503 4504 Date 2- 5-80 4-15-80 3- 4-80 4-15-80 4-15-80 6-20-80 5-20-80 6-23-80 6-23-80 6-23-80 6-23-80 7- 1-80 Section 1(a)-(d) (f), (g) 2(a) (b) (c) 3(a) (b) 4 o 6(a) Dispositioir 2-303 35-87 (b) (6) 40-13(5) (A) 37-203(a) 40-10(11) (B) 49-3,49-4 22-44-22-47 22-44-22-49 20-129(a) (16) 22-45 22-49,22-50 45-402,46-403 1-10 1-2 37-1305(II) (b) 37-1301(d) (1) 3?-1303 37-1305 37-1306(a), (c) 5-24 23-t 23-5 Ch. V, Art. II (Title),5-16 37-203(a) 37-203(b) 37-302(b) (1) 37-306(f) B7-Bt2(a) 37-504(a) (11) 37-506(g) (10) 37-603(b) 3?-803(f) 37-1002(b) (1) (b) (2)(i), (ii), (2)(b) 2(i), (ii) 37-1004(a) (3) 37-1102 (ge.1) Ch.37, APP. C 2l-14 22-t0t-22-7r5 22-t0l-22-LtI Ch.22 (Title) 21-10(b) (4) J 1 1 1 1 1 o 2 2 1 2 3 6 1 213 1 5(a) (b) 4 1(a) (b) (c) (d) J o 3 4 Rpld Rpld (b (a7 8 4506 4509 6- 3-80 7-10-80 874-206 Supp. No. 15, 7-1-80 Rpld (h(L 4611 46t2 Secti@Nq 2 1 CODE COMPAR.ATTVE TABTO Date 8- 1-80 7- 11-80 I)lspcltion 87-208(a) 87-1004(a) (3) 8?-1102(l) 87-1102(i.1) 37-208(a) 87-208(a) 1(a), (b) (c) (d) (1) (21 I 874*207 Supp. No. 16, 7-1-80 SUPPLEMENTAL CODE INDEX A ABANDONED, JUNKED OR WRECKED VEHICLES Abandonment of vehicles Procedure preceding impoundment .,... Bicycles, parking so as to indicate abandonment .... Parking. See: Bicycles ALARM SYSTEMS Police alarm systems. See that title ALCOHOLIC BEVERAGES Licenses Application fee ... Manager registartion fee ..... Massage parlors. See that title ANIMALS AND FOWL Animal excrement, removal Boulder Downtown Mall. See that title Dogs Premises of owner or keeper, defined Parks, recreation and open space . Parks, recreation and open space. See that title ANNEXATIONS Parkland acquisition and development fees .... Parks, recreatiou aad open space. See that title ASSEMBLIES Smoking prohibited Places and situatious euuuerated. See: Smoking Section 20.2t4 20.168(D) 8-13 3-14 4-20.L 4-50 22-101 et seq. 20-168(D) 20-168(C) 20-168(A) 22-44etaeq. B BICYCLES Parking Abandonment, parking so as to indicate Damaging living things or other property Exemption from provisions of article VII .. Obstructing traffic or the physically handicapped by improper parking .... .20-168(B) Safety hazards, parking so as to create . Z0-169(D) Riding bicycles at mall regulated Boulder Downtown Mall. See that title Speed regulations Minimum speed; impeding or blocking traffic ... . . 20-166 Supp. No. 16,7-1-80 976 SUPPLEMENTAL CODE INDEX BOULDEB DOWNTOWN MALL (Regulatiou of activi- tiee at) Auimals regulated Application of provisions Area comprising mall Bicycles regulated .... Commission Boulder downtown mall commission. See that title Dogs and other animals regulated Motor vehicles regulated . . .. . Parties subject to charge under provisions .... .... Projectiles (balls, boomerangs, bottles, darts, fris- bees, model ahplanes, rocks, etc.) Ualawful to cast, throw or ProPel . Skateboards, skates, coasters or similar devices pro- Section 2L-607 21-601 21-601 21-603 2-400 et seq. hibited 21-607 2L-604 2t-602 2L-606 21-605 2-400 2-402 2-40L 6-24 6-16 23-6 28-L 6-16 et seq. BOULDER DOWNTOWN MALL COMMISSION Created; membership; vacanciesl eompensation; etc. . Functions . .. .. Orgauization aud procedure ..... BOWLING ALLEYS Smoking prohibited Places and situation enumerated. See: Smoking BUII,DINGS Buililiug permits Energy conservation and insulation. See that title Zorritg, building permit limitation. See: Zoning Code Adopted Energy conservation and insulation code adopted .. Energy conservation and insulation. See that title Mechanical