8523 - AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981, TO UPDATE AND SIMPLIFY THE USE TABLE AND USE STANDARDS AND SETTING FORTH RELATED DETAILS, Intro 6/7/22, 2nd Reading and Adoption 6/21/22
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ORDINANCE 8523
AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,”
B.R.C. 1981, TO UPDATE AND SIMPLIFY THE USE TABLE
AND USE STANDARDS AND SETTING FORTH RELATED
DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 9-1-2, “How to Use This Code,” B.R.C. 1981, is amended as follows:
9-1-2. How to Use This Code.
…..
(c) Modular Zone System: Zoning districts in Boulder are comprised of standards from three
modules: use, form, and intensity. Combining elements of the three modules creates a
zoning district. The zoning districts are identified in Section 9-5-2, "Zoning Districts,"
B.R.C. 1981.
(1) Use Module: The use module establishes the uses that are permitted, permitted
with limitations pursuant to Section 9-6-2, "Limited Use Standards - General,"
B.R.C. 1981, may be approved as a conditional useconditionally permitted
pursuant to Section 9-2-2, "Administrative Review Procedures," B.R.C. 1981,
prohibited, or that may be permitted approved through a use review pursuant to
Section 9-2-15, "Use Review," B.R.C. 1981. Conditional uses are reviewed
through an administrative (staff) review process to ensure conformance with
specific conditional use standards. If the use requires a use review, then the
project will be required to complete a discretionary review to ensure that any
impacts of the use on the surrounding area are minimized. Finally, if the use is an
existing legal use that is no longer allowed in the zoning district, and there is a
proposal to change or modify the use, it may also be required to complete a use
review.
…..
Section 2. Section 9-1-4, “Transitional Regulations,” B.R.C. 1981, is amended as
follows:
9-1-4. Transitional Regulations.
…..
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(e) Existing Uses Subject to Specific Use Standards or Subject to Use Limitations or That
Require a Use Review or Conditional Use Approval:
(1) Use Review or Conditional Use Approvals: Any previously approved use that was
established prior to the adoption of new regulations that make such use permitted
only pursuant to a conditional use or a use review shall be allowed to continue in
operation. Any change or expansion of a use that was established prior to the
adoption of new regulations that make such use permitted pursuant to a
conditional use or a use review shall be made in conformance with the applicable
standards for use review, conditional uses, or for changes or expansions to
nonconforming uses.
(2) Specific Use Standards: Limited Uses: Any previously allowed use that was
established prior to the adoption of new regulations that make such use permitted
only subject to use limitations shall be allowed to continue in operation and may
be changed within the existing floor area of the use or replaced by another limited
use subject to the same use limitation category if such change or replacement use
does not increase the degree of nonconformity with the use limitations adopted
after the use was established. Any previously allowed use that was established
prior to the adoption of new regulations that make such use allowed subject to
specific use standards shall be allowed to continue in operation. Changes to a
limited use that was established prior to adoption of the new regulations that
imposed the specific use limitations standards shall be made in conformance with
the applicable use limitations standards or in conformance with the applicable
standards for changes or expansions to nonconforming uses. In a non-conforming
use review, the floor area of a use established before adoption of a floor area
limitation may be cumulatively increased by up to ten percent of the floor area of
the use established prior to adoption of the floor area use limitation.
(3) Discontinued Use: If active and continuous operations of a use subject to the
standards of paragraphs (e)(1) or (e)(2) of this section are not carried on for a
period of one year, it shall thereafter be occupied and used by a use meeting the
requirements of this title, as required by Subsection 9-10-2(a), B.R.C. 1981.
…..
Section 3. Section 9-2-1, “Types of Reviews,” B.R.C. 1981, is amended as follows:
9-2-1. Types of Reviews.
(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:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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
Affordable housing design
review pursuant to Section 9-
13-4, B.R.C. 1981
Building permits
Change of address
Change of street name
Conditional uses, as noted in
Table 6-1: Use Table
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
certificates (staff review per
Section 9-11-14, "Staff
Review of Application for
Landmark Alteration
Certificate," B.R.C. 1981)
Landscape standards variance
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
Fuel Service Stations
Group Home Facilities
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
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
Geophysical exploration
permit
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
Lot line adjustments
Lot line elimination
Minor Subdivisions
Out of city utility permit
Rezoning
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Minor modification to
approved site plan
Minor modification to
approved form-based code
review
Noise barriers along major
streets per Paragraph 9-9-
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
Right-of-way lease
Setback variance
Site access variance
Solar exception
Zoning verification
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
Permit for Well and Pipeline
Abandonment or
Decommissioning of an Oil
and Gas Operations Use
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
Restaurants, Brewpubs, and
Taverns
Sales or Rental of Vehicles
on Lots Located 500 Feet or
Site review
Subdivisions
Use review
Vacations of street, alley, or
access easement
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Less from a Residential
Zoning District
Shelters (Day, Emergency,
Overnight, temporary)
Temporary Sales
Transitional Housing
Certain Uses in BC Areas
designated in Appendix N
Section 4. Section 9-2-2, “Administrative Review Procedures,” B.R.C. 1981, is amended
as follows:
9-2-2. Administrative Review Procedures.
(a) Purpose: Administrative review of projects will occur at various times in project
development to ensure compliance with the development standards of the city.
(b) Scope of Administrative Review: Every application found in this title that permits an
administrative review or action shall be subject to the following procedures. The list of
administrative reviews is found in columns I and II of Table 2-1 of this section. Any
reference that authorizes an action by the city manager that is not specifically identified
in column I or II of the chart shall be assumed to be an informal application procedure.
(c) Application Requirements:
(1) Informal Application: Those reviews not identified in column I or II of the chart
shall submit an application in the form of a letter addressed to the city manager.
(2) Formal Application: The administrative review requests found in columns I and II
shall be submitted on an application form provided by the city manager. No
application will be accepted until it is determined to be complete. This
determination will be made within five days of the submission of the application.
(3) Required Information: The letter or application shall include the information
required and address all criteria identified in the code section under which review
and action is sought or required.
(4) Additional Information: If, in the city manager's judgment, the application does
not contain sufficient information to permit an appropriate review, the manager
may request additional information from the applicant. This additional
information may include, without limitation, a written statement describing the
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
operating characteristics of proposed and existing uses and a site plan showing
dimensions, distances, topography, adjacent uses, location of existing and
proposed improvements, including but not limited to landscaping, parking, and
buildings.
(d) Conditional Use Reviews:
(1) Purpose: Conditional uses are uses which that are appropriate in a given zoning
district if the applicable specific use standardsconditional use criteria have been
satisfied. The requirements are intended to ensure that the use is compatible with
the surrounding area.
(2) Standards and Criteria: Conditional uses shall be permitted in a given zoning
district if the use meets the standards and criteria set forth in Sections 9-6-23
through 9-6-117, B.R.C. 1981, and other requirements of this code and any other
ordinance of the city. The standards and criteria set forth in Sections 9-6-3 2
through 9-6-117, B.R.C. 1981, cannot be met by using the variance process.
Conditional uses shall not be located on nonstandard lots except as otherwise
permitted.
(3) Review: Conditional uses are reviewed pursuant to the administrative review
procedures set forth in this section. The applicant shall demonstrate to the city
manager that the applicable standards and criteria have been satisfied.
(4) Violations: No person shall violate a provision of a conditional use approval.
(5) Expiration: Any conditional use review approval which that is not established
within one year of its approval, discontinued for at least one year, or replaced by
another use of land shall expire.
…..
Section 5. Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981, is amended as
follows:
9-2-3. Variances and Interpretations.
…..
(d) Board of Zoning Adjustment (BOZA): The BOZA may grant variances from the
requirements of:
…..
(6) The size requirements for accessory units of Subsection 9-6-43(am), B.R.C. 1981;
…..
(i) Floor Area Variances for Accessory Units: The BOZA may grant a variance to the
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
maximum floor area allowed for an attached accessory dwelling unit or for a detached
accessory dwelling unit under Subsection 9-6-43(am), B.R.C. 1981, only if it finds that
the application satisfies all of the following applicable requirements of either
Subparagraph (i)(1) or (i)(2):
…..
Section 6. Section 9-2-12, “Development Progress Required,” B.R.C. 1981, is amended
as follows:
9-2-12. Development Progress Required.
…..
(e) Rescission of Development Approval: If, after use review, site review, Planned
Development (PD), Planned Residential Development (PRD), or Planned Unit
Development (PUD) approval is granted pursuant to this chapter, the owner of property
desires to develop, instead, under the provisions of Chapters 9-6, “Use Standards,” 9-7,
“Form and Bulk Standards,” and 9-8, “Intensity Standards,” B.R.C. 1981, the owner may
request rescission of such use review, site review, PD, PRD or PUD approval by filing a
written request for rescission with the city manager. The manager will grant a rescission
of such use review, site review, PD, PRD, or PUD approval if no building permit has
been issued for the development and neither the city nor the developer has taken any
actions in detrimental reliance on the terms of the development agreement. The manager
may also rescind a site review, PD, PRD, or PUD approval if the existing or proposed
development complies with all the use, form, and intensity requirements of Chapters 9-6,
"Use Standards," 9-7, "Form and Bulk Standards," and 9-8, "Intensity Standards," B.R.C.
1981, and there is no substantial public benefit in maintaining the original approval. An
owner may also request a rescission of a use review or special review approval in order to
return the property to a use that is permitted as a matter of allowed by right, as a limited
use, or as a conditional use if it is able to meet all applicable standards for such use under
this title.
Section 7. Section 9-2-15, “Use Review,” B.R.C. 1981, is amended as follows:
9-2-15. Use Review.
…..
(b) Application Requirements: An application for an approval of a use review use may be
filed by any person having a demonstrable interest in land for which a use review use is
requested and shall be made on a form provided by the city manager that includes,
without limitation:
…..
(4) For industrial and commercial uses, the city manager may require the applicant to
provide the following additional information and meet the following
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
requirements:
…..
(G) The requirements specified in Section 9-6-127(b), B.R.C. 1981, related to
oil and gas operations.
…..
(h) Oil and Gas Operations: The criteria for review in subsection (e) shall not apply to an
application for oil and gas operations. An oil and gas operations use shall meet the
criteria set forth in Section 9-6-127(b), "Oil and Gas Operations," B.R.C. 1981. Any use
review approval for an oil and gas operations use shall expire, whether operational or not,
in ten years from the date of final approval. Prior to such expiration for an oil and gas
operations use, applicants will be responsible for submitting a new use review application
for an oil and gas operations use proposed for operation beyond ten years. Following
approval of any oil and gas operations use, the applicant shall have two years to obtain
the necessary permits to establish the use.
…..
Section 8. Section 9-3-10, “Airport Influence Zone,” B.R.C. 1981, is amended as
follows:
9-3-10. Airport Influence Zone.
…..
(c) City-Wide Restrictions:
…..
(3) Development Permits: No development permit shall be granted or approved that
would create a hazard or that would allow an existing structure or use to become a
greater hazard. Notwithstanding the provisions of this paragraph and subsection
9-6-95(cx), B.R.C. 1981, no person shall, on or after July 1, 1989, acquire any
vested right to maintain any hazard which the city manager may subsequently
determine to exist, nor shall the city be estopped from proceeding to remove such
hazard, under the procedure set forth in paragraph (c)(4) of this section.
…..
Section 9. Section 9-4-2, “Development Review Procedures,” B.R.C. 1981, is amended
as follows:
9-4-2. Development Review Procedures.
(a) Development Review Authority: Table 4-1 of this section summarizes the review and
decision-making responsibilities for the administration of the administrative and
development review procedures described in this chapter. The table is a summary tool
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and does not describe all types of decisions made under this code. Refer to sections
referenced for specific requirements. Form and bulk standards may also be varied
modified by site review. Additional procedures that are required by this code but located
in other chapters are:
(1) "Historic Preservation," chapter 9-11;
(2) "Inclusionary Housing," chapter 9-13; and
(3) "Residential Growth Management System," chapter 9-14.
TABLE 4-1: SUMMARY OF DECISION AUTHORITY BY PROCESS TYPE
Standard or Application Type Staff/City
Manager
BOZA Planning
Board
City Council
Code Interpretation
SECTION 9-2-3
D CA(14) CA(30) CA
Setback variance 20%
SECTION 9-2-3
D D — —
Setback variance >20%
SECTION 9-2-3
D — —
Parking access dimensions
SECTION 9-2-2
D — — —
Parking deferral
SECTION 9-2-2
D — — —
Parking reduction 25%
SECTION 9-2-2
D — — —
Parking reduction >25% but 50%
SECTION 9-2-2
D(14) — CA, D(30) CA
Parking reduction >50%
SUBSECTION 9-9-6(f)
— D(30) CA
Parking height, conditional
SECTION 9-7-6
D — — —
Building height, less than principal
or nonstandard building height max
SECTION 9-2-14
D(14) — CA, D(30) CA
Building height, greater than
principal building height max
SECTION 9-2-14
— — D(30) CA
Building height
SECTION 9-7-5
— — D(30) CA
Conditional Use
SECTION 9-2-1
D — — —
Limited Use
SECTION 9-6-2
D — — —
Site Review
SECTION 9-2-14
D(14) — CA, D(30) CA
Use Review
SECTION 9-2-15
D(14) — D(30) CA
Form-Based Code Review
SECTION 9-2-16
D(14) — CA, D(30) CA
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Annexation
SECTION 9-2-17
— — R D
Rezoning
SECTION 9-2-19
— — R D
Wetland Permit -Simple
SECTION 9-3-9
D — — —
Wetland Permit-Standard
SECTION 9-3-9
D(14) — D(30) CA
Extension of Dev't Approval 1 yr
PARAGRAPH 9-2-12(b)(1)
D — — —
Extension of Dev't Approval >1 yr
PARAGRAPH 9-2-12(b)(2)
— — D(30) CA
Rescission of Dev't Approval
SUBSECTION 9-2-12(e)
D — — —
Creation of Vested Rights >3 yrs
SECTION 9-2-20
— — R D
Floodplain Dev't Permit
SECTION 9-3-6
D(14) — CA(30) CA
Wetland Boundary change-Standard
SUBSECTION 9-3-9(e)
— — R D
Geophysical Exploration Permit
SECTION 9-6-127(b)
D(14) — CA(30) CA
Substitution of Nonconforming Use
SECTION 9-10-3
D — — —
Expansion of Nonconforming Use
SECTION 9-10-3
D(14) — CA(30) CA
Subdivision, prelim plat
SECTION 9-12-7
D — —D(30) —CA
Subdivision, final plat
SECTION 9-12-8
D(14) — CA(30) CA —
Subdivision, minor
SECTION 9-12-5
D(14) — CA(30) CA
Subdivision, LLA or LLE
SECTIONS 9-12-3 and 9-12-4
D — — —
Solar Exception
SUBSECTION 9-9-17(f)
D D — —
Solar Access Permit
SUBSECTION 9-9-17(h)
D D — —
Growth Mgmt. Allocations, Std.
SECTION 9-14-5
D — — —
Growth Mgmt. Allocations, 40 per
year
SUBSECTION 9-14-3(f)
D(14) — CA(30) CA
Accessory Bldg Coverage
SUBSECTION 9-7-8(a)
— D — —
Minor Modification of Discretionary
Approval
SUBSECTION 9-2-14(k)
D — — —
Minor Amendment of Discretionary
Approval
SUBSECTION 9-2-14(l)
D(14) — CA(30) CA
Amendment of Discretionary
Approval not involving height
SUBSECTION 9-2-14(m)
D(14) — CA, D(30) CA
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Amendment of Discretionary
Approval involving height
SECTION 9-2-14
— — D(30) CA
KEY:
D = Decision Authority CA = Call-Up and Appeal Authority
R = Recommendation only (n) = Maximum number of days for call-up or appeal
Section 10. Section 9-6-1, “Schedule of Permitted Land Uses,” B.R.C. 1981, through
Section 9-6-11, “Conditional Use and Use Review Standards – Business Community Areas
Designated in Appendix N,” B.R.C. 1981, are repealed and reenacted as follows:
9-6-1. Schedule of Permitted Land Uses.
The schedule in Table 6-1 shows the uses that are permitted, conditionally permitted, prohibited,
or that may be permitted through use review.
(a) Explanation of Table Abbreviations: The abbreviations and symbols 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
that zoning district, subject to compliance with any applicable specific use
standards set forth in this chapter.
(2) Conditional Uses: A "C" in a cell indicates that the use type will be reviewed in
accordance with the procedures established in Section 9-2-2, "Administrative
Review Procedures," B.R.C. 1981. Conditional use applications shall also meet any
applicable specific use standards set forth in this chapter.
(3) Use Review Uses: A "U" in a cell indicates that the use type will be reviewed in
accordance with the procedures established in Section 9-2-15, "Use Review,"
B.R.C. 1981. Use review applications shall also meet any applicable specific use
standards set forth in this chapter.
(4) Prohibited Uses: A hyphen ("-") in a cell indicates that the use type is prohibited in
that zoning district.
(5) Specific Use Standards: Cells containing bracket symbols (“[ ]”) indicate that there
are specific use standards associated with the use type in that district that must be
complied with. Regardless of whether or not a use is allowed by right, conditional
use, or use review, specific use standards may apply. The standards may require a
different review process or impose certain limitations. The applicable specific use
standards are identified and cross-referenced in the right-most column of Table 6-
1. Several specific use standards may apply to a use type. If there is any
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
inconsistency between the bracket designation in Table 6-1 and the specific use
standards in Chapter 9-6, the specific use standards shall control.
(b) Additional Standards:
(1) Uses are also subject to all other applicable requirements of this title.
(2) Additional Use Standards in Form-Based Code Areas or Overlay Districts:
(A) Uses in Form-Based Code Areas: Uses located on a lot or parcel
designated in Appendix L, "Form-Based Code Areas," are subject to the
requirements of this chapter, but may also be subject to additional use
standards pursuant to Appendix M, "Form-Based Code."
(B) Uses in Overlay Districts: Uses located on a lot or parcel located within an
overlay district designated in Chapter 9-3, “Overlay Districts,” B.R.C.
1981, are subject to the requirements of this chapter, but may also be
subject to additional use standards pursuant to the overlay district
standards described in that chapter.
(c) Structure of the Use Classification System: Land uses are organized according to a
three-tiered hierarchy consisting of use classifications, use categories, and use types. This
classification system is intended to provide a structure that groups similar uses together
for ease in locating or identifying a use and to simplify the classification of new uses.
(1) Use Classifications: Each use is grouped under one of these seven broad use
classifications: Residential Uses; Public, Institutional, and Community Uses;
Commercial Uses; Industrial Uses; Agricultural and Natural Resource Uses.
(2) Use Categories: Use categories are subgroups of uses in each classification that
have common functional or physical characteristics, such as the type and amount
of activity, types of goods, services, occupants or users/customers, or operational
characteristics.
(3) Use Types: Use types are the specific land uses that can be established in a zoning
district, such as duplex, restaurant, or building material sales.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(d) Interpretation: The city manager may decide questions of interpretation as to which use
type that a use not specifically listed in Table 6-1 is properly assigned to, based on
precedents, similar situations, and relative impacts. Upon written application, a city
manager interpretation as to which use type a use not specifically listed is properly
assigned to may be appealed to the BOZA pursuant to Section 9-2-3, “Variances and
Interpretations,” B.R.C. 1981. Any use not specifically listed in Table 6-1 of this section
is not allowed unless it is determined to be included in a use type as provided by this
section.
(e) Multiple Uses of Land Permitted and Accessory Uses: Allowed uses, conditional uses,
and uses permitted by use review may be located in the same building or upon the same
lot. Any use may be allowed as an accessory use if it meets the definition of an accessory
use.
