8510 - AMENDING, TITLE 9, “LAND USE CODE,” B.R.C. 1981, TO ALLOW RESTAURANTS AS LIMITED USES IN REGIONAL PARKS WITHIN THE PUBLIC (P) ZONING DISTRICT AND SETTING FORTH RELATED DETAILS, Intro 10/5/21, 2nd Reading and AMENDED 10/26/21, 3rd Reading and ADOPT1
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ORDINANCE 8510
AN ORDINANCE AMENDING, TITLE 9, “LAND USE CODE,”
B.R.C. 1981, TO ALLOW RESTAURANTS AS LIMITED USES
IN REGIONAL PARKS WITHIN THE PUBLIC (P) ZONING
DISTRICT AND SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 9-6-1, “Schedule of Permitted Land Uses,” B.R.C. 1981, is amended
as follows:
9-6-1. Schedule of Permitted Land Uses.
The schedule shows the uses which are permitted, permitted with limitations, conditionally
permitted, prohibited, or which may be permitted through use review pursuant to Section 9-2-15,
"Use Review," B.R.C. 1981.
(a) Explanation of Table Abbreviations: The abbreviations used in Table 6-1 of this section
have the following meanings:
(1) Allowed Uses: An "A" in a cell indicates that the use type is permitted by right in the
respective zoning district. Permitted uses are subject to all other applicable regulations
of this title.
(2) Limited Uses: A "L" in a cell indicates that the use type is permitted by right in the
respective zoning district provided that the limitations set forth in Table 6-3, "Use
Limitations," are met. The applicable limitations of Table 6-3 are identified by
superscript numbers following the applicable "L" in Table 6-1. If a use limitation in
Table 6-3 is not met or if otherwise specifically required in Table 6-3, the use may be
approved in accordance with the procedures and standards authorized in Table 6-3.
…
(d) Use Table:
TABLE 6-1: USE TABLE
….
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DINING AND ENTERTAINMENT USES:
Zoni
ng
Distr
ict
R
R
1
,
R
R
2
,
R
E
,
R
L
1
R
L
2
,
R
M
2
R
M
1
,
R
M
3
R
M
X
1
R
M
X
2
R
H
1
,
R
H
2
,
R
H
4
,
R
H
5
R
H
3
,
R
H
7
R
H
6
M
H
M
U
3
M
U
1
M
U
2
M
U
4
B
T
1
,
B
T
2
B
M
S
B
C
1
,
B
C
2
B
C
S
B
R
1
,
B
R
2
D
T
4
D
T
5
D
T
1
,
D
T
2
,
D
T
3
I
S
1
,
I
S
2
I
G
I
M
I
M
S
P A
Use
Mod
ules
R
1
R
2
R
3
R
4
R
5
R
6
R
7
R
8
M
H
M
1
M
2
M
3
M
4
B
1
B
2
B
3
B
4
B
5
D
1
D
2
D
3
I
1
I
2
I
3
I
4
P A Ad
dit
ion
al
Re
fer
en
ces
For
m
Base
d
Cod
e
Area
s
Uses
Appendix
M
DINI
NG
AND
ENT
ERT
AIN
MEN
T
USES
:
Art
or
craft
studi
o
spac
e
*U U U U U U U *L
6
L
6
L
6
A A A A A A A A A A A *A U *
Brew
eries
,
*********************L
8
L
7
L
7
L
9
**9
6
6(b
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2
3
4
5
6
7
8
9
10
11
12
13
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19
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23
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25
distil
lerie
s or
wine
ries
)(4
)
Com
merc
ial
kitch
ens
and
cater
ing
************A ***U U U U U A A A A **
Indo
or
amu
sem
ent
esta
blish
men
t
************U *U U U A U U U ******
Mob
ile
food
vehi
cle
on
priva
te
prop
erty
*********C C C C C C C C C C C C C C C C C *9
6
6(d
)
Mob
ile
food
vehi
cle
on
publi
c
right
of
way
C ********************C C C C C *9
6
6(d
)
Mus
eum
s
************A U A C A A A A A U U U U U *9
6
11
Res
taur
ant
s in
ind
ustr
ial
and
pub
lic
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
C C C C n
/
a
L
1
8
n
/
a
9
6
6(
b)
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5
6
7
8
9
10
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25
zon
es
Rest
aura
nts,
brew
pubs
,and
tave
rns
no
large
r
than
1,00
0
squa
re
feet
in
floor
area,
whic
h
may
have
meal
servi
ce
on
an
outsi
de
patio
not
mor
e
than
the
floor
area,
and
whic
h
close
no
later
than
11
p.m.
