8409 - AMENDING, TITLE 9, “LAND USE CODE,” AND SECTION 2-3-12, “BOARD OF ZONING ADJUSTMENT AND BUILDING APPEALS,” B.R.C. 1981, TO CLEAN UP AND CLARIFY THE LAND USE CODE AND RELATED CODE SECTIONS; AND SETTING FORTH RELATED DETAILS Intro 9/15/20, 2nd ReadiK:\PLCU\o-8409 Land Use Code Cleanups & Clarifications-.docx
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ORDINANCE 8409
AN ORDINANCE AMENDING, TITLE 9, “LAND USE CODE,”
AND SECTION 2-3-12, “BOARD OF ZONING ADJUSTMENT
AND BUILDING APPEALS,” B.R.C. 1981, TO CLEAN UP AND
CLARIFY THE LAND USE CODE AND RELATED CODE
SECTIONS; AND SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981, is amended as
follows:
(a) Purpose: This section identifies those standards that can be varied by either the city manager
or the Board of Zoning Adjustment (BOZA). Some standards can be varied by the city
manager through an aAdministrative Review process, others by BOZA by another level of
aAdministrative Review. The city manager may defer any administrative decision pursuant to
this section to BOZA. This section also identifies which city manager interpretations of this
title may be appealed to BOZA and establishes a process for such appeals.
(b) Interpretations: The city manager may decide questions of interpretation and application of
the regulations of this title as a ministerial function. Interpretations made by the city manager
of Chapters 9-6, "Use Standards," 9-7, "Form and Bulk Standards," and 9-8, "Intensity
Standards," B.R.C. 1981, may be appealed to the BOZA by filing an application in compliance
with this section.
(1) Planning Board Call-Up: A member of the planning board may call-up any interpretation
Attachment A - Draft Ordinance 8409
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of the BOZA through the procedures of Section 9-4-4, "Appeals, Call-Ups, and Public
Hearings," B.R.C. 1981. The planning board may consider the record, or any portion
thereof, of the hearing before the BOZA in its consideration of the matter.
(2) City Council Call-Up: The city council may call-up for review any interpretation of the
BOZA upon which the planning board has acted pursuant to the procedures of Section 9-
4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981. The council may consider
the record, or any portion thereof, of the hearing before the planning board in its
consideration of the matter.
……
(d) Board of Zoning Adjustment (BOZA): The BOZA may grant variances from the requirements
of:
(1) Setback, separation and bulk plane requirements listed in Section 9-7-1, "Schedule of
Form and Bulk Standards," B.R.C. 1981, and standards referred to in that section;
(2) The building coverage requirements of Section 9-7-11, "Maximum Building Coverage,"
and chapter 9-10, "Nonconformance Standards," B.R.C. 1981;
(3) The spacing setback and separation requirements for mobile homes of Section 9-7-13,
"Mobile Home Park Form and Bulk Standards," B.R.C. 1981;
(4) The porch setback and size requirements of Section 9-7-4, "Setback Encroachments for
Front Porches," B.R.C. 1981;
(5) The side yard wall articulation standards of Section 9-7-10, "Side Yard Wall Articulation
Standards," B.R.C. 1981;
(6) The size requirements for accessory units of Subsection 9-6-43(a), B.R.C. 1981;
Attachment A - Draft Ordinance 8409
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(7) The total cumulative building coverage requirements for accessory buildings of Section
9-7-8, "Accessory Buildings in Residential Zones," B.R.C. 1981;
(8) The use of a mobile home for nonresidential purposes subject to the requirements of
Subsection 10-12-6(b), B.R.C. 1981;
(9) The parking requirements of Subsection 9-9-6(d), B.R.C. 1981, with regards to parking
in landscaped front yard setbacks; and
(10) Sign code variances and appeals The sign standards of Section 9-9-21, “Signs,” B.R.C.
1981, as permitted by Subsection 9-9-21(s), B.R.C. 1981.
In granting any variance, the board may attach such reasonable conditions and safeguards as
it deems necessary to implement the purposes of this title.
(e) Application Requirements: A person having an interest in the property for which the variance
is requested or a person having an interest in an interpretation by the city manager of Section
9-6-1, "Schedule of Permitted Land Uses," or 9-7-1, "Schedule of Form and Bulk Standards,"
B.R.C. 1981, Chapters 9-6, “Use Standards,” 9-7, “Form and Bulk Standards,” and 9-8,
“Intensity Standards,” B.R.C. 1981, may file an application on a form provided by the city
manager that shall include, without limitation, the following, but the manager may waive
particular application requirements if not required for review of the interpretation at issue:
…….
(i)Floor Area Variances for Accessory Units: The BOZA may grant a variance to the
maximum floor area allowed for an attached accessory dwelling unit or for a detached
accessory dwelling unit under Subsection 9-6-43(a), B.R.C. 1981, only if it finds that
the application satisfies all of the following applicable requirements of either
Attachment A - Draft Ordinance 8409
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subparagraph (i)(1) or (i)(2):
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Section 2. Section 2-3-12, “Board of Zoning Adjustment and Building Appeals,” B.R.C.
1981, is amended as follows:
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(b) The board's functions are to:
(1) Review and decide at the request of any interested person, any question of interpretation
by the city manager of Chapters 9-6,-1, "Schedule of Permitted Land Uses," “Use
Standards,”or 9-7-1, "Schedule of Form and Bulk Standards," and 9-8, “Intensity
Standards,” B.R.C. 1981;
(2) Hear and decide to grant or deny applications for variances from the setback requirements
of Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, and the size and
parking setback requirements for accessory dwelling units of subparagraph 9-6-
3(a)(2)(B), B.R.C. 1981;
(43) Hear and decide applications for exceptions under the solar access ordinance, Section
9-9-17, "Solar Access," B.R.C. 1981;
(54) Hear and decide appeals of orders from the city manager under the sign code, Section
9-9-21, "Signs," B.R.C. 1981;
(75) Sit as the Board of Building Appeals pursuant to Section 2-3-4, "Board of Building
Appeals," B.R.C. 1981; and
(86) Hear and decide such other matters as the city council may by ordinance provide.
…..
Attachment A - Draft Ordinance 8409
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Section 3. Section 9-2-1, “Types of Reviews,” B.R.C 1981, is amended as follows:
(a) Purpose: This section identifies the numerous types of administrative and development review
processes and procedures. The review process for each of the major review types is
summarized in Table 2-1 of this section.
(b) Summary Chart:
TABLE 2-1: REVIEW PROCESSES SUMMARY CHART
I. ADMINISTRATIVE
REVIEWS
II. ADMINISTRATIVE
REVIEWS -
CONDITIONAL USES as noted
in Table 6-1, “Use Table”
III. DEVELOPMENT
REVIEW AND BOARD
ACTION
Administrative form-based
code review Affordable
housing design review
pursuant to Section 9-13-4,
B.R.C. 1981
Building permits
Change of address
Change of street name
Demolition, moving, and
removal of buildings with no
historic or architectural
significance, per Section 9-
11-23, "Review of Permits for
Demolition, On-Site
Relocation, and Off-Site
Relocation of Buildings Not
Designated," B.R.C. 1981
Easement vacation
Extension of development
approval/staff level
Landmark alteration
Accessory Units (Dwelling,
Owners, Limited)
Wireless Communications
Facilities
Attached Dwelling Units and
Efficiency Living Units in the
University Hill General
Improvement District
Bed and Breakfasts
Cooperative Housing Units
Daycare Centers
Detached Dwelling Units with
Two Kitchens
Drive-Thru Uses
Fuel Service Stations
Group Home Facilities
Home Occupations
Annexation/initial zoning
BOZA variances
Concept plans
Demolition, moving, and
removal of buildings with
potential historic or
architectural significance,
per Section 9-11-23,
"Review of Permits for
Demolition, On-Site
Relocation, and Off-Site
Relocation of Buildings Not
Designated," B.R.C. 1981
Form-based code review
Landmark alteration
certificates other than those
that may be approved by
staff per Section 9-11-14,
"Staff Review of
Application for Landmark
Alteration Certificate,"
B.R.C. 1981
Attachment A - Draft Ordinance 8409
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certificates (staff review per
Section 9-11-14, "Staff
Review of Application for
Landmark Alteration
Certificate," B.R.C. 1981)
Landscape standards variance
Minor modification to
approved site plan
Minor modification to
approved form-based code
review
Noise barriers along major
streets per Paragraph9-9-
15(c)(7), B.R.C. 1981
Nonconforming use
(extension, change of use
(incl. parking))
Parking deferral per
Subsection 9-9-6(e), B.R.C.
1981
Parking reduction of up to
fifty percent per Subsection 9-
9-6(f), B.R.C. 1981
Parking reductions and
modifications for bicycle
parking per Paragraph 9-9-
6(g)(6), B.R.C. 1981
Parking stall variances
Public utility
Rescission of development
approval
Revocable permit
Industrial Service Center
Manufacturing Uses with Off-Site
Impacts
Medical or Dental Clinics or
Offices or Addiction Recovery
Facilities in the Industrial General
Zoning District near the Boulder
Community Health Foothills
Campus
Neighborhood Service Centers
Offices, Computer Design and
Development, Data Processing,
Telecommunications, Medical or
Dental Clinics and Offices, or
Addiction Recovery Facilities in
the Service Commercial Zoning
Districts
Offices, Computer Design and
Development Facilities, Medical
or Dental Clinics and Offices,
Addiction Recovery Facilities,
and Medical and Dental
Laboratories in the BMS, BR and
BT Zoning Districts, Not within
the University Hill General
Improvement District, if the total
Floor Area of such Uses on the
Lot or Parcel Exceeds 20,000
square feet
Recycling Facilities
Residential Care, Custodial Care,
and Congregate Care Facilities
Residential Development in
Industrial Zoning Districts
Residential Uses in the MU-3
Zoning District Fronting Pearl
Street
Lot line adjustments
Lot line elimination
Minor Subdivisions
Out of city utility permit
Rezoning
Site review
Subdivisions
Use review
Vacations of street, alley, or
access easement
Attachment A - Draft Ordinance 8409
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Right-of-way lease
Setback variance
Restaurants, Brewpubs, and
Taverns
Sales or Rental of Vehicles on
Lots Located 500 Feet or Less
from a Residential Zoning District
Service Stations
Site access variance
Solar exception
Zoning verification
Shelters (Day, Emergency,
Overnight, temporary)
Temporary Sales
Transitional Housing
Certain Uses in BC Areas
designated in Appendix N
Section 4. Section 9-2-14, “Site Review,” B.R.C 1981, is amended as follows:
……
(c) Modifications to Development Standards: The following development standards of B.R.C.