code adopted Plumbing code adopted .... Eaergy conservatioa and insulatiou ... See also that title c CANDIDATES Fiuancial disclosures. See that title CIGARETTES Smoking regulatetl. See: Smoking CONCEBTS Pa,rks, recreation and open space . Parks, recreation and opeu space. See that title Supp. No. 16,7-1-80, 976 22-101 et seq. SUPPLEMENTAL CODE INDEX CONDOMINIUMS Coudominium conversion. See: Eousing Code CONSERVATION Euergy couservatioa and insulation ......, See that title CONTRIBUTIONS Financial disclosures. See that title D DAMAGING PROPERTY OB LIYING TEINGS Bicycles, parking of ... Bicycles. See that title DEVELOPMENT Parkland acquisition and development fees ..... Parks, recreation aud opea space. See that title DISEASE CONTROL Massage parlors. See that title DISTURBING THE PEACE Parks, recreation and open gpace Parks, recreation and open space. See that title DOWNTOWN BOULDEB MALL COMMISSION Boulder downtown mall commission .. Boulder downtowa mall commission. See that title DRAINAGE PLAN Utility Charges and assessmentg Certification for collection E ELECTIONS Financial disclosures. See that title Inability to use voting machines due to physical iu- firmity Absentee voting in cases of . ... ELEVATORS Smoking prohibited Places aud situations enumerated. See: Smoking ENEBGY CONSEBVAfiON AND INSULATION Applications for building permits, requirement ... . . Category "A" standards .... Category "B" standards ..... Section 5-16 et seq. 20-168 22-44etaeq. 22-101 et seq. 2-400 et seq. 8-407 9-16 6-19 6-L7 6-18 977 Supp. No. 15,7-1-80 SUPPLEMENTAL CODE INDEX ENERGY CONSERVATION AND INSULATION_ Cont'd. Certification, certificates of oecupancy Code Adopted General requirements and inspections .......... Inspeetions ...... F rALSE ALARMS Police alarm systems. See: Police Alarm Systems FEES Deliuquent fees .. FINANCIAL DISCLOSURES (candidates, public officials and political committees) Contents of financial disclosure . Definitions .. Enforcement and penalty Filing Generally Preservation of statement, public inspection '..... Notice of disclosure requirements Statement of candidacy or organization ..... Statement of contributions and expenditures Violations, penalties F'IRE DEPARTMENT Water used for fire fighting training Charges for. See: Water FIRE PBOTECTION Parks, tecreation aud open space Parks, recreation and open space. See that title FIREARMS AND WEAPONS. Parks, recreation and open space Parks, tecreation and open space. See that title FIREWORKS, Parks, recreation and open space . Parks, recreation and open space. See that title FLOOD CONTROL Drainage plan . . Drainage plan. See that title Floodplain regulations. See: Zoning Section 5-20 6-16 5-19 6-19 1-10 21-405 2t-40t 2L-406 2t-403 21-405 2L-406 2L-402 2t-404 2t-406 22-101 et seq. 22-101 et seq. 22-101 et seq. Supp. No. 15,7-1-80 978 8-101 et seq. SUPPLEMENTAL CODE INDEX G GARBAGE, TRASE AND REFUSE Certification Charges and assessments, of Procedure for certit'ication for collection Refuse Storage and accumulation of Noncompliance with notice to remove; procedure Zoning; trash storage. See: Zouing E IIANDICAPPED PERSONS Bicycles, parking so as to obstruct Parking. See: Bicycles HTSTORIC PRESERVATION CODE Certificates of appropriateness Applications for Disapproval Appeals to and call ups by city council Resubmissioa and reconsideration following . .. Filing; information required; etc. . . Proceedings on by landmarks board generally .... Review by planning department Standards for review of ,... fssuance following hearing Required City council Certificates of appropriateness. See within this title that subject Conclusions and findings generally Designation of landmarks and historic districts. See within this title that subject Compliance with maintenance requirements . Conclusions and findings of Iandmarks board or council Conformity and permits . Section 14-301 74-L6 20-168 61-406 67-407 61-403 6t-405 6L-404 61-408 61-407 61-401 Declaration of policy and purpose .... Definitions Designation of landmarks and historic districts Amendment of designations .. . Application fees .. Authorized . . . City council 61-502 51-504 6L-502 61-401 et seq. 6L-102 61-103 61-307 61-308 61-301 Disapproved proposals by Resubmission and reconsideration of ...,...,.. E1-806 Proceedings by generally 61-B06 Supp. No. 15, 7-1-80 979 SUPPLEMENTAL CODE INDEX EISTORIC PRESERVATION CODE-Cont'd. Disapproved proposals by landmarks board Appeals and call ups of Resubmission and reconsideration ..... Initiation of . ....... Public hearings Before landmarks boards Landmarks preservation advisory board Certificates of appropriateness. See within this title that subject Chairman, electiou of .. ;t;;;: Section 51-304 51-306 61-302 61-303 6t-202(al 67-602 61-202(bt 61-201 61-605 6L-202(cl 6t-202(a) 61-604 6r-402 61-401 61-501 61-102 61-506 61-101 Conclusions and findings generally ..... Designation of land marks and historic See within this title that subject Meetings Organization Recognition of structures of merit Becords, keeping Rules and regulations, atloption of Maintenance requirements Compliance with . Permits Applications, reviewing Required hovisions Applicability Declaration of policy and purpose ... ' Enforcement and penalties Title Structures of merit Recognition of .... Unsafe or dangerous conilitions Yiolations Enforcement aad penalties .... "... EOUSING CODE Condominium conversion IMPROVEMENTS Local improvements. See that title Supp. No. 15, 7-1-80 61-505 61-503 Definitions Notice to tenant of intent to convert; sale ....... ' Contents of ... Sale of dwelling units for conversion to condominium ownership Limitationon.... 51-606 45-401 46-402 46-403 46-402 I 980 SUPPLEMENTAL CODE INDEX INSULATION Energy couservation and insulation . ... See also that title J JUNK Secondhand and junk dealers. See that title L LICENSES AND PEBMITS Eistoric preservation code. See: Eistoric Preseryatioa Code Police alarm systems. See: Police Alarm Systems IOCAL IMPROVEMENTS Assessments Installment and deferred payment regulations .... Districts Property addition Exclusion; procedure, effect M MAT,LS Boulder Downtown MalI. See that title Boulder downtown mall commission .... Boulder dowatowu mall commission. See that title MASSAGE PABLORS Alcoholic beverages ou preuises . . . Change in premises Disease control Medical exa-inations, ete. . . Disinfecting and sterilizing instruments used in giviug massage Employees Identification card Bequireuents for . Eot and cold running water required . ... Identificatioa card fgsuance to applicant licensee, employee, etc. ..... Legislative intent . Licenses Application Building plans and evidence of legal possession Accompanying application . . .. .. Application of article 16-148 Chaage in officers, directors, partaers or stockholders 16-161 Section 5-16 et seq. l7-26 46-28 2-400 et seq. 16-164 16-152 1er47(B) 16-146(E) 16-150 L6-L47 16-146(F), 16-150 16-140 (K) 16-146 981 Supp. No. 16,7-1-80 SUPPLEMENTAL CODE INDEX MASSAGE PARLORS-Cont'd. Contents