TABLE 6-1: USE TABLE
A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited
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 Specific Use
Standards Use Module 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
RESIDENTIAL USES
Household Living
Duplex - A A A [A] A A - - [C] A A A [A] - [A] - [A] A A A [A] [U] [U] [A] U - 9-6-3(a), (b), (c)
9-6-2(c)
Dwelling unit, attached - A A A [A] A A [A] - [C] A A A [A] [A] [A] - [A] A A A [A] [U] [U] [A] U - 9-6-3(a), (b), (d)
9-6-2(c)
Dwelling unit, detached [A] [A] A A [A] [A] [A] - - [C] [A] [A] [A] [A] - [A] - [A] A A A - [U] [U] - [U] [U] 9-6-3(a), (b), (e)
9-6-2(c)
Efficiency living unit - - - - [U] [A] A - - [A] A A [A] [A] [A] [A] - [A] [A] [A] [A] [A] [U] [U] [A] U - 9-6-3(a), (b), (f)
9-6-2(c)
Live-work unit - - - - - - - - - - - - A - - - - - - - - U [U] [U] A - - 9-6-3(a), (b)
Mobile home park - U U - U U - - A - - - - - - - - - - - - - - - - - -
Townhouse - A A A [A] A A A - [C] A A A [A] - [A] - [A] A A A [A] [U] [U] [A] U - 9-6-3(a), (b), (g)
9-6-2(c)
Group Living
Boarding house - - U U A A A - - U A A [A] [A] [A] [A] - [A] - - A - [U] [U] - - - 9-6-3(h)
9-6-2(c)
Congregate care facility - - [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] - [U] [U] - [U] - 9-6-3(i)
Custodial care facility - - [U] [U] [U] [U] [U] [U] - [U] [U] [U] - [U] - [U] - [U] - [U] [U] - [U] [U] - - - 9-6-3(i)
Fraternity, sorority, and dormitory - - - - - A A - - U - - - [A] [A] [A] - [A] - - A - [U] [U] - - - 9-6-3(j)
9-6-2(c)
Group home facility [C] [C] [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] - - - - - - 9-6-3(k)
Residential care facility - - [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] - [U] [U] - - - 9-6-3(i)
Transitional housing [C] [C] [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] - 9-6-3(l)
Residential Accessory
Accessory dwelling unit [C] [C] - [C] [C] - - - - - - - - - - - - - - - - - - - - [C] [C] 9-6-3(m)
Caretaker dwelling unit - - - - - - - - - - - - - - - - - - - - - A A A A A A
Home occupation [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] - [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] 9-6-3(n)
PUBLIC AND INSTITUTIONAL USES
Community, Cultural, and Educational
Cemetery - - - - - - - - - - - - - - - - - - - - - - - - - A A
Club or lodge - - - - - - - - - - - - A U [A] A A A A A A - - - - U - 9-6-4(a)
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited
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 Specific Use
Standards Use Module 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
Community services - - - - - - - - - U U U C A [A] [A] A A [A] A A - U - U U - 9-6-4(b)
9-6-2(c)
Governmental facility U U U U U U U U U U U U A A A [A] A A A A A A A A A U - 9-6-2(c)
Hospital - - - - - - - - - - - - - - - - - - - - - - - - - A -
Museum - - - - - - - - - - - - A U A [A] A A A A A U U U U U - 9-6-2(c)
Open space, park, and recreation use A A A A A A A - A A A A A A A A A A A A A A A A A A A
Private college or university - - - - - - - - - - - - - U - A - A - U U - U U - A -
Private elementary, middle, or high school U U U U U A U - - U U U A A A A A A U A U - - - - - -
Public college or university A A A A A A A A A A A A A A A A A A A A A A A A A A -
Public elementary, middle, or high school A A A A A A A A A A A A A A A A A A A A A A A A A A -
Religious assembly A A A A U A A - - A U U A A A A A A A A A - - - - - -
Specialized instruction facility U U U - U U U - - U U U [A] A [A] [A] A A U A U [A] [A] [A] [A] A - 9-6-4(c)
9-6-2(c)
Care and Shelter
Daycare center [U] [U] [U] [U] [U] [U] [U] [U] [U] [U] [U] [U] [U] [C] [U] [C] [C] [C] [U] [C] [C] [U] [U] [U] [U] [U] [U] 9-6-4(d)
Daycare, home A A A A A A - - - - - - - - - - - - - - - - - - - - -
Day shelter - - [U] - [U] [C] [C] - - [U] [C] [U] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [U] - 9-6-4(e)
Emergency shelter [U] [U] [U] [U] [U] [C] [C] - - [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [U] - 9-6-4(e)
Overnight shelter - - [U] - [U] [C] [C] - - [U] [C] [U] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [U] - 9-6-4(e)
Infrastructure
Airport and heliport - - - - - - - - - - - - - - - - - - - - - - - - - U -
Essential municipal and public utility service U U U U U U U U U U U U A A A [A] A A A A A A A A A U U 9-6-2(c)
Wireless communications facility [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] 9-6-4(f)
COMMERCIAL USES
Food, Beverage, and Lodging
Bed and breakfast - - - - - [U] [C] - - [U] [C] [C] - - - - - - - - - - - - - - - 9-6-5(a)
Brewery, distillery, and winery - - - - - - - - - - - - - - - - - - - - - [A] [A] [A] [A] - - 9-6-5(b)
Commercial kitchen and catering - - - - - - - - - - - - A - - - U U U U U A A A A - -
Hostel - - - - - U U - - U A U [A] U [A] - - A [A] [A] U - U U - - - 9-6-5(c)
Hotel or motel - - - - - - - - - - - - U U U - - U A A U - - - - - -
Mobile food vehicle [A] - - - - - - - - [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] - 9-6-5(d)
Restaurant, brewpub, and tavern - - - - - U [A] - - [A] A [A] [A] U [A] [A] [A] [A] [A] [A] [C] [C] [C] [C] [C] [A] - 9-6-5(e)
Recreation and Entertainment
Art or craft studio - U U U U U U U - [A] [A] [A] A A A A A A A A A A A - A U - 9-6-5(f)
Campground - - - - - - - - - - - - - - - - - - - - - U U U - - U
Indoor athletic facility - [U] [U] [U] - U [A] - - [A] [A] [A] A [A] [A] A A A A A A U U U U - - 9-6-5(g)
Indoor commercial recreation - - - - - - - - - - - - U - U U U A U U U - - - - - -
Outdoor recreation or entertainment - - - - - - - - - - - - - U - U U U U U U - - - - U -
Small theater or rehearsal space - - - - - - - - - - - - U - U U U A U U U A A U A - -
Temporary event - - - - - - - - - - - - [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] - 9-6-5(h)
Office Uses
Medical laboratory - - - - - - [A] - - [A] [A] [A] [A] [A] [A] [A] A [A] - - - U A - U - - 9-6-5(i), (j)
9-6-2(c)
Offices, administrative - - - - - - - - - - - - [C] [A] [A] [A] [A] [A] [A] A A - A A - - - 9-6-5(i), (k)
9-6-2(c)
Office, medical - U U U - U U - - [A] U U [A] [A] [A] [A] [A] [A] [A] A A - [C] - - U - 9-6-5(i), (l)
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited
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 Specific Use
Standards Use Module 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
9-6-2(c)
Office, professional - U U U U U [A] - - [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] A A - - - - - - 9-6-5(i), (m)
9-6-2(c)
Office, technical - U U U U U [A] - - [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] A A [A] A A A - - 9-6-5(i), (n)
9-6-2(c)
Retail Sales Uses
Accessory sales - - - - - A A - - A A A A A A A A A A A A A A A A A -
Building material sales - - - - - - - - - - - - - - - [U] - U - - - [A] [A] [A] [A] - - 9-6-5(o)
Convenience retail sales - [U] [U] [U] - U [A] - - [A] [A] [A] A A A A A A - A A A A - A - - 9-6-5(p)
Fuel sales - [U] [U] [U] - [U] [U] - - [U] [U] [U] [C] [U] [C] [C] [U] [C] - [U] [U] [C] [C] - [U] - - 9-6-5(q)
Retail sales - - - - - - - - - [U] - [U] [A] - [A] [A] A A A A [A] - - - - - - 9-6-5(r)
Service Uses
Animal hospital or veterinary clinic - - - - - - - - - - - - U U U A U A - - U A A A U - -
Animal kennel - - - - - - - - - - - - U - U U A U - - - A A U A - -
Broadcasting and recording facility - U U - U U U - - [A] [A] [A] A A [A] [A] A A A A A A A A A - - 9-6-5(s)
9-6-2(c)
Business support service - - - - - - - - - - - - [A] - [A] [A] A A A A A [A] U U [A] - - 9-6-5(t)
9-6-2(c)
Financial institution - - - - - - [A] - - [A] [A] [A] [A] U [A] [A] A A [A] [A] [A] - - - - - - 9-6-5(u)
9-6-2(c)
Industrial service center - - - - - - - - - - - - - - - - - - - - - - [C] [C] - - - 9-6-5(v)
Mortuary and funeral chapel - - - - - - - - - - - - U U U U U U - - U - - - - - -
Non-vehicular repair and rental service - - - - - - - - - - - - - - - [U] [A] [U] [U] [U] [U] [A] [U] - [A] - -
Neighborhood business center - [U] [U] - - [U] [U] - - - - - - - - - - - - - - - - - - - - 9-6-5(w)
Personal service use - U U U - U A U U A A A A A A A A A A A A - - - - - -
Vehicle-Related
Car wash - - - - - - - - - - - - - - - U A U U U U - - - - - -
Drive-thru use - - - - - - - - - - - - - - - [U] [U] [U] [U] [U] [U] - - - - - - 9-6-5(x)
Fuel service station - - - - - - - - - - - - [U] [U] [U] [C] [U] [C] - [U] [U] [C] [C] - [U] - - 9-6-5(y)
Principal parking facility U U U U U U U U U U U U U U U [A] U U - [U] [U] A A A U U - 9-6-5(z)
9-6-2(c)
Sales or rental of vehicles - - - - - - - - - - - - - - - [U] [A] [U] - - - [A] [A] - - - - 9-6-5(aa)
Service of vehicles - - - - - - - - - - - - [U] - [U] U [A] U - - - A A [A] A - - 9-6-5(bb)
INDUSTRIAL USES
Storage, Distribution, and Wholesaling
Cold storage locker - - - - - - - - - - - - - - - - U U U U U A A A A - -
Outdoor display of merchandise - - - - - - - - - - - - - - - [A] - [A] - - - [A] [A] [A] [A] - - 9-6-6(a)
Outdoor storage - - - - - - - - - - - - - - - - - - - - - A U A - - -
Self-service storage facility - - - - - - - - - - - - - - - - - - - - - A U - - - -
Warehouse or distributions facility - - - - - - - - - - - - - - - - - - - - - A A A A - -
Wholesale business - - - - - - - - - - - - A - - - - - - - - A A A A - -
Production and Processing
Manufacturing use - - - - - - - - - - - - [A] - - - [A] - - - - [A] A A A - - 9-6-6(b)
Manufacturing use with potential off-site impacts - - - - - - - - - - - - - - - - - - - - - - [U] [U] - - - 9-6-6(c)
Recycling center - - - - - - - - - - - - - - - - - - - - - U U U U - -
Recycling collection facility - large - - - - - - - - - - - - - - - [U] [U] [U] - - - [U] [U] [U] [U] [U] - 9-6-6(d)
Recycling collection facility - small - - - - - - - - - - - - [C] - [C] [C] [C] [U] [U] [U] [U] [C] [C] [C] [C] [C] - 9-6-6(e)
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited
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 Specific Use
Standards Use Module 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
Recycling processing facility - - - - - - - - - - - - - - - - - - - - - [U] [U] [U] - [U] - 9-6-6(f)
Industrial Services
Building and landscaping contractor - - - - - - - - - - - - - - - - A - - - - A A A A - -
Cleaning and laundry plant - - - - - - - - - - - - - - - - - - - - - A A A A - -
Equipment repair and rental - - - - - - - - - - - - - - - U A U U U U A A A A - -
Lumber yard - - - - - - - - - - - - - - - - - - - - A A - - - -
Printer and binder - - - - - - - - - - - - - - - - - - - - - A A A A - -
AGRICULTURE AND NATURAL RESOURCE USES
Community garden [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] 9-6-7(a)
Crop production A A A A A A A A A A A A - - - - - - - - - - - - - A A
Firewood operation - - - - - - - - - - - - - - - - - - - - - A A A - - -
Greenhouse and plant nursery - - - - - - - - - - - - - - - - - - - - - A A A A A A
Mining industries - - - - - - - - - - - - - - - - - - - - - - - U - - U
Oil and gas operations - - - - - - - - - - - - - - - - - - - - - - - [U] - - [U] 9-6-7(b)
Pasture - - - - - - - - - - - - - - - - - - - - - - - - - A A
ACCESSORY USES
Accessory building or use A A A A A A A A A A A A A A A A A A A A A A A A A A A
9-6-2. Specific Use Standards – General.
(a) Purpose: The purpose of this chapter is to set forth additional requirements for specified
uses of land. The requirements are intended to ensure that the use is compatible with the
surrounding area.
(b) Scope: Specific use standards are the standards contained in Sections 9-6-2 through 9-6-
7, B.R.C. 1981. Specific use standards apply as follows:
(1) Allowed Uses: Uses that are permitted by right and are subject to specific use
standards in this chapter shall be established, operated, and maintained in
compliance with any applicable specific use standards. The establishment of these
uses is not subject to a review procedure.
(2) Conditional Uses: Uses that may be approved as a conditional use are uses that are
appropriate in a given zoning district if the applicant demonstrates that the use
meets the applicable specific use standards of this chapter. Conditional uses will be
reviewed pursuant to the procedures in Section 9-2-2, "Administrative Review
Procedures," B.R.C. 1981.
(3) Use Review Uses: Uses that require a use review are uses that are suitable in a
location if the applicant demonstrates that the use meets the use review criteria in
Section 9-2-15, "Use Review," B.R.C. 1981, and the applicable specific use
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
standards of this chapter. Use reviews will be reviewed pursuant to the procedures
in Section 9-2-15, B.R.C. 1981.
(c) Specific Use Standards that Apply to Several Use Types: The specific use standards in
this chapter are generally organized by use classification, use category, and use type.
Some specific use standards apply to several use types that are part of different use
classifications and use categories. Such standards that apply to use types within different
classifications are set forth within this subsection (c).
(1) Specific Use Standards for Uses in the BC Zoning Districts:
(A) Review Process: In the BC-1 and BC-2 zoning districts, the following
standards apply to the uses listed in Table 6-2:
TABLE 6-2: USES WITH SPECIFIC USE STANDARDS IN THE BC-1 AND BC-2
ZONING DISTRICTS
Residential Uses Nonresidential Uses
Household
Living
Duplex Public and
Institutional
Essential municipal and public utility service
Dwelling unit, attached Governmental facility
Dwelling unit, detached Community services
Efficiency living unit Specialized instruction facility
Townhouse Commercial Broadcasting and recording facility
Group Living Fraternity, sorority, and dormitory Business support service
Boarding house Financial institution
Medical laboratory
Museum
Office, administrative
Office, medical
Office, professional
Office, technical
Principal parking facility
(i) Allowed Use: The uses listed in Table 6-2 are allowed by right
unless the use is located within an area designated in Appendix N
"Business Community (BC) Areas Subject to Special Use
Restrictions."
(ii) Conditional Use: If located in one of the mapped areas in
Appendix N, the use may be approved as a conditional use if it
meets all of the following standards:
a. The use shall not be located on the ground floor, with the
exception of minimum necessary ground level access.
b. The combined floor area of any nonresidential uses in Table
6-2 shall be limited to ten percent of the total floor area on
the lot or parcel except that if the use is located within an
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
approved site review or planned unit development, the
combined floor area of any nonresidential uses subject to this
section shall be limited to ten percent of the total floor area
within the boundaries of the site review or planned unit
development approval.
c. A principal use of any automobile parking lot or garage shall
be a park and ride facility.
(iii) Use Review: A use that is not allowed by right or as a conditional
use may be approved only pursuant to a use review. In addition to
meeting the use review criteria, the applicant shall demonstrate that
the use on the ground floor or with a combined floor area larger
than ten percent of the total floor area, as applicable, will not
adversely affect the intended function and character of the area as a
neighborhood serving business area where retail-type stores
predominate on the ground floor. In determining whether this
criterion is met, the reviewing authority shall consider the location
and design of the proposed use and the existing and approved uses
on the lot or parcel and in the area.
9-6-3. Specific Use Standards – Residential Uses.
(a) Residential Uses:
(1) This subsection (a) sets forth standards for uses in the residential use classification
that are subject to specific use standards pursuant to Table 6-1, Use Table.
(2) Residential Uses in the IG and IM Zoning Districts: The following standards apply
in the IG and IM zoning districts to residential uses that may be approved pursuant
to a use review:
(A) Application Requirements: An applicant 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 Section 9-2-15, "Use Review," B.R.C. 1981, the applicant
shall provide the following information:
(i) Environmental Assessment: A report that addresses each of the
items required by the American Society for Testing and Materials
Standards (ASTM) E-1527 and E-1528. The report shall be current
and with a completion date within five years of the date of
application.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(ii) Contiguity Map: A map that demonstrates that the proposed
residential development meets the contiguity requirements of
Subparagraph (a)(2)(B) of this section.
(B) Location Within the Industrial Districts: Dwelling units may be
constructed if located on a parcel that has at least one-sixth of the
perimeter of the parcel contiguous with a residential use that includes one
or more dwelling units or if contiguous to a residential zone or to a City-
or county-owned park or open space. Contiguity shall not be affected by
the existence of a platted street or alley, a public or private right-of-way or
a public or private transportation right-of-way or area. If a parcel meets
this standard, the approving authority shall presume that the standard in
Paragraph 9-2-15(e)(5), B.R.C. 1981, has been met.
(C) Residential and Nonresidential Uses Within a Project: If residential uses
are to be placed on the property, the entire property shall be used
exclusively for residential purposes except as otherwise provided in this
paragraph. Nonresidential uses are permitted, provided that site design is
approved pursuant to the site review criteria in Section 9-2-14, "Site
Review," B.R.C. 1981, in order to ensure that the site design and building
layout will result in compatibility among uses or to mitigate potential
impacts between such uses.
(D) Limited Retail Uses Permitted: Convenience store, personal service, or
restaurant uses may be permitted as accessory uses to a residential
development permitted by this subsection if all of the following standards
are met:
(i) Each convenience store, personal service, or restaurant use does
not exceed two thousand five hundred square feet in floor area, and
in the case of restaurants, such restaurants shall close no later than
11:00 p.m. unless otherwise approved in a city review process.
(ii) The total amount of floor area used for all of the convenience
store, personal service, or restaurant uses does not exceed five
percent of the total residential floor area of the development.
(iii) The uses are permitted only if development is located no closer
than one thousand three hundred twenty feet from another property
that is described as a business district in Section 9-5-2, "Zoning
Districts," B.R.C. 1981, or another convenience store, personal
service, or restaurant use in another development created pursuant
to this subsection.
(E) Bulk and Density Requirements: All residential development shall be
subject to the bulk and density standards set forth in Section 9-7-1,
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"Schedule of Form and Bulk Standards," B.R.C. 1981, and the
landscaping for the underlying zoning district, except as modified by the
following:
(i) Lot Size: The minimum lot size shall be at least two acres. Projects
over five acres shall also be required to complete a site review
pursuant to Section 9-2-14, "Site Review," B.R.C. 1981.
(ii) Side Yard Adjacent to a Street: The minimum side yard landscaped
setback from a street for all buildings that contain residential uses
shall be twenty feet.
(iii) Interior Side Yard: The minimum side yard setback from an
interior lot line for all principal buildings and uses shall be twenty
feet. If an existing building is converted to residential uses, the side
yard setback may be reduced to twelve feet for the existing portion
of the building.
(iv) Floor Area Ratios: The floor area regulations for the underlying
zoning district classification shall only apply to the nonresidential
floor area on the site.
(v) Open Space: If the site is not located within the service area of a
neighborhood park, as identified in the Parks and Recreation
Master Plan, a minimum of forty percent of the required usable
open space shall be configured as a common contiguous area that
will provide for the active and passive recreational needs of the
residents.
(vi) Setbacks from Existing Oil and Gas Operations: The use is located
no closer than two thousand feet from a well pad of an existing
single-well oil and gas operations use in pre-production, no closer
than two thousand five hundred feet from any well pad of an
existing multi-well (two or more) oil and gas operations use in pre-
production, and no closer than five hundred feet from any well pad
of an existing oil and gas operations use in production. The use is
located no closer than two hundred fifty feet from any oil and gas
operations use that is capped and abandoned pursuant to the
requirements of Section 9-6-7(b)(15), B.R.C. 1981.
(F) Buffers From Adjacent Land Uses: The applicant shall provide visual
screening, which may include, without limitation, walls, fences,
topographic changes, horizontal separation, or plantings for those areas
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that are adjacent to loading docks, truck or other delivery vehicle ingress
or egress areas, dumpsters or other recycling vessels and outdoor storage
areas.
(G) Environmental Suitability: The applicant shall demonstrate that the
proposed use will not be affected by any adverse health or safety impacts
associated with potential on-site pollution or contamination beyond that
which is customarily acceptable for land that is used for residential
purposes. This shall be demonstrated through the use of the environmental
assessment required to be submitted with the application. If such
environmental assessment identifies any potential adverse health or safety
impacts on future residents of the site, the applicant shall also be required
to submit further assessments that demonstrate that such concerns are not
present or submit a plan for the mitigation measures that are necessary to
alleviate any adverse impacts to public health, safety, and welfare.
(H) Construction Standards for Noise Mitigation: The applicant shall utilize
construction standards that will achieve an interior day-night average
noise level of no more than forty-five decibels, anticipating potential
exterior day-night average industrial noise levels of seventy-three decibels
measured at the property line. Such standards shall be in compliance with
Chapter 10-5, "Building Code," B.R.C. 1981. Noise shall be measured in a
manner that is consistent with the federal Housing and Urban
Development's standards in Sections 24 CFR §§ 51.100 to 51.106 for the
"measure of external noise environments," or similar standard adopted by
the city manager in the event that such rule is repealed. The applicant shall
provide written certification prior to the issuance of a certificate of
occupancy that the sound abatement and attenuation measures were
incorporated in the construction and site design as recommended by a
professional engineer.
(I) Declaration of Use Required: Before receiving a building permit, all
owners shall sign a declaration of use, including all the conditions for
continued use, to be recorded in the office of the Boulder County Clerk
and Recorder to serve as actual and constructive notice to potential
purchasers and tenants of the owner's property status as a residential use
within an industrial zoning district classification.
(J) Modification of Standards: The approving authority is authorized to
modify the standards set forth in Section 9-2-14, "Site Review," B.R.C.
1981, or Subparagraphs (a)(2)(E), (F), (G) and (H) of this subsection,
upon finding that:
(i) The strict application of these standards is not possible due to
existing physical conditions;
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(ii) The modification is consistent with the purpose of the section; and
(iii) The modification is the minimum modification that would afford
relief and would be the least modification of the applicable
provisions of this chapter.
(iv) The city manager shall require that a person requesting a
modification supply the information necessary to substantiate the
reasons for the requested modification.
HOUSEHOLD LIVING
(b) Household Living Uses:
(1) This subsection (b) sets forth specific use standards that apply to uses listed in the
household living use category of Table 6-1, Use Table.
(2) Household Living Uses in the RMX-2 Zoning District: The following standards
apply in the RMX-2 zoning district to uses in the household living use category that
are allowed by right:
(A) Minimum Number of Housing Types: No person shall develop land in the
RMX-2 zoning district with household living uses, with the exception of
mobile home parks, unless the following housing types are provided:
(i) For lots or parcels one acre or less, at least one housing type;
(ii) For lots or parcels that are greater than one acre but less than five
acres, at least two housing types; and
(iii) For lots or parcels that are five acres or more, at least three housing
types. The minimum number of any housing type for lots or
parcels that are more than five acres shall be five dwelling units.
(B) Maximum Percentage of Any One Housing Type: No person shall develop
a lot or parcel of one acre or more with more than fifty percent of any one
housing type in the RMX-2 zoning district. This standard does not apply
to mobile home parks.
(3) Household Living Uses in the MU-3 Zoning District:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(A) Applicability: The following standards apply in the MU-3 zoning district
to uses in the household living use category that front onto Pearl Street
and may be approved as a conditional use:
(i) The first floor above the finished grade at the street level fronting
onto Pearl Street shall be constructed to permit a portion of the first
floor as specified in Subparagraph (b)(3)(A)(ii) to be used for a
restaurant, brewpub, or tavern use, personal service use, or retail
sales use that is permitted in the MU-3 zoning district.
(ii) The nonresidential spaces shall have a minimum depth of twenty
feet measured from the front of the building along the Pearl Street
frontage to the inside wall opposite of the street frontage. Building
entries for uses above the first floor may be permitted to the extent
necessary to provide access.
(iii) Additional parking will not be required to be provided for the floor
area that is necessary to meet the required minimum depth of the
first-floor nonresidential use. All floor area beyond the required
minimum depth shall meet the parking requirements of Section 9-
9-6, "Parking Standards," B.R.C. 1981.
(iv) The nonresidential space required by this section shall be used as a
nonresidential principal use as permitted by Section 9-6-1,
"Schedule of Permitted Land Uses," B.R.C. 1981, and not be used
for any residential principal or accessory uses.
(v) No existing nonresidential space fronting onto Pearl Street shall be
converted to residential space inconsistent with this paragraph.
(vi) The first floor frontage requirements for nonresidential uses of this
section and the requirements for window location, door location,
and minimum lot frontage in "Table 7-1: Form and Bulk
Standards" may be modified for an individual landmark or a
building within a historic district that has received a landmark
alteration certificate as required by Chapter 9-11, "Historic
Preservation," B.R.C. 1981.
(c) Duplex:
(1) In the BT-1, BT-2, IS-1, and IS-2 Zoning Districts:
(A) Review Process: In the BT-1, BT-2, IS-1, and IS-2 zoning districts, a
duplex is allowed by right if the use is not located on the ground floor
facing a street, with the exception of minimum necessary ground level
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
access. A duplex that is not allowed by right may be approved only
pursuant to a use review.
(2) In the BR-1 and BR-2 Zoning Districts:
(A) Review Process: In the BR-1 and BR-2 zoning districts, the following
review process applies to duplexes:
(i) Allowed Use: A duplex is allowed by right if the use meets the
following standards:
a. All units on the lot or parcel are permanently affordable units
meeting the requirements in Chapter 9-13, "Inclusionary
Housing," B.R.C. 1981; or
b. 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.
(ii) Use Review: A duplex that is not allowed by right may be
approved only pursuant to a use review.
(3) In the IMS Zoning District:
(A) Review Process: In the IMS zoning district, a duplex is allowed by right if
at least fifty percent of the floor area of the building is for nonresidential
use. A duplex that is not allowed by right may be approved only pursuant
to a use review.
(d) Dwelling Unit, Attached:
(1) In the RH-6 Zoning District:
(A) In the RH-6 zoning district, attached dwelling units shall be located in a
development that includes townhouse dwelling units. Attached dwelling
units may only be located on a corner that has street frontage on two sides.
(2) In the BT-1, BT-2, IS-1, and IS-2 Zoning Districts:
(A) Review Process: In the BT-1, BT-2, IS-1, and IS-2 zoning districts,
attached dwelling units are allowed by right if the use is not located on the
ground floor facing a street, with the exception of minimum necessary
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ground level access. Attached dwelling units that are not allowed by right
may be approved only pursuant to a use review.
(3) In the BMS Zoning District:
(A) Review Process Outside UHGID: Attached dwelling units located in the
BMS zoning district and outside the University Hill general improvement
district are 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. Attached dwelling units that are not allowed by right may be
approved only pursuant to a use review.
(B) Review Process Within UHGID: Attached dwelling units located in the
BMS zoning district and within the University Hill general improvement
district are subject to the following review process:
(i) Conditional Use: Attached dwelling units may be approved as a
conditional use if the units meet the following standards:
a. The units are all permanently affordable units meeting the
requirements in Chapter 9-13, "Inclusionary Housing,"
B.R.C. 1981; and
b. With the exception of minimum necessary ground level
access, the use is not located on the ground floor facing a
street.
(ii) Use Review: Attached dwelling units that may not be approved as
a conditional use may be approved only pursuant to a use review.
(4) In the BR-1 and BR-2 Zoning Districts:
(A) Review Process: In the BR-1 and BR-2 zoning districts, the following
review process applies to attached dwelling units:
(i) Allowed Use: Attached dwelling units are allowed by right if the
use meets the following standards:
a. All units on the lot or parcel are permanently affordable units
meeting the requirements in Chapter 9-13, "Inclusionary
Housing," B.R.C. 1981; or
b. 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
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
major street applies to a depth of 30 feet measured from the
building's major street facing façade.