1981 may be modified under the site review process set forth in this section:
……
(2) 9-8-1, "Schedule of Intensity Standards," table 8-1, minimum lot area (in square feet
unless otherwise noted), minimum lot area per dwelling unit, minimum open space per
dwelling unit, minimum open space on lots, and the floor area ratio standards to permit
the averaging of these lot area, open space, floor area, and density standards, as
applicable, across multiple lots that are subject to the site review and within the same
zoning district. Averaged across these lots, the standards modified under this paragraph
Attachment A - Draft Ordinance 8409
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must be met and not result in an intensity or density greater than permitted by the zoning
district, multiple building sites within a zoning district.
……
(k) Minor Modifications to Approved Site Plans: Changes to the site plan, building plans, and
landscaping plans may be approved by the city manager without an amendment to the site
plan if such changes are minor. All minor modifications shall be noted, signed, and dated on
the approved site plan. For proposed minor modifications of site review projects that are
partially or totally developed, the applicant shall provide notice to any owners of property
within the development that might be affected, as determined by the manager. In determining
whether a proposed change is a minor modification, the following standards shall apply:
(1) Setbacks on the perimeter of a development along the boundary of the site plan area
cannot be varied reduced by a minor modification to be less than the minimum setbacks
permitted by the underlying zoning district;
(2) Excepting any site plan approval consisting of detached dwelling units on individual lots
where no maximum floor area ratio applies,The the floor area of the development,
including principal and accessory buildings, may be expanded by the cumulative total of
no more than the greater of ten percent or two hundred square feet or, in the case of a
building that exceeds the permitted height, no more than five percent, except that the
portion of any building over thirty-five feet in height may not be expanded under the
provisions of this paragraph. However, the floor area or FAR shall not exceed the
maximum floor area or FAR of a zoning district or granted in the site review approval, if
such amount requires special approval through the site review process;
Attachment A - Draft Ordinance 8409
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(3) Approved cCommercial and industrial building envelopes locations may be moved or
expanded by no more than the greater of ten feet, or ten percent of the length of the
building, measured along the building's axis in the direction that the building is being
moved or expanded;
(4) Approved pPrincipal and accessory buildings not within an approved building envelope
locations may be moved or expanded or moved by no more than ten feet in any direction
within the development in residential districts and lots abutting residential districts. The
resulting setbacks shall not be less than the minimum allowed setback of the underlying
zone;
……
(8) Solar panels that are proposed to be mounted on a building’s roof may not substantially
add to the mass or perceived height of the building and shall be consistent with Sections
9-7-7, “Building Height, Conditional,” and 9-9-7, “Solar Access,” B.R.C 1981. Solar
panels proposed to be ground mounted may not result in a building coverage greater than
permitted by the zone and shall not result in open space less than required by Chapter 9-
8, “Intensity Standards, “ B.R.C.1981, and;
(8)9 No change may alter the basic intent of the site plan approval.
(l) Minor Amendments to Approved Site Plans:
(1) Standards: Changes to approved building location or additions to existing buildings,
which exceed the limits of a minor modification, may be considered through the minor
amendment process if the following standards are met:
……
Attachment A - Draft Ordinance 8409
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(D) The total open space per dwelling unit in the development is not reduced by more
than ten percent of that required the amount specified on the approved site plan and
is not reduced to less than the minimum required for the zone; or
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Section 5. Section 9-6-1, “Schedule of Permitted Land Uses,” B.R.C 1981, is amended as
follows:
……
(d) Use Table:
TABLE 6-1: USE TABLE
RESIDENTIAL USES:
Zoning
District
RR-
1,
RR-
2,
RE,
RL-
1
RL-
2,
RM-
2
RM-
1,
RM-
3
RMX-
1
RMX-
2
RH-
1,
RH-
2,
RH-
4,
RH-
5
RH-
3,
RH-
7
RH-
6 MH MU-
3
MU-
1
MU-
2
MU-
4
BT-
1,
BT-
2
BMS
BC-
1,
BC-
2
BCS
BR-
1,
BR-
2
DT-
4
DT-
5
DT-
1,
DT-
2,
DT-
3
IS-
1,
IS-
2
IG IM IMS P A
Use
Modules R1 R2 R3 R4 R5 R6 R7 R8 MH M1 M2 M3 M4 B1 B2 B3 B4 B5 D1 D2 D3 I1 I2 I3 I4 P A Additional
References
……
DINING AND ENTERTAINMENT USES:
DINING AND ENTERTAINMENT USES:
Breweries, distilleries or wineries * * * * * * * * * * * * * * * * * * * * * L 8 L 7 L 7 L 9 * * 9-6-6(b)(3.5) (4)
……
COMMERCIAL, RETAIL AND INDUSTRIAL USES:
Zoning
District
RR-
1,
RR-
2,
RE,
RL-
2,
RM-
2
RM-
1,
RM-
3
RMX-
1
RMX-
2
RH-
1,
RH-
2,
RH-
4,
RH-
3,
RH-
7
RH-
6 MH MU-
3
MU-
1
MU-
2
MU-
4
BT-
1,
BT-
2
BMS
BC-
1,
BC-
2
BCS
BR-
1,
BR-
2
DT-
4
DT-
5
DT-
1,
DT-
2,
IS-
1,
IS-
2
IG IM IMS P A
Attachment A - Draft Ordinance 8409
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RL-
1
RH-
5
DT-
3
COMMERCIAL, RETAIL AND INDUSTRIAL USES:
Retail Sales Uses:
Accessory
sales * * * * * A A * * C A C A C A C A C A C A C A C A C A C A C A C A C
A
C
A
C
A C A C
A * 9-16
Retail Fuel
Sales (not
including
service
stations)
* U U U * U U * * U U U C U C C U C * U U C C * U * * 9-6-
10(d)
Vehicle-Related Uses:
Fuel service
stations or
retail fuel
sales
* * * * * * * * * * * * U U U C CU C * U UC C C * U * * 9-6-
10(d)
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Section 6. Section 9-6-2, “Limited Use Standards- General,” B.R.C 1981, is amended as
follows:
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TABLE 6-3 USE LIMITATIONS
Use Limitations, per Table 6-1, "Use Table"
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Allowed by right for 15,000 square feet or less of floor area per use and without a restaurant. If
the use exceeds 15,000 square feet in floor area, the use may be approved pursuant to a
conditional use review if it meets the criteria of Paragraph 9-6-6(b)(3.5)(4), B.R.C. 1981.
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Allowed by right for 15,000 square feet or less of floor area per use and without a restaurant. If
the use is less than or equal to 15,000 square feet in floor area and has a restaurant, the use may
be approved pursuant to a conditional use review if it meets the criteria of Paragraph 9-6-
6(b)(3.5)(4), B.R.C. 1981. If the use exceeds 15,000 square feet in floor area, it requires use
review.
Attachment A - Draft Ordinance 8409
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Allowed by right for 15,000 square feet or less of floor area per use and without a restaurant. If
the use is less than or equal to 15,000 square feet in floor area and has a restaurant, the use may
be approved pursuant to a conditional use review if it meets the criteria of Paragraph 9-6-
6(b)(3.5)(4), B.R.C. 1981. The use is prohibited to exceed 15,000 square feet.
……
Section 7. Section 9-9-6, “Parking Standards,” B.R.C 1981, is amended as follows:
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(b) Off-Street Parking Requirements:
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(4) Use Specific Motor Vehicle Parking Requirements for Nonresidential Uses:
TABLE 9-4: USE SPECIFIC MOTOR VEHICLE PARKING REQUIREMENTS FOR
NONRESIDENTIAL USES IN ALL ZONES
Use Parking Requirement
Gasoline Fuel service station General ratio for the use zone plus storage of 2 vehicles per service bay
……
Section 8. Section 9-16-1, “General Definitions,” B.R.C 1981, is amended as follows:
……
Accessory sales means incidental retail sales in a nonresidential zone where retail sales are not
otherwise permitted where. Ssales do not exceeding fifteen percent (twenty-five percent in an IS
zone) of the gross floor area of the principal use and are permitted if the products sold are
Attachment A - Draft Ordinance 8409
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directly related to the principal use. Examples, art work sold at an artist's studio, convenience
goods in a hotel or motel, health care products sold by a healing arts practitioner, or a factory
outlet store selling products manufactured on the site.
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Atrium means an opening through at least one floor level of a building, excluding detached
dwelling units, that is enclosed on all sides and by the roof or upper floors of the building, but
excluding a stairway, elevator, or other space for mechanical equipment.
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Building coverage means the maximum horizontal area within the outer perimeter of the building
walls, dividers, or columns at ground level or above, whichever is the greater area, including,
without limitation, breezeways, courts, and exterior stairways, but excluding:
……
(4) Up to one hundred fifty square feet of additional porch area not located in the front yard
for a single-family detached residence; and
(5) One accessory building, no larger than eighty square feet in size and no taller than ten
feet in height, associated with a single-family detached residence; and.
(6) Up to thirty inches of a roof or a breezeway overhang.
Building envelope means that area on a lot on which a structure can be erected consistent with
existing setback requirements that is defined by the setback lines applicable to that lot consistent
with the underlying zoning district, or as modified pursuant to a variance, a site review, or prior
city approval. (See Figure 16-2 of this section.)
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Attachment A - Draft Ordinance 8409
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_________________________________________________
Figure 16-2: Building Envelope (General)
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Carport means a single-story covered building for the shelter of vehicles that is not enclosed on
more than two sides.
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Drive-thru means any use that is not a gasoline fuel service station, which by design, physical
facilities, services, or operating procedures permits persons to receive services or obtain goods
while remaining in their motor vehicles.
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Attachment A - Draft Ordinance 8409
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Fully shielded from view means that the light emitted by a light fixture is not visible from
adjacent streets and properties.
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Gasoline Fuel service station means a use providing fuel sales, vehicle repair, service, and
maintenance, and where no more than fifteen percent of the floor area is used for the sale of
convenience and variety goods.
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Height means the vertical distance from the lowest point within twenty-five horizontal feet of the
tallest side of the structure to the uppermost point of the roof or structure. The lowest point shall
be calculated using the natural grade. The tallest side shall be that side whose lowest exposed
exterior point is lower in elevation than the lowest exposed exterior point of any other side of the
building.
……
Setback, landscaped means the minimum distance in linear feet measured on a horizontal plane
between the outer perimeter of a structure, above and below grade, and its lot lines a required
setback that is intended to be used exclusively for landscaping purposes.
…….
Taproom means a use associated with and on the same premises as a brewery, including any
outdoor seating areas, at which where guests may sample the manufacturer's products and
consume other nonalcoholic beverages.
Tasting room means a use associated with and on the same premises as a winery or distillery,
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Attachment A - Draft Ordinance 8409
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including any outdoor seating areas, at which where guests may sample the manufacturer's
products and consume other nonalcoholic beverages.
……
Section 9: Appendix A: Major Streets, to the land Use Code, is hereby replaced with
Exhibit A to this ordinance, Appendix A: Major Streets.
Section 10. Section 9-6-4, “Conditional Use and Use Review Standards- Residential
Uses,” B.R.C 1981, is amended as follows:
…..