of application . ... Deadline for Fee Identification card issued to applicant, licensee, etc. Issuance Minimum requirements prerequisite to issuance Petitions against issuance Bequirements for operator and employees Prerequisites to issuance Renewal Revocation Failure to meet requirements Licensing authority Created; powers, duties; membership; etc. ... . ' .. Lighting requirements Linens and towels Closed cabinets for storage of clean linen Providing clean and sanitary towels or linens ... Male and female patroas Separate facilities provided for ... Medical examinations for employees . Officers, directors, partners, etc. Change in .... Operator Requirements for Petitions against license issuance Bequirements for operator and employees Signs identifying premises .... . Toilet facilities, showers, pools, steam rooms, etc. Clean and sanitary condition required Separate facilities for male and female patrons . .. Towels. See wtihin this title: Linens and Towels Ventilation requirements Washbasin required .... Zotio,g regulations MECEANTCAL CODE Adopted trIOBILE IIOMES AND MOBIIJ HOME PABKS Flood hazard reduction Floodplain regulations. See: Zoning MOTION PICTUBES Smoking prohibitetl Places and situations enumerated. See: Smoking Section L6-L44 t6-742 L6-142 16-143 16-146 16-163 L6-147 16-149 16-146 1G141 16-146(C) 16-146(G) 16-146(J) 16-146(E) 16-147(B) 16-151 76-L47 16-153 16-L4:7 16-146(B) 16-146(r) 16-146(E) 16-146(D) 16-146(K) 1&146(A) 28-6 Supp. No. 15, ?-1-80 982 SUPPI,EMENTAL CODE INDEX MOTOR VEHICLES AND OTEER VEEICLES Abandoned, junked or wrecked vehicles. See that title Motor vehicles at mall regulated Boulder downtown mall. See that title Recreational vehicles Zoning regulations. See: Zoning Sound levels, excessive Vehicular sound . Traffic regulations. See: lhaffic NOISE Excessive sound levels prohibited P PARKS, RECREAfiON AND OPEN SPACE Animals and fowl Dogs running at large Elorses and livestock \Mild life protection; research projects Applieability Concerts Permit required for Disturbing the peace Dogs running at Iarge Employees, city, interference with Firearms and weapons Fires Fireworks Garbage, trash and refuse Prohibited places for refuse Elorses and livestock fnterference with park patrol officer or city employ- ees Park patrol officer Power to stop; interference with officer . . Parkland aequisition and development feeg Annexation of lands to city Secdoa 2L-L4(bl 2t-14 22-Lt6 22-t12 22-t07 22-t0t 22-Lt6 22-110 22-tt6 22-Lt4 22-105 22-105 22-L04 22-709 22-L12 22-\t4 22-tt6 22-44 Petitions for 22-49 Construction of dwelling units .22-46 Cost-of-living recomputation 22-47 Fees for acquistion and developneut ...22-46 Certification of for collection 22-60'Waiver of 22-48 Property, damaging 22-t06 Research projects 22-107 Rules and regulations 22-102 Other prohibited conduct ......22-LL3 Supp. No, 16, ?-1-80 983 SUPPLEIIENTAI/ CODE INDEX PABKS, RECREATION AND OPEN SPACE-Cout'd. Section Traffic Motor vehicle regulations .. Trespass Violation; penalty .... Weapons Wild life protection; research proiects PEBSONAL PROPERIY Lost, abandoned and recovered stolen personal proP erty. See: Police PLUIIBINC Code adoptcd POLICE Personal property (lost, abandoned and recovered stolen personal property) Custodian of Duties . ... Dispositiou of ... Finder Rights and obligations Eolding as evidence . fuvestigation into osaership Motor vehicles Disposition of .... Notification of owner of . ... Procedure for sale .... POLICE ALARM SYSTEMS