(ii) Use Review: Attached dwelling units that are not allowed by right
may be approved only pursuant to a use review.
(5) In the IMS Zoning District:
(A) Review Process: In the IMS zoning district, attached dwelling units are
allowed by right if at least fifty percent of the floor area of the building is
for nonresidential use. Attached dwelling units that are not allowed by
right may be approved only pursuant to a use review.
(e) Dwelling Unit, Detached:
(1) In the RR-1, RR-2, RE, RL-1, RL-2, RM-2, P, and A Zoning Districts:
(A) Applicability: In the RR-1, RR-2, RE, RL-1, RL-2, RM-2, P, and A
zoning districts, the following standards apply to a detached dwelling unit
with two kitchens that may be approved as a conditional use or pursuant to
a use review:
(i) Second Kitchen Shall Not Create an Additional Dwelling Unit:
The second kitchen shall be incidental to occupancy of the entire
house in common by all occupants and shall not be designed or
used to create or allow for the creation of a second dwelling unit.
In determining whether the second kitchen creates or may create an
additional dwelling unit, the city manager shall consider whether
the proposed kitchen can be separated from the remainder of the
dwelling unit, with other rooms, including a bathroom, with a
separate exterior access.
(ii) Owner Occupied: The detached dwelling unit within which the
second kitchen is located is actually and physically occupied as a
principal residence by at least one owner of record of the lot or
parcel upon which the detached dwelling unit is located who
possesses at least an estate for life or a fifty-percent fee simple
ownership interest.
(iii) Agreement Required: If such use is approved, the city manager and
the property owner shall record an agreement with the Boulder
County Clerk and Recorder, whereby the property owner
acknowledges and agrees that the dwelling unit shall only be used
as a single dwelling unit and in compliance with the conditional
use approval. The agreement shall also bind the owner and
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
occupants and the owner's heirs, successors-in-interest, assigns and
lessees.
(2) In the RH-1, RH-2, RH-3, RH-4, RH-5, RH-7, MU-1, MU-2, and MU-4 Zoning
Districts:
(A) Review Process: In the RH-1, RH-2, RH-3, RH-4, RH-5, RH-7, MU-1,
MU-2, and MU-4 zoning districts, the following review process applies to
detached dwelling units:
(i) Allowed Use: A detached dwelling unit is allowed by right if it
existed on the lot or parcel on August 6, 2019, or where more than
one dwelling unit is on the lot or parcel. 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.
(ii) Use Review: A new detached dwelling unit that is not allowed by
right may be approved pursuant to a use review if the approving
authority finds that:
a. The use meets the use review criteria in Paragraphs 9-2-
15(e)(1), (3), (4), and (5), "Use Review," B.R.C. 1981;
b. The dwelling unit is designed to create pedestrian interest
through design elements such as design detail, location of
building frontages, location of entrances and windows, and
front porches; and
c. The dwelling unit is located in an area where detached
dwelling units predominate.
(3) In the BT-1 and BT-2 Zoning Districts:
(A) Review Process: In the BT-1 and BT-2 zoning districts, a detached
dwelling unit is 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. A detached dwelling unit that is not allowed by right may be
approved only pursuant to a use review.
(4) In the BR-1 and BR-2 Zoning Districts:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(A) Review Process: In the BR-1 and BR-2 zoning districts, the following
review process applies to detached dwelling units:
(i) Allowed Use: A detached dwelling unit is allowed by right if the
use meets the following standards:
a. All units on the lot or parcel are permanently affordable units
meeting the requirements in Chapter 9-13, "Inclusionary
Housing," B.R.C. 1981; or
b. 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.
(ii) Use Review: A detached dwelling unit that is not allowed by right
may be approved only pursuant to a use review.
(f) Efficiency Living Unit:
(1) In the RMX-2 Zoning District:
(A) In the RMX-2 zoning district, efficiency living units shall not exceed 40
percent of total units in a building.
(2) In the RH-1, RH-2, RH-4, RH-5, MU-4, BT-1, BT-2, DT-4, DT-5, DT-1, DT-2,
and DT-3 Zoning Districts:
(A) Review Process: In the RH-1, RH-2, RH-4, RH-5, MU-4, BT-1, BT-2,
DT-4, DT-5, DT-1, DT-2, and DT-3 zoning districts, efficiency living
units are allowed by right if less than 40 percent of total units in the
building are efficiency living units. Efficiency living units that are not
allowed by right may be approved only pursuant to a use review.
(3) In the MU-3 Zoning District:
(A) Review Process: In the MU-3 zoning district, the following review process
applies to efficiency living units:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(i) Allowed Use: Efficiency living units are allowed by right if less
than 40 percent of total units in the building are efficiency living
units, at least fifty percent of the floor area of the building is for
residential uses, and the total floor area of nonresidential uses in
the building is less than 7,000 square feet.
(ii) Use Review: Efficiency living units that are not allowed by right
may be approved only pursuant to a use review.
(4) In the BMS Zoning District:
(A) Review Process Outside UHGID: Efficiency living units located in the
BMS zoning district and outside the University Hill general improvement
district are allowed by right if less than 40 percent of total units in the
building are efficiency living units and the use is not located on the ground
floor facing a street, with the exception of minimum necessary ground
level access. Efficiency living units that are not allowed by right may be
approved only pursuant to a use review.
(B) Review Process Within UHGID: The following review process applies to
efficiency living units located in the BMS zoning district and within the
University Hill general improvement district:
(i) Conditional Use: Efficiency living units may be approved as a
conditional use if less than 40 percent of total units in the building
are efficiency living units, the units are permanently affordable
units meeting the requirements in Chapter 9-13, “Inclusionary
Housing,” B.R.C. 1981, and the use is not located on the ground
floor facing a street.
(ii) Use Review: Efficiency living units that may not be approved as a
conditional use may be approved only pursuant to a use review. In
addition to meeting the use review criteria, the units must be
permanently affordable units meeting the requirements in Chapter
9-13, “Inclusionary Housing,” B.R.C. 1981.
(5) In the BC-1 and BC-2 Zoning Districts:
(A) Review Process: In the BC-1 and BC-2 zoning districts, efficiency living
units are allowed by right if less than 40 percent of total units in the
building are efficiency living units. Efficiency living units that are not
allowed by right may be approved only pursuant to a use review.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(6) In the BR-1 and BR-2 Zoning District:
(A) Review Process: In the BR-1 and BR-2 zoning districts, the following
review process applies to efficiency living units:
(i) Allowed Use: Efficiency living units are allowed by right if the use
meets the following standards:
a. Less than 40 percent of total units in the building are
efficiency living units and:
1. All units on the lot or parcel are permanently
affordable units meeting the requirements in Chapter
9-13, "Inclusionary Housing," B.R.C. 1981; or
2. 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.
(ii) Use Review: Efficiency living units that are not allowed by right
may be approved only pursuant to a use review.
(7) In the IS-1 and IS-2 Zoning Districts:
(A) Review Process: In the IS-1 and IS-2 zoning districts, efficiency living
units are allowed by right if less than 40 percent of total units in the
building are efficiency living units and the use is not located on the ground
floor facing a street, with the exception of minimum necessary ground
level access. Efficiency living units that are not allowed by right may be
approved only pursuant to a use review.
(8) In the IMS Zoning District:
(A) Review Process: In the IMS zoning district, efficiency living units are
allowed by right if less than 40 percent of total units in the building are
efficiency living units and at least fifty percent of the floor area of the
building is for nonresidential use. Efficiency living units that are not
allowed by right may be approved only pursuant to a use review.
(g) Townhouse:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1) In BT-1, BT-2, IS-1, and IS-2 Zoning Districts:
(A) Review Process: In the BT-1, BT-2, IS-1, and IS-2 zoning districts, a
townhouse is 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. A townhouse that is not allowed by right may be approved only
pursuant to a use review.
(2) In the BR-1 and BR-2 Zoning Districts:
(A) Review Process: In the BR-1 and BR-2 zoning districts, the following
review process applies to townhouses:
(i) Allowed Use: A townhouse is allowed by right if the use meets the
following standards:
a. All units on the lot or parcel are permanently affordable units
meeting the requirements in Chapter 9-13, "Inclusionary
Housing," B.R.C. 1981; or
b. 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.
(ii) Use Review: A townhouse that is not allowed by right may be
approved only pursuant to a use review.
(3) In the IMS Zoning Districts:
(A) Review Process: In the IMS zoning district, a townhouse is allowed by
right if at least fifty percent of the floor area of the building is for
nonresidential use. A townhouse that is not allowed by right may be
approved only pursuant to a use review.
GROUP LIVING
(h) Boarding House:
(1) In the MU-4, BT-1, BT-2, and BMS Zoning Districts:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(A) Applicability: In the MU-4, BT-1, BT-2, and BMS zoning districts, a
boarding house shall meet the following standards:
(i) Review Process: A boarding house is 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. A boarding house that
is not allowed by right may be approved only pursuant to a use
review.
(ii) General Standard: The use shall not be located in the University
Hill general improvement district.
(2) In the BR-1 and BR-2 Zoning Districts:
(A) Review Process: In the BR-1 and BR-2 zoning districts, the following
review process applies to boarding houses:
(i) Allowed Use: A boarding house is allowed by right if the use
meets the following standards:
a. All units on the lot or parcel are permanently affordable units
meeting the requirements in Chapter 9-13, "Inclusionary
Housing," B.R.C. 1981; or
b. 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.
(ii) Use Review: A boarding house that is not allowed by right may be
approved only pursuant to a use review.
(i) Congregate Care Facilities, Custodial Care Facilities, and Residential Care
Facilities:
(1) Applicability: This subsection (i) sets forth standards for congregate care facilities,
custodial care facilities, and residential care facilities that are subject to specific use
standards pursuant to Table 6-1, Use Table.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(2) Standards: The following standards apply to any such facility that may be approved
as a conditional use or pursuant to a use review:
(A) For purposes of density limits in Section 9-8-1, "Schedule of Intensity
Standards," B.R.C. 1981, and occupancy limits, six occupants, including
staff, in any custodial, residential, or congregate care facility constitute
one dwelling unit, but the city manager may increase the occupancy of a
residential care facility to eight occupants, including staff, if:
(i) The floor area ratio for the facility complies with standards of the
Colorado State Departments of Health and Social Services and
Chapter 10-2, "Property Maintenance Code," B.R.C. 1981; and
(ii) Off-street parking is appropriate to the use and needs of the facility
and the number of vehicles used by its occupants, regardless of
whether it complies with other off-street parking requirements of
this chapter.
(B) In order to prevent the potential creation of an institutional setting by
concentration of custodial, residential or congregate care facilities in a
neighborhood, no custodial, residential, or congregate care facility may
locate within seven hundred fifty feet of another custodial, residential, or
congregate care facility, but the approving agency may permit two such
facilities to be located closer than seven hundred fifty feet apart if they are
separated by a physical barrier, including, without limitation, an arterial
collector, a commercial district or a topographic feature that avoids the
need for dispersal. The planning department will maintain a map showing
the locations of all custodial, residential, or congregate care facilities in
the city.
(3) In the BMS Zoning District:
(A) Review Process: In the BMS zoning district, congregate care facilities,
custodial care facilities, and residential care facilities may be approved as
a conditional use if the use is not located on the ground floor facing a
street, with the exception of minimum necessary ground level access.
Congregate care facilities, custodial care facilities, or residential care
facilities that may not be approved as a conditional use may be approved
only pursuant to a use review.
(4) In the BC-1 and BC-2 Zoning Districts:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(A) Review Process: In the BC-1 and BC-2 zoning districts, the following
review process applies to congregate care facilities, custodial care
facilities, and residential care facilities:
(i) Conditional Use: Congregate care facilities, custodial care
facilities, or residential care facilities shall not be located on the
ground floor, with the exception of minimum necessary ground
level access.
(ii) Use Review: Congregate care facilities, custodial care facilities, or
residential care facilities that may not be approved as a conditional
use may be approved only pursuant to a use review. In addition to
meeting the use review criteria, the applicant shall demonstrate that
the use on the ground floor will not adversely affect the intended
function and character of the area as a neighborhood serving
business area where retail-type stores predominate on the ground
floor. In determining whether this criterion is met, the reviewing
authority shall consider the location and design of the proposed use
and the existing and approved uses on the property and in the area.
(j) Fraternity, Sorority, and Dormitory:
(1) In the BT-1, BT-2, and BMS Zoning Districts:
(A) Applicability: In the BT-1, BT-2, and BMS zoning districts, fraternities,
sororities, and dormitories shall meet the following standards:
(i) Review Process: Fraternities, sororities, and dormitories are
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. Fraternities, sororities, and dormitories that are not allowed
by right may be approved only pursuant to a use review.
(ii) General Standard: The use shall not be located in the University
Hill general improvement district.
(2) In the BR-1 and BR-2 Zoning Districts:
(A) Review Process: In the BR-1 and BR-2 zoning districts, the following
review process applies to fraternities, sororities, and dormitories:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(i) Allowed Use: Fraternities, sororities, and dormitories are allowed
by right if the use meets the following standards:
a. All units on the lot or parcel are permanently affordable units
meeting the requirements in Chapter 9-13, "Inclusionary
Housing," B.R.C. 1981; or
b. 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.
(ii) Use Review: Fraternities, sororities, and dormitories that are not
allowed by right may be approved only pursuant to a use review.
(k) Group Home Facility:
(1) The following standards apply to any group home facility that may be approved as
a conditional use or pursuant to a use review:
(A) General Standards: Any group home facility approved as a conditional use
or pursuant to a use review shall meet the following standards:
(i) For purposes of density limits in Section 9-8-1, "Schedule of
Intensity Standards," B.R.C. 1981, and occupancy limits, eight
occupants, not including staff, in any group home facility
constitute one dwelling unit, but the city manager may increase the
occupancy of a group home facility to ten occupants, not including
staff, if:
a. The floor area ratio for the facility complies with standards
of the Colorado State Departments of Public Health and
Environment and Human Services and Chapter 10-2,
"Property Maintenance Code" B.R.C. 1981; and
b. Off-street parking is appropriate to the use and needs of the
facility and the number of vehicles used by its occupants,
regardless of whether it complies with other off-street
parking requirements of this chapter.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(ii) In order to prevent the potential creation of an institutional setting
by concentration of group homes in a neighborhood, no group
home facility may locate within three hundred feet of another
group home facility, but the city manager may permit two such
facilities to be located closer than three hundred feet apart if they
are separated by a physical barrier, including, without limitation,
an arterial, a collector, a commercial district or a topographic
feature that avoids the need for dispersal. The planning department
will maintain a map showing the locations of all group home
facilities in the city.
(iii) No person shall make a group home facility available to an
individual whose tenancy would constitute a direct threat to the
health or safety of other individuals or whose tenancy would result
in substantial physical damage to the property of others. A
determination that a person poses a direct threat to the health or
safety of others or a risk of substantial physical damage to property
must be based on a history of overt acts or current conduct of that
individual and must not be based on general assumptions or fears
about a class of disabled persons.
(B) In the BMS Zoning District:
(i) Review Process: In the BMS zoning district, group home facilities
may be approved as a conditional use if the use is not located on
the ground floor facing a street, with the exception of minimum
necessary ground level access. Group home facilities that are not
approved as a conditional use may be approved only pursuant to a
use review.
(C) In the BC-1 and BC-2 Zoning Districts:
(i) Review Process: In the BC-1 and BC-2 zoning districts, the
following review process applies to group home facilities:
a. Conditional Use: Group home facilities may be approved as
a conditional use if they are not located on the ground floor,
with the exception of minimum necessary ground level
access.
b. Use Review: Group home facilities that are not approved as
a conditional use may be approved only pursuant to a use
review. In addition to meeting the use review criteria, the
applicant shall demonstrate that the use on the ground floor
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
will not adversely affect the intended function and character
of the area as a neighborhood serving business area where
retail-type stores predominate on the ground floor. In
determining whether this criterion is met, the reviewing
authority shall consider the location and design of the
proposed use and the existing and approved uses on the
property and in the area.
(l) Transitional Housing:
(1) The following standards apply to any transitional housing facility that may be
approved as a conditional use or pursuant to a use review:
(A) General Standards: Any transitional housing approved as a conditional use
or pursuant to a use review shall meet the following standards:
(i) Density: The maximum number of dwelling units with transitional
housing facility shall be the same as is permitted within the
underlying zoning district, except that for any zoning district that is
classified as an industrial zoning district pursuant to Section 9-5-2,
"Zoning Districts," B.R.C. 1981, the number of dwelling units
permitted shall not exceed one dwelling unit for each one thousand
six hundred square feet of lot area on the site.
(ii) Occupancy: No person shall occupy such dwelling unit within a
transitional housing facility except in accordance with the
occupancy standards set forth in Section 9-8-5, "Occupancy of
Dwelling Units," B.R.C. 1981, for dwelling units.
(iii) Parking: The facility shall provide one off-street parking space for
each dwelling unit on the site. The approving authority may grant a
parking deferral of up to the higher of fifty percent of the required
parking or what otherwise may be deferred in the zoning district if
the applicant can demonstrate that the criteria set forth in
Subsection 9-9-6(e), B.R.C. 1981, have been met.
(B) In the BC-1 and BC-2 Zoning Districts:
(i) Review Process: In the BC-1 and BC-2 zoning districts, the
following review process applies to transitional housing:
a. Conditional Use: Transitional housing may be approved as a
conditional use if the use is not located on the ground floor,
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
with the exception of minimum necessary ground level
access.
b. Use Review: Transitional housing that may not be approved
as a conditional use may be approved only pursuant to a use
review. In addition to meeting the use review criteria, the
applicant shall demonstrate that the use on the ground floor
will not adversely affect the intended function and character
of the area as a neighborhood serving business area where
retail-type stores predominate on the ground floor. In
determining whether this criterion is met, the reviewing
authority shall consider the location and design of the
proposed use and the existing and approved uses on the
property and in the area.
RESIDENTIAL ACCESSORY
(m) Accessory Dwelling Unit:
(1) General Requirements: Three types of accessory units may be approved as
conditional uses: attached accessory dwelling units, detached accessory dwelling
units, and limited accessory units. The following standards apply to all three types
of accessory units:
(A) Standards:
(i) Owner-Occupied: The principal dwelling unit or accessory unit on
the parcel or lot must be owner-occupied.
(ii) Occupancy Requirement: For purposes of determining occupancy
requirements under Section 9-8-5, "Occupancy of Dwelling Units,"
B.R.C. 1981, the principal dwelling unit and accessory unit shall
be considered one dwelling unit. The occupancy of the principal
dwelling unit together with the occupancy of any accessory unit
shall not exceed the occupancy requirements set forth in Section 9-
8-5, "Occupancy of Dwelling Units," B.R.C. 1981, for one
dwelling unit; provided, however, for purposes of this section only,
any occupant and his or her dependents shall be counted as one
person. The floor area limitation for quarters used by roomers
under Paragraph 9-8-5(a)(1), B.R.C. 1981, shall not apply to an
accessory unit.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(iii) Rental License: No owner of the property shall allow, or offer to
allow through advertisement or otherwise, any person to occupy
the accessory unit or the principal dwelling unit as a tenant or
lessee or otherwise for a valuable consideration unless such rented
unit has been issued a valid rental license by the city manager
consistent with the requirements of Chapter 10-3, "Rental
Licenses," B.R.C. 1981.
(iv) Short-Term Rental: Short-term rental of an accessory unit and
short-term rental of a principal dwelling unit on a lot or parcel with
an accessory unit are prohibited except as specifically authorized
in Section 10-3-19, "Short-Term Rentals," B.R.C. 1981.
(v) No Independent Conveyance: No person shall convey an accessory
unit independently of the principal dwelling unit on the lot or
parcel.
(B) Application: All applicants shall apply on forms provided by the city
manager showing how and in what manner the criteria of this subsection
are met, provide a statement of current ownership and a legal description
of the property, pay the application fee prescribed by Section 4-20-43,
"Development Application Fees," B.R.C. 1981, and submit plans as may
be required by the manager.
(C) Public Notice: Notice of the application shall be provided consistent with
"Public Notice Type 4," as defined by Subsection 9-4-3(a), B.R.C. 1981.
(D) Review and Approval: All applications for accessory units shall be
reviewed under the procedures of Section 9-2-2, "Administrative Review
Procedures," B.R.C. 1981.
(E) Declaration of Use Required: Before obtaining approval, all owners shall
sign a declaration of use, including all the conditions for continued use, to
be recorded in the office of the Boulder County Clerk and Recorder to
serve as actual and constructive notice of the legal status of the owner's
property. If the unit is to be an affordable accessory unit, the declaration
shall include a sworn certification that the unit will meet the affordability
standard and a statement of the number of bedrooms.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(F) Amendments: The site plan for an accessory unit may be modified and an
affordable accessory unit may be converted to an accessory unit that is not
an affordable accessory unit provided that an application is filed and
reviewed by the manager under the procedures of Section 9-2-2,
“Administrative Review Procedures,” B.R.C. 1981. The application must
demonstrate that the proposed accessory unit meets the requirements of
this section except that it shall not be subject to the saturation limitations
of Subparagraphs (m)(2)(A) and (E) and (m)(3)(A) and (E).
(G) Floor Area: For the purpose of calculating the floor area of an attached
accessory unit or detached accessory unit under this subsection (m), floor
area shall mean the total square footage of all levels measured to the
outside surface of the exterior framing, to six inches beyond the interior
wall on an exterior wall, or to the outside surface of the exterior walls if
there is no exterior framing, of a building or portion thereof, which
includes stairways, elevators, the portions of all exterior elevated above
grade corridors, balconies, and walkways that are required for primary or
secondary egress by Chapter 10-5, "Building Code," B.R.C. 1981, storage
and mechanical rooms, whether internal or external to the structure, but
excluding an atrium on the interior of a building where no floor exists, a
courtyard, the stairway opening at the uppermost floor of a building, and
floor area that meets the definition of uninhabitable space.
(2) Attached Accessory Dwelling Units: In addition to the general accessory unit
standards in Paragraph (m)(1) of this section, the following standards apply to
attached accessory dwelling units. The owner or the owners of a lot or parcel with
a single-family dwelling unit may establish and maintain an attached accessory
dwelling unit within the principal structure of a detached dwelling unit in the RR,
RE, RL, RMX, A, or P districts if all of the following conditions are met and
continue to be met during the life of the attached accessory dwelling unit:
(A) Neighborhood Area: In the RL-1 or RL-2 zoning districts, no more than
twenty percent of the lots or parcels in a neighborhood area contain an
accessory unit. For the purpose of this subparagraph:
(i) The "neighborhood area" in RL-1 and RL-2 zoning districts is the
area circumscribed by a line three hundred feet from the perimeter
of the lot line within which any accessory unit will be located.
Within the "neighborhood area" only accessory units within the
RL-1 and RL-2 zoning districts are counted towards the twenty
percent limitation factor.
(ii) For the purpose of calculating the twenty percent limitation factor,
the following shall apply:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
a. A legal, nonconforming structure containing two or more
dwelling units is counted as an accessory unit;
b. A cooperative housing unit is counted as an accessory unit;
c. An accessory unit that is licensed as part of a cooperative
housing unit and said cooperative housing unit shall be
counted together as one accessory unit; and
d. The manager may promulgate regulations defining
additional methods to be used in calculating the twenty
percent limitation factor and the neighborhood area.
(iii) If an application for an accessory unit exceeds the twenty percent
requirement set forth in this Subparagraph (m)(2)(A), the manager
will place the applicant on a waiting list for the neighborhood area.
At such time as there is room for an additional accessory unit
within a neighborhood area, the manager will notify the first
eligible person on the waiting list. Such person on the waiting list
shall be required to provide notice of intent to file an application
within thirty days and file an application within sixty days of such
notice.
(B) Parking: The attached accessory dwelling unit shall have the following
off-street parking:
(i) The number of off-street parking spaces required in the zoning
district for the principal dwelling unit; and
(ii) One additional off-street parking space on the lot or parcel upon
which the detached dwelling unit is located.