*****U A **A A A n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
*
Rest
aura
nts,
brew
pubs
,and
tave
*****n
/
a
****A *A U A A A A A A C n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
*9
6
6(b
)
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2
3
4
5
6
7
8
9
10
11
12
13
14
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16
17
18
19
20
21
22
23
24
25
rns
outsi
de
the
Univ
ersit
y Hill
gene
ral
impr
ove
men
t
distri
ct
no
large
r
than
1,50
0
squa
re
feet
in
floor
area,
whic
h
may
have
meal
servi
ce
on
an
outsi
de
patio
not
mor
e
than
the
floor
area,
and
whic
h
close
no
later
than
11
p.m.
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2
3
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5
6
7
8
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Rest
aura
nts,
brew
pubs
,and
tave
rns
over
1,00
0
squa
re
feet
in
floor
area,
or
whic
h
close
after
11
p.m.,
or
with
an
outd
oor
seati
ng
area
of
300
squa
re
feet
or
mor
e
*****U ***U A U n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
*
Rest
aura
nts,
brew
pubs
,and
tave
rns
outsi
de of
the
Univ
ersit
y Hill
gene
ral
impr
ove
*****n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
U U U A A A A A U n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
*
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men
t
distri
ct
that
are:
over
1,50
0
squa
re
feet
in
floor
area
or
whic
h
close
after
11
p.m.
Rest
aura
nts,
brew
pubs
,and
tave
rns
in
the
Univ
ersit
y Hill
gene
ral
impr
ove
men
t
distri
ct
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
C n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
*9
6
6(b
)(2
)
Rest
aura
nts,
brew
pubs
,and
tave
rns
with
an
outd
oor
seati
ng
area
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
U U U U U U U U U n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
*
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of
300
squa
re
feet
or
mor
e
withi
n
500
feet
of a
resid
entia
l
zoni
ng
distri
ct
Smal
l
thea
ter
or
rehe
arsal
spac
e
************U *U U U A U U U A A U A **
Tave
rns
in
indu
strial
zone
s
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
n
/
a
****n
/
a
n
/
a
Tem
pora
ry
outd
oor
ente
rtain
men
t
************C C C C C C C C C C C C C C *9
6
6(c
)
…
A: Allowed use.
L: Limited use. See Section 9-6-2, B.R.C. 1981, for review procedures.
C: Conditional use. See Section 9-2-2, B.R.C. 1981, for administrative review procedures.
U: Use review. See Section 9-2-15, B.R.C. 1981, for use review procedures.
*: Use prohibited.
n/a: Not applicable; more specific use applications apply.
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Section 2. Section 9-6-2, “Limited Use Standard - General,” B.R.C. 1981, is amended as
follows:
9-6-2. Limited Use Standard – General.
(a) Purpose and Scope: The purpose of this section is to set forth limitations for specified uses
of land. The limitations are intended to ensure that the use is compatible with the
surrounding area. Limited uses are those uses which are allowed by-right in a given zoning
district if the use complies with the limitations contained in Table 6-3, "Use Limitations." If
a use limitation in Table 6-3, "Use Limitations," is not met or if otherwise specifically
required in Table 6-3, the use may be approved in accordance with the procedures and
standards authorized in Table 6-3.
(b) Requirements: Limited uses shall comply with the limitations set forth in this section, all
other requirements of this code, and any other ordinance of the city.
(c) Use Limitations: The use limitations in Table 6-3, "Use Limitations," apply to any use
specified as a limited use (Lx ) in Section 9-6-1, "Schedule or Permitted Uses" and Table 6-
1, "Use Table," B.R.C 1981.
(d) Expiration: Any limited use which is not established within one year of its approval,
discontinued for at least one year, or replaced by another use of land shall expire.
TABLE 6-3 USE LIMITATIONS
Use Limitations,per Table 6 1,"Use Table"
L1 Allowed by right if the use is not located on the ground floor facing a street,with the exception of
minimum necessary ground level access,otherwise by use review only.