(d) Home Occupations:
……
(3) Identification and Contact Information. No person shall engage in a home occupation
unless such person has filed an affidavit with the city manager affirming compliance with
the standards of this subsection, including identification and contact information of the
person operating the home occupation. No administrative review pursuant to Section 9-
2-2, “Administrative Review Procedures,” B.R.C. 1981, is required.
(3)(4) Prohibitions: No person shall engage in a home occupation except in conformance
with all of the requirements of Paragraph (d)(1) of this section, except as provided
in Paragraph (d)(2) of this section.
……
(f) Residential Development in Industrial Zoning Districts: The following standards and criteria
apply to any residential development including attached or detached dwelling units, custodial
care units, residential care units, congregate care units, boarding and rooming houses,
cooperative housing units, fraternities, sororities, dormitories and hostels proposed to be
Attachment A - Draft Ordinance 8409
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constructed in the IG or the IM zoning district classifications:
(1) Application Requirements: An applicant for a dwelling unit in an IG or IM zoning district
shall apply on forms provided by the city manager showing how and in what manner the
standards and criteria of this subsection have been met. In addition to any information
required by Sections 9-2-2, "Administrative Review Procedures," and 9-2-15, "Use
Review," B.R.C. 1981, the applicant shall provide the following information:
……
(B) Contiguity Map: A map that demonstrates that the proposed residential development
meets the contiguity requirements of Paragraph (g)(f)(2) of this section.
Section 11. Section 9-6-5, “Conditional Use and Use Review Standards - Agricultural
and Natural Resource Uses,” B.R.C 1981, is amended as follows:
(a)Community Gardens: The following criteria apply to community garden uses:
……
(8) Setbacks. Structures accessory to the community garden use, such as accessory storage
or utility buildings, gazebos, trellises, or accessory greenhouse structures, and activity
areas exclusive of garden plots, shall comply with all applicable principal structure form
and bulk standards in the applicable zone district per Chapter 9-7, "Form and Bulk
Standards," B.R.C. 1981. No person shall construct a garden trellis that exceeds eight
feet in height within any setback on the property.
(9) Identification and C/contact iInformation. The community garden shall post the site with
a clearly visible sign near the public right-of-way that includes the name and contact
information of the garden manager or coordinator. The contact information for the garden
Attachment A - Draft Ordinance 8409
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manager or coordinator shall be kept on file with the planning department. No person
shall establish the use until the community garden operator or coordinator has executed
and filed an affidavit with the city manager confirming compliance of the use with the
standards of this subsection. A sign shall be posted clearly visible from the public right-
of-way that includes the name and contact information of the garden manager or
coordinator. No administrative review pursuant to Section 9-2-2, “Administrative Review
Procedures,” B.R.C 1981, is required.
Section 12. Section 9-6-6, “Conditional Use and Use Review Standards- Temporary
Lodging, Dining, Entertainment, and Cultural Uses,” B.R.C 1981, is amended as follows:
……
(b) Restaurants, Brewpubs, and Taverns: The intent of this subsection is to ensure that restaurant,
brewpub, and tavern owners and operators in close proximity to residential districts are
informed of the effects upon neighboring residential properties of operating a business, and
are educated about ways to mitigate, reduce, or eliminate potential impacts of a restaurant or
tavern operation upon neighboring properties.
The applicant shall include all areas inside the restaurant measured to the inside surface of
the outside walls, except for floor area that is used exclusively for storage that is located on
another floor of the building, when determining whether the floor area thresholds under
Section 9-6-1, "Schedule of Permitted Land Uses," B.R.C. 1981, necessitate review under
this subsection.
……
Attachment A - Draft Ordinance 8409
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(3.5)(4) Restaurants in Breweries, Distilleries, and Wineries: The following criteria will
apply to any restaurant use located in a brewery, distillery, or winery in an industrial
district:
(A) The restaurant shall be limited to a maximum size of thirty percent of the
total floor area of the facility, or one thousand square feet, whichever is
greater, including any outdoor seating areas or accessory sales areas;
……
(4)(5) Restaurants, Brewpubs, and Taverns With Outdoor Seating Within 500 Feet of a
Residential Use Module: The following criteria apply to any outdoor seating area
that is within 500 feet (measured from the perimeter of the subject property) of a
residential use module. Outdoor dining areas that are within the BMS, DT, and I
zoning districts are also subject to the provisions of Subparagraph (b)(4)(A),
(b)(4)(B), or (b)(4)(C) of this section, when applicable.
……
Section 13. Section 9-6-10, “Conditional Use and Use Review Standards – Commercial,
Retail and Industrial Uses,” B.R.C 1981, is amended as follows:
…..
(b)Automobile Parking Garages: The following criteria shall apply to any automobile parking
garage as a principal use on a lot that is over 20,000 square feet in a DT-1, DT-2, DT-3, or
DT-5 zoning district:
……
(7) Varied Modified Through Site Review: The provisions in paragraphs (b)(2), (b)(4), (b)(5)
and (b)(6) of this section may be varied modified as part of a site review pursuant to
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section 9-2-14, "Site Review," B.R.C. 1981, if the approving authority finds that the
design of the structure provides other features that mitigate the adverse effects of the
building on the street and on pedestrians.
…..
(d)Fuel Service Stations or Retail Fuel Sales: The following criteria apply to any fuel service
station or retail fuel sales in a business or industrial district. A fuel service station use shall
comply with paragraphs (d)(1) through (d)(8) of this section. Retail fFuel sales uses shall
comply with all standards except paragraphs (d)(2) and (d)(6) of this section:
……
(9) Retail fFuel sales in industrial zones shall only be permitted in association with a
convenience retail store pursuant to subsection 9-6-3(g)4(f), B.R.C. 1981.
……
Section 14. Section 9-7-1, “Schedule of Form and Bulk Standards,” B.R.C 1981, is
amended as follows:
The purpose of this chapter is to indicate the requirements for lot dimensions and building form,
bulk, location and height for all types of development. All primary and accessory structures are
subject to the dimensional standards set forth in Table 7-1 of this section with the exception of
structures located in an area designated in Appendix L, "Form-Based Code Areas," subject to
the standards of Appendix M, "Form-Based Code." No person shall use any land within the City
authorized by Chapter 9-6, "Use Standards," B.R.C. 1981, except according to the following form
and bulk requirements unless modified through a use review under Section 9-2-15, "Use Review,"
B.R.C. 1981, or a site review under Section 9-2-14, "Site Review," B.R.C. 1981, or granted a
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Attachment A - Draft Ordinance 8409
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variance under Section 9-2-3, "Variances and Interpretations," B.R.C. 1981, or as approved under
the provisions of Section 9-2-16, "Form-based code review," B.R.C. 1981.
TABLE 7-1: FORM AND BULK STANDARDS
Zoning District
A
RR-
1
RR-
2
RE
RH-
2
RH-
5
P
RL-1
RM-2
RMX-
1
BT-
2
BT-
1
BC
BR
IS-1
IS-2
IG
IM
RL-
2
RM-
1
RH-4 MU-
1
RM-3
RH-1
RH-6
RMX-2 RH-3
RH-7 BCS MU-3 BMS
MU-4
DT-
1
DT-
2
DT-
3
DT-
5
DT-
4
MU-
2
IMS
MH
Form module a b c d e f g h i j k l m n o p q r s
SETBACK AND SEPARATION REQUIREMENTS(n)
Principal Buildings and Uses (n)
Minimum side
yard landscaped
setback from a
street (a)
25' 12.5' (k) 15' 10'
1' per 2'
of bldg.
height,
10' min.
(i)
0' or
5' (b)
1' per 2'
of bldg.
height,
10' min.
(i)
0' (attached
DUs); 1' per
2' of bldg.
height, 5'
min.
(detached
DUs) (i)
1' per 2'
of bldg.
height,
10' min.
(i)
10'
0' for first and
second stories
12' for third
story and
above
0'
(k) 0' 0' n/a
Minimum side
yard setback
from an interior
lot line
15' 10' 5' 10'
0'
or
12'
1' per 2' of
bldg. height, 5'
min. (i)
0' or
5' (b) 0' or 3'
0' (attached
DUs); 1' per
2' of bldg.
height, 5'
min.
(detached
DUs) (i)
1' per 3'
of bldg.
height,
5' min
(i)
0' or
12'
0' or
5' 0' or 5' 0' or
12'
0' or
12'
0' or
5'
See
section
9-7-13
Minimum front
yard setback
from a street for
all principal
buildings and
uses for third
story and above
n/a n/a n/a n/a 20' 15'
(m) 15' 20' 20'
Accessory Buildings and Uses(n)
Minimum side
yard landscaped
setback from a
street (a)
25' 12.5' (k) 15' 10'
1' per 2'
of bldg.
height,
10' min.
(i)
0' or
5'(b)
1' per 2'
of bldg.
height,
10' min.
(i)
0' (attached
DUs); 1' per
2' of bldg.
height, 5'
min.
(detached
DUs) (i)
1' per 2'
of bldg.
height,
10' min.
(i)
10' 0' 0'
(k) 0' 0' n/a
Minimum
separation
between
accessory
buildings and
6' 6' 6' 6' 6' 6'
Attachment A - Draft Ordinance 8409
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any other
building
Footnotes to Table 7-1, Form and Bulk Standards:
In addition to the foregoing, the following miscellaneous form and bulk requirements apply to all
development in the city:
……
(m) For setback requirements on corner lots in the DT-5 zoning district, refer to Subsection 9-7-
6(c), B.R.C 1981.For nonstandard buildings or structures, refer to Subparagraph 9-10-
3(a)(1)(B), B.R.C. 1981.
…….
Section 15. Section 9-7-2, “Setback Standards,” B.R.C 1981, is amended as follows:
(a)Front Yard Setback Reductions: The front yard setback required in section 9-7-1, "Schedule
of Form and Bulk Standards," B.R.C. 1981, may be reduced for a principal
structure on any lot if more than fifty percent of the principal buildings on the same block face
or street face do not meet the required front yard setback. The setback for the adjacent
buildings and other buildings on the block face shall be measured from the property line to
the bulk of the building, excluding, without limitation, any unenclosed porches, decks, patios
or steps. The bulk of the building setback shall not be less than the average bulk of the building
setback for the two adjacent structures principal buildings on the two adjacent lots. Where
there is only one adjacent lot, tThe front yard setback may be reduced reduction shall be based
onto the average of the principal building setbacks onof the two closest two buildings lots on
the same block face. (See Figure 7-1 of this section.)
Attachment A - Draft Ordinance 8409
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_______________________________________________
Figure 7-1: Setback Averaging Example
In this example, lots "B" through "F" are the face block. Lot "A" is not included in the face
block, as the front of this lot is on a different street. Setback averaging is measured to the bulk of
the buildings and does not include porches (marked "P").