(iii) The parking spaces required under this Subparagraph (m)(2)(B)
shall not be required to meet the setback requirements of Section
9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981,
provided that the parking spaces are not located in the public right-
of-way.
(C) Standards: The attached accessory dwelling unit is clearly incidental to the
principal dwelling unit and meets the following standards:
(i) The attached accessory dwelling unit is created only in a single-
family detached dwelling unit on a lot of five thousand square feet
or more.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(ii) The attached accessory dwelling unit does not exceed one-third of
the total floor area of the principal structure or one thousand square
feet, whichever is less, unless a variance is granted pursuant to
Section 9-2-3, "Variances and Interpretations," B.R.C. 1981.
(iii) If there is an interior connection between the attached accessory
dwelling unit and the principal dwelling prior to the creation of the
attached accessory dwelling unit, the connection shall be
maintained during the life of the attached accessory dwelling unit.
(iv) Any additional entrance resulting from the creation of an attached
accessory dwelling unit may face the side of the lot fronting on the
street only if such entrance is adequately and appropriately
screened in a manner that does not detract from the single-family
appearance of the principal dwelling unit.
(D) Affordable Accessory Units: If the attached accessory dwelling unit is
licensed as an affordable accessory unit, the following standards apply:
(i) The unit shall only be required to provide the parking required in
the zoning district for the principal dwelling unit.
(ii) The unit may be more than one-third of the total floor area of the
principal structure but shall not exceed one-half of the floor area of
the principal structure or one thousand square feet, whichever is
less. The BOZA may grant a variance to this size requirement
pursuant to Section 9-2-3, "Variances and Interpretations," B.R.C.
1981.
(iii) If the unit is or will be offered for rental for compensation, the
owner must obtain and at all times thereafter maintain a valid
rental license for an affordable accessory unit issued by the
manager consistent with the requirements of Chapter 10-3, "Rental
Licenses," B.R.C. 1981.
(E) Designated Historic Property: If the attached accessory dwelling unit is
located within a principal structure that is designated as an individual
landmark or recognized as contributing to a designated historic district
under Chapter 9-11, "Historic Preservation," B.R.C. 1981, the following
modifications to the standards of this Paragraph (m)(2) apply:
(i) In the RL-1 and RL-2 zoning district, the unit is not subject to the
twenty percent limitation factor of Subparagraph (m)(2)(A)
provided that no more than thirty percent of the lots or parcels in
the neighborhood area contain an accessory unit;
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(ii) The unit shall only be required to provide the parking required in
the zoning district for the principal dwelling unit; and
(iii) The unit may be more than one-third of the total floor area of the
principal structure but shall not exceed one-half of the floor area of
the principal structure or one thousand square feet, whichever is
less. The BOZA may grant a variance to this size requirement
pursuant to Section 9-2-3, "Variances and Interpretations," B.R.C.
1981.
(3) Detached Accessory Dwelling Units: In addition to the general accessory unit
standards in Paragraph (m)(1) of this section, the following standards apply to
detached accessory dwelling units. An owner or the owners of a lot or parcel with
a single-family detached dwelling unit may establish and maintain a detached
accessory dwelling unit within an accessory structure meeting the size restrictions
described below, on a lot or parcel in the RR, RE, RL, RMX, A, and P districts if
all of the following conditions are met and continue to be met during the life of the
detached accessory dwelling unit:
(A) Neighborhood Area: In the RL-1 and RL-2 zoning districts, no more than
twenty percent of the lots or parcels in a neighborhood area contain an
accessory unit. For the purpose of this subparagraph:
(i) The "neighborhood area" in RL-1 and RL-2 zoning districts is the
area circumscribed by a line three hundred feet from the perimeter
of the lot line within which an accessory unit will be located.
Within the "neighborhood area" only accessory units within the
RL-1 and RL-2 zoning districts are counted towards the twenty
percent limitation factor.
(ii) For the purpose of calculating the twenty percent limitation factor,
the following shall apply:
a. A legal, nonconforming structure containing two or more
dwelling units is counted as an accessory unit;
b. A cooperative housing unit is counted as an accessory unit;
c. An accessory unit that is licensed as part of a cooperative
housing unit and said cooperative housing unit shall be
counted together as one accessory unit; and
d. The manager may promulgate regulations defining
additional methods to be used in calculating the twenty
percent limitation factor and the neighborhood area.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(iii) If an application for a detached accessory dwelling unit exceeds
the twenty percent requirement set forth in Subparagraph
(m)(3)(A), the manager will place the applicant on a waiting list
for the neighborhood area. At such time as there is room for an
additional accessory unit within the neighborhood area, the
manager will notify the first eligible person on the waiting list.
Such person on the waiting list shall be required to provide notice
of intent to file an application within thirty days and file an
application within sixty days of such notice.
(B) Parking: The detached accessory dwelling unit shall have the following
parking:
(i) The number of off-street parking spaces required in the zoning
district for the principal dwelling unit; and
(ii) One additional off-street parking space on the lot or parcel upon
which the detached dwelling unit is located.
(iii) The parking spaces required under this Subparagraph (m)(3)(B)
shall not be required to meet the setback requirements of Section
9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981,
provided that the parking spaces are not located in the public right-
of-way. To the extent practical, any additional off-street parking
that is constructed in the RR or RE zoning district required for the
detached accessory dwelling unit shall be screened from the view
of properties that directly abut a property line of the detached
accessory dwelling unit.
(C) Incidental to Principal Dwelling Unit: The detached accessory dwelling
unit is clearly incidental to the principal dwelling unit and meets the
following standards:
(i) The detached accessory dwelling unit is created on a lot of five
thousand square feet or larger.
(ii) The detached accessory dwelling unit's floor area does not exceed
five hundred and fifty square feet, unless a variance is granted
pursuant to Section 9-2-3, "Variances and Interpretations," B.R.C.
1981.
(iii) The following design standards apply to detached accessory
dwelling units:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
a. Maximum height of accessory buildings with a detached
accessory dwelling unit shall not be greater than twenty feet
unless the roof pitch is greater than 8:12 and the resulting
ratio of the height of the roof (measured from the eave line
to the top of the roof) to the height of the side walls
(measured from the low point of grade to the eave line) is
less than a 1:2 ratio. The city manager may modify this
height standard for a legal existing accessory building that is
being converted to a detached accessory dwelling unit to the
extent that the existing accessory building's height and size
is not proposed to be modified. In no case may a building
height exceed twenty-five feet.
b. A detached accessory dwelling unit shall have a minimum
of sixty square feet of private open space provided for the
exclusive use of the occupants of the detached accessory
dwelling unit. Private open space may include porches,
balconies, or patio areas. Decks, porches, patios, terraces,
and stairways, located at a height greater than thirty inches
above grade, shall be considered part of the building
coverage.
c. Setbacks shall comply with accessory building setbacks.
Where the rear yard of a property in the RR or RE zoning
district directly abuts an RL zoning district, the rear yard
accessory building setback shall be the same as the side yard
setback for accessory buildings for applicable RR or RE
zoning districts.
(D) Affordable Accessory Units: If the detached accessory dwelling unit is
licensed as an affordable accessory unit, the following standards apply:
(i) The unit shall only be required to provide the parking required in
the zoning district for the principal dwelling unit.
(ii) The unit's floor area may be up to eight hundred square feet. The
BOZA may grant a variance to this size requirement pursuant to
Section 9-2-3, "Variances and Interpretations," B.R.C. 1981.
(iii) If the unit is or will be offered for rental for compensation, the
owner must obtain and at all times thereafter maintain a valid
rental license for an affordable accessory unit issued by the
manager consistent with the requirements of Chapter 10-3, "Rental
Licenses," B.R.C. 1981.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(E) Designated Historic Property: If either the accessory structure the
detached accessory dwelling unit is located in or the principal structure on
the lot or parcel is designated as an individual landmark or recognized as
contributing to a designated historic district under Chapter 9-11, "Historic
Preservation," B.R.C. 1981, the following modifications to the standards
of this Paragraph (m)(3) apply:
(i) In the RL-1 and RL-2 zoning district, the unit is not subject to the
twenty percent limitation factor of Subparagraph (m)(3)(A)
provided that no more than thirty percent of the lots or parcels in
the neighborhood area contain an accessory unit;
(ii) The unit shall only be required to provide the parking required in
the zoning district for the principal dwelling unit; and
(iii) The unit's floor area may be up to one thousand square feet. The
BOZA may grant a variance to this size requirement pursuant to
Section 9-2-3, "Variances and Interpretations," B.R.C. 1981.
(4) Limited Accessory Units: In addition to the general accessory unit standards in
Paragraph (m)(1) of this section, the following standards apply to limited accessory
units that may be approved as a conditional use in the RR-1, RR-2, RE, and RL-1
Zoning Districts only. An existing nonconforming duplex or two detached dwelling
units located on the same lot and within the R1 use module may be converted to
limited accessory dwelling units. A limited accessory dwelling unit may be
modified and expanded as a conditional use. Conversion to a limited accessory
dwelling unit is subject to compliance with all of the following standards:
(A) Applicability: This subparagraph (m)(4) is only applicable to dwelling
units that legally existed, were actively used as multiple dwelling units,
and had a valid rental license on January 1, 2005.
(B) Expansion Limitation: The cumulative total of any expansion shall not
exceed twenty percent of the total floor area that was documented at the
time of the initial expansion. Any expansion of the restricted accessory
unit shall not exceed ten percent. In no case shall any expansion cause the
cumulative size of the restricted dwelling units to exceed the maximum
allowable floor area ratio of the underlying zoning district as set forth in
Section 9-8-1, "Schedule of Intensity Standards," B.R.C. 1981.
(C) Parking: The minimum number of off-street parking spaces shall not be
less than three spaces. All parking shall comply with the design and access
requirements set forth in Section 9-9-6, "Parking Standards," B.R.C. 1981.
A minimum of one off-street parking space shall be available for use by
the restricted accessory dwelling unit.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(D) Loss of Prior Nonconforming Status: If a nonconforming duplex or two
detached dwelling units are converted to limited accessory units through
the conditional use process, any prior nonconforming status is lost.
(n) Home Occupation:
(1) A home occupation is allowed by right if the accessory use meets the following
standards:
(A) Standards:
(i) Such use is conducted entirely within a principal or accessory
building and is not carried on by any person other than the
inhabitants living there.
(ii) Such use is clearly incidental and secondary to the residential use
of the dwelling and does not change the residential character
thereof.
(iii) The total area used for such purposes does not exceed one-half the
first floor area of the user's dwelling unit.
(iv) There is no change in the outside appearance of the dwelling unit
or lot indicating the conduct of such home occupation, including,
without limitation, advertising signs or displays.
(v) There is no on-site sale of materials or supplies except incidental
retail sales.
(vi) There is no exterior storage of material or equipment used as a part
of the home occupation.
(vii) No equipment or process is used in such home occupation that
creates any glare, fumes, odors or other objectionable condition
detectable to the normal senses at the boundary of the lot if the
occupation is conducted in a detached dwelling unit, or outside the
dwelling unit if conducted in an attached dwelling unit.
(viii) No traffic is generated by such home occupation in a volume that
would create a need for parking greater than that which can be
accommodated on the site or which is inconsistent with the normal
parking usage of the district.
(B) Cottage Food and Fresh Produce Exception: A home occupation use
meeting the requirements of Chapter 6-17, "Cottage Foods and Fresh
Produce," B.R.C. 1981, is exempt from the requirements of Subparagraphs
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1)(A)(i), (iv), (v), (vi) and (vii) above. Gardens are exempt from
Subparagraph (iii) above. Such use shall be permitted as an allowed use in
all zoning districts in which a home occupation is permitted as a
conditional use.
(C) 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.
(D) Prohibitions: No person shall engage in a home occupation except in
conformance with all of the requirements of Paragraph (n)(1)(A) of this
section, except as provided in Paragraph (n)(1)(B) of this section.
9-6-4. Specific Use Standards – Public and Institutional Uses.
COMMUNITY, CULTURAL, AND EDUCATIONAL
(a) Club or Lodge:
(1) In the BMS Zoning District:
(A) Review Process: In the BMS zoning district, a club or lodge is 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. A club or lodge that
is not allowed by right may be approved only pursuant to a use review.
(b) Community Services:
(1) In the BMS and DT-4 Zoning Districts:
(A) Review Process: In the BMS and DT-4 zoning districts, community
services are 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. Community services that are not allowed by right may be approved
only pursuant to a use review.
(c) Specialized Instruction Facility:
(1) In the MU-4 Zoning District:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(A) In the MU-4 zoning district, specialized instruction facilities are allowed
by right for 20,000 square feet or less of floor area per lot or parcel, and
are otherwise prohibited.
(2) In the BMS Zoning District:
(A) Review Process: In the BMS zoning district, a specialized instruction
facility is 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. A specialized instruction facility that is not allowed by right may
be approved only pursuant to a use review.
(3) In the Industrial Zoning Districts:
(A) In the Industrial zoning districts, a specialized instruction facility is
allowed by right for less than 20,000 square feet of floor area per use. A
specialized instruction facility that is not allowed by right may be
approved only pursuant to a use review.
CARE AND SHELTER
(d) Daycare Center:
(1) The following standards apply to any daycare center, except home daycares, that
may be approved as a conditional use or pursuant to a use review:
(A) Fencing is provided around outdoor play areas.
(B) If the use is adjacent to an arterial, collector, or minor arterial as shown in
Appendix A, "Major Streets," of this title, off-street loading and unloading
areas are provided.
(C) Adequate off-street parking is provided for employees, volunteers, and
visitors.
(D) Child daycare facilities are properly licensed by the State Department of
Social Services.
(E) For nursery care (any child under the age of eighteen months), the facility
provides fifty square feet of useable indoor floor area per child or a total of
six hundred square feet of useable floor area, whichever is greater.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(F) For child care other than nursery care, the facility provides thirty square
feet of useable indoor floor area per child or a total of six hundred square
feet of useable floor area, whichever is greater.
(G) All child day care facilities shall provide a minimum of seventy-five
square feet of usable outdoor play area per child or a total of two thousand
four hundred square feet of useable outdoor play area, whichever is
greater.
(H) In the MH and RH-6 zoning districts, the use shall not provide care to
more than fifty persons, not including employees.
(e) Day Shelters, Emergency Shelters, and Overnight Shelters:
(1) This subsection (e) sets forth standards for day shelters, emergency shelters, and
overnight shelters that are subject to specific use standards pursuant to Table 6-1,
Use Table.
(2) General Requirements for All Shelters: The following criteria apply to any day,
emergency, or overnight shelters:
(A) Good Neighbor Meeting and Management Plan: The intent of a good
neighbor meeting and management plan is to ensure that shelter owners
and operators are informed of the effects upon neighboring properties of
operating such a facility, and are educated about ways to mitigate, reduce,
or eliminate potential impacts upon neighboring properties. Owners and
operators shall implement a good neighbor plan when establishing a
shelter that meets the following standards:
(i) Meeting With Surrounding Property Owners Required: The
owners or operators of a shelter shall be required to organize and
participate in a meeting with the surrounding property owners
pursuant to Section 9-2-4, "Good Neighbor Meetings and
Management Plans," B.R.C. 1981.
(ii) Preparation and Distribution of a Proposed Management Plan: The
owner or operator shall prepare a proposed management plan
pursuant to Section 9-2-4, "Good Neighbor Meetings and
Management Plans," B.R.C. 1981, and present it to the
surrounding property owners at the neighbor meeting.
(iii) School Safety Plan: Any facility that is within six hundred feet
from a school that proposes to admit clients that may be under the
influence of alcohol shall also develop a safety plan, in
consultation with the school and the superintendent of the Boulder
Valley School District, if applicable, to ensure safety of the
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
school's students. For the purpose of this subsection, school means
a public, parochial, or nonpublic school that provides a basic
academic education in compliance with the school attendance laws
for students in grades kindergarten through the eighth grade.
"Basic academic education" has the same meaning as set forth in §
22-33-104(2)(b), C.R.S.
(iv) Resubmission and Amendment of a Management Plan: Every three
years, or when the owner or operator changes the operating
characteristics in a manner that does not comply with the approved
management plan, whichever occurs first, the owner or operator
shall resubmit a management plan. No owner or operator shall fail
to resubmit a management plan that meets the requirements of this
subsection. The city manager is authorized to require an owner or
operator to organize, host, and participate in a good neighbor
meeting if the manager determines that such a meeting will be of
assistance in identifying additional adverse impacts that may have
been created by the facility. The management plan shall address
how the facility will address any additional adverse impacts that
have been identified by the manager. The manager will approve
the management plan upon finding that any such additional
adverse impacts will be mitigated by amendments to the
management plan.
(B) Additional Requirements for Day Shelters: The following additional
criteria apply to any day shelter:
(i) Onsite Staffing: No facility shall be open for use by clients unless
there is staff on site to supervise and oversee the clients.
(ii) Waiting Areas: No person shall allow or permit clients of a facility
to queue or otherwise wait for the facility to open or to otherwise
be admitted into the facility in the public right-of-way. The facility
shall provide an indoor or outdoor waiting area in a size adequate
to prevent the anticipated number of clients from queuing into or
otherwise waiting in the public right-of-way.
(iii) Outdoor Area: The facility shall provide an outdoor area, screened
from the surrounding properties and the public right-of-way for use
of clients once admitted to the facility.
(iv) Parking: The facility shall provide off-street parking at the rates set
forth in Section 9-9-6, "Parking Standards," B.R.C. 1981, for a
nonresidential use. The approving authority may grant a parking
deferral of the higher of up to fifty percent of the required parking
or what otherwise may be deferred in the underlying zoning district
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
if the applicant can demonstrate that the criteria set forth in
Subsection 9-9-6(e), B.R.C. 1981, have been met.
(C) Additional Requirements for Emergency Shelters: The following
additional requirements apply to any emergency shelter:
(i) Waiver of Good Neighbor Meeting and Management Plan
Requirement: The city manager may waive the requirement that
the applicant organize, host, and participate in a good neighbor
meeting upon finding that the applicant will not require a use
review, and that the needs of the facility's clients for anonymity
and a safe and secure environment will be compromised by such a
meeting.
(ii) Parking: The facility shall provide off-street parking at the rates set
forth below in a., b., and c. The approving authority may grant a
parking deferral of up to the higher of fifty percent of the required
parking or what otherwise may be deferred in the underlying
zoning district if the applicant can demonstrate that the criteria set
forth in Subsection 9-9-6(e), B.R.C. 1981, have been met.
a. One space for each employee or volunteer that may be on the
site at any given time computed on the basis of the estimated
maximum number of employees and volunteers on the site
at any given time;
b. One parking space for each twenty occupants, based on the
maximum occupancy of sleeping rooms and the dormitory
type sleeping areas; and
c. One parking space for each attached type dwelling unit.
(iii) Maximum Occupancy: No person shall permit the maximum
occupancy of a facility to exceed the following unless approved
pursuant to an occupancy increase:
a. Sleeping Areas: For emergency shelter facilities that operate
with sleeping rooms or with open air dormitory type sleeping
areas, the following occupancy standards apply:
1. Residential Districts: For any zoning district that is
classified as a residential zoning district pursuant to
Section 9-5-2, "Zoning Districts," B.R.C. 1981, the
maximum number of residents of the facility shall
not exceed six persons for each dwelling unit that
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
would otherwise be permitted based on the lot area
or open space on the site.
2. Business Districts: For any zoning district that is
classified as a commercial zoning district pursuant to
Section 9-5-2, "Zoning Districts," B.R.C. 1981, the
maximum number of residents of the facility shall
not exceed six persons for each dwelling unit that
would otherwise be permitted based on the lot area
or open space on the site. Up to two additional
persons per dwelling unit equivalents in the business
zoning districts is permitted if the property is not
adjacent to a residential zoning district classification
as set forth in Section 9-5-2, "Zoning Districts,"
B.R.C. 1981. For the purpose of this subparagraph,
adjacent means separated by an alley, a street that is
a minor arterial or lesser classification on the
Transportation Master Plan functional classification
map, or a property line, notwithstanding a break in a
survey, that is shared between the facility and
another property.
3. Industrial Districts: For any zoning district that is
classified as an industrial zoning district pursuant to
Section 9-5-2, "Zoning Districts," B.R.C. 1981, the
maximum number of residents of the facility shall
not exceed six persons for each one thousand six
hundred square feet of lot area on the site. Up to two
additional persons for each one thousand six hundred
square feet of lot area on the site in an industrial
zoning district is permitted if the property is not
adjacent to a residential zoning district classification
as set forth in Section 9-5-2, "Zoning Districts,"
B.R.C. 1981. For the purpose of this subparagraph,
adjacent means separated by an alley, a street that is
a minor arterial or lesser classification on the
Transportation Master Plan functional classification
map, or a property line, notwithstanding a break in a
survey, that is shared between the facility and
another property.
4. Occupancy Increase: For an applicant that cannot
meet the conditional standards for occupancy
increases set forth in this subparagraph, or otherwise
is limited to six occupants per dwelling unit
equivalent, the maximum occupancy of a facility
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
may be increased from six up to ten occupants per
dwelling unit equivalents upon approval of a use
review pursuant to Section 9-2-15, "Use Review,"
B.R.C. 1981.
b. Attached Housing: For emergency shelter facilities that are
located in zoning districts that permit attached housing, that
operate as separate attached dwelling units, each dwelling
unit equivalent shall constitute two attached dwelling units.
No person shall occupy such dwelling unit except in
accordance with the occupancy standards set forth in Section
9-8-6, "Occupancy Equivalencies for Group Residences,"
B.R.C. 1981, for dwelling units.
c. Detached Housing: For emergency shelter facilities that are
located in zoning districts that do not permit attached
housing, each detached dwelling unit shall constitute one
dwelling unit. No person shall occupy such a dwelling unit
except in accordance with the occupancy standards set forth
in Section 9-8-6, "Occupancy Equivalencies for Group
Residences," B.R.C. 1981, for a dwelling unit.
d. Calculating Occupancy: The maximum occupancy for a
facility shall include the occupants of the facility in addition
to the occupants of overnight shelter uses and transitional
housing uses that are also located on the property.
(iv) Review Standards: Uses designated as conditional uses in Section
9-6-1, "Schedule of Permitted Land Uses," B.R.C. 1981, shall be
processed under the provisions of this paragraph unless the
applicant makes a request to increase the maximum occupancy per
dwelling unit equivalent from six persons per dwelling unit
equivalent up to ten occupants for sleeping room or dormitory type
sleeping areas.
(D) Additional Standards for Overnight Shelters: The following additional
criteria apply to any overnight shelter:
(i) On-Site Staffing: No facility shall be open for use by clients unless
there is staff on-site to supervise and oversee the clients.
(ii) Waiting Areas: No person shall allow or permit clients of a facility
to queue or otherwise wait for the facility to open or to otherwise
be admitted into the facility in the public right-of-way. The facility
shall provide an indoor or outdoor waiting area in a size adequate
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
to prevent the anticipated number of clients from queuing into or
otherwise waiting in the public right-of-way.
(iii) Parking: The facility shall provide off-street parking at the rates set
forth below in a. and b. The approving authority may grant a
parking deferral of up to the higher of fifty percent of the required
parking or what otherwise may be deferred in the underlying
zoning district if the applicant can demonstrate that the criteria set
forth in Subsection 9-9-6(e), B.R.C. 1981, have been met.
a. One space for each employee or volunteer that may be on the
site at any given time computed on the basis of the estimated
maximum number of employees and volunteers on the site
at any given time; and
b. One parking space for each twenty occupants, based on the
maximum occupancy of the facility.