L2 Allowed by right if at least 50%of the floor area of the building is for residential use and the
nonresidential use is less than 7,000 square feet per building,otherwise by use review only.
L3 Allowed by right if at least 50%of the floor area of the building is for nonresidential use,otherwise by
use review only.
L4 Allowed by right for 2,000 square feet or less of floor area of the building.Allowed by right for
greater than 2,000 square feet of floor area,provided the cumulative nonresidential uses'floor area
is less than 7,000 square feet of the building,and at least 50%of the building's floor area is for
residential uses.Otherwise by use review only.
L5 Allowed by right if the combined total amount of any office,computer design and development
facility,data processing facility,telecommunication,medical or dental clinic or office,or addiction
recovery facility uses does not exceed 50%of the total floor area of the building.Otherwise
prohibited.
L6 Allowed by right for 2,000 square feet or less of floor area per lot or parcel,otherwise by use review
only.
L7 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)(4),B.R.C.1981.
L8 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)(4),B.R.C.
1981.If the use exceeds 15,000 square feet in floor area,it requires use review.
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L9 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)(4),B.R.C.
1981.The use is prohibited to exceed 15,000 square feet.
L10 Allowed by right for 20,000 square feet or less of floor area per lot or parcel,otherwise prohibited.
L11 Allowed by right for less than 20,000 square feet of floor area per use,otherwise by use review only.
L12 Allowed by right for less than 10,000 square feet per lot or parcel,otherwise by use review only.
L13 Allowed by right for 15,000 square feet or less of floor area per lot or parcel,otherwise by use review
only.
L14 Allowed by right for 15,000 square feet or less of floor area per lot or parcel,otherwise prohibited.
L15 Allowed by right if the detached dwelling unit existed on the lot or parcel on August 6,2019,or
where more than one dwelling unit is on the lot or parcel,otherwise by use review only.For purposes
of this limitation,"existed on"means a detached dwelling unit that is constructed on or before said
date or for which a complete building permit application was submitted on or before said date
provided the applicant pursues all requirements and deadlines set by the city manager and this code
for the construction of the unit.
L16 Allowed by right if the units on the lot or parcel meet the requirements for permanently affordable
units set forth in Chapter 9 13,"Inclusionary Housing,"B.R.C.1981,or if the use is not located on the
ground floor along a major street,as defined by Appendix A,"Major Streets,"B.R.C.1981,with the
exception of minimum necessary ground level access.The limitation on ground floor use along a
major street applies to a depth of 30 feet measured from the building's major street facing façade.
Otherwise by use review only.
L17 Allowed by right if located within the University Hill general improvement district,or if the combined
total amount of any office,computer design and development facility,medical or dental clinic or
office,addiction recovery facility,and medical and dental laboratory uses does not exceed 20,000
square feet on the lot or parcel.If the combined total amount of floor area of these uses exceeds
20,000 square feet on the lot or parcel,the use may be approved pursuant the criteria in Paragraph
9 6 8(a)(2),B.R.C.1981.
L18 Allowed by right if located in a regional park where the use and any associated outdoor seating is no
closer than 500 feet to a residential zoning district provided that the approval authority for the lease
by the public agency owning the regional park finds that the lease and management plan ensure that
the use is reasonably compatible with and has minimal negative impacts that are material in nature
on surrounding uses,natural areas and wildlife.Allowed by use review if located in a regional park
and the use and any associated seating is located closer than 500 feet to a residential zoning district.
Otherwise prohibited.
Section 3. Section 9-9-6, “Parking Standards,” B.R.C. 1981, is amended as follows:
9-9-6. Parking Standards.
(a) Rationale: The intent of this section is to provide adequate off-street parking for all uses, to
prevent undue congestion and interference with the traffic carrying capacity of city streets,
and to minimize the visual and environmental impacts of excessive parking lot paving.
(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:
…
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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
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
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.
3.Notwithstanding the requirements of (1)
and (2)above,the following applies to uses
that are 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:
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.
ii)management,or
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iii)Are approved through a common site
review approval,and
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)Contain a mix of some or all of the
following uses:retail,commercial,office,
restaurants,brewpubs,and taverns,which
v)together comprise more than 50 percent
of the total floor area,and
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.
vi)Where written consent of all property
owners within the retail center are included
with the application.