Assuming this block is zoned RL-1, the minimum required front yard setback would be twenty-
five feet. The block face shown would qualify for setback averaging, as more than fifty percent of
the principal buildings do not meet the required front yard setback. An addition to the front of lot
"E" would require the averaging of the setbacks of lots "D" and "F", the two closest buildings on
the same block face. In this example the resulting setback would be 20 feet - the average of lot
"D" (fifteen feet) and lot "F" (twenty-five feet). An addition to the front of lot "F" would be based
on the average of the two closest buildings on the same lot block face; in this case, lots "D" and
"E."
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Attachment A - Draft Ordinance 8409
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(b) Side Yard Setback Standards:
(1) Setbacks for Upper Floors in Non-Residential Zoning Districts: A principal building
constructed with a side yard setback of zero for the first story above grade in the BC-2,
BR-1, DT-1, DT-2, DT-3, DT-4, DT-5, IS-1, IG or IM zoning districts, where the side
yard setback is noted as "0 or 12," will be allowed to set back stories above the first story
that is at or above the finished grade the greater of five feet or the distance required by
chapter 10-5, "Building Code," B.R.C. 1981.
……
Figure 7-2: Combined Side Yard Setbacks
Attachment A - Draft Ordinance 8409
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Example: In the RL-1 district, the combination of side yard setbacks must be no less
than fifteen feet, with a minimum of five feet. Both existing structures and additions
(hatched) are included in the calculation.
……
(d) Garages, Carports, Open Parking Areas, and Flagpoles, and Detached Garages and Carports:
Garages, detached carports, oOpen parking areas, and flagpoles, and detached garages and
carports may be located in compliance with either the required principal building setbacks or
accessory building setbacks.
(e) Swimming Pools, Spas, and Hot Tubs: Swimming pools, spas, and hot tubs shall be located
according to the applicable accessory structure setbacks on a lot except that pools, spas, or hot
tubs may be located in compliance with the required front yard principal building setback.
Section 16. Section 9-7-3, “Setback Encroachments”, B.R.C 1981 is amended as
follows:
No structure or building shall be constructed or maintained in the required setback except for:
(a) A balcony, patio, or deck less than thirty inches in height and railings affixed thereto no taller
than the minimum railing height required by the building code;
(b) A stairway less than thirty inches in height and stairway railings affixed thereto no taller than
the minimum railing height required by the building code;
(c) An fireplace or chimney encroachment of no more than thirty inches into the setback by a
fireplace, if the width of such fireplace or chimney does not exceed seventy inches in the
setback;
(d) A maximum of thirty inches of roof overhang;
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(e) One arbor or trellis as an accessory structure not exceeding eight feet in height, six feet in
width, and three feet in depth in a landscaped setback adjacent to a street. Such arbor or trellis
may be attached to a fence.
(e)(f) Insubstantial encroachments, including, without limitation, electric meters, cable television
or phone utility boxes, wires, conduits, wall mounted light fixtures, air conditioner
compressors, windows or doors that may swing into a setback when open, radio or
television antennae, small architectural details, bicycle racks or bicycle rental stations; or
(f)(g) The outer four feet of completely open, uncovered, cantilevered balconies that have a
minimum of eight feet vertical clearance below, which may project into any required yard
except an interior side yard of less than ten feet in width. A balcony may be placed above
another balcony if the railings along the exterior boundaries of all such balconies are not
more than fifty percent opaque, the railings do not exceed forty-two inches in height, and
there are no horizontal connections of any kind between balconies except the wall from
which the balconies are cantilevered.
Section 17. Section 9-7-4, “Setback Encroachments for Front Porches,” B.R.C 1981, is
amended as follows:
…..
(c) Setback Encroachments for Porches: No person shall construct a front porch that encroaches
into a front yard or a side yard adjacent to a street unless the front porch meets the following
design standards:
(1) Maximum Encroachment Into Setbacks: For a structure that otherwise meets the front
yard setback standards, no porch shall encroach more than eight feet beyond into the
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required front yard setback. For a structure that does not meet the front yard setback
requirements no porch shall extend more than six feet beyond the bulk of the building.
The bulk of the building includes the structure, but excludes unenclosed porches, decks,
patios, steps or similar features. In no case, shall the resulting setback from the property
line to the porch be less than fifty percent of the required setback of the underlying zoning
district;
……
(3) Depth of Porch: The minimum depth of the porch shall not be less than five feet and the
maximum depth of the porch shall not exceed eight feet;
…..
Section 18. Section 9-7-5, “Building Height,” B.R.C 1981, is amended as follows:
(a) Permitted Height: The height permitted without review within the City is set forth in sSection
9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, except as provided in paragraph
(ab)(2) of this section. Buildings greater than the permitted height may be approved under
sSection 9-2-14, "Site Review," B.R.C. 1981.
(b) Measurement of Height: Height shall be measured as the vertical distance from the lowest
point within twenty-five horizontal feet of the tallest side of the structure to the uppermost
point of the roof or structure. The lowest point shall be calculated using the natural grade. The
tallest side shall be that side whose lowest exposed exterior point is lower in elevation than
the lowest exposed exterior point of any other side of the building (see Figure 7-3
Measurement of Height).
Attachment A - Draft Ordinance 8409
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(1) Modifications to Natural Grade: The height of a building is determined as described in
the definition of "height" in chapter 9-16, "Definitions," B.R.C. 1981. (See Figure 7-3 of
this section.) If there is evidence that a modification to the natural grade has occurred
since the adoption of Charter section 84, "Height limit." B.R.C. 1981, on November 2,
1971, the city manager can consider the best available information to determine the
natural grade. This may include, without limitation, interpolating what the existing grade
may have been using the grade along property lines, topographic information on file with
the City, or other information that may be presented to the city manager.
Attachment A - Draft Ordinance 8409
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Figure 7-3: Building Height (Twenty Degree Slope or Less) Measurement of Height
(2) Slopes Greater Than Twenty Degrees: On a slope measured within the building envelope
created by the required setbacks from property lines that is greater than twenty degrees
(36.4 percent slope), the building height may not exceed twenty-five feet measured
perpendicular from the natural grade below. (See Figure 7-4 of this section.) However,
under no circumstances shall a structure exceed fifty-five feet as measured under charter
section 84 except as provided for poles in Ssection 9-2-14, "Site Review," B.R.C. 1981.
The slope percentage shall be calculated by measuring the difference between the high
point and the low point within the building envelope and dividing it by the distance
between the high and low points.
Attachment A - Draft Ordinance 8409
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Figure 7-4: Building Height on a Slope Greater than (Twenty Degrees Slope)
(bc) Nonconformity to Fifty-Five-Foot Limit: No addition to that portion of the building
exceeding the current fifty-five foot height limitation is allowed for structures erected at a
height conforming to the height limitations applicable at the time of their erection which
are now nonconforming as to height. Appurtenances which meet the requirements of
section Section 9-7-7, "Building Height, Appurtenances," B.R.C. 1981, may exceed the
fifty-five-foot height limit.
(cd) Nonconformity to Permitted Height: There shall be no increase in the highest point or the
floor area of buildings greater than the permitted height but less than fifty-five feet in
height, unless approved under section Section 9-2-14, "Site Review," B.R.C. 1981.
Attachment A - Draft Ordinance 8409
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(de) Height Calculations for Attached Buildings:
(1) The following shall be considered separate buildings for the purposes of calculating
building height:
(A) Buildings that are connected only below grade. (sSee Figure 7-5 of this section).
(B) Separate abutting buildings that may have an internal connection. (sSee Figure 7-6
of this section.).
(C) Buildings built to the common property line that may have an internal connection.
(sSee Figure 7-6 of this section).
(D) Buildings attached by an at-grade open or enclosed connection not more than fifteen
feet high or and twelve feet widedeep. (sSee Figure 79-7 of this section).
(2) Separate buildings in compliance with paragraph (d)(1) of this section, and which exceed
the maximum permitted height allowed by section Section 9-7-1, "Schedule of Form and
Bulk Standards," B.R.C. 1981, may be considered by the planning board pursuant to
section Section 9-2-14, "Site Review," B.R.C. 1981.
Attachment A - Draft Ordinance 8409
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Figure 7-5: Below Grade Connection
Figure 7-6: Internal Connection
Attachment A - Draft Ordinance 8409
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Figure 7-7: Pedestrian or Breezeway At-Grade Open or Enclosed Connection
Section 19. Section 9-7-6, “Building Height, Conditional,” B.R.C 1981, is amended as
follows:
…..
(b) BC, BR, IS, IG, and IM District Review Criteria: For the purposes of this subsection, adjacent
properties are properties which directly abut the subject property or are located directly across
a right-of-way that is less than eighty feet wide from the subject property. In the BC-1, BC-2,
BR-1, BR-2, IG, IM, IS-1, and IS-2 zoning districts, principal building height may be
increased by up to five feet in excess of the maximum height set forth in Section 9-7-1,
"Schedule of Form and Bulk Standards," B.R.C. 1981, if:
(1) The property is not adjacent to any residential district. For the purposes of this paragraph,
adjacent properties are properties which directly abut the property or are located directly
across a right-of-way that is less than eighty feet wide; and
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19
20
21
22
23
24
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(2) The property is not adjacent to any property designated for low, medium, or high density
residential uses in the Boulder Valley Comprehensive Plan. Adjacent properties are
properties which directly abut the property or are located directly across a right-of-way
that is less than eighty feet wide.
…..
Section 20. Section 9-7-7, “Building Height, Appurtenances,” B.R.C 1981, is amended
as follows:
……
(c)Rooftop Solar Systems: Rooftop solar systems shall comply with the requirements of this
subsection:
……
(4) If a proposed rooftop solar system is located on a building subject to an approved
planned unit development or site review, the application shall meet the standards
of this section and the changes to the approved plans shall be reviewed under the
standards of Section 9-2-14, “Site Review”, B.R.C. 1981, except that a review
under the standards of Section 9-2-14, B.R.C. 1981, is not required for flush-
mounted rooftop solar systems. For the purposes of this paragraph, flush-mounted
means installed directly to the roof in a manner where the solar system is parallel
to the roof pitch at no more than eight inches in height above the surface of the roof.
Section 21. Section 9-7-8, “Accessory Buildings in Residential Zones,” B.R.C 1981, is
amended as follows:
……
Attachment A - Draft Ordinance 8409
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(b) Connections Between a Dwelling Unit and an Accessory Building Located Within the
Principal Building Envelope: In a residential zoning district, a single-family detached dwelling
unit may be connected to an accessory building by a breezeway that is built in compliance with
the principal building setback standards set forth in this chapter, or the principal building
setback standards in place at the time of its construction, if the breezeway meets the following
standards:
(1) The sides of the breezeway shall be completely open except for structural support
columns and the walls of the garage/carport accessory structure and the dwelling unit to
which it is attached.