(iv) Maximum Occupancy: No person shall permit the maximum
occupancy of a facility to exceed the following unless approved
pursuant to an occupancy increase:
a. Residential Districts: For any zoning district that is classified
as a residential zoning district pursuant to Section 9-5-2,
"Zoning Districts," B.R.C. 1981, the maximum number of
residents of the facility shall not exceed four persons for each
dwelling unit that would otherwise be permitted based on the
lot area or open space on the site.
b. Business Districts: For any zoning district that is classified
as a commercial zoning district pursuant to Section 9-5-2,
"Zoning Districts," B.R.C. 1981, the maximum number of
residents of the facility shall not exceed four persons for each
dwelling unit that would otherwise be permitted based on the
lot area or open space on the site. Up to two additional
persons per dwelling unit equivalent in the business zoning
districts is permitted if the property is not adjacent to a
residential zoning district classification as set forth in
Section 9-5-2, "Zoning Districts," B.R.C. 1981. For the
purpose of this subparagraph, adjacent means separated by
an alley, a street that is a minor arterial or lesser
classification on the Transportation Master Plan functional
classification map, or a property line, notwithstanding a
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
break in a survey, that is shared between the facility and
another property.
c. Industrial Districts: For any zoning district that is classified
as an industrial zoning district pursuant to Section 9-5-2,
"Zoning Districts," B.R.C. 1981, the maximum number of
residents of the facility shall not exceed four persons for each
one thousand six hundred square feet of lot area on the site.
Up to two additional persons for each one thousand six
hundred square feet of lot area on the site in an industrial
zoning district is permitted if the property is not adjacent to
a residential zoning district classification as set forth in
Section 9-5-2, "Zoning Districts," B.R.C. 1981. For the
purpose of this subparagraph, adjacent means separated by
an alley, a street that is a minor arterial or lesser
classification on the Transportation Master Plan functional
classification map, or a property line, notwithstanding a
break in a survey, that is shared between the facility and
another property.
d. Calculating Occupancy: The maximum occupancy for a
facility shall include the occupants of the facility in addition
to the occupants of emergency shelter uses and transitional
housing uses that are also located on the property.
e. Occupancy Increase: For an applicant that cannot meet the
conditional standards for occupancy increases set forth in
this subparagraph, or otherwise is limited to four occupants
per dwelling unit equivalent, the maximum occupancy of a
facility may be increased from four or six up to eight
occupants per dwelling unit equivalents upon approval of a
use review pursuant to Section 9-2-15, "Use Review,"
B.R.C. 1981.
(v) Review Standards: Uses designated as conditional uses in Section
9-6-1, "Schedule of Permitted Land Uses," B.R.C. 1981, shall be
processed under the provisions of this paragraph unless the
applicant proposes to exceed the following standards. In such
cases, the applicant will also be required to complete the use
review process pursuant to Section 9-2-15, "Use Review," B.R.C.
1981.
a. High Density Residential: In the RH zoning districts, a use
review will also be required if the applicant requests the
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
maximum occupancy per dwelling unit equivalent be
increased from four up to eight occupants.
b. Business - Community, Business - Main Street, and Business
- Transitional Districts: In the BC, BT, and BMS zoning
districts, a use review will also be required if the maximum
occupancy per dwelling unit equivalent is increased from
four up to eight occupants.
INFRASTRUCTURE
(f) Wireless Communications Facility:
(1) Standards: A wireless communications facility may be approved as a conditional
use and principal use on a lot if the following standards are met:
(A) The antenna for the wireless communications facility shall be attached to a
principal building designed and constructed for a primary purpose other
than supporting a wireless communications facility, except as authorized
to be attached to water towers in Subparagraph (O).
(B) Architectural Compatibility: The antenna must be architecturally
compatible with the building and wall, penthouse, or mechanical
equipment enclosure on which it is mounted and designed and located so
as to minimize any adverse aesthetic impact.
(C) Screening: The antenna shall be painted or fully screened to match as
closely as possible to the color and texture of the wall, penthouse, or
mechanical equipment enclosure on which it is mounted.
(D) Wall Mounts: The antenna shall be mounted on a wall of an existing
building in a configuration as flush to the wall as technically possible to
ensure both the functionality of the antenna and to minimize visual impact.
The antenna and any associated screening shall not project above the wall
on which it is mounted.
(E) Antenna Mounts on Roof Appurtenances: The antenna may be attached to
an existing conforming penthouse or mechanical equipment enclosure
which projects above the roof of the building. The antenna and any
associated screening may not project any higher than the penthouse or
enclosure (no increase in height is permitted) and must be mounted as
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
flush to the existing penthouse or enclosure as technically possible to
ensure both the functionality of the antenna and to minimize visual impact.
(F) Roof Mounts of Antennas and Transmission Equipment on Buildings Less
Than Fifty-Five Feet Tall: On buildings fifty-five feet or less in height, an
antenna and transmission equipment may be mounted on the roof if:
(i) The manager finds that it is not technically possible or aesthetically
desirable to mount the antenna on a wall, penthouse or mechanical
equipment enclosure;
(ii) No portion of the wireless communications facility causes the
height of the building to exceed the limitations set forth in Sections
9-7-1, "Schedule of Form and Bulk Standards," 9-7-5, "Building
Height," and 9-7-6, "Building Height, Conditional," B.R.C. 1981;
(iii) No wireless communications facility covers more than ten percent
of the roof area of a building, and the aggregate of any wireless
communications facilities and any appurtenances do not exceed an
aggregate of twenty-five percent of the roof area;
(iv) Roof-mounted antennas are completely screened from view by
materials that are consistent and compatible with the building
design, color, and materials; and
(v) No portion of the wireless communications facility exceeds ten
feet above the height of the existing building.
(G) Transmission Equipment Screening: Transmission equipment other than
antennas shall not be mounted to a building wall, penthouse or mechanical
equipment enclosure and shall be designed and located to minimize any
adverse aesthetic impact. Such equipment shall be invisible from view
whenever possible, for example, by locating within the principal building,
on the roof so as to be invisible from adjacent street and properties or
behind parapet walls. When it is not possible to locate such equipment out
of sight, it must be located to minimize its visibility and be designed to be
screened from view by materials that are consistent and compatible with
the building design, color and materials without increasing the apparent
height of the building. Where it is not possible to locate such equipment
within or on the roof of the building, it may be located in ground mounted
cabinets. Such ground mounted equipment shall, to the extent possible, be
screened from view through undergrounding, design that is architecturally
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
consistent with that of the building, or other design options, approved by
the manager, that will blend the equipment with the surrounding setting
and built environment, including but not limited to materials, colors,
textures, and landscaping. When determining whether a certain location
that minimizes adverse aesthetic impacts is possible, functionality of the
equipment may be considered. All buildings, shelters, cabinets, and other
accessory components shall be grouped as closely as possible.
(H) Site Review and PUD Approval: If a proposed wireless communications
facility is located on a building or lot subject to an approved planned unit
development or site review, a minor modification to the approval is
required prior to the issuance of a building permit. A minor modification
is not required for eligible facilities requests.
(I) Historic Preservation Rules: No wireless communications facility shall be
permitted on property designated as an individual landmark or as part of a
historic district, unless such wireless communications facility has been
approved through the issuance of a landmark alteration certificate pursuant
to Sections 9-11-13, "Landmark Alteration Certificate Application," 9-11-
14, "Staff Review of Application for Landmark Alteration Certificate," 9-
11-15, "Landmark Alteration Certificate Hearing," 9-11-16, "Call-Up by
City Council," 9-11-17, "Issuance of Landmark Alteration Certificate,"
and 9-11-18, "Standards for Landmark Alteration Certificate
Applications," B.R.C. 1981. A landmark alteration certificate is not
required for eligible facilities requests.
(J) Exclusion of Competitors Prohibited: No wireless communications facility
owner or lessee or officer or employee thereof shall act to exclude or to
attempt to exclude any other competitor from using the same building for
the location of other wireless communications facilities.
(K) Co-Location of Facilities: No wireless communications facility owner or
lessee or officer or employee thereof shall fail to cooperate in good faith to
accommodate other competitors in their attempts to use the same building
for other wireless communications facilities. If a dispute arises about the
feasibility of accommodating another competitor, the city manager may
require a third party technical study, at the expense of either or both
parties, in the discretion of the manager, based upon the relative fault of
the parties, to resolve the dispute.
(L) Technical Standards: No wireless communications facility owner or lessee
shall fail to assure that the wireless communications facility complies at
all times with the then-current applicable American National Standards
Institute or Federal Communications Commission standards, whichever is
more stringent, for cumulative field measurements of radio frequency
power densities and electromagnetic fields. After installation, but prior to
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
putting the wireless communications facility in service, each wireless
communications facility owner shall provide a certification by an
independent professional engineer to that effect.
(M) Interference With TV or Radio Signals Prohibited: No wireless
communications facility owner or lessee shall fail to assure that the
wireless communications facility does not cause localized interference
with reception of television and radio broadcasts as required by the
Federal Communications Commission.
(N) Public and Residential Zoning Districts: In the P, RR-1, RR-2, RE, RL-1,
RL-2, RM-1, RM-2, RM-3, RH-6, and MH zoning districts, no person
shall mount or maintain a wireless communications facility on a lot,
parcel, or building containing a residential use.
(O) Water Towers: Notwithstanding that a water tower may be considered an
accessory building or use, antennas may be placed on water towers in
compliance with the standards set forth in this subsection. No portion of
any wireless communications facility shall extend above the height of the
water tower walls. For the purposes of this subsection, water tower means
a freestanding, aboveground, water storage facility, usually round or
cylindrical in shape.
(P) Prohibition: No person shall locate a wireless communications facility
upon any lot or parcel except as provided in this subsection.
(Q) Conditions of Approval: Compliance with the provisions of this
subsection are conditions of any approval granted under this subsection.
(R) Modifications: The city manager may approve a modification to the
requirements of this subsection that would result in a violation of state or
federal law or to allow a design that better minimizes the visual and
aesthetic impacts of the wireless communications facility. The manager
may not modify the height standards of Subparagraph (F)(ii) under this
Subparagraph (R).
(S) Summary of Appropriate Locations: Table 6-3 of this section summarizes
the allowable location for an antenna and transmission equipment.
TABLE 6-3: ANTENNA AND TRANSMISSION EQUIPMENT LOCATIONS
Locations Antenna on
building wall
or within
building
Antenna on
existing
conforming
penthouse or
mechanical
screen
Antenna on a
roof
Transmission
equipment
within
principal
building
Transmission
equipment on
a roof
Transmission
equipment on
ground
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
On buildings
under 55' in
height
Yes Yes, if it does
not project
above an
existing
penthouse or
mechanical
screen
Yes, subject to
the standards in
Subparagraph
9-6-4(f)(1)(F),
B.R.C. 1981
Yes Yes, subject to
the standards in
Subparagraphs
9-6-4(f)(1)(F)
and (G), B.R.C.
1981. May not
project above
the maximum
allowable
building height
of the
underlying
zoning district
Yes, if not
possible to
locate within
building or on
the roof,
subject to the
standards in
Subparagraph
9-6-4(f)(1)(G),
B.R.C. 1981
On buildings
over 55' in
height
Yes Yes, if it does
not project
above an
existing
penthouse or
mechanical
screen
No Yes No Yes, if not
possible to
locate within
building or on
the roof,
subject to the
standards in
Subparagraph
9-6-4(f)(1)(G),
B.R.C. 1981
(2) Review Process: A new wireless communications facility and any collocation or
modification to such use shall be reviewed in accordance with the procedures
established in Section 9-2-2, "Administrative Review Procedures," B.R.C. 1981,
and the requirements of this Subsection (f) except that eligible facilities requests
shall be reviewed pursuant to the following procedures and standards:
(A) Application Requirements: The applicant shall submit an eligible facilities
request on an application form provided by the city manager and shall
include any information necessary for the manager to consider whether the
application is an eligible facilities request and meets the review criteria
established in this Subsection (2). The application may not require the
applicant to demonstrate a need or business case for the proposed
modification or collocation.
(B) Review:
(i) Type of Review: Upon receipt of an application for an eligible
facilities request, the city manager shall review administratively
such application to determine whether the application so qualifies.
(ii) Timeframe for Review: Within sixty days of the date on which an
applicant submits an application seeking approval of an eligible
facilities request, the manager shall approve an application unless
the manager determines that the application is not an eligible
facilities request.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(iii) Tolling of Timeframe for Review: The sixty-day review period
begins to run when the application is filed. The city manager and
the applicant may agree to toll the review period. The sixty-day
review period shall also be tolled where the manager determines
that the application is incomplete. The review period is tolled for
incompleteness pursuant to the following standards:
a. Within thirty days of receipt of the application, the manager
must notify the applicant in writing, clearly and specifically
delineating all missing documents or information required
for determination of an eligible facilities request;
b. The written incompleteness notice tolls the timeframe for
review;
c. The timeframe for review begins running again when the
applicant makes a supplemental submission in response to
the manager's notice of incompleteness;
d. Within ten days of the supplemental submission, the city
manager shall notify the applicant in writing that the
supplemental submission did not provide the information
identified in the original incompleteness notice; and
e. The timeframe is tolled in the case of a second or subsequent
incompleteness notice pursuant to the procedures for the first
incompleteness notice. Second or subsequent
incompleteness notices may not specify missing documents
or information that were not delineated in the original
incompleteness notice.
(iv) Failure to Act: In the event that the city manager fails to act on a
request seeking approval for an eligible facilities request within the
timeframe for review, accounting for any tolling, the request shall
be deemed granted. The effective date of a deemed-granted
approval shall be the day the city receives written notice from the
applicant, after the review period, accounting for any tolling, has
expired, that the application has been deemed granted.
(C) Review Criteria: The city manager shall approve an eligible facilities
request if the request:
(i) Is an eligible facilities request for an eligible support structure;
(ii) Does not result in a substantial change;
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(iii) Complies with the originally approved design elements and other
conditions of approval, including but not limited to colors,
textures, surfaces, scale, character, mounting, projection and siting,
or any approved amendments thereto, except where noncompliance
with those elements or conditions is solely limited to the thresholds
of increase in height, increase in width, addition of cabinets or new
excavation or deployment area identified in the definition of
substantial change; and
(iv) Does not defeat the concealment elements of the eligible support
structure. Any design element that places the wireless
communications facility out of view, hides it from being noticed,
blends it with its surroundings or otherwise minimizes the visual or
aesthetic impact of the facility is a concealment element of the
eligible support structure.
(D) Decision: If the city manager finds the review criteria of Subparagraph (C)
are met, the manager shall approve the eligible facilities request. If the
manager finds that the applicant's request does not meet the criteria of
Subparagraph (C), the manager may approve with conditions or deny the
eligible facilities request and provide a written disposition with the reasons
for conditional approval or denial to the applicant. The manager's decision
shall be supported by substantial evidence in the written record. Upon
issuance of the denial decision, the manager shall review the application
pursuant to the procedures established in Section 9-2-2, "Administrative
Review Procedures," B.R.C. 1981, and the requirements of this Subsection
(f) and may request additional information and documents from the
applicant to permit appropriate review.
(E) Compliance with Other Laws: Notwithstanding the approval of an
application for an eligible facilities request, all work done pursuant to the
application must be completed in accordance with all generally applicable
laws, regulations or other rules reasonably related to public health and
safety, including but not limited to, building and safety codes.
(F) Remedies: The applicants and the city may bring a claim related to §6409
of the Spectrum Act (codified at 47 U.S.C. 1455) to any court of
competent jurisdiction.
(3) Abandonment and Removal: No property owner or applicant shall fail to remove a
wireless communications facility that is abandoned or is unused for a period of six
months.
9-6-5 Specific Use Standards – Commercial Uses.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
FOOD, BEVERAGE, AND LODGING
(a) Bed and Breakfast:
(1) The following standards apply to bed and breakfast uses that may be approved as a
conditional use or pursuant to a use review:
(A) The structure is compatible with the character of the neighborhood in
terms of height, setbacks, and bulk. Any modifications to the structure are
compatible with the character of the neighborhood.
(B) One parking space is provided for each guest bedroom, and one space is
provided for the operator or owner's unit in the building.
(C) No structure contains more than twelve guest rooms. The number of guest
rooms shall not exceed the occupancy limitations set forth in Section 9-8-
6, "Occupancy Equivalencies for Group Residences," B.R.C. 1981.
(D) No cooking facilities including, without limitation, stoves, hot plates, or
microwave ovens are permitted in the guest rooms. No person shall permit
such use.
(E) One attached exterior sign is permitted to identify the bed and breakfast,
subject to the requirements of Section 9-9-21, "Signs," B.R.C. 1981.
(F) No long-term rental of rooms is permitted. No person shall permit a guest
to remain in a bed and breakfast for a period in excess of thirty days.
(G) No restaurant use is permitted. No person shall serve meals to members of
the public other than persons renting rooms for nightly occupancy and
their guests.
(H) No person shall check in or check out of a bed and breakfast or allow
another to do so except between the times of 6 a.m. and 9 p.m.
(b) Brewery, Distillery, and Winery:
(1) In the IS-1 and IS-2 Zoning Districts:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(A) In the IS-1 and IS-2 zoning districts, breweries, distilleries, and wineries
shall meet the following standards:
(i) Review Process: In the IS-1 and IS-2 zoning districts, the
following review process applies:
a. Allowed Use: Breweries, distilleries, and wineries are
allowed by right if the use does not exceed 15,000 square
feet in floor area and does not include a restaurant.
b. Conditional Use: Breweries, distilleries, and wineries that
are not allowed by right may be approved as a conditional
use if the use does not exceed 15,000 square feet in floor area
and any restaurant is closed between the hours of 11 p.m.
and 5 a.m.
c. Use Review: If the use is not allowed by right or as a
conditional use, the use may be approved only pursuant to a
use review subject to the use review criteria in Paragraphs 9-
2-15(e)(1), (3), (4), and (5) "Use Review," B.R.C. 1981.
(ii) General Standards: Any restaurant within a brewery, distillery, and
winery approved as a conditional use or pursuant to a use review
must also meet the following standards:
a. The restaurant does not exceed thirty percent of the total
floor area of the facility, or one thousand square feet,
whichever is greater, including any outdoor seating areas;
and
b. Parking for the restaurant meets the parking requirements for
restaurants, brewpubs, or taverns in Section 9-9-6, "Parking
Standards," B.R.C. 1981.
(2) In the IG and IM Zoning Districts:
(A) In the IG and IM zoning districts, breweries, distilleries, and wineries shall
meet the following standards:
(i) Review Process: In the IG and IM zoning districts, the following
review process applies:
a. Allowed Use: Breweries, distilleries, and wineries are
allowed by right if the use does not exceed 15,000 square
feet in floor area and does not include a restaurant.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
b. Conditional Use: If the use exceeds 15,000 square feet in
floor area or includes a restaurant, it may be approved as a
conditional use if any restaurant is closed between the hours
of 11 p.m. and 5 a.m.
c. Use Review: If the use is not allowed by right or as a
conditional use, the use may be approved only pursuant to a
use review subject to the use review criteria in Paragraphs 9-
2-15(e)(1), (3), (4), and (5) "Use Review," B.R.C. 1981.
(ii) General Standards: Any restaurant within a brewery, distillery, and
winery approved as a conditional use or pursuant to a use review
must also meet the following standards:
a. The restaurant does not exceed thirty percent of the total
floor area of the facility, or one thousand square feet,
whichever is greater, including any outdoor seating areas;
and
b. Parking for the restaurant meets the parking requirements for
restaurants, brewpubs, or taverns in Section 9-9-6, "Parking
Standards," B.R.C. 1981.
(3) In the IMS Zoning District:
(A) In the IMS zoning district, breweries, distilleries, and wineries shall meet
the following standards:
(i) Review Process: In the IMS zoning district, the following review
process applies:
a. Allowed Use: Breweries, distilleries, or wineries are allowed
by right if the use does not exceed 15,000 square feet in floor
area and does not include a restaurant.
b. Conditional Use: If the use is not allowed by right, it may be
approved as a conditional use provided any restaurant is
closed between the hours of 11 p.m. and 5 a.m.
c. Use Review: If any restaurant is open between the hours of
11 p.m. and 5 a.m., the use may be approved only pursuant
to a use review subject to the use review criteria in
Paragraphs 9-2-15(e)(1), (3), (4), and (5) "Use Review,"
B.R.C. 1981.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(ii) General Standards: Any restaurant within a brewery, distillery, and
winery approved as a conditional use or pursuant to a use review
must also meet the following standards:
a. The restaurant does not exceed thirty percent of the total
floor area of the facility, or one thousand square feet,
whichever is greater, including any outdoor seating areas;
and
b. Parking for the restaurant meets the parking requirements for
restaurants, brewpubs, or taverns in Section 9-9-6, "Parking
Standards," B.R.C. 1981; and
c. The use shall not exceed 15,000 square feet in floor area.
(c) Hostel:
(1) In the MU-4, BMS, DT-4, and DT-5 Zoning Districts:
(A) Review Process: In the MU-4, BMS, DT-4, and DT-5 zoning districts, a
hostel is 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. A hostel that is not allowed by right may be approved only
pursuant to a use review.
(d) Mobile Food Vehicle:
(1) The following applies to any mobile food vehicle use:
(A) Standards: Mobile food vehicle sales on private property, public property,
or in the public right-of-way are allowed by right if the use meets the
following standards:
(i) Mobile food vehicles within the public right-of-way shall only
operate in the RR-1, RR-2, RE, RL-1, IS-1, IS-2, IG, IM, IMS, and
P zoning districts.
(ii) The use shall be located at least:
a. One hundred fifty feet from any residential zoning districts,
except as provided in Subsection (d)(1)(A)(iv) of this
section;
b. One hundred fifty feet from any existing restaurant except as
provided in Subsection (d)(1)(A)(vii) below; and
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
c. Two hundred feet from any other mobile food vehicle with
regard to public right-of-way sales, no more than four mobile
food vehicles per private property in the MU-1, MU-2, MU-
3, BT-1, BT-2, BMS, BC-1, BC-2, BCS, BR-1, BR-2, DT-
1, DT-2, DT-3, DT-4, and DT-5 zoning districts, and no
limitation on the number of mobile food vehicles per private
property with the owner's permission in the Industrial zoning
districts.
d. Distances shall be measured by the city on official maps as
the radius from the closest points on the perimeter of the
applicant's mobile food vehicle to the closest point of the
designated residential zone or property of the restaurant. For
purposes of this section, the term restaurant shall include
"eating places" and "retail bakeries" as defined by the
Standard Industrial Classification Manual, the edition of
which shall be determined by the city manager. With regard
to measurement between two or more mobile food vehicles
in the public right-of-way, measurement shall be in the form
of standard measuring devices, including and not limited to,
a tape measure.
(iii) No person shall operate a mobile food vehicle in a public zoning
district unless in connection with an organized event pursuant to
Section 4-18-2, "Public Property Use Permits," B.R.C. 1981, or at
the Boulder Municipal Airport ("Airport") in such areas and
manner within the Airport property as approved by the city
manager pursuant to Section 11-4-4, "Special Airport Activity
Permits," B.R.C. 1981. For purposes of this section, the Airport
property shall be defined as Lot 2, Airport South Subdivision.
(iv) No person shall operate a mobile food vehicle in a residential
zoning district except with prior approval by the city manager in
the parking lot or the public right-of-way adjacent to North
Boulder Park or in any other park as approved by the manager.
(v) No person shall operate a mobile food vehicle sales use without a
permit or in violation of the conditions of a permit. The permit will
be valid for twelve consecutive months, or such other time as the
city manager may by rule designate. Such application shall meet
the following requirements:
a. Provide proof of, and maintain, a valid driver's license,
motor vehicle registration, and current motor vehicle
insurance;
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
b. Or in the case of a bicycle mobile food vehicle; provide
proof of, and maintain, a valid driver's license or state
issued picture identification card and evidence of insurance
coverage required by Section 4-1-8, "Insurance Required,"
B.R.C. 1981;
c. Provide proof of, and maintain, a Colorado retail food
license for a mobile unit;
d. Provide proof of, and maintain, a valid sales use tax license;
e. Provide payment of the fee prescribed by Section 4-20-66,
"Mobile Food Vehicle Sales," B.R.C. 1981.
(vi) As a condition of accepting the permit, the applicant shall sign an
agreement, in a form acceptable to the city manager, in which the
applicant agrees to meet all requirements under this section and
Chapter 4-1, "General Licensing Provisions," B.R.C. 1981, and
assume responsibility for the actions and omissions of its agents
and employees in the performance of or failure to perform its
obligation under the permit.
(vii) The city manager may, in his or her discretion, waive the
requirements of Subsection (d)(1)(a)(ii)b. above if the applicant at
the time of issuance, and each renewal of the permit, submits to the
city manager signed statements supporting the issuance of the
permit from every restaurant within 150 feet of the proposed food
truck location. The city manager may waive such requirements
only for the BC-1 zoning district. The city manager may deny a
request for waiver for any reason, with or without good cause.