Direct alarms ........,.. Falge alarms Charges for ...' Collection of ... Definitiong fntentioaal Inspections, right of Peruits Required; application Besponsibilities of permittee .......... Bdvocatioa Termination of connection upotr .... . Purpose of provisious Responsibilities of peruittee ' . .. . ' Rules and regu.latious Promulgation by finaaee direetor Termination of connection' Bequired upon revocation of permit Supp. No. 15, 7-1-80 984 22-LLL 22-L08 22-tL7 22-L08 22-L07 zg-L 26-t7 26-22 26-18 26-24 26-19 26-20 26-27 26-25 26-25 26-38 26-84 26-28 26-30 26-36 26-81 26-82 26-87 26-87 26-27 26-82 26-56 26-88 SUPPI,EMENTAL CODE INDEX POLICE ALARM SYSTEMS-Cont'd. Violations General penalty authorization ... POLICE, FIRE PENSION FUND Escalation of pensions Fire personnel, for Poliee personnel, for Fire widows fuud Police widows fund POLITICAL COMMITTEES Financial disclosures. See that title POOL HALLS, BILLLIARD PARLORS Smoking prohibited Places and situations enumerated. See: Smoking PROJECTILES (Balls, bottles, darts, frisbees, etc.) Boulder downtown mall, throwing projectiles in Boulder downtowa mall. See that title PUBLIC OFFICIALS Financial disclosures. See that title B BECREATIONAL VEIIICLES Parking, storage, etc. See: Zouing RESTAURANTS Smoking prohibited Places and situations enumerated. See: SmoHng s SECONDIIAND AND JUNK DEALERS Goods not to be removed from premises for one week SEWERS Water and Bewers Water and sewers. See that title SIGNS AND BILLBOARDS Massage parlors. See that title No smoking sigus, postiug. See: Smoking SKATEBOABDS, SKATES, ETC. Boulder Downtown Mall. See that title SMOKING (Tobacco products) Section 25-89 2-306 2-506 2-308 2-807 30-9 86-1 et seq. 2t-200Definitions 985 Supp. No. 16,7-1-80 SUPPLEMENTAL CODE INDEX SKATEBOABDS, SKATES, ETC.-Cont'd. Exemptions from provisions Certain property and areas No smoking signs Posting Smoking prohibited Places and situations enumerated . .. , , Posting signs . Smoking segregated Violations, penalty SOUND Excessive sound levels prohibited STORM DRAINAGE Drainage plan Drainage plau. See that title SfREETS AND SIDEWALKS Certifieation of charges and assessments for collec- tion Procedure for ... Charges and assessments Certification for collection, procedure for .,,..... Construction of sidewalks Building permit issuance Sidewalk required prior to Eneroachments aad obstructions Permit or lease required Bemoval by city; costs; duty of owner to pay . .. ' . Snow Shoveling or clearing sidewalks by city Liability of owner for costs SUBDIVISIONS Flood hazard reduction Floodplain regulations, See: Zoning T TEEATEBS Smoking prohibited TOBACCO PBODUCTS Smoking regulated. See: Smoking TOILET FACILITIES Massage parlors. See that title TBAFFIC Abandoned, junked or wrecked vehicles. See that title Abandonment of bicycles Parking. See: Bicycles Supp. No. 16, 7-1-80 Section 21-206 2L-203 21-20L 2L-205 2L-202 2L-204 2L-14 8-101 et seq. 2L-28.L 31-28.1 31-36 81-7 81-10 31-18 986 20-168 SUPPLEMENTAL CODE INDEX TBAFFIC-Cout'd. Bicycles Bicycles. See that title Boulder Downtown Mall Bicycles, motor vehicles regulated at Boulder downtowa mall. See that title Impoundment Abandoned, junked or wrecked vehicles. See that title Violations. See withiu this title that subject Parking, stopping and standing Bicycles parking of .... Bicycles. See that title Parking on property of another (private or public property) Consent required; regulations; prohibited acts .... Parking ticketg Failure to respond .... Generally Bequired response to Police officers Authority to move vehieles in violation, obstruct- ing traffic, etc. .. Parks, recreation and open space Parks, recreation and open space. See that title Tlrrning uovements Turn regulation sigas Obedience to . ... . U-turas Definitions; Iimitation of under certain circum- gtances Violations Impoundment of vehicles Authority; disposition of impounded vehicles . .. . Parking tickets. See wtihin this title: parking, Stopping and Stauding TBASE Garbage, trash and refuse . Garbage, arash and refuse. See that title TBEES, PLANTS AND SERUBS Certification of charges and assessments for collection Charges and assessments Certification for collection ..... Dead or dangerous trees, removal of ...,.... fested materials . . Removal of dead or dangerous trees or infected or in- Section 20-160 et seq. 20-168 20-1S0.1 20-199 20-198 20-198.1 20-L32 22-101 et seq. 20-98 20-99 20-204 14-1 et seq. B4-24 s4-24 34-10 3l-10 987 Supp. No. 16, 7-1-80 SUPPIJMENTAL CODE INDEX v VENTILAfiON Massage parlors. See that title w WATER AND SEWEBS Charges, rates and assessments Certification of charges and assessments for collec- tion .. Sewers and gewag:e disposal Permits Application . ... . Section 36-2.1 36-73 36-14.1 35-69.1 36-4 35-61.2 35-37 37-318 87-1304 87-1808 37-t902 87-1003 37-1006 37-1307 87-1306 37-1308 87-1301 37-1306 37-1306 B7-1308 37-1806 Water Water Use Water and ditch rigbts . ..... . plan investment fee of mouies reeeived from supply aud distribution Administration, management and enforcement Charges, rates and assesgments Fire fightiug training Cha"rges for water used for Meters Size requirements . . z ZONING Bars Parking for ... Building permit limitation Allocatioa Information required for application Number approved Required Buildings generally. See: Buililings Call-up on decisions of planning boaril Conditions on aPProval ..... Construction of Provisions Definitions Merit system approval Bights on aasignment . . .. Severability of Provisious Termination Buildings Eeight exceptions Applications for Procedure Reviewing .... Supp. No. 16,7-1-80 988 SUPPLEMENTAL CODE INDEX ZONING-Cont'd. Minimum usable open space and floor area ratio requirements Floodplain regulations Administrator Designated; responsibilities and duties . Applicability Definitions Enforcement and penalties . .. . .. Existing structures aud uses ..... Flood hazard reduction Alignment of structures Construction materials and methods Elevatioa requirements for flood protection ...,. Mobile homes Tie down and anchoring requirements ... . . . . . Subdivision proposals Utilities Purpose Violations; penalty Group eare facilities and residential institutions .... Limited Iiving unit Flood regulatory area ..... Flood storage district Permitted uses; standards and conditions of use 37-1208 Floodway district Other uses, permits for . . .. . . .B7-7207 s7-7206 37-1217 a7-120L g7-L210 B7-303.2 37-803.1 Permitted uses; standards aud conditions of use Nonliability of city Lot area reduction, App.B to Ch. XXXVI Massage parlors. See that title Nonconforming uses buildinss and lots Buildings Intent Lots . Section 37-1004 3?-1204(b) 37-7204(a) 37-1202 e7-1210 87-1205 37-1209(D) s7-120e(B) 3?-1209(F) 27-120e(L) 37-1209(E) 37-120e(C) 37-1203 37-803 87-801 3?-804 37-802Useg . Parking design standards, App. A to Ch. XXXVII Recreational vehicles, etc. Parking, storing and using Restaurant and bar parking Trash storage 37-316 37-318 36-317 989 Supp. No. 15, ?-1-80