……
(c) Breezeway Connections Between Accessory and Principal Buildings: In a residential zoning
district, a single-family detached dwelling unit may be connected to an accessory building
which is located partially or entirely within principal building rear yard setback by a
breezeway if the breezeway meets the following standards:
……
(8) A breezeway shall be classified as may be building coverage pursuant to Section 9-16-1,
“General Definitions, B.R.C. 1981 and for purposes of calculating the required open
space for the dwelling unit subject to Section 9-7-11,”Maximum Building Coverage,”
B.R.C 1981.
Attachment A - Draft Ordinance 8409
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Figure 7-8: Breezeway
Section 22. Section 9-7-9, “Side Yard Bulk Plane,” B.R.C 1981, is amended as follows:
……
(d) Encroachments: No building or portion thereof shall be constructed or maintained beyond the
required bulk plane except as provided for below:
……
(5) Dormers (see Figure 7-13), provided that:
(A) The highest point of any dormer is at or below the height of the primary roof ridge.
(B) The portion of any dormer that extends beyond the bulk plane limit does not exceed
has a maximum width of eight feet, including any roof overhang, and does not extend
beyond the bulk plane more than six feet, measured as shown in Figure 7-13.
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(C) The maximum height of any dormer is six feet or less, as measured from the surface
of the roof on which it is located to the top of the dormer roof.
(D)(C) The combined width of all dormers encroaching beyond the bulk plane does
not exceed fifty percent of the length of the roof on which they are located.
(E)(D) The space between dormers is not less than one-half the width of the
adjacent dormer or the average of the two if they are different sizes,
whichever is greater.
______________________________________________
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__________________________________________________
Figure 7-13: Dormer Encroachment into beyond the Side Yard Bulk Plane
A dormer may project through the side yard bulk plane by up to six feet. A dormer that projects
through the side yard bulk plane may be no more than eight feet wide.
……
Section 23. Section 9-7-10, “Side Yard Wall Articulation” B.R.C 1981, is amended as
follows:
……
(c) Side Yard Wall Standards: Within twenty feet of each side yard property line Along each side
yard property line, the cumulative length of any walls that exceed a height of fourteen feet
shall not exceed forty feet in length, unless they are set back at least fourteen feet from the
side property line. (Ssee Figure 7-14.). The remaining walls on each side yard property line
shall meet the following standards:
(1) Any portion of the wall that exceeds a height of fourteen feet shall be set back at least fourteen
feet from the side property line or the wall shall not exceed fourteen feet height.
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(2) For the purposes of this section, wall height shall be measured from finished grade as follows:
(A) Sloped roofs shall be measured from adjacent finished grade to the point where the
vertical wall intersects with the sloped roof.
(B) Flat roofs shall be measured from adjacent finished grade to the top of the parapet.
(C) Window wells or door wells as described under subparagraph 9-8-2(e)(1)(D) shall not
be counted as part of the wall height.
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Figure 7-14: Side Yard Wall Length Articulation Examples
At After the maximum 40 feet cumulative wall length, the wall must either be set back from the side
property line by a minimum of fourteen feet (top image) or the height of the wall must reduce to fourteen
feet or less (bottom image).
……
Section 24. Section 9-7-11, “Maximum Building Coverage,” B.R.C 1981, is amended as
follows:
……
TABLE 7-2: MAXIMUM BUILDING COVERAGE FOR RESIDENTIAL LAND USES
Lot Size: < 5,000 SF 5,000 to 10,000 SF 10,001 to 22,500 SF > 22,500 SF
RR-1, RR-2, RE, RL-1, RL-2
and RMX-1
Lot Size x
0.41
(Lot Size x 0.2) +
1,050
(Lot Size x 0.116) +
1,890
Lot Size xX
0.20
…….
Attachment A - Draft Ordinance 8409
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Section 25. Section 9-7-13, “Mobile Home Park Form and Bulk Standards,” B.R.C 1981,
is amended as follows:
No person shall establish or maintain a mobile home park or mobile home on a lot within a
mobile home park except in accordance with the following standards:
(a)Mobile Home Park Form and Bulk Summary Table: Development within a mobile home
park in the MH zoning district shall comply with the standards shown in table 7-2 and
illustrated in Figure 7-15 of this section.
TABLE 7-2: MOBILE HOME PARK DESIGN STANDARDS (MH DISTRICT)
……
Setbacks and Separation
(A)Minimum front setback from exterior perimeter property
lines of the mobile home park -
MH zone
RL-2, RM-1, RM-3, RH-1 and RH-4 zones
Minimum front setback -
RM-2 and RH-5 zones
MH, RL-2, RM-1, RM-3,
RH-1 and RH-4 zones:
20 feet
RM-2 and RH-5 zones:
25 feet
(B)Minimum side to side separation 15 feet
(C)Minimum end to end separation 10 feet
(D)Minimum distance from tongue to any adjacent sidewalk or
pedestrian walkway 2 feet
(E)Minimum setback from private drive or internal public a
street (from edge of street pavement)10 feet
Accessory Buildings (10-12, B.R.C.)
Maximum size of storage buildings 150 square feet
Attachment A - Draft Ordinance 8409
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Minimum setback from adjacent mobile homes to all accessory
buildings and structures 10 feet
Minimum separation between mobile home and its accessory
building (on the same mobile home lot pad site) 6 feet
Figure 7-15: Mobile Home Park Setback & Separation Standards
The mMinimum setback from the exterior perimeter property lines of the mobile home park to
the boundary of the mobile home park depends on the zoning district. All other setback
requirements apply in all mobile home parks. The required setback from a private drive or
internal public street is measured from the edge of street pavement. The required tongue setback
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is measured to the edge of the sidewalk or pedestrian walkway. See Table 7-2 for corresponding
setbacks and separation standards.
……
(e) Setbacks From Boundary Lines: All mobile homes in RM-2 and RH-5 zoning districts shall
be located at least twenty five feet from the boundary lines of the mobile home park. All
mobile homes located in RL-2, RM-1, RM-3, MH, RH-1 and RH-4 zoning districts shall be
located at least twenty feet from the boundary of the mobile home park.
(f)(e) Reduction Modification of Setbacks From the Exterior Perimeter Property Boundary Lines
of the Mobile Home Park: Mobile home setback distances along mobile home park
boundary exterior perimeter property lines adjacent to other lots may be reduced modified
to ten feet as part of a site review or use review approval if the mobile home park owner
demonstrates that there is a need for such reductions modifications and that no detrimental
effect will result to uses on adjoining properties or to residents of the mobile home park.
(g)(f) Obstructions Prohibited: No mobile home or portion thereof shall overhang or obstruct any
driveway, access road or walkway.
(h)(g) Screening: All mobile home parks adjacent to other residential uses, commercial uses or
industrial uses shall be provided with screening, such as opaque fencing or landscaping,
along the property boundary lines separating the mobile home park from such adjacent
land uses.
Section 26. Section 9-8-1, “Schedule of Intensity Standards,” B.R.C 1981, is amended as
follows:
…..
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TABLE 8-1: INTENSITY STANDARDS
Zonin
g
Distri
ct
Intensit
y
Module
Minimu
m Lot
Area (in
square
feet
unless
otherwis
e noted)
Minimu
m Lot
Area
Per
Dwelling
Unit
(square
feet)(c)
Numbe
r of
Dwellin
g Units
Per
Acre(c)
Minimum
Open
Space Per
Dwelling
Unit
(square
feet)(c)
Minimum
Open
Space on
Lots
(Residenti
al Uses)(c)
Minimum
Open Space
on Lots
(Nonresidenti
al Uses)(a), (c)
Minimum
Private
Open
Space
(Residenti
al Uses)
(square
feet)(c) Maximu
m Floor
Area
Ratio(c) Mixed -use developments require the greater amount
of the residential or nonresidential standard for open
space. See Section 9-9-11 for additional open space
requirements. For mixed use developments, use the
requirements of either the residential or
nonresidential standards that result in the greatest
amount of open space
A 1 5 acres 5 acres 0.2
0
-
-
10 - 20%
10-20%
0
-
0
-
RR-1,
RR-2 2 30,000 30,000 1.4
0
-
-
10 - 20%
10-20%
0
-
See
Table 8-3
RE 3 15,000 15,000 2.9
0
-
-
10 - 20%
10-20%
0
-
See
Table 8-3
RL-1 4 7,000 7,000 6.2
0
-
-
10 - 20%
10-20%
0
-
See
Table 8-3
P 5 7,000 7,000 6.2
0
-
-
10 - 20%
10-20%
0
-
0
-
RL-2 6
0
-
0
-
- 6,000 -
10 - 20%
10-20%
0 See
Table 8-3
RMX-
1 7 6,000 6,000 7.3 600 -
10 - 20%
10-20%
0
-
See
Table 8-3
RMX-
2 8 0 0 10 (up
to 20 by
0 15% 15% 60 0
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- - site
review)
- -
RM-1 9
0
-
0
- 3,000 -
10 - 20%
10-20%
0
-
0
-
IS-2 10
0
-
0
-
- 600 -
10 - 20%
10-20%
60 0.5:1
IS-1 11 7,000
0
-
-
0
-
-
10 - 20%
10-20%
60 0.5:1
RH-1 12
0
-
0
-
- 1,600 -
10 - 20%
10-20%
0
-
0
-
RH-2 12.5 6,000
3,000
(down to
1,600 by
Site
review)
14 (up
to 27.2
by site
review)
600 -
10 - 20%
10-20%
0
-
0
-
RM-2,
RM-3 13 6,000 3,500 12.4 - -
10 - 20%
10-20%
0
-
0
-
RH-3,
RH-7 14
0
-
0
-
-
0
-
60% (b) 60% (b) 60
0
-
RH-4,
BT-1,
BC-1
15
0
-
0
-
- 1,200 -
10 - 20%
10-20%
0
-
0
-
BR-2 16
0
-
0
-
-
0
-
40%
10 - 20%
10-20%
60
0
-
BMS 17
0
-
0
-
-
0
-
15% 15% 60
0.67
(1.85 if
within
CAGID
or
UHGID)
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RH-6 17.5 - 1,800 - 600 - - - -
MU-1,
MU-2,
IMS
18
0
-
0
-
-
0
-
15% 15% 60 0.6:1
RH-5,
BC-2 19 6,000 1,600 27.2
600 (400 by
site review
if in a
mixed use
developme
nt)
-
10—20%
10-20%
0
-
0
-
IM 20 7,000 1,600 27.2 600
40% (20%
if within a
park
service
area)
-
10—20%
10-20%
60 0.4:1
BT-2 21 6,000 1,600 27.2 600 -
10—20%
10-20%
0
-
0.5:1
IG 22 7,000 1,600 27.2 600
40% (20%
if within a
park
service
area)
-
10—20%
10-20%
60 0.5:1
BR-1 23 6,000 1,600 27.2
0
-
-
10—20%
10-20%
0
-
2.0:1
MU-3 24
0
-
0
-
-
0
-
15% 15% 60 1.0:1
MU-4 24.5
0
-
0
-
-
0
-
15% 15% 60 2.0
DT-1 25
0
-
0
-
-
0
-
-
10—20%
10-20%
60 1.0:1
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DT-2 26
0
-
0
-
-
0
-
-
10—20%
10-20%
60 1.5:1
DT-3,
DT-4,
DT-5
27
0
-
0
-
-
0
-
-
10—20%
10-=20%
60 1.7:1
BCS 28 - - - - -
10—20%
10-20%- -
Footnotes:
……
(-) No standard.