(B) Scope:
(i) In addition to the zoning districts permitted by this section, mobile
food vehicle sales may take place in other public property
locations, or in the public right-of-way, but only as part of an
approved organized event or street closure permit, and granted
pursuant to the authority in Section 4-18-2, "Public Property Use
Permits," B.R.C. 1981, or any other relevant code section.
(ii) The standards set forth in Subparagraphs (d)(1)(A)(ii) and
(d)(1)(C) shall not apply to mobile food vehicle sales that meet the
criteria as indicated in Subparagraph (d)(1)(B)(i) of this section,
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
but shall be subject to any conditions imposed in connection with
the event. All other requirements of this subsection shall apply.
(iii) The city manager may, from time to time, prohibit the issuance of
additional licenses in specified areas of the city in the interest of
avoiding traffic congestion or preserving the public health, safety,
and welfare.
(C) Operating Requirements: No person who operates any mobile food vehicle
on public property or private property shall:
(i) Obstruct the pedestrian or bicycle access or the visibility of
motorists, nor obstruct parking lot circulation or block access to a
public street, alley, path, or sidewalk;
(ii) Locate any vehicle, structure, or device upon a public sidewalk
within the extended boundaries of a crosswalk, or within ten feet of
the extension of any building entranceway, doorway, or driveway;
(iii) Fail to maintain, and provide proof when requested, of written
consent from the private property owner authorizing the property
to be used for the proposed use with regard to mobile food vehicle
sales on private property;
(iv) Fail to park legally;
(v) Operate before 7 a.m. or after 9 p.m. and for more than a
maximum of four hours at any one approved location;
(vi) Set up any structures, canopies, tables, or chairs;
(vii) Sell anything other than food and nonalcoholic beverages;
(viii) Provide amplified music;
(ix) Place signs/banners in or alongside the public right-of-way or
across roadways. Signs must be permanently affixed to or painted
on the mobile food vehicle;
(x) Fail to have the vehicle attended at all times;
(xi) Fail to permanently display to the public in the food handling area
of the mobile food vehicle the permit authorizing such use;
(xii) Fail to provide at least three separate and clearly marked
receptacles for trash, recycling, and compost and properly separate
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and dispose of all trash, refuse, compost, recycling, and garbage
that is generated by the use;
(xiii) Cause any liquid wastes used in the operation to be discharged
from the mobile food vehicle;
(xiv) Sell in transit. "In transit" as used in this section shall mean
traveling from one destination to another either by roadway,
sidewalk, or path and in the case of a human powered mobile food
vehicle shall also include any stops along the way;
(xv) Fail to abide by all other ordinances of the city.
(D) The general licensing provisions of Chapter 4-1, "Licenses and Permits,"
B.R.C. 1981, shall apply.
(e) Restaurant, Brewpub, and Tavern:
(1) Applicability: This subsection (e) sets forth standards for restaurants, brewpubs,
and taverns that are subject to specific use standards pursuant to Table 6-1, Use
Table.
(2) Floor Area Measurement:
(A) When determining whether a restaurant, brewpub, or tavern meets the
maximum floor area requirements under this subsection, the applicant
shall include all areas inside the use 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.
(3) Standards for Outdoor Seating:
(A) Applicability: The following standards 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 seating areas that are within
the BMS, DT, and I zoning districts are also subject to the provisions of
Subparagraphs (e)(3)(B)(i), (ii), or (iii) of this section, when applicable.
(i) Size Limitations: Outdoor seating areas shall not exceed the indoor
seating area or seating capacity of the restaurant or tavern.
(ii) Parking Required: Parking in compliance with Section 9-9-6,
"Parking Standards," B.R.C. 1981, shall be provided for all
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
outdoor seating areas except those located in general improvement
districts.
(iii) Music: No outdoor music or entertainment shall be provided after
11 p.m.
(iv) Sound Levels: The outdoor seating area shall not generate noise
exceeding the levels permitted in Chapter 5-9, "Noise," B.R.C.
1981.
(v) Trash: All trash located within the outdoor seating area, on the
restaurant or tavern property, and adjacent streets, sidewalks, and
properties shall be picked up and properly disposed of immediately
after closing.
(4) In the RH-3 and RH-7 Zoning Districts:
(A) In the RH-3 and RH-7 zoning districts, restaurants, brewpubs, and taverns
are allowed by right if the use meets the following standards, and are
otherwise prohibited:
(i) The use has a maximum floor area of 1,000 square feet;
(ii) Total outdoor seating area is not more than 350 square feet; and
(iii) The use closes no later than 11 p.m.
(5) In the MU-2 and MU-3 Zoning Districts:
(A) Review Process: In the MU-2 and MU-3 zoning districts, the following
review process applies to restaurants, brewpubs, and taverns:
(i) Allowed Use: Restaurants, brewpubs, and taverns are allowed by
right if the use meets the following standards:
a. The use has a maximum floor area of 1,000 square feet;
b. Total outdoor seating area is not more than 350 square feet;
and
c. The use closes no later than 11 p.m.
(ii) Use Review: Restaurants, brewpubs, and taverns that are not
allowed by right may be approved only pursuant to a use review.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(6) In the MU-4 Zoning District:
(A) Review Process: In the MU-4 zoning district, the following review process
applies to restaurants, brewpubs, and taverns:
(i) Allowed Use: Restaurants, brewpubs, and taverns are allowed by
right if the use meets the following standards:
a. The use has a maximum floor area of 1,500 square feet;
b. Total outdoor seating area is not more than 500 square feet;
c. Any outdoor seating area located within 500 ft of a
residential zoning district does not exceed 300 square feet;
and
d. The use closes no later than 11 p.m.
(ii) Use Review: Restaurants, brewpubs, and taverns that are not
allowed by right may be approved only pursuant to a use review.
(7) In the BMS Zoning District:
(A) Review Process Outside UHGID: In the BMS zoning district, the
following review process applies to restaurants, brewpubs, and taverns
located outside the University Hill general improvement district:
(i) Allowed Use: Restaurants, brewpubs, and taverns are allowed by
right if the use meets the following standards:
a. The use has a maximum floor area of 1,500 square feet;
b. Total outdoor seating area is not more than 500 square feet;
c. Any outdoor seating area located within 500 feet of a
residential zoning district does not exceed 300 feet; and
d. The use closes no later than 11 p.m.
(ii) Use Review: Restaurants, brewpubs, and taverns that are not
allowed by right may be approved only pursuant to a use review,
subject to the following standard:
a. Good Neighbor Meetings and Management Plans Required:
Owners and operators of restaurant, brewpub, and tavern
uses shall organize and participate in a meeting with the
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
surrounding property owners pursuant to Section 9-2-4,
"Good Neighbor Meetings and Management Plans," B.R.C.
1981.
(B) Review Process Within UHGID:
(i) Conditional Use: In the BMS zoning district, restaurants,
brewpubs, and taverns located within the University Hill general
improvement district may be approved only as a conditional use
provided they meet following standards:
a. Meeting With Surrounding Property Owners Required:
Restaurant, brewpub, and tavern owners and operators shall
organize and participate in a good neighbor meeting with the
surrounding property owners pursuant to Section 9-2-4,
"Good Neighbor Meetings and Management Plans," B.R.C.
1981.
b. Preparation and Distribution of a Proposed Management
Plan: The owner or operator shall prepare a proposed
management plan, pursuant to Section 9-2-4, "Good
Neighbor Meetings and Management Plans," B.R.C. 1981,
and present it to the surrounding property owners at the
neighbor meeting.
c. Size of Establishment: Restaurants, brewpubs, and taverns
shall not exceed four thousand square feet in size.
d. Hours of Operation: Restaurants, brewpubs, and taverns
shall close no later than 11 p.m. unless the establishment is
operated without a liquor license.
e. Outdoor Seating Areas: Outdoor patio service shall cease no
later than 11 p.m. and, when applicable, shall comply with
the requirements of Paragraph (e)(3) of this section.
f. Trash, Recyclables, and Compostables: If the use is located
within 500 feet of a residential zoning district, trash,
recyclables, and compostables shall not be collected between
the hours of 10:30 p.m. and 7:30 a.m.
g. Food Service in Brewpubs and Taverns: In brewpubs and
taverns, snacks shall be offered and available for
consumption on the premises during all business hours.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
h. Food Service in Restaurants: In restaurants:
1. A food preparation area shall be in operation on the
premises during all business hours, and solid food,
prepared in the food preparation area, shall be
offered and available for consumption on the
premises during all business hours; and
2. Not less than fifty percent of the gross income from
sales of food and drink of the establishment over any
thirty-day period of time must be from sales of food;
receipts of all sources of income showing the name
of the establishment, the date of sale, a description of
each item sold, and the price paid for each item sold
shall be retained for one year and must be provided
to the city manager within seven days of request.
(8) In the BC-1, BC-2, BCS, BR-1, BR-2, DT-4, and DT-5 Zoning Districts:
(A) Review Process: In the BC-1, BC-2, BCS, BR-1, BR-2, DT-4, and DT-5
zoning districts, restaurants, brewpubs, and taverns are allowed by right
unless any outdoor seating area that is located within 500 feet of a
residential zoning district is 300 feet or more in size. A restaurant,
brewpub, or tavern that is not allowed by right may be approved only
pursuant to a use review.
(9) In the DT-1, DT-2, and DT-3 Zoning Districts:
(A) Applicability: In the DT-1, DT-2, and DT-3 zoning districts, the following
applies to restaurants, brewpubs, and taverns:
(i) Review Process:
a. Conditional Use: Restaurants, brewpubs, and taverns may be
approved as a conditional use if the use meets the following
standards:
1. The use has a maximum floor area of 1,500 square
feet;
2. Total outdoor seating area is not more than 500
square feet;
3. Any outdoor seating area located within 500 feet of
a residential zoning district does not exceed 300 feet;
and
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4. The use closes no later than 11 p.m.
b. Use Review: Restaurants, brewpubs, and taverns that may
not be approved as a conditional use may be approved only
pursuant to a use review.
(ii) General Standard: Owners and operators of restaurant, brewpub,
and tavern uses that may be approved as a conditional use or
pursuant to a use review must organize and participate in a meeting
with the surrounding property owners pursuant to Section 9-2-4,
"Good Neighbor Meetings and Management Plans," B.R.C. 1981.
(10) In the Industrial Zoning Districts:
(A) Brewpubs and Taverns: Brewpubs and taverns are prohibited in the
Industrial zoning districts.
(B) Restaurants: In the Industrial zoning districts, the following applies to
restaurants that are not within a brewery, distillery, or winery:
(i) Review Process: The following review process applies:
a. Conditional Use: A restaurant may be approved as a
conditional use if the use is closed between the hours of 11
p.m. and 5 a.m.
b. Use Review: A restaurant that may not be approved as a
conditional use may be approved only pursuant to a use
review. In addition to meeting the use review criteria, the use
must be located more than 500 feet from any residential use
or zoning district.
(ii) General Standards: All restaurants in the Industrial zoning districts
that are not within a brewery, distillery, or winery approved as a
conditional use or pursuant to a use review must also meet the
following standards:
a. The use is intended generally to serve the industrial area in
which it is located;
b. The use is not located along a major street or higher
classification street as shown in Appendix A, "Major
Streets," of this title;
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
c. In the IMS district only, the use shall be limited to a
maximum size of two thousand square feet of floor area; and
d. Parking for restaurants in industrial districts shall meet the
minimum number of off-street parking spaces per square
foot of floor area for nonresidential uses. The indoor and
outdoor seating requirements of Section 9-9-6(b), "Off-
Street Parking Requirements," B.R.C. 1981, shall not be
applied to industrial service centers.
(11) In the P Zoning District:
(A) Brewpubs and Taverns: Brewpubs and taverns are prohibited in the P
zoning district.
(B) Restaurants: In the P zoning district, the following applies to restaurants:
(i) Review Process: The following review process applies:
a. Allowed Use: Restaurants are allowed by right if the use
meets the following standards:
1. The restaurant is located in a regional park where the
use and any associated outdoor seating is no closer
than 500 feet to a residential zoning district; and
2. 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.
b. Use Review: Restaurants that are not allowed by right may
be approved only pursuant to a use review. In addition to
meeting the use review criteria, the use must be located in a
regional park.
(ii) General Standard: A restaurant that is not located in a regional
park is prohibited.
RECREATION AND ENTERTAINMENT
(f) Art or Craft Studio:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1) In the MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the MU-1, MU-2, and MU-3 zoning districts, art or
craft studios are allowed by right for 2,000 square feet or less of floor area
per lot or parcel. Art or craft studios that are not allowed by right may be
approved only pursuant to a use review.
(g) Indoor Athletic Facility:
(1) In the RL-2, RM-2, RM-1, RM-3, and RMX-1 Zoning Districts:
(A) In the RL-2, RM-2, RM-1, RM-3, and RMX-1 zoning districts, an indoor
athletic facility may be approved only pursuant to a use review. In
addition to meeting the use review criteria, the floor area of the use shall
not exceed 250 square feet.
(2) In the RH-3, RH-7, MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the RH-3, RH-7, MU-1, MU-2, and MU-3 zoning
districts, an indoor athletic facility is allowed by right if the floor area does
not exceed 1,000 square feet. An indoor athletic facility that is not allowed
by right may be approved only pursuant to a use review.
(3) In the BT-1, BT-2, and BMS Zoning Districts:
(A) Review Process: In the BT-1, BT-2, and BMS zoning district, an indoor
athletic facility is allowed by right if the floor area does not exceed 2,000
square feet. An indoor athletic facility that is not allowed by right may be
approved only pursuant to a use review.
(h) Temporary Event:
(1) Temporary events may be approved as a conditional use if the following standards
are met:
(A) Such uses are temporary and limited to two consecutive weeks in any
three-month period, unless otherwise approved by the city manager;
(B) Such uses conducted from movable structures or upon vacant lots shall
submit a site plan, including, without limitation, the location, setback from
property line, screening, sign and fence locations, if applicable, and
electric meter locations or power source;
(C) Applicants shall obtain the appropriate sales tax license and, if applicable,
temporary fence permits;
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(D) All exterior areas used for such uses and the lot or parcel that such uses
occur upon shall meet the bulk requirements of Section 9-7-1, "Schedule
of Form and Bulk Standards," B.R.C. 1981;
(E) Such uses may not adversely affect the required parking or result in unsafe
conditions or unacceptable levels of congestion;
(F) Upon termination of the use pursuant to Subparagraph (h)(1)(A) of this
section, the lot or parcel shall be returned substantially to its original
condition. All litter, fences, borders, tie-down materials, and other items
associated with the temporary sale shall be promptly removed. Unless
otherwise approved by the city manager, "promptly," as used in this
subparagraph, shall mean within five days;
(G) Temporary sales shall only be conducted by the owner or lessee of the
property on which it is conducted and only in conjunction with the
principal use of the property; and
(H) In the P zoning district, temporary sales are prohibited.
(I) Prohibitions: No person shall sell merchandise or services from a motor
vehicle, trailer, mobile home, or tent upon any public or private property,
including, without limitation, lots, or portions thereof that are vacant or
used for parking except as provided in this section.
OFFICE USES
(i) Office Uses:
(1) This subsection (i) sets forth standards for uses in the office uses category that are
subject to specific use standards pursuant to Table 6-1, Use Table.
(2) Office Uses in the MU-4 Zoning District:
(A) Review Process: In the MU-4 zoning district, the following review process
applies to office uses:
(i) Allowed Use: Office uses are allowed by right if the individual
office use does not exceed 20,000 square feet in floor area of the
building.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(ii) Use Review: Office uses that may not be approved by right may be
approved pursuant to a use review if the approving authority finds
that the use:
a. Meets the use review criteria in Paragraphs 9-2-15(e)(1), (3),
(4), and (5), "Use Review," B.R.C. 1981; and
b. The proposed use will contribute to a diversity of uses in the
area and to making the area a lively and engaging place.
(3) Office Uses in the BT-1, BT-2, BMS, BR-1, and BR-2 Zoning Districts:
(A) Review Process: In the BT-1, BT-2, BMS, BR-1, and BR-2 zoning
districts, the following review process applies to office uses:
(i) Allowed Use: Office uses are allowed by right if they meet the
following standards:
a. The use is located within the University Hill general
improvement district; or
b. The combined total amount of floor area of any office uses
does not exceed 20,000 square feet on the lot or parcel; or
c. The use was legally established within the associated floor
area prior to August 6, 2019. Uses that exceed the 20,000
square feet limitation of subparagraph (A)(i)b. shall be
considered a nonconforming use. Changes in operations,
such as changes in ownership, tenancy, management,
number of employees, hours of operation, or changes to
other uses also within the office use category within the
existing floor area referenced in this subsection, shall not be
considered an expansion of a nonconforming use. Such
changes shall not require a request for a change of use
pursuant to Section 9-10-3(c)(2), “Standards for Changes to
Nonconforming Uses,” B.R.C. 1981. Additions or changes
to floor plans that result in the combined floor area of these
uses exceeding the 20,000 square foot limitation of
subparagraph (A)(i)b. for the nonconforming floor area may
not be allowed by right.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(ii) Conditional Use: The use may be approved as a conditional use if
the following standards are met:
a. The total amount of floor area of any office uses does not
exceed 40,000 square feet on the lot or parcel;
b. Dwelling units are constructed on the same lot or parcel or
within the area of the same approved site review, planned
unit development, or form-based code review and at least
thirteen percent of those dwelling units meet the
requirements for permanently affordable units set forth in
Chapter 9-13, "Inclusionary Housing," B.R.C. 1981; and
c. No less than two permanently affordable units are
constructed on said lot or parcel or within said area of an
approved site review, planned unit development, or form-
based code review.
(iii) Use Review: Any use that is not allowed by right and may not be
approved as a conditional use may be approved pursuant to a use
review if the approving authority finds that the use:
a. Meets the use review criteria in Paragraphs 9-2-15(e)(1), (3),
(4), and (5), "Use Review," B.R.C. 1981; and
b. The proposed use is part of a mixed-use development that
includes residential or retail uses.
(4) Office Uses in the BCS Zoning District:
(A) In the BCS zoning district, office uses are allowed by right if the
combined total amount of floor area of such uses does not exceed fifty
percent of the total floor area of the building, and are otherwise prohibited.
(j) Medical Laboratory:
(1) In the RH-3, RH-7, MU-1, MU-2, and MU-3 Zoning Districts:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(A) Review Process: In the RH-3, RH-7, MU-1, MU-2, and MU-3 zoning
districts, a medical laboratory is allowed by right if at least fifty percent of
the floor area of the building is for residential uses and the total floor area
of nonresidential uses in the building is less than 7,000 square feet. A
medical laboratory that is not allowed by right may be approved only
pursuant to a use review.
(k) Office, Administrative:
(1) In the DT-4 Zoning District:
(A) Review Process: In the DT-4 zoning district, an administrative office is
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. An
administrative office that is not allowed by right may be approved only
pursuant to a use review.
(l) Office, Medical:
(1) In the MU-3 Zoning District:
(A) Review Process: In the MU-3 zoning district, a medical office is allowed
by right if at least fifty percent of the floor area of the building is for
residential uses and the total floor area of nonresidential uses in the
building is less than 7,000 square feet. A medical office that is not allowed
by right may be approved only pursuant to a use review.
(2) In the DT-4 Zoning District:
(A) Review Process: In the DT-4 zoning district, a medical office is 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. A medical
office that is not allowed by right may be approved only pursuant to a use
review.
(3) In the IG Zoning District:
(A) Review Process: In the IG zoning district, the following standards apply to
any medical office that may be approved as a conditional use:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(i) The use must be located on a lot or parcel designated in Appendix
K, "Properties Where Medical Offices May Be Located as
Conditional Uses in the IG Zoning District;"
(ii) The use must be located in a building existing on the lot or parcel
with a certificate of occupancy on or before April 7, 2015, or in a
building for which a building permit application for new
construction on the lot or parcel was submitted on or before April
7, 2015; and
(iii) Any changes to the building for the medical office use shall not
result in a cumulative total increase in floor area of more than ten
percent of the floor area of the building existing on April 7, 2015,
or shown in the building permit application submitted on or before
April 7, 2015, as applicable.
(m) Office, Professional:
(1) In the RH-3, RH-7, MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the RH-3, RH-7, MU-1, MU-2, and MU-3 zoning
districts, a professional office is allowed by right if at least fifty percent of
the floor area of the building is for residential uses and the total floor area
of nonresidential uses in the building is less than 7,000 square feet. A
professional office that is not allowed by right may be approved only
pursuant to a use review.
(2) In the DT-4 Zoning District:
(A) Review Process: In the DT-4 zoning district, a professional office is
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. A
professional office that is not allowed by right may be approved only
pursuant to a use review.
(n) Office, Technical:
(1) In the RH-3, RH-7, MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the RH-3, RH-7, MU-1, MU-2, and MU-3 zoning
districts, a technical office is allowed by right if at least fifty percent of the
floor area of the building is for residential uses and the total floor area of
nonresidential uses in the building is less than 7,000 square feet. A
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
technical office that is not allowed by right may be approved only
pursuant to a use review.
(2) In the MU-4 and BMS Zoning Districts:
(A) Review Process: In the MU-4 and BMS zoning districts, a technical office
is allowed by right if the floor area of the use does not exceed 5,000
square feet. A technical office that is not allowed by right may be
approved only pursuant to a use review.
(3) In the DT-4 Zoning District:
(A) Review Process: In the DT-4 zoning district, a technical office is 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. A technical
office that is not allowed by right may be approved only pursuant to a use
review.
(4) In the IS-1 and IS-2 Zoning Districts:
(A) In the IS-1 and IS-2 zoning districts, a technical office is allowed by right
if the floor area of the use does not exceed 5,000 square feet and is
otherwise prohibited.
RETAIL SALES USES
(o) Building Material Sales:
(1) In the BC-1 and BC-2 Zoning Districts:
(A) In the BC-1 and BC-2 zoning districts, building material sales that may be
approved pursuant to a use review shall not exceed 15,000 square feet of
floor area on the lot or parcel. Otherwise, the use is prohibited.
(2) In the Industrial Zoning Districts:
(A) Review Process: In the Industrial zoning districts, building material sales
uses are allowed by right for 15,000 square feet or less of floor area per lot
or parcel. Building material sales that are not allowed by right may be
approved only pursuant to a use review
(p) Convenience Retail Sales:
(1) In the RL-2, RM-2, RM-1, RM-3, and RMX-1 Zoning Districts:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(A) In the RL-2, RM-2, RM-1, RM-3, and RMX-1 zoning districts,
convenience retail sales that may be approved pursuant to a use review
shall not exceed 2,000 square feet in floor area per lot or parcel.
Otherwise, the use is prohibited.
(2) In the RH-3, RH-7, and MU-2 Zoning Districts:
(A) Review Process: In the RH-3, RH-7, and MU-2 zoning districts,
convenience retail sales are allowed by right for 2,000 square feet or less
of floor area per lot or parcel. Convenience retail sales that are not allowed
by right may be approved only pursuant to a use review.
(3) In the MU-1 and MU-3 Zoning Districts:
(A) Review Process: In the MU-1 and MU-3 zoning districts, the following
review process applies to convenience retail sales:
(i) Allowed Use: Convenience retail sales are allowed by right if they
meet the following standards:
a. The use is 2,000 square feet or less in floor area of the
building; or
b. If the use is greater than 2,000 square feet of floor area, the
cumulative floor area of nonresidential uses in the building
is less than 7,000 square feet, and at least fifty percent of the
building's floor area is for residential uses.
(ii) Use Review: Convenience retail sales that are not allowed by right
may be approved only pursuant to a use review.
(q) Fuel Sales:
(1) The following standards apply to any fuel sales use that may be approved as a
conditional use or pursuant to a use review:
(A) There is adequate space to allow up to three cars to stack in a line at a
pump without using any portion of the adjacent street.
(B) The visual impact of the use is minimized and screened from adjacent
rights-of-way and properties through placement of buildings, screening,
landscaping, and other site design techniques.
(C) Dispensing pumps are not located within twenty-five feet of a property
line abutting a street.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(D) The location, size, design, and operating characteristics of the proposed
facility are reasonably compatible with the use of nearby properties.