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.
Restaurants in a regional park Determined through review;parking needs of
the use must be adequately served through
on street or off street parking.
Motels,hotels,and bed and breakfasts 1 space per guest room or unit,plus required
spaces for nonresidential uses at 1 space per
300 square feet of floor area
Theater Greater of 1 parking space per 3 seats,or the
parking ratio for the zone district
Fuel service station General ratio for the use zone plus storage of
2 vehicles per service bay
Religious assembly:(See Paragraph (f)(8)of this section for
permitted parking reductions)
a.Religious assemblies created prior to
9/2/1993
1:300
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b.Religious assemblies created after
9/2/1993
1 space per 4 seats,or 1 per 50 square feet of
assembly area if there are no fixed seats
assembly area includes the largest room plus
any adjacent rooms that could be used as part
of the assembly area
c.Uses accessory to a religious assembly
and created after 9/2/1993
Uses accessory to the religious assembly shall
meet the standards applicable to the use as if
the use is a principal use
d.Total parking of a religious assembly and
accessory uses created after 9/2/1993
Parking for the religious assembly use and any
accessory use shall be for the use which has
the greatest parking requirement
Small recycling collection facility 1 space for attendant if needed
Large recycling collection facility General parking ratio for the zone plus 1 space
for each commercial vehicle operated by the
facility
Recycling processing facility Sufficient parking spaces for a minimum of 10
customers,or the peak load,whichever is
greater,plus 1 space for each commercial
vehicle operated by the facility
Warehouse or distribution facility or uses in
industrial zones with accessory warehouse
spaces
1 space per 1,000 square feet of floor area
used for warehousing or storage of goods,
merchandise,or equipment.Parking for floor
area used for associated office space or
production areas and not for warehousing or
storage as outlined above shall be provided
consistent with Table 9 3.
Self service storage facility 3 spaces for visitor parking,plus parking for
any floor area used as office space or
otherwise not used for self service storage
shall be provided consistent with Table 9 3.
Airport and aircraft hangers 1 space per outside airplane or glider tie down
space;
1 space per 1,000 square feet of floor area of
private airplane hangar space (with or without
external or internal walls);
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1 space per 2,000 square feet of floor area of
commercial or executive airplane hangar
space;and
Parking for floor area used as office space or
otherwise not used for airport hanger shall be
provided consistent with the requirements of
Table 9 3.
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Section 4. Section 9-16-1, “General Definitions,” B.R.C. 1981, is amended as follows:
9-16-1. General Definitions.
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(c) The following terms as used in this title have the following meanings unless the context
clearly indicates otherwise:
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Recycling processing facility means a building or enclosed space used for the collection of
recyclable material, used motor oil and batteries in accordance with applicable health and safety
regulations, and scrap metal but not including motor vehicles, and its processing for efficient
shipment or to an end-user's specifications by baling, briquetting, compacting, composting,
flattening, grinding, crushing, mechanical sorting, shredding, cleaning, or remanufacturing.
Regional park means a park or recreation area owned by a public agency and 100 acres or
greater in size, serving the entire city and surrounding region with specialized recreational assets
that draw regional users such as ball fields, swimming facilities, boating, golf courses, and
natural lands for passive recreation. Regional parks are of a scale and design to allow hosting of
large and small events, such as concerts and festivals, and are often destination points for
visitors.
Regulated activity means those activities requiring a stream, wetland, or water body permit
pursuant to Subsection 9-3-9(d), B.R.C. 1981. (Wetlands)
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Section 5. This ordinance is necessary to protect the public health, safety, and welfare of
the residents of the city and covers matters of local concern.
Section 6. 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.
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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 5th day of October 2021.
____________________________________
Sam Weaver, Mayor
Attest:
____________________________________
Elesha Johnson, City Clerk
READ ON SECOND READING, AMENDED AND PASSED this 26th day of October
2021.
____________________________________
Sam Weaver, Mayor
Attest:
____________________________________
Elesha Johnson, City Clerk
READ ON THIRD READING AND ADOPTED this 9th day of November 2021.
____________________________________
Sam Weaver, Mayor
Attest:
____________________________________
Elesha Johnson, City Clerk