Section 27. Section 9-8-2, “Floor Area Ratio Requirements,” B.R.C 1981, is amended as
follows:
……
(d) Calculating Floor Area Ratios and Floor Area Ratio Additions and Supplemental Floor Area:
The floor area ratio shall be calculated based on all buildings on a lot according to the
definitions in Chapter 9-16, B.R.C., 1981, "Floor Area," "Floor Area Ratio," "Uninhabitable
Space," and "Basement," except as indicated by table 8-2 of this section. In addition to the
floor area ratio limitations set forth in Table 8-1, Intensity Standards, B.R.C. 1981, floor area
ratio additions may be added above the base floor area ratio and certain floor areas may be
excluded from the floor area calculations as set forth in Table 8-2 of this section. Areas not
included in the floor area ratio (FAR) calculation are considered "Supplemental Floor Area."
TABLE 8-2: FLOOR AREA RATIO ADDITIONS
DT-1 DT-2 DT-3 DT-4 DT-5 MU-1 MU-2 MU-3 BT-2 BMS IS-1/2 IG IM IMS
BR
-
1(c)
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Base FAR 1.0 1.5 1.7 1.7 1.7 0.6 0.6 1.0 0.5 0.67 (a) 0.5 0.5 0.4 0.6
n/a
-
Maximum
total FAR
additions
(FAR) (ed)
1.0 0.5 1.0 0.5 1.0 0.07
n/a
-
n/a
-
n/a
-
0.33
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
FAR additional components:
1)
Residential
floor area
(FAR)
0.5 0.5 0.5 0.5 1.0 (b)
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
Not
counte
d
Not
counte
d
n/a
-
n/a
-
2)
Residential
floor area if
at least 35%
of units are
permanently
affordable
and at least
50% of total
floor area is
residential
(FAR)
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
0.07
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
3)
Residential
floor area
for a project
NOT located
in a general
improvemen
t district that
provides off-
street
parking
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
0.33
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
4) On-site
Floor area
used as off
street
parking and
circulation
that is above
grade and
provided
entirely
within the
principal
structure, or
above grade
parking
structure
0.5 0.5 0.5
n/a
0
0.5
Not
counte
d
Not
counte
d
Not
counte
d
n/a
-
Not
counte
d
Not
counte
d
Not
counte
d
Not
counte
d
Not
counte
d
n/a
-
5) Below
grade area
Not
counte
d
Not
counte
d
Not
counte
d
Not
counte
d
Not
counte
d
n/a
-
n/a
-
n/a
-
Not
counte
d
Not
counte
d
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
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used for
occupancy
6)
Nonresidenti
al floor area
(FAR) (see
Paragraph 9-
8-2(e)(3)
and Section
4-20-62,
Table 4)
n/a
-
n/a
-
n/a
-
n/a
-
1.0 (b)
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
n/a
-
Maximum
allowable
FAR (sum
of base plus
all available
additions)
2.0 +
row 5
2.0 +
row 5
2.7 +
row 5
2.2 +
row 5
2.7 +
row 5
0.67 +
row 4
above
0.6 +
row 4
above
1.0 +
row 4
above
0.5 +
row 5
above
1.0 +
rows 4
and 5
above
0.5 +
row 4
above
0.5 +
rows 1
and 4
above
0.4 +
rows 1
and 4
above
0.6 +
row 4
above
4.0
(c)
Footnotes:
……
(d) n/a: not applicable.
(e)(d) For properties located in an area designated in Appendix L, "Form-Based Code Areas,"
and subject to the standards of Appendix M, "Form-Based Code," the floor area and floor area
ratio (FAR) requirements do not apply. Refer to Appendix M, "Form-Based Code," for specific
form, bulk, intensity, and outdoor space requirements.
(-) Not applicable
……
Section 28. Section 9-8-6, “Occupancy Equivalencies for Group Residences,” B.R.C
1981, is amended as follows:
The permitted density/occupancy for the following uses shall be computed as indicated below.
The density/occupancy equivalencies shall not be used to convert existing uses referenced in this
section to dwelling units. The number of allowed dwelling units shall be determined by using
Section 9-8-1, "Schedule of Intensity Standards," B.R.C. 1981:
……
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(d)Group Home Facilities: The occupancy of a group home facility must meet the
requirements of Subsection 9-6-43(c), B.R.C. 1981.
……
Section 29. Section 9-9-5, “Site Access Control,” B.R.C 1981, is amended as follows:
(a)Access Control: Vehicular access to property from the public right-of-way shall be controlled
in such a manner as to protect the traffic-carrying capacity and safety of the street upon which
the property abuts and access is taken, ensuring that the public use and purpose of public
rights of way is unimpaired as well as to protect the value of the public infrastructure and
adjacent property. The requirements of this section apply to all land uses, including single-
family residential land uses, as follows:
……
(3) Notwithstanding the above, development on a property that has three or fewer dwelling
units must meet the driveway width standards of this section if the development has to
comply with the landscape standards of Subsection 9-9-12(b), “Landscaping and
Screening Standards,” B.R.C. 1981. Compliance with the driveway width standards shall
be met prior to final inspection of a building permit.
……
(c)Standards and Criteria for Site Accesses and Curb Cuts: Any access or curb cut to public
rights of way shall be designed in accordance with the City of Boulder Design and
Construction Standards and the following standards and criteria:
(8) Minimum Driveway Width: Driveways shall meet the following standards (see Figure 9-
1 of this section):
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(A) Minimum Driveway Width: The minimum width of a driveway leading to an off-
street parking space shall not be less than nine feet. A driveway, or portion of a
driveway, may be located on an adjacent property if an easement is obtained from
the impacted property owner. (See Figure 9-1 of this section.)
(A) Minimum driveway width: The width of a driveway leading to an off-street parking
space shall not be less than nine feet. A driveway, or portion of a driveway, may be
located on an adjacent property if an easement is obtained from the impacted
property owner.
Figure 9-1: Minimum Driveway Width
(B) Maximum Driveway Width: For any property with three or fewer dwelling units, the
driveway width within a landscaped setback, including any associated circulation or
turnarounds, shall not exceed 20 feet.
Figure 9-1: Driveway Width
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Section 30. Section 9-9-6, “Parking Standards, B.R.C 1981, is amended as follows:
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(b)Off-Street Parking Requirements: The number of required off-street motor vehicle parking
spaces shall be provided in Tables 9-1, 9-2, 9-3, and 9-4 of this section; the number of required
off-street bicycle parking spaces shall be provided in Table 9-8 of this section:
(1)Residential Motor Vehicle Parking Requirements: Unless the use is specifically identified
in Table 9-2 below, residential motor vehicle parking shall be provided according to Table
9-1:
TABLE 9-1: RESIDENTIAL MOTOR VEHICLE PARKING REQUIREMENTS BY
ZONING DISTRICT AND UNIT TYPE
Zone District Standard
RR, RE,
MU-1, MU-
3, BMS,
DT, A, RH-
6
RMX-2,
MU-2, MH,
IMS
RL, RM, RMX-1,
RH-1, RH-2, RH-4,
RH-5, BT, BC, BR,
IS, IG, IM, P
RH-3 MU-4,
RH-7
Minimum number of
off-street parking spaces
for a detached dwelling
unit (DU)
1 1 1 1 0
Maximum number of
off-street parking spaces
for an attached DU or
each unit of a duplex
N/A N/A N/A N/A
1
space
per
DU
Minimum number of
off-street parking spaces
for an attached DU or
each unit of a duplex
1
1 for 1- or
2-bedroom
DU
1.5 for 3-
bedroom
DU
2 for a 4 or
1 for 1-bedroom
DU
1.5 for 2-bedroom
DU
2 for 3-bedroom
DU
1 for 1-
bedroom
DU
1.5 for 2-
bedroom
DU
2 for 3-
0
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more
bedroom
DU
3 for a 4 or more
bedroom DU
bedroom
DU
3 for a 4-
or-more
bedroom
DU
……
(4) Use Specific Motor Vehicle Parking Requirements for Nonresidential Uses:
TABLE 9-4: USE SPECIFIC MOTOR VEHICLE PARKING REQUIREMENTS FOR
NONRESIDENTIAL USES IN ALL ZONES
Use Parking Requirement
Large daycare (less than 50 children)
Determined through review; parking needs of the use
must be adequately served through on-street or off-
street parking
Nonresidential uses in General
Improvement Parking Districts No parking required
Restaurant, brewpub, or tavern - outside
of retail centers greater than 50,000
square feet
1 space per 3 seats for indoor seats. Where outdoor seats
do not exceed 20 percent of the indoor seats, no
additional parking spaces are required. Where outdoor
seats exceed 20 percent of the indoor seats, 1 space per
3 seats must be provided for those seats exceeding 20
percent of the indoor seats. Unless additional parking is
provided to meet the requirements above, the maximum
number of outdoor seats for restaurants, brewpubs, and
taverns on sites that do not meet the required number of
parking spaces for indoor seats shall be 20 percent × the
number of parking spaces provided on the site × 3.
Indoor Seats: 1 space per 3 seats.
Outdoor Seats:
1.If outdoor seats do not exceed 20% of the indoor
seats, no additional parking is required.
2.For the portion of the outdoor seats exceeding
20% of indoor seats: 1 space per 3 seats.
1.3.Notwithstanding the requirements of (1) and (2)
above, the following applies to uses that are
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nonconforming as to parking for indoor seats
and the sole principal use of the site: No
additional parking is required if the number of
outdoor seats does not exceed 60% of the
existing number of parking spaces on the site.
Retail centers over 50,000 square feet of
floor area that: under common
ownership or management that contain a
mix of some or all of the following uses:
retail, commercial, office, restaurants,
brewpubs, or taverns
i)Are under common ownership or
Less than 30 percent of the total floor area is occupied
by restaurants, taverns, or brewpubs: 1 space per 250
square feet of floor area for retail, commercial, and
office uses and restaurants, brewpubs, and taverns.
i)management, or
ii)Are approved through a common
site review approval, and
i)iii) Contain a mix of some or all of
the following uses: retail,
commercial, office, restaurants,
brewpubs, and taverns, which
30 percent or more and less than 60 percent of the total
floor area is occupied by restaurants, taverns, or
brewpubs: 1 space per 175 square feet of floor area for
retail, commercial, and office uses and restaurants,
brewpubs, and taverns.
iv)together comprise more than 50
percent of the total floor area, and
ii)v) Where written consent of all
property owners within the retail
center are included with the
application.