(E) A minimum landscaped side yard setback of twenty feet and a minimum
rear yard landscaped setback of twenty-five feet are required where the
use abuts residential uses or residential zoning districts.
(F) Fuel sales in industrial zones shall only be permitted in association with a
convenience retail store pursuant to Paragraph 9-6-3(a)(2), B.R.C. 1981.
(G) Servicing of vehicles is limited to the checking and adding of fluids and
air and the cleaning of windows. No other repair or servicing of vehicles is
permitted on site.
(r) Retail Sales:
(1) In the MU-2 and MU-3 Zoning Districts:
(A) Review Process: In the MU-2 and MU-3 zoning districts, retail sales that
may be approved pursuant to a use review shall not exceed 5,000 square
feet in floor area per individual use. Otherwise, the use is prohibited.
(2) In the MU-4, BMS, BC-1, BC-2, DT-1, DT-2, and DT-3 Zoning Districts:
(A) Review Process: In the MU-4, BMS, BC-1, BC-2, DT-1, DT-2, and DT-3
zoning districts, retail sales are allowed by right if each such use has less
than 20,000 square feet of floor area. Retail sales that are not allowed by
right may be approved only pursuant to a use review.
SERVICE USES
(s) Broadcasting and Recording Facility:
(1) In the MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the MU-1, MU-2, and MU-3 zoning districts, a
broadcasting and recording facility is allowed by right if at least fifty
percent of the floor area of the building is for residential uses and the total
floor area of nonresidential uses in the building is less than 7,000 square
feet. A broadcasting and recording facility that is not allowed by right may
be approved only pursuant to a use review.
(2) In the BMS Zoning District:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(A) Review Process: In the BMS zoning district, a broadcasting and recording
facility is 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. A broadcasting and recording facility that is not allowed by right
may be approved only pursuant to a use review.
(t) Business Support Service:
(1) In the MU-4, BMS, IS-1, IS-2, and IMS Zoning Districts:
(A) Review Process: In the MU-4, BMS, IS-1, IS-2, and IMS zoning districts,
business support service uses are allowed by right if the uses are less than
10,000 square feet of floor area per lot or parcel. A business support
service that is not allowed by right may be approved only pursuant to a use
review.
(u) Financial Institution:
(1) In the RH-3, RH-7, MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the RH-3, RH-7, MU-1, MU-2, and MU-3 zoning
districts, a financial institution is allowed by right if at least fifty percent
of the floor area of the building is for residential uses and the total floor
area of nonresidential uses in the building is less than 7,000 square feet. A
financial institution that is not allowed by right may be approved only
pursuant to a use review.
(2) In the MU-4 Zoning District:
(A) Review Process: In the MU-4 zoning district, the following review process
applies to financial institutions:
(i) Allowed Use: Financial institutions are allowed by right if the
individual financial institution does not exceed 20,000 square feet
in floor area of the building.
(ii) Use Review: Financial institutions that may not be approved by
right may be approved pursuant to a use review if the approving
authority finds that the use:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
a. Meets the use review criteria in Paragraphs 9-2-15(e)(1), (3),
(4), and (5), "Use Review," B.R.C. 1981; and
b. The proposed use will contribute to a diversity of uses in the
area and to making the area a lively and engaging place.
(3) In the BMS, DT-1, DT-2, DT-3, DT-4, and DT-5 Zoning Districts:
(A) Review Process: In the BMS, DT-1, DT-2, DT-3, DT-4, and DT-5 zoning
districts, the following review process applies to financial institutions:
(i) Allowed Use: A financial institution is 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.
(ii) Use Review: A financial institution that is not allowed by right
may be approved only pursuant to a use review. In addition to
meeting the use review criteria, the applicant shall demonstrate that
the use contributes to an active and vibrant pedestrian streetscape.
(v) Industrial Service Center:
(1) An industrial service center may be approved as a conditional use or pursuant to a
use review in the IG and IM zoning districts if the following standards are met:
(A) Site Review Required: The application for an industrial service center may
only be approved as part of a site review application under Section 9-2-14,
"Site Review," B.R.C. 1981. The minimum site review thresholds in
Paragraph 9-2-14(b)(1), B.R.C. 1981, shall not apply to an application for
an industrial service center. The following additional factors will be
considered in the site review process:
(i) The nonresidential uses are of the type and size for the service and
convenience of the employees of the surrounding area; and
(ii) The placement, design and character of the nonresidential use are
complementary to and compatible with the predominantly
industrial character of the area;
(B) Maximum Size of Property: The industrial service center shall not exceed
two acres in size. An industrial service center may be located on a
property that exceeds two acres in size;
(C) Location: The industrial service center shall be located at least one-quarter
of a mile from land that is zoned as a business district described in Section
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
9-5-2, "Zoning Districts," B.R.C. 1981, or from another industrial service
center;
(D) Restaurant Parking: Parking for industrial service centers shall meet the
minimum number of off-street parking spaces per square foot of floor area
for nonresidential uses. The indoor and outdoor seating requirements of
Section 9-9-6(b), "Off-Street Parking Requirements," shall not be applied
to industrial service centers;
(E) Permitted Nonresidential Uses: Any use permitted in the underlying
zoning district classification may be permitted in an industrial service
center, provided that all of the requirements for such uses are met. The
additional permitted uses within an industrial service use, subject to size
restrictions, include the following:
Permitted Uses Restrictions
Office — professional 1,500 sq. ft. maximum per office use, and the
cumulative total of all office uses shall not exceed
20% of the total floor area of the industrial service
center
Office — medical and
dental
1,500 sq. ft. maximum per office use, and the
cumulative total of all office uses shall not exceed
20% of the total floor area of the industrial service
center
Personal service use 2,000 sq. ft. maximum per personal service use
Convenience retail use 2,500 sq. ft. maximum per convenience retail use
Retail 2,000 sq. ft. maximum per retail use
Financial institution 1,500 sq. ft. maximum per financial institution use
Restaurant Conditional use requirements for restaurants in
paragraph 9-6-5(e)(10) are not applicable
(F) Hours of Operation:
(i) Any use permitted in an industrial service center may operate daily
between the hours of 5:00 a.m. and 11:00 p.m.
(ii) No person shall operate any use in an industrial service center
between the hours of 11:00 p.m. and 5:00 a.m., unless the use is:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
a. Approved through a use review process; and
b. Located more than five hundred feet from an adjacent
residential use or zone.
(w) Neighborhood Business Center:
(1) The following standards apply to any neighborhood business center that may be
approved pursuant to a use review:
(A) Site Review Required: The application for a neighborhood business center
may only be approved as part of a site review application under Section 9-
2-14, “Site Review,” B.R.C. 1981.
(B) Size: The entire neighborhood business center shall not exceed three acres
in size and is located so as to provide services primarily to existing
residential development in the surrounding neighborhood;
(C) Type and Size Compatible: The nonresidential uses are of a type and size
appropriate for the service and convenience of the residents of the
residential development or the surrounding residential neighborhood;
(D) Placement, Design and Character Compatible: The placement, design and
character of the nonresidential uses are complementary to and compatible
with the predominantly residential character of the residential
development or the surrounding established residential neighborhood;
(E) Permitted Nonresidential Uses: The nonresidential uses permitted are
restaurants, as set forth in Subparagraph (w)(1)(F) of this section, and the
list of uses and their respective size limitations set forth in Table 6-4 of
this section, notwithstanding any restrictions within Section 9-6-1,
"Schedule of Permitted Land Uses," B.R.C. 1981. Each "use" shall be a
separate business or commercial operation; and
TABLE 6-4: NEIGHBORHOOD BUSINESS CENTER USE RESTRICTIONS
Allowed Uses Size Restrictions
Daycare center 50 children - not to exceed 2,500 square
feet
Offices -
professional/technical/general
1,000 square feet maximum per office use
and the cumulative total of all office uses
shall not exceed 20 percent of the total
floor area of the neighborhood business
center
Offices -
medical/dental/including other
1,000 square feet maximum per office and
the cumulative total of all office uses shall
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
health arts, including
chiropractors, physical
therapists, nutritionists, mental
health practitioners
not exceed 15 percent of the total floor area
of the neighborhood business center
Personal service use 1,500 square feet maximum per use
Establishments for the retailing
of convenience goods
1,500 square feet maximum per use,
however a convenience food store may be
a maximum of 5,000 square feet if it does
not exceed 50 percent of the total floor area
of the neighborhood business center
Full service food market or
grocery store
10,000 square feet maximum, provided that
such use does not exceed 50 percent of the
neighborhood business center
General retail 1,000 square feet maximum per use
Art and studio space 1,000 square feet maximum per use
(F) Restaurant Restrictions: Restaurants are permitted as a use within a
neighborhood business center provided the following criteria are met,
notwithstanding any restriction within Section 9-6-1, "Schedule of
Permitted Land Uses," B.R.C. 1981:
(i) No Parking Reduction: No parking reduction may be granted for
the neighborhood business center or any contemporaneously
developed adjacent residential development unless the applicant
can provide adequate assurances that there will be no parking
spillover onto the surrounding residential streets;
(ii) Size: The gross floor area of the restaurant does not exceed one
thousand five hundred square feet in size, and up to three hundred
additional square feet of floor area may be utilized for storage
purposes only;
(iii) Proportion of Development: The restaurant use is included in a
development containing other uses approved as part of the
neighborhood business center and does not exceed twenty-five
percent of the gross floor area of the project;
(iv) Drive-Thru Uses Prohibited: The restaurant does not contain a
drive-thru facility;
(v) Trash Storage: A screened trash storage area is provided adjacent
to the restaurant use, in accordance with the requirements of
Section 9-9-18, "Trash Storage and Recycling Areas," B.R.C.
1981;
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(vi) Loading Area: A loading area meeting the requirements of Section
9-9-9, "Off-Street Loading Standards," B.R.C. 1981, provided
adjacent to the restaurant use;
(vii) Signage: Signage complies with a sign program approved as part
of the review by the city manager consistent with the requirements
of Section 9-9-21, "Signs," B.R.C. 1981; and
(viii) Environmental Impacts: Any environmental impact including,
without limitation, noise, air emissions and glare is confined to the
lot upon which the restaurant use is located and is controlled in
accordance with applicable city, state, and federal regulations.
VEHICLE-RELATED USES
(x) Drive-Thru Use:
(1) The following standards apply to any drive-thru use that may be approved pursuant
to a use review:
(A) No drive-thru facility is allowed in any Downtown (DT) district unless the
property is located directly abutting Canyon Boulevard.
(B) Hazardous and other adverse effects on adjacent sites and streets are
avoided.
(C) The location of any access to the drive-thru facility from an adjacent street
does not impair its traffic-carrying capacity.
(D) Internal circulation and access to and egress from the site do not
substantially impair the movement of other modes of transportation, such
as bicycles and pedestrians, to and through the site.
(E) Clearly marked pedestrian crosswalks are provided for each walk-in
customer access to the facility adjacent to the drive-thru lanes.
(F) The drive-thru use is screened from adjacent rights-of-way and properties
through placement of the use, screening, landscaping, or other site design
techniques.
(G) Environmental impacts, including, without limitation, noise, air emissions
and glare are not significant for the employees of the facility or the
surrounding area.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(H) Any curb cuts serving the use are not located within two hundred feet of
any intersection of the rights-of-way of any two of the major streets or
major arterials shown on the map of major streets.
(I) The location, size, design, and operating characteristics of the proposed
facility are such that the drive-thru operation will be reasonably
compatible with and have minimal negative impact on the use of nearby
properties.
(J) The noise generated on the site is inaudible to adjacent residential uses,
measured at or inside the property line of property other than that on
which the sound source is located.
(K) Nonconforming drive-thrus shall comply with the criteria of Subsection 9-
10-2(d), B.R.C. 1981.
(y) Fuel Service Station:
(1) The following standards apply to any fuel service station that may be approved as
a conditional use or pursuant to a use review:
(A) General Standards: Any fuel service station that may be approved as a
conditional use or pursuant to a use review shall meet the following
standards:
(i) Areas for the storage of vehicles to be serviced in excess of
twenty-four hours are in enclosed areas or shielded from view from
adjacent properties.
(ii) There is adequate space to allow up to three cars to stack in a line
at a pump without using any portion of the adjacent street.
(iii) The visual impact of the use is minimized and screened from
adjacent rights-of-way and properties through placement of
buildings, screening, landscaping, and other site design techniques.
(iv) Dispensing pumps are not located within twenty-five feet of a
property line abutting a street.
(v) In addition to the parking requirements of Sections 9-7-1,
"Schedule of Form and Bulk Standards," and 9-9-6, "Parking
Standards," B.R.C. 1981, and the stacking requirements of
Subparagraph (y)(1)(A)(ii) of this subsection, adequate space is
provided for the storage of two vehicles per service bay off-street.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(vi) The location, size, design, and operating characteristics of the
proposed facility are reasonably compatible with the use of nearby
properties.
(vii) A minimum landscaped side yard setback of twenty feet and a
minimum rear yard landscaped setback of twenty-five feet are
required where the use abuts residential uses or residential zoning
districts.
(B) In the BC-1, BC-2, BR-1, BR-2, IS-1, IS-2, and IG Zoning Districts:
(i) Review Process: In the BC-1, BC-2, BR-1, BR-2, IS-1, IS-2, and
IG zoning districts, the following review process applies to fuel
service stations:
a. Conditional Use: A fuel service station may be approved as
a conditional use if it is not located adjacent to any
residential uses.
b. Use Review: Fuel service stations that may not be approved
as a conditional use may be approved only pursuant to a use
review.
(z) Principal Parking Facility:
(1) In the DT-1, DT-2, DT-3, and DT-5 Zoning Districts:
(A) Applicability: In the DT-1, DT-2, DT-3, and DT-5 zoning districts, the
following standards apply to any automobile parking garage as a principal
use on a lot that is over 20,000 square feet and may be approved pursuant
to a use review:
(i) Building Setbacks: The building shall be set back fifteen feet from
any property line adjacent to a public street, but not an alley, for
any portions of the building between thirty-five feet and forty-five
feet in height. The facade of the building shall be set back thirty
feet from any property line adjacent to a public street, but not an
alley, for any portions of the building between forty-five feet and
fifty-five feet in height. All portions of a building above the
permitted height shall also be required to meet the requirements set
forth in Section 9-2-14, "Site Review," B.R.C. 1981.
(ii) Maximum Number of Stories: The requirements for the maximum
number of stories set forth in Section 9-7-1, "Schedule of Form
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and Bulk Standards," B.R.C. 1981, shall not be applied to the
parking areas within automobile parking garages.
(iii) First Floor Wrap Required: No person shall build an automobile
parking garage pursuant to the provisions of this subsection
without providing a first floor retail wrap meeting the following
standards:
a. The depth of the retail wrap is a minimum of twenty-five and
a maximum of thirty feet;
b. The wrap faces on all streets, except alleys, for the entire
length of the building, except for those places necessary to
provide ingress and egress into the parking areas; and
c. The space is used for retail, restaurant, and other pedestrian-
oriented uses otherwise permitted or approved in the zoning
district.
(iv) Second Floor Wrap Required: No person shall build an automobile
parking garage pursuant to the provisions of this subsection
without providing a second floor wrap meeting the following
standards:
a. The depth of the second floor wrap is a minimum of fifteen
feet and a maximum of thirty feet;
b. The second floor wrap faces on all streets, except alleys, for
the entire length of the building; and
c. The space is for any use otherwise permitted or approved for
the zoning district.
(v) Floor Area Ratio Requirements: The maximum floor area ratio for
non-parking uses shall be 0.7:1. Uninhabitable space shall not be
included in the floor area ratio calculation for non-parking uses.
The floor area ratios set forth in Section 9-7-1, "Schedule of Form
and Bulk Standards," B.R.C. 1981, and the floor area ratio
requirements applying to the Downtown (DT) districts, as shown
in Section 9-8-1, "Schedule of Intensity Standards," B.R.C. 1981,
shall not be applied to an automobile parking garage.
(vi) Modified Through Site Review: The provisions in Subparagraphs
(z)(1)(A)(i), (iii), (iv), and (v) of this section may be modified as
part of a site review pursuant to Section 9-2-14, "Site Review,"
B.R.C. 1981, if the approving authority finds that the design of the
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
structure provides other features that mitigate the adverse effects of
the building on the street and on pedestrians.
(aa) Sales or Rental of Vehicles:
(1) The following standards apply to any sales or rental of vehicles that may be
approved as a conditional use or pursuant to a use review:
(A) General Standards: Any sales or rental of vehicles approved as a
conditional use or pursuant to a use review shall meet the following
standards:
(i) No person shall allow outdoor intercoms and similar devices that
electronically amplify sound to be audible at or beyond the
property line.
(ii) The use shall not be open for business during the hours of 9:00
p.m. through 7:00 a.m.
(iii) During regular business hours, outdoor lighting on the property
shall not exceed an average of ten foot-candles.
(iv) During all other times, outdoor lighting on the property shall be in
conformance with the standards set forth in Section 9-9-16,
"Lighting, Outdoor," B.R.C. 1981.
(B) In the BCS Zoning District:
(i) Review Process: In the BCS zoning district, sales or rental of
vehicles are allowed by right if the use is not located within 500
feet of a residential zoning district. Sales or rental of vehicles that
are not allowed by right may be approved only pursuant to a use
review.
(C) In the IS-1, IS-2, and IG Zoning Districts:
(i) Review Process: In the IS-1, IS-2, and IG zoning districts, sales or
rental of vehicles are allowed by right if the use is not located
within 500 feet of a residential zoning district. Sales or rental of
vehicles that are not allowed by right may be approved only as a
conditional use.
(bb) Service of Vehicles:
(1) In the MU-4, BMS, and IM Zoning Districts:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(A) In the MU-4, BMS, and IM zoning districts, outdoor storage is prohibited
between the hours of 9 p.m. and 7 a.m. of the following day.
(2) In the BCS Zoning District:
(A) In the BCS zoning district, service of vehicles is allowed by right if the
use does not include outdoor storage. Service of vehicles that is not
allowed by right may be approved only pursuant to a use review.
9-6-6. Specific Use Standards – Industrial Uses.
STORAGE, DISTRIBUTION, AND WHOLESALING
(a) Outdoor Display of Merchandise:
(1) The following standards apply to the outdoor display of merchandise:
(A) Merchandise shall not be located within any required yard adjacent a
street;
(B) Merchandise shall not be located within or obstruct required parking and
vehicular circulation areas or sidewalks;
(C) Merchandise shall be screened to the extent possible from the view of
adjacent streets; and
(D) Outdoor display is for the temporary display of merchandise and not for
the permanent storage of stock.
PRODUCTION AND PROCESSING
(b) Manufacturing Use:
(1) In the MU-4 and BCS Zoning Districts:
(A) Review Process: In the MU-4 and BCS zoning districts, manufacturing
uses are allowed by right with a maximum of 15,000 square feet of floor
area per lot or parcel and are otherwise prohibited.
(2) In the IS-1 and IS-2 Zoning Districts:
(A) Review Process: In the IS-1 and IS-2 zoning districts, manufacturing uses
are allowed by right with a maximum of 15,000 square feet of floor area
per lot or parcel. A manufacturing use that is not allowed by right may be
approved only pursuant to a use review.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(c) Manufacturing Uses with Potential Off-Site Impacts:
(1) All manufacturing uses with potential off-site impacts which may produce effects
on the environment that are measurable at or beyond the property line, may be
approved pursuant to a use review, provided that such uses shall demonstrate that
such effects are not detrimental to the public health, safety or general welfare; that
any noise, smoke, vapor, dust, odor, glare, vibration, fumes or other environmental
contamination is controlled in accordance with applicable city, state or federal
regulations; and that a plan of control for the above effects on the environment and
an estimate of the measurement of each at the property lines is submitted at the time
of such use review application.
(d) Recycling Collection Facilities – Large:
(1) Large recycling collection facilities that may be approved pursuant to a use review
shall meet the following standards:
(A) The facility shall meet all setback and landscaping requirements of the
zoning district in which it is located.
(B) The facility shall not abut a property zoned for residential use.
(C) The facility shall be screened from the public right-of-way by operating:
(i) Within an enclosed building, or
(ii) Within an area enclosed by an opaque fence at least seven feet in
height with landscaping, and at least one hundred and fifty feet
from property zoned, planned in the Boulder Valley
Comprehensive Plan, or occupied for residential use.
(D) All exterior storage of material shall be in sturdy containers or enclosures
which are covered, secured, and maintained in good condition, or shall be
baled or pelletized. Storage containers for flammable material shall be
constructed of nonflammable material. Oil storage shall be in containers
approved by the city fire department. No storage, excluding truck trailers
and overseas containers, shall be visible above the height of the fencing.
(E) The site shall be maintained free of vermin infestation and shall be cleaned
of litter and loose debris on at least a daily basis.
(F) One parking space shall be provided for each commercial vehicle operated
by the recycling facility. Parking requirements are as required in the zone,
except that parking requirements for employees may be reduced if it can
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
be shown that such parking spaces are not necessary, such as when
employees are transported in a company vehicle to the work facility.
(G) If the facility is located within five hundred feet of property zoned,
planned under the Boulder Valley Comprehensive Plan, or occupied for
residential use, it shall not operate between 7:00 p.m. and 7:00 a.m.
(H) Any container provided for after-hours donation of recyclable materials
shall be at least fifty feet from any property zoned, planned in the Boulder
Valley Comprehensive Plan, or occupied for residential use, shall be of
sturdy, rustproof construction, shall have sufficient capacity to
accommodate materials collected, and shall be secure from unauthorized
entry or removal of materials.
(I) The containers shall be clearly marked to identify the type of materials
that may be deposited. The facility shall display a notice stating that no
material shall be left outside the recycling containers.
(J) The facility shall be clearly marked with the name and phone number of
the facility operator and the hours of operation.
(e) Recycling Collection Facilities – Small:
(1) Small recycling collection facilities that may be approved as a conditional use or
pursuant to a use review shall meet the following standards:
(A) The facility shall not exceed seven feet in height.
(B) The facility shall not be located within thirty feet of land zoned, planned in
the Boulder Valley Comprehensive Plan, or occupied for residential use.
(C) The facility shall be screened from the public right-of-way and adjacent
properties by an opaque fence at least seven feet high.
(D) A facility is permitted only in conjunction with an existing conforming
commercial use or public use.
(E) Space that will be periodically needed for removal of materials or
exchange of containers is not counted toward the two hundred fifty square
foot limit.
(F) The fence opacity and height screening requirements may be modified or
waived by the city manager upon a finding that the design and
configuration of the containers in which the recyclable materials are to be
deposited are such that screening by such a fence is not necessary.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(G) The facility shall use no power-driven processing equipment, except for
reverse vending machines.
(H) All containers shall be constructed of durable waterproof and rustproof
material, maintained in that condition, covered when the site is not
attended, and secured from unauthorized entry or removal of material.
(I) All recyclable material shall be stored in the containers when an attendant
is not present.
(J) The facility shall be maintained free of vermin infestation, and mobile
facilities, at which the collection truck or other container is removed at the
end of each collection day, shall be swept at least at the end of each
collection day.
(K) Collection of deposited recyclable material from a facility located within
one hundred feet of a property zoned or occupied for residential use shall
occur only during the hours between 7:00 a.m. and 7:00 p.m.
(L) Containers shall be clearly marked to identify the type of material which
may be deposited. The facility shall be clearly marked to identify the name
and telephone number of the facility operator and the hours of operation,
and shall display a notice stating that no material shall be left outside the
recycling enclosure or containers.
(M) Any signs relating to the facility in an approved site review shall be
consistent with the approved uniform sign program pursuant to Subsection
9-9-21(k), B.R.C. 1981.
(N) The facility shall not impair any required landscaping.
(O) No additional parking spaces are required for customers of a small
collection facility located at the established parking lot of a host use, but
one additional space shall be provided for the attendant, if needed.
(P) Mobile recycling units shall have an area clearly marked to prohibit other
vehicular parking during hours when the mobile unit is scheduled to be
present.
(Q) Occupation of parking spaces by the facility and by the attendant shall not
reduce available parking spaces below the minimum number required for
the primary host use unless a parking study shows the existing parking
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
capacity is not already fully utilized during the time the recycling facility
will be on the site.