60 percent or more of the total floor area is occupied by
restaurants, taverns, or brewpubs: 1 space per 100
square feet of floor area for retail, commercial, and
office uses and restaurants, brewpubs, and taverns.
This use-specific parking standard shall not apply to
other uses for which a use-specific parking standard is
created in this Table 9-4 or to uses other than retail,
commercial, and office uses, restaurants, brewpubs, and
taverns. For those uses, parking shall be provided as
required for each such use under this Section 9-9-6,
B.R.C. 1981, and in addition to the requirement above.
……
(d) Motor Vehicle Parking Design Standards:
(1) Location of Open or Enclosed Parking: Open or enclosed parking areas are subject to the
following requirements:
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(A) No parking areas shall be located in any required landscaped setback abutting a
street. However, in RR, RE, or RL, A, or P zoning districts, if all off-street parking
requirements of this chapter have been met, persons may park up to two additional
vehicles in the driveway within the landscaped setback leading to the parking area.
The requirements of this subsection may be varied to allow the required off-street
parking to be located within the front yard setback pursuant to a variance being
approved by the BOZA per Subsection 9-2-3(j), B.R.C. 1981.
……
Section 31. Subsection 9-9-12(d), “General Landscaping and Screening Requirements,”
B.R.C 1981, is amended as follows:
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(10) Mulches:
……
(B) Non-living materials such as bark or rocks shall not only be used, except as
temporary mulch until full plant coverage is achieved, or as permanent mulch under
shrubs if specifically approved as part of a final landscape plan.
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Section 32. Section 9-9-13, “Streetscape Design Standards,” B.R.C 1981, is amended as
follows:
……
(b)Street Trees: A planting strip consisting of deciduous trees shall be planted along the full
length of all public and private streets in all zoning districts. When possible, trees shall be
planted in the public right-of-way. Large deciduous trees and detached sidewalks are desired
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required wherever possible and shall be planted at a minimum, in accordance with Subsection
subsection (d) of this section.
……
Section 33. Section 9-9-15, “Fences and Walls,” B.R.C 1981, is amended as follows:
(a) Purpose: The purpose of this section is to regulate the installation of fences, hedges, and walls
to provide safety and security as well as visual barriers, while minimizing the impacts that
result from fence location and height. A fence, hedge, or wall, which includes retaining walls,
columns, posts, piers, or similar structures, or any combination of such structures, is permitted
if it meets the standards of this section, in addition to the requirements of Section 9-9-7, “Sight
Triangles,” B.R.C 1981, and Chapter 10-5, “Building Code,” B.R.C 1981.
(b) Requirements Location Standards: A fence, hedge, or wall is permitted if it meets the
following conditions:
(1) Building Code and Sight Distance: All fences and walls meet the requirements of chapter
10-5, "Building Code," B.R.C. 1981, and section 9-9-7, "Sight Triangles," B.R.C. 1981;
(2)(1) Location on Property: All property lines are located in order to determine that nNo
fence, hedge, or wall shall extends beyond or across a property line, unless an
agreement with the abutting property owner is obtained; and
(3)(2) Location Near Sidewalks: No fence or wall is placed nearer than eighteen inches to
any public sidewalk.
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Figure 9-10: Level Grade
_______________________________________
Figure 9-10: Height of Fence, Wall, Hedge, or Combination Thereof
_______________________________________
Figure 9-11: Fences on Berms or Mounds
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____________________________________________________________
Figure 9-12: Exception - Fences on Retaining Walls
……
(c)
Example of an individual fence, wall or hedge
______________________________________
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Example of a combined fence, wall or hedge
______________________________________________________________________________
Figure 9-13: Exception – Fences or Walls Located on Within Three Feet of a Property Line
(requires abutting owners’ permission).
(c) Fence and Wall Height Standards: A maximum of seven feet in height is permitted for any
No individual fence, or wall, hedge, or any combination thereof located within three feet of
each other and located on the same property (see Figure 9-10) shall exceed seven feet in
height, except as otherwise permitted by this section. A fence or wall shall be measured as
follows:
(1) Measurement of Height:
(A) General: The height of a fence, wall, or hedge shall be measured from the finished
grade directly beneath it to the tallest element of the fence, wall, or hedge (see
Figure 9-10).
(B) Fences on Berms or Mounds: A fence, wall, or hedge located on a berm or mound
shall include the height of the berm or mound above natural grade located directly
beneath the fence in the overall height measurement (see Figure 9-11).
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(C) Modifications of Grade Not Permitted: No person shall modify the grade for the
purpose of increasing the permitted height of a fence, wall, or hedge. If there is
evidence that a modification to the grade has occurred which results in lowering or
increasing the height measurement, the city manager may consider any information
to determine the unaltered grade. The manager will use this information to
determine the appropriate maximum height of the fence or wall, which shall be the
functionally equivalent height if such changes to the grade had not been made.
(2) Exceptions:
(A) Fences on Retaining Walls: For the purposes of complying with applicable codes
for safety, a fence or guard not exceeding forty-two inches in height may be placed
on or within three feet of a retaining wall regardless of the combined fence and
retaining wall height, provided the fence and retaining wall are located on the same
property (see Figure 9-12).
(B) Fences and Walls Located on or within Three Feet of a Property Line: A fence,
wall, hedge, or any combination thereof located within three feet of each other and
located on or within three feet of a property line, may be permitted up to a maximum
of twelve feet in height, provided that the abutting property owners are in joint
agreement and the height does not exceed seven feet when measured from the
highest evaluation of grade within three feet of either side of the property line. In
no event shall such a fence, wall, hedge, or combination thereof exceed twelve feet
in height (see Figure 9-13).
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(C) Athletic facilities: Fencing around athletic facilities, including, without limitation,
tennis courts, may be ten feet in height so long as all portions above seven feet are
constructed with at least fifty percent non-opaque materials.
(D) Noise Barriers Along Major Streets: Along any of the major roads shown in
Appendix A, “Major Streets,” of this title, a fence or wall over seven feet in height
may be approved by the city manager as part of a comprehensive noise barrier
system.
(E) Garden Arbors and Trellises: Garden arbors and trellises attached to a fence or wall
are not subject to the standards of this section, but are subject to the accessory
structure standards in Table 7-1 of Section 9-7-1, “Schedule of Form and Bulk
Standards,” and Section 9-7-3,” Setbacks Encroachments,” B.R.C. 1981.
(F) Temporary Fences: A temporary fence on a construction site may be as high as
required to protect the property during the period of construction.
(1) Height Measurement - Generally: The height of a fence or wall shall be measured from
the finished grade directly beneath a fence or upon which a wall is located. (See Figure
9-10 of this section.)
(2) Fences on Retaining Walls: A fence located on or within three feet of a retaining wall,
where both the fence and retaining wall are on the same property, shall not exceed a
combined height of seven feet (see Figure 9-11 of this section), except that:
(A) Fence and Retaining Wall on Property Line: The combined height of a retaining wall
and fence or a fence, located on or within three feet of a property line, may exceed
seven feet when the abutting property owners are in joint agreement. (See Figure 9-
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12 of this section.) The fence shall not exceed an individual height of seven feet when
measured from the highest elevation of grade within three feet of either side of the
property line. (See Figure 9-13 of this section.) In no event shall such a fence exceed
twelve feet in height. (See Figure 9-14 of this section.)
(B) A fence not exceeding forty-two inches in height may be placed on a retaining wall
regardless of the combined fence and retaining wall height.
……
Figure 9-11: Fence on Retaining Wall
(3) Fences on Berms or Mounds: A fence or wall located on a berm or mound shall include
the height of the berm or mound directly beneath the fence and above natural grade in the
overall height measurement.
(4) Temporary Fences: A temporary fence on a construction site may be as high as required
to protect the property during the period of construction.
(5) Modifications of Grade: No person shall modify the grade for the purpose of increasing
the permitted height of a fence or wall. If there is evidence that a modification to the grade
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has occurred which results in lowering or increasing a fence or wall height, the city
manager may consider any information to determine the unaltered grade. The manager
will use this information to determine the appropriate maximum height of the fence or
wall, which shall be the functionally equivalent height if such changes to the grade had
not been made.
(6) Athletic Facilities: Fencing around athletic facilities, including, without limitation, tennis
courts, may be ten feet in height so long as all portions above seven feet are constructed
with at least fifty percent non-opaque materials.
(7) Noise Barriers Along Major Streets: Along any of the major roads shown in appendix A,
"Major Streets," of this title, a fence or wall over seven feet in height may be approved
by the city manager as part of a comprehensive noise barrier system.
(8) Modifications: The requirements of this section may be modified by the city
manager subject to the provisions of subsection 9-9-7(d), or section 9-2-3, "Variances
and Interpretations," B.R.C. 1981. Decisions by the city manager may be appealed to the
BOZA.
Figure 9-12: Fence on or Within Three Feet of Retaining Wall
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Figure 9-13: Fence Within Three Feet of Retaining Wall (Adjacent Owner Permission
Required)
Figure 9-14: Fence on Grade (Adjacent Owner Permission Required)
(d) Other FencesElectric or Barbed Wire Fences:
(1) Electric or Barbed Wire Fences: No barbed wire or other sharp, pointed, or electrically
charged fence may be erected or maintained except as follows:
(1A) ……
(2B) ……
(3C) Location of Electric Fences: Electric fences may be permitted in the A district when
used as an internal fence not on the periphery of the property to contain livestock,
and in the A, RR, RE, and RL districts, as an internal fence not on the periphery of
the property to protect crops and plantings. No person shall maintain an electric
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fence without a fence permit. All such electric fencing must meet the following
requirements:
……
(iii) Electric fencing may not be located in a required yard abutting a street
landscaped setback nor in a required sight triangle, as prescribed in Section
9-9-7, "Sight Triangles," B.R.C. 1981; and
……
(e) Variances and Interpretations: The requirements of this section may be varied by the city
manager subject to the provisions of Subsection 9-9-7(d), and Section 9-2-3, “Variances and
Interpretations,” B.R.C. 1981. Decisions by the city manager may be appealed to the BOZA.
Section 34. Section 9-9-16, “Lighting, Outdoor,” B.R.C 1981, is amended as follows:
……
(c)Scope: This section shall apply to all exterior lighting, including illumination from outdoor
signs that impact the outdoor environment. No person shall install or maintain any light fixture
unless such fixture meets the requirements of this section. If an existing light fixture is
removed, it shall only be replaced with a conforming light fixture. Chapter 9-16-1, “General
Definitions,” B.R.C. 1981, contains specific definitions applicable to the implementation of
this section, including but not limited to, “Control”, “Full cut-off light fixture”, “Fully
shielded light fixture”, “Glare”, “Illuminance”, “Light bulb”, “Light fixture”, Luminaire”,
“Light pollution”, “Light trespass”, “Lumen”, “Luminaire”, “Maximum allowable light
level”, “Maximum allowable light level”, “Maximum lumen rating”, “String of lights”,
“Uniformity ratio”, and “White light source”.
……
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Section 35. Section 9-9-17, “Solar Access,” B.R.C 1981, is amended as follows:
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(f) Exceptions:
……
(5) Referral or Appeal of City Manager's Decision: The city manager may refer the
application or tThe city manager's decision may be appealed by the applicant decision
may be appealed to the BOZA pursuant to the procedures of Section 9-4-4, "Appeals,
Call-Ups and Public Hearings," B.R.C. 1981. Public notification of the hearing shall be
provided pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981. The sign
posted shall remain posted until the conclusion of the hearing.
(6) Review Criteria: In order to grant an exception, the approving authority must find that
each of the following requirements has been met:
(A) Because of basic solar access protection requirements and the land use regulations:
(i) Reasonable use cannot otherwise be made of the lot for which the exception is
requested; or
……
Section 36. Section 9-9-19, “Swimming Pools, Spas, and Hot Tubs,” B.R.C 1981, is
amended as follows:
9-9-19. - Reserved Swimming Pools, Spas, and Hot Tubs.
A swimming pool, spa, or hot tub may be permitted in any district as an accessory use, subject to
the following additional requirements:
(a)Location: Such use may not be located in any required front yard or side yard abutting a
street;
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(b) Fences or Walls Required: All pools, spas, and hot tubs shall be fenced as required by chapter
10-5, "Building Code," B.R.C. 1981.
(c) Gates or Doors: All gates or doors opening through such enclosures must be equipped with
self-closing and self-latching hardware keeping the gate or door securely closed at all times
when not in use.
Section 37. Section 9-10-3, “Changes to Nonstandard Buildings, Structures and Lots and
Nonconforming Uses,” B.R.C 1981, is amended as follows:
……
(b) Nonstandard Lots or Parcels:
……
(2) Maximum Height: The maximum height for a principal building or structure on a
nonstandard lot in the RMX-1, RL-1 and RE zoning districts will range from twenty-five
feet for a building or structure on a lot which is at or below one-half the minimum lot size
of the zoning district up to thirty-five feet for a building or structure on a lot which meets
or exceeds the minimum lot size. In RR-1 and RR-2 districts, the maximum height for a
principal building or structure on a nonstandard lot shall range from twenty-five feet for
a building on a lot which is at or below one-fourth the minimum lot size up to thirty-five
feet for a building or structure on a lot which meets or exceeds the minimum lot size.
Such lots shall be allowed to have a maximum building or structure height in proportion
to the lot area. In the event that an existing building or structure exceeds the height
limitations of this paragraph, the applicant shall be permitted to complete a site review to
increase the height of the building or structure up to the permitted height in Section 9-7-
1, "Schedule of Form and Bulk Standards," B.R.C. 1981. The permitted heights for the
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RMX-1, RL-1, RE, RR-1 and RR-2 zoning districts shall be computed as set forth in
Table 10-1 of this section and as indicated in appendix C, "Height Restrictions for
Nonstandard Lots," of this title.
TABLE 10-1 NONSTANDARD LOT MAXIMUM HEIGHT FORMULAS
Zoning District(standard
min. lot size in square
feet)
Minimum
Lot Size
(Square
Feet)
Maximum Height
Formula*
RMX-1 (6,000) 6,000
Height = (nonstandard
lot size - 3,000) x
.003333 + 25
RL-1 (7,000) 7,000
Height = (nonstandard
lot size - 3,500) ×
.002857 + 25
RE (15,000) 15,000
Height = (nonstandard
lot size - 7,500) ×
.001333 + 25
RR-1; RR-2 (30,000) 30,000
Height = (nonstandard
lot size - 7,500) ×
.000444 + 25
*All nonstandard lots are permitted a principal building height of at least 25 feet.
……
Section 38. Section 9-12-8, “Final Plat,” B.R.C 1981, is amended as follows:
(a) A final plat may be submitted at the same time as a preliminary plat.
Attachment A - Draft Ordinance 8409
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(b) In order to obtain city manager review of a final plat, the subdivider shall submit a final plat
that conforms to the approved preliminary plat, includes all changes required by the manager
or the planning board, and includes the following information:
(1) A map of the plat drawn at a scale of no less than one inch equals one hundred feet (and
of a scale sufficient to be clearly legible) with permanent lines in ink and whose outer
dimensions are twenty-four inches by thirty-six inches on a reproducible Mylar or paper
sheet (maps of two or more sheets shall be referenced to an index placed on the first
sheet); or in electronic format saved as a PDF document using no less than 300 dots per
inch (dpi), a font of no less than ten point type, a file size no greater than 100 MB, a
drawing size of no more than twenty-four inches by thirty-six inches, legible and scalable
(to a standard architectural or engineering scale) with a graphic scale bar on each page,
and sufficient blank space for recording labels on each sheet;
(2) A one inch equals one hundred feet reduction of the plat; A vicinity map on the title sheet
showing at least three blocks on all sides of the proposed subdivision, which may be of a
different scale than the plat;
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Section 39. Section 9-12-10, “Final Plat Procedure,” B.R.C 1981, is amended as follows:
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(e) The city manager shall sign the city manager certification on all plats of the subdivision
following planning board approval, or the expiration of the call-up period, as applicable.
Within one week after any conditions of the subdivision agreement required to occur prior to
recording have been met, the city clerk shall record all such plats and agreements in the office
Attachment A - Draft Ordinance 8409
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of the Boulder County Clerk and Recorder. in a form acceptable to the office and consistent
with state law.
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Section 40. Section 9-12-13, “Subdivider Financial Guarantees,” B.R.C 1981, is
amended as follows:
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(f) The subdivider's financial guarantee may be any of the following:
(1) An escrow of funds with the city;
(2) An escrow with a bank or savings and loan association upon which the city can draw as
provided in this section;
(3) An irrevocable clean sight draft or letter of commitment upon which the city can draw as
provided in this section; or
(4) A performance bond for the benefit of the city upon which the city can collect as provided
in this section; and
(5)(4) Any other form of guarantee approved by the city manager that will satisfy the
objectives of this section.
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Section 41. Section 9-12-14, “Subdivider Financial Guarantees,” B.R.C 1981, is
amended as follows:
(a)The subdivider shall warrant all public improvements, private improvements in lieu of public
improvements and utilities for two years after acceptance by the city and shall secure the two-
year warranty through a financial guarantee meeting the requirements of Subsection 9-2-13(f),
B.R.C. 1981, above by an insurance policy, bond or letter of credit, from a surety or financial
K:\PLCU\o-8409 Land Use Code Cleanups & Clarifications-.docx
Attachment A - Draft Ordinance 8409
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institution and in a form acceptable to the city manager, payable to the city as beneficiary, in
an amount adequate to replace or repair twenty percent of the total value of all of the
improvements if they are damaged or become inoperable during the warranty period.
(b) If the city manager determines that any such public or other improvements or utilities need
repair or replacement, the manager shall so notify the subdivider. The manager shall not
approve any other development applications from or improvements constructed or installed
by the subdivider until the subdivider satisfactorily repairs or replaces the defective
improvements.
(c) If the subdivider fails to repair or replace any such public or other improvements or utilities
after notice, the city manager may cause the work to be performed and charge the costs against
the financial guarantee insurance policy, bond or letter of credit. If the amount of the financial
guarantee policy, bond or letter of credit is less than the cost of repair or replacement, the
difference shall be due and payable to the city by the subdivider. If any letter of credit is due
to expire before the end of the warranty period, and is not replaced no less than sixty days
before its expiration with another letter of credit which is valid until the end of the warranty
period or for an additional year, whichever is less, the city manager shall call the letter of
credit and shall hold the funds thereby received in a separate account, and shall return such
funds as are not expended or to be expended for warranty work to the subdivider at the end of
the warranty period.
Section 42. Section 9-2-16, “Form-Based Review,” B.R.C 1981, is amended as follows:
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(j) Minor Modifications to Approved Form-Based Code Reviews: Up to a total of five cumulative
Attachment A - Draft Ordinance 8409
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mModifications to the site plan, buildings plans, landscaping and parking plans previously
approved through a form-based code review application may be approved by the city manager
without requiring an amendment to the approved form-based code review if such changes are
minor. All minor modifications shall be noted, signed, and dated on the approved form-based
code review plans. For proposed minor modification of form-based code review projects that
are partially or totally developed, the applicant shall provide notice to any owners of property
within the development that might be affected, as determined by the manager. In determining
whether a proposed is a minor modification, the following standards shall apply The following
standards apply to minor modifications:
(1) The modification does not include any change in window sizes, types, and dimensions,
building materials, façade configurations or cap types on any street facing facadeOn a
street facing façade, the following shall be met;
(i) Window sizes, types, and dimensions are not shifted by more than 10 feet in either
direction per floor, transparency requirements are not reduced by more than 10
percent of the approved percentage and required minimum transparency per floor
is maintained, and the general pattern of the windows is not substantially altered
from the form-based code review approval;
(ii) The approved total percentage of major materials is not reduced; and
(iii) Building bay configurations may be shifted or transposed, if otherwise consistent
with these criteria;
(2) The No modification does not or cumulative modifications from the form-based code
review approval results in an expansion or shifting of floor area by more than ten percent
Attachment A - Draft Ordinance 8409
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of the floor area of the project; and
(3) The sum of all cumulative modifications to the site plan, building plans, landscaping and
parking plans approved under this subsection (j) does not exceed ten modifications per
building and may be considered under one or more minor modification applications so
long as ten modifications per building is not exceeded. For the purposes of this subsection,
one modification shall mean one aspect of the design that is changing in respect to an
Appendix M standard and not every individual change. For example, one particular
dimensional change applied to ten windows shall count as one modification, not ten
modifications; and
(4) The All modifications is are consistent with the requirements of Appendix M, "Form-
Based Code," and does not include any exception requests. a request for an exception.
Section 9. Section M-1-17, “General Building Type,” B.R.C 1981, is amended as
follows:
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Refer to M-1-6 Regulating Plans for the locations of buildings in the form-based code areas.
BOULDER JUNCTION PHASE I REFERENCES/ADDITIONAL REQUIREMENTS
BUILDING SITING Refer to FIGURE M-1 (21).
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Maximum Site Impervious Coverage
Additional Semi-Pervious Coverage
65% 70%
25%
Refer to Section M-1-8, "Definitions," B.R.C. 1981, for semi
pervious coverage.
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Section 43. This ordinance is necessary to protect the public health, safety, and welfare of
the residents of the city, and covers matters of local concern.
K:\PLCU\o-8409 Land Use Code Cleanups & Clarifications-.docx
Attachment A - Draft Ordinance 8409
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Section 44. The city council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 15th day of September 2020.
____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Pamela Davis,
Acting City Clerk
READ ON SECOND READING, PASSED AND ADOPTED this 6th day of October 2020.
____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Pamela Davis,
Acting City Clerk
Attachment A - Draft Ordinance 8409
Appendix A: Major Streets
Attachment A - Draft Ordinance 8409