(f) Recycling Processing Facility:
(1) Recycling processing facilities that may be approved as a conditional use or
pursuant to a use review shall meet the following standards:
(A) The facility shall not be located within one hundred fifty feet of land
zoned, planned in the Boulder Valley Comprehensive Plan, or occupied
for residential use.
(B) Processors shall operate in a wholly enclosed building except for
incidental storage, or within an area enclosed on all sides by an opaque
fence or wall not less than seven feet in height and landscaped on all street
frontages.
(C) Setbacks and landscaping requirements shall be those provided for the
zoning district in which the facility is located.
(D) All exterior storage of material shall be in sturdy containers or enclosures
which are covered, secured, and maintained in good condition, or shall be
baled or pelletized. Storage containers for flammable materials shall be
constructed of nonflammable material. Oil storage shall be in containers
approved by the city fire department. No storage, except for truck trailers
or overseas containers, shall be visible above the height of the fencing.
(E) The site shall be maintained free of vermin infestation, shall be cleaned of
litter and loose debris on at least a daily basis, and shall be secured from
unauthorized entry and removal of materials when attendants are not
present.
(F) Space shall be provided on site for the anticipated peak load of customers
to circulate, park and deposit recyclable materials. If the facility is open to
the public, space shall be provided for a minimum of ten customers or the
peak load, whichever is higher, unless the city manager determines that
allowing overflow traffic is compatible with surrounding businesses and
public safety.
(G) One parking space shall be provided for each commercial vehicle operated
by the processing center. Parking requirements shall otherwise be as
required for the zone in which the facility is located.
(H) If the facility is located within five hundred feet of property zoned,
planned in the Boulder Valley Comprehensive Plan, or occupied for
residential use, it shall not be in operation between 7:00 p.m. and 7:00
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
a.m. The facility shall be administered by on-site personnel during the
hours the facility is open.
(I) Any containers provided for after-hours donation of recyclable materials
shall be at least fifty feet from any property zoned, planned in the Boulder
Valley Comprehensive Plan, or occupied for residential use; shall be of
sturdy, rustproof construction; shall have sufficient capacity to
accommodate materials collected; and shall be secure from unauthorized
entry or removal of materials.
(J) Containers shall be clearly marked to identify the type of material that
may be deposited. The facility shall display a notice stating that no
material shall be left outside the recycling containers.
(K) No dust, fumes, smoke, vibration, or odor from the facility shall be
detectable on neighboring properties.
Section 11. Section 9-6-12, “Conditional Use and Use Review Standards – Agriculture
and Natural Resource Uses,” B.R.C. 1981, is amended as follows:
9-6-127. Conditional Use and Use ReviewSpecific Use Standards - Agriculture and Natural
Resource Uses.
(a) Community Gardens:
(1) Standards: The following criteria standards apply to all community garden uses:
(A) Retail use Use prohibitedProhibited. : Sales of goods or products are
prohibited on the community garden unless otherwise permitted by
Subsection 9-6-5(ch), "Temporary Sales or Outdoor EntertainmentEvent,"
B.R.C. 1981, or within any commercial use permitted within a
nonresidential zoning district.
(B) Use of manureManure. : No person shall store or use manure in a
community garden unless it is dried and unless it is tilled into the ground
within forty-eight hours of delivery.
(C) Water conveyanceConveyance. : The site must be designed and
maintained so that water is conveyed off-site into a city right-of-way or
drainage system without adversely affecting adjacent property.
(D) Water conservationConservation. : No person shall use sprinkler irrigation
between the hours of 10 a.m. and 6 p.m. Drip irrigation or watering by
hand with a hose may be done at any time.
(E) Mechanized equipmentEquipment. : No person shall operate mechanized
equipment, including, without limitation, lawn mowers, roto-tillers, garden
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
tractors, and motorized weed trimmers, between the hours of 8 p.m. and 8
a.m. Monday through Friday, and between the hours of 8 p.m. and 10 a.m.
Saturday and Sunday.
(F) Maintenance. : No person shall fail to maintain the community garden in
an orderly manner, including necessary watering, pruning, pest control,
and removal of dead or diseased plant materials and otherwise in
compliance with the provisions of Title 6, "Health, Safety and Sanitation,"
B.R.C. 1981.
(G) Trash/compostCompost:. No person shall fail to screen trash and compost
receptacles from adjacent properties through landscaping, fencing, or
storage within structures and remove trash and compost from the site
weekly. Compost piles shall be set back at least ten feet from any property
line.
(H) 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 zoninge district per Chapter 9-7, "Form and Bulk
Standards," B.R.C. 1981.
(I) Identification and Contact Information. : 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.
(b) Oil and Gas Operations: The following criteria apply to oil and gas operations:
…..
(4) Pre-Application Meeting Required: No person shall file an application for an oil
and gas operations use, including an application for geophysical exploration
pursuant to this subsection (b), until a pre-application review has been completed
including a meeting with the city manager. The purpose of the meeting is for the
city manager to review the proposed oil and gas operation use in a manner that
ensures compliance with city standards and applicable state and federal
regulations. The meeting will also enable the operator and city to explore site-
specific concerns associated with the proposed locations, discuss project impacts
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and potential mitigation methods, including field design and infrastructure
construction to avoid, minimize and mitigate adverse impacts, to discuss
coordination of field design with other existing or potential development and
operators, to identify sampling and monitoring plans for air and water quality, and
other elements as required by these rules. The meeting shall occur at least sixty
days before any development review application is filed. Any applicant of a pre-
application shall submit registration materials meeting the requirements of
Section 9-6-127(b)(14)(A), B.R.C. 1981 and which must be accepted as complete
by the city at least 60 days prior to scheduling a pre-application meeting.
…..
(11) Use Review Application Requirements for Oil and Gas Operations: In addition to
any information required by Section 9-2-15, "Use Review," B.R.C. 1981, the
applicant shall provide the following information:
…..
(AA) The following detailed reports and plans prepared by independent experts,
engineers, or consultants referenced in this section to be retained by the
applicant and subject to approval by the city manager and necessary to
determine compliance with the standards and criteria of this section:
…..
(ii) Odor Plan: A list of all odor reduction measures that will be used
to address the predicted odors from the proposed oil and gas
facilities and operations and meet Section 9-6-127(b)(12)(E),
B.R.C. 1981. Identification of all natural features (e.g., topography,
prevailing wind patterns, vegetation) that will aggravate or
mitigate odor impacts on the areas within two thousand feet of the
parcel(s) where the oil and gas facilities are proposed to be located.
At a minimum, the plan shall indicate that the applicant will notify
the city manager in writing of any complaints no later than twenty-
four hours after receipt.
.....
Table 6-7: WATER QUALITY ANALYTES
General Water Quality Alkalinity Conductivity & TDS pH,
Dissolved Organic Carbon (or Total Organic
Carbon), Bacteria, including Total Coliform
and E. Coli, Hydrogen Sulfide
Major Ions Bromide, Chloride, Fluoride, Magnesium,
Potassium, Sodium, Sulfate, Nitrate + Nitrite
as N (total)
Metals (to be analyzed in dissolved form) Arsenic, Barium, Boron, Chromium, Copper,
Iron, Lead, Manganese, Selenium, Strontium
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Dissolved Gases and Volatile Organic
Compounds
Methane, Benzene, Toluene, Ethylbenzene,
Xylenes (BTEX); Total Petroleum
Hydrocarbons (TPH)
Other Water Level, Stable isotopes of water
(Oxygen, Hydrogen), Carbon Phosphorus,
Radionuclides, Tracing materials associated
with operator's fracking fluid as identified in
the water quality report and plan pursuant to
Section 9-6-127(b)(11)(AA)(x), B.R.C. 1981.
…..
(xii) Water Management Plan: An independent expert's
recommendation of measures that will avoid or minimize the
impacts identified in subsection (b)(11)(AA)(xi)d. above and
address the water use standards in Subparagraph 9-6-
127(b)(12)(M), B.R.C. 1981. The plan shall include an estimate of
the amount of produced water and other wastewater that will be
generated by the proposed oil and gas operations, including a
description and evaluation of potential flowback and produced
water volume reduction options through recycling, reuse or other
beneficial uses and the rationale for the methods to be employed.
…..
(13) Conditions of Approval and Operating Standards for Oil and Gas Operations Use:
The approving authority will not approve an application unless the applicant
demonstrates that the oil and gas operation use will avoid or minimize and
mitigate impacts to the public health, safety and welfare and the environment. If
the application is approvable, the approving authority may add conditions if they
are necessary for the application to meet the review criteria or to ensure
compliance with the standards in this subsection (b). Conditions may include but
are not limited to the following:
…..
(U) Odor:
…..
(i) Compliance with Section 9-6-127(b)(12)(E), B.R.C. 1981,
including on-going monitoring for compliance.
…..
Section 12. Section 9-7-2, “Setback Standards,” B.R.C. 1981, is amended as follows:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
9-7-2. Setback Standards.
…..
(g) Oil and Gas Operations and Other Uses: Oil and gas operations shall be set back from
any residential use, residential zone, school, daycare center, hospital, senior living
facility, assisted living facility, outdoor venue, playground, permanent sports field,
amphitheater, public park and recreation use, or other similar public outdoor facility, but
not including trails or City of Boulder open space, in accordance with the standards of
Section 9-6-127(b)(2), B.R.C. 1981. No residential use, school, daycare center, hospital,
senior living facility, assisted living facility, outdoor venue, playground, permanent
sports field, amphitheater, public park and recreation use, or other similar public outdoor
facility, but not including trails or City of Boulder open space, shall be located closer
than two thousand feet from any single-well well pad of an oil and gas operation in pre-
production, closer than two thousand five hundred feet from any multi-well well pad of
an oil and gas operation in pre-production, closer than five hundred feet from any well
pad of an oil and gas operation in production, and closer than two hundred fifty feet from
an oil and gas operation that has been capped and abandoned pursuant to the
requirements of Section 9-6-127(b)(16), B.R.C. 1981.
…..
Section 13. Section 9-8-4, “Housing Types and Density Bonuses Within an RMX-2
Zoning District,” B.R.C. 1981, is amended as follows:
9-8-4. Housing Types and Density Bonuses Within an RMX-2 Zoning District.
(a) Minimum Number of Housing Types: No person shall develop land in the RMX-2 zoning
district with residential uses unless the following housing types are provided:
(1) For lots or parcels one acre or less, at least one housing type;
(2) For lots or parcels that are greater than one acre but less than five acres, at least
two housing types; and
(3) For lots or parcels that are five acres or more, at least three housing types. The
minimum number of any housing type for lots or parcels that are more than five
acres shall be five dwelling units.
(b) Maximum Percentage of Any One Housing Type: No person shall develop a lot or parcel
of one acre or more with more than fifty percent of any one housing type in the RMX-2
zoning district.
(ca) Density Bonus for the Provision of Additional Affordable Housing: The approving
authority may approve a maximum density increase up to ten additional dwelling units
per acre if all of the following standards are met:
…..
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Section 14. Section 9-8-5, “Occupancy of Dwelling Units,” B.R.C. 1981, is amended as
follows:
9-8-5. Occupancy of Dwelling Units.
…..
(b) Attached Accessory Dwelling Unit, Detached Accessory Dwelling Unit, or Limited
Accessory Dwelling Unit: The occupancy of an attached accessory dwelling unit,
detached accessory dwelling unit, or limited accessory dwelling unit must meet the
requirements of Subsection 9-6-43(am), B.R.C. 1981.
…..
(d) Cooperative Housing License: A dwelling unit licensed as a cooperative housing unit
pursuant to Section 10-11-3 "Cooperative Housing Licenses," B.R.C. 1981, shall not be
subject to the occupancy limits or any exceptions as set forth in this section; and an
attached accessory dwelling unit or detached accessory dwelling unit licensed with such
dwelling unit as a cooperative housing unit shall not be subject to the occupancy
standards of Subparagraph 9-6-43(am)(1)(A)(ii), "Occupancy Requirements," B.R.C.
1981. All such dwelling units together with any attached accessory dwelling unit or
detached accessory dwelling unit so licensed shall be limited to no fewer than four
occupants with the maximum number of occupants, without regard to whether the
occupants are related or not, as follows:
…..
Section 15. Section 9-8-6, “Occupancy Equivalencies for Group Residences,” B.R.C.
1981, is amended as follows:
9-8-6. Occupancy Equivalencies for Group Residences.
…..
(c) Custodial Care and Residential Care Facilities: The occupancy of a custodial care or a
residential care facility must meet the requirements of Subsection 9-6-3(ei), B.R.C. 1981.
(d) Group Home Facilities: The occupancy of a group home facility must meet the
requirements of Subsection 9-6-43(ck), B.R.C. 1981.
…..
Section 16. Section 9-9-6, “Parking Standards,” B.R.C. 1981, is amended as follows:
9-9-6. Parking Standards.
…..
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
TABLE 9-2: USE SPECIFIC MOTOR VEHICLE PARKING REQUIREMENTS FOR
RESIDENTIAL USES IN ALL ZONES
Use Parking Requirement
Roomers within a single-unit dwelling 1 space per 2 roomers
Residential developments in which 1-bedroom units
are 60 percent or more of the total
1.25 spaces per 1-bedroom unit
Rooming house, boarding house, fraternity, sorority,
group quarters living, and hostels
2 spaces per 3 occupants
Efficiency living units, transitional housing 1 space per DU
Bed and breakfast 1 space per guest room + 1 space for operator or
owner's DU within building
Attached accessory dwelling unit, detached accessory
dwelling unit
The off-street parking requirement for the principal DU
must be met, plus any parking space required for the
accessory unit, see Subsection 9-6-3(am), B.R.C. 1981
Group homes: residential, custodial, or congregate care Off-street parking appropriate to use and needs of the
facility and the number of vehicles used by its
occupants, as determined through review
Overnight shelter 1 space for each 20 occupants, based on the maximum
occupancy of the facility, plus 1 space for each
employee or volunteer that may be on site at any given
time computed on the basis of the maximum numbers
of employees and volunteers on the site at any given
time
Day shelter Use the same ratio as general nonresidential uses in the
zone
Emergency shelter 1 space for each 20 occupants, based on the maximum
occupancy of the facility, plus 1 space for each
employee or volunteer that may be on site at any given
time computed on the basis of the maximum numbers
of employees and volunteers on the site at any given
time, plus 1 space for each attached type dwelling unit
Existing duplexes or multi-family dwelling units in the
RL-1 zoning district
Greater of 1.5 spaces per unit or number of spaces
required when units were established
…..
(g) Bicycle Parking:
(1) Required Bicycle Spaces: Bicycle parking spaces must be provided as required by
Table 9-8 of this section.
TABLE 9-8: OFF-STREET BICYCLE PARKING REQUIREMENTS
Land Use CategoryType (based on
use categories of Table 6-1 of
Section 9-6-1), "Schedule of
Permitted Land Uses," B.R.C.
1981)
Minimum Number of Off-Street
Bicycle Spaces
Long-Term Short-Term
Residential Uses
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Dwelling units(a) with a private
garage(b)
no requirement n/a n/a
Dwelling units without a private
garage(b)
2 per unit 75% 25%
Accessory units no requirement n/a n/a
Group quarters living - fraternities,
sororities, and dormitories,
boarding houses, transitional
housing
1 per 3 beds 75% 25%
Group quarters living - all others 1 per 5 beds 75% 25%
Dining and entertainment
Restaurants, brewpubs and taverns 1 per 750 square feet of floor area,
minimum of 4
25% 75%
Lodging uses 1 per 3 guest rooms, minimum of 4 50% 50%
All other dining and entertainment
uses
1 per 1,500 square feet of floor area 25% 75%
Mobile food vehicle and temporary
outdoor entertainment
no requirement n/a n/a
Public and Institutional Uses
Daycare centers, daycares,
homehome daycares
Determined through review:
parking needs of use must be
adequately served through on- or
off-street parking, minimum of 4
50% 50%
Public and private elementary,
juniormiddle, and senior high
schools
5 per classroom 50% 50%
Public and private colleges and
universities
5 per classroom 50% 50%
Hospitals 1 per 1,500 square feet of floor
area, minimum of 4
75% 25%
Open space, park, and recreation
uses
1 per 750 square feet of floor area;
requirements for outdoor uses are
determined through review: parking
needs of use must be adequately
served through on- or off-street
parking, minimum of 4
25% 75%
Religious assemblies The greater of 1 per 15 seats or 1
per 150 square feet of assembly
area
25% 75%
All other public and institutional
uses
1 per 1,500 square feet of floor
area, minimum of 4
50% 50%
Commercial Uses
Office, Medical and Financial Uses
Restaurants, brewpubs, and taverns 1 per 750 square feet of floor area,
minimum of 4
25% 75%
Bed and breakfasts, hostels, and
hotels or motels
1 per 3 guest rooms, minimum of 4 50% 50%
All other food, beverage, and
lodging uses
1 per 1,500 square feet of floor area 25% 75%
Mobile food vehicle and temporary
events
no requirement n/a n/a
Data processing facilities, financial
institutions, hospitals, medical and
1 per 1,500 square feet of floor
area, minimum of 4
75% 25%
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
dental laboratories, medical or
dental clinics or offices, addiction
recovery facilities, all office uses,
and all other medical and financial
usesOffice uses
Parks and Recreation Uses
Campgrounds, outdoor recreation
or entertainment, park and
recreation uses, indoor recreational
or athletic facilities
1 per 750 square feet of floor area;
requirements for outdoor uses are
determined through review: parking
needs of use must be adequately
served through on- or off-street
parking, minimum of 4
25% 75%
Commercial, Retail, and Industrial Uses
Financial institutions 1 per 1,500 square feet of floor
area, minimum of 4
75% 25%
Service uses and retail sales uses 1 per 750 square feet of floor area,
minimum of 4
25% 75%
Vehicle-related uses and industrial
uses and all other commercial uses
1 per 1,125 square feet of
associated office space or
production areas
25% 75%
Industrial Uses
Industrial uses 1 per 1,125 square feet of
associated office space or
production areas
25% 75%
Agriculture & Natural Resource Uses
Agriculture & Natural Resource
Uses
no requirement n/a n/a
Other Uses Not Listed in Table 9-8
Other uses not listed in Table 9-8 1 per 1,500 square feet of floor
area, minimum of 4
50% 50%
…..
Section 17. Section 9-10-2, “Continuation or Restoration of Nonconforming Uses and
Nonstandard Buildings, Structures, and Lots,” B.R.C. 1981, is amended as follows:
9-10-2. Continuation or Restoration of Nonconforming Uses and Nonstandard Buildings,
Structures, and Lots.
…..
(d) Drive-Thru Facilities: A drive-thru facility that was established prior to July 31, 1986, on
a property not abutting Canyon Boulevard in the DT zoning districts, and has not expired
pursuant to subsection (a) of this section, shall be considered a nonconforming use, and
may:
(1) Be renovated or remodeled, by improvements the cumulative total of which
increases the structure's fair market value by no more than twenty-five percent of
the value of the structure, without meeting the criteria for drive-thru uses in
Subsection 9-6-105(cx), B.R.C. 1981;
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(2) Be renovated or remodeled by improvements the cumulative total of which
increases the facility's structure's fair market value by more than twenty-five
percent of the value of the structure; or be relocated on site if the development
meets the criteria for drive-thru uses in Subsection 9-6-105(cx), B.R.C. 1981; or
…..
Section 18. Section 9-10-3, “Changes to Nonstandard Buildings, Structures, and Lots
and Nonconforming Uses,” B.R.C. 1981, is amended as follows:
9-10-3. Changes to Nonstandard Buildings, Structures, and Lots and Nonconforming Uses.
Changes to nonstandard buildings, structures, or nonstandard lots and nonconforming uses shall
comply with the following requirements:
(a) Nonstandard Buildings and Structures:
(1) Criteria: The city manager will grant a request for a building modification for a
nonstandard building or structure if such modification meets the following
requirements:
(A) The proposed modification complies with all of the applicable
requirements of Chapters 9-6, "Use Standards," 9-7, "Form and Bulk
Standards," 9-8, "Intensity Standards," 9-9, "Development Standards,"
B.R.C. 1981, and Sections 9-6-2 through 9-6-97, B.R.C. 1981, dealing
with specific use standards and criteria; and
…..
Section 19. Section 9-14-2, “General Provisions,” B.R.C. 1981, is amended as follows:
9-14-2. General Provisions.
A system of managing the issuance of residential building permits in the city is established with
the following general provisions:
(a) Building Permits: No building permit for the construction of a new dwelling unit may be
issued unless applied for in compliance with this chapter.
(b) Allocations Needed: One allocation is needed to secure a building permit to construct
each dwelling unit, except as set forth below. The living quarters set forth below shall
require:
(1) One-half allocation for an efficiency living unit; one-third allocation for a group
residence; and one-sixth allocation or one-eighth allocation for each occupant for
a group care facility or a residential care facility respectively, according to the
density and occupancy restrictions of subsection 9-6-3(fi), B.R.C. 1981;
…..
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Section 20. Section 9-16-1, “General Definitions,” B.R.C. 1981, is amended as follows:
9-16-1. General Definitions.
(a) The definitions contained in Chapter 1-2, "Definitions," B.R.C. 1981, apply to this title
unless a term is defined differently in this chapter.
(b) Terms identified with the references shown below after the definition are limited to those
specific sections or chapters of this title:
(1) Airport influence zone (AIZ).
(2) Floodplain regulations (Floodplain).
(3) Historic preservation (Historic).
(4) Inclusionary housing (Inclusionary Housing).
(5) Residential growth management system (RGMS).
(6) Solar access (Solar).
(7) Wetlands Protection (Wetlands).
(8) Signs (Signs).
(c) The following terms as used in this title have the following meanings unless the context
clearly indicates otherwise:
…
Accessory dwelling unit means a separate and complete single housekeeping unit within a
detached dwelling unit or within an accessory structure to the principal dwelling unit of the
lot or parcel upon which the unit is located, permitted under the provisions of Subsection
9-6-43(am), B.R.C. 1981.
…
Addiction recovery facility means a facility that may permit short-term overnight stays that
provides for the treatment of persons having drug or alcohol abuse problems under the
supervision of professional health care or social services providers.
…
Adult education facility means an academic educational use serving a clientele at least fifty
percent of which are individuals who are eighteen years of age or older.
…
Animal hospital and or veterinary clinic means a place where animals or pets are given
medical or surgical treatment and where the boarding of animals is limited to those
receiving medical care or treatment.
…
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Art or craft studio space means the workshop of an artist, sculptor, photographer,
craftsperson, furniture maker, or cabinet maker primarily used for on-site production of
unique custom goods by hand manufacturing involving the use of hand tools and small-
scale equipment, which may include an accessory gallery.
…
Attached accessory dwelling unit means a separate and complete single housekeeping unit
within a detached dwelling unit, permitted under the provisions of Subsection 9-6-3(am),
B.R.C. 1981.
…
Building and landscaping contractors means the various trades that make up the
construction and landscape industry such as plumbing, carpentry, electrical, mechanical,
painting, roofing, concrete, landscaping, and irrigation.
…
Car pool lot means a facility used for parking of vehicles where the occupants of such
vehicles are transported to and from other destinations via mass transit or carpool.
Care and shelter means a use category that includes uses characterized by providing
temporary care and shelter facilities on a short-term basis.
…
Car wash means a facility used for the washing and cleaning of passenger vehicles,
recreational vehicles, or other light-duty equipment, by hand or with manually operated
equipment or automatic machinery.
…
Cleaning and laundry plant means an establishment that cleans garments, fabrics, or
draperies. The plant is generally not visited by individual customers, but rather by
commercial dry cleaning drop-off services. This definition includes uses such as rug
cleaning or repair service, pressing of garments or fabrics, carpet or upholstery, industrial
launderers, and linen supply.
…
Club or lodge means a nonprofit organization with established formal membership
requirements and bylaws, and with the objective of providing for the interests of its
members.
Cold storage locker means an establishment primarily engaged in the warehousing and
storage of perishable goods under refrigeration. The establishment may also rent locker
space for the storage of food products for individual households and provide incidental
services for processing, preparing, or packaging such food for storage.
…
College or university means a post-secondary education provided by a public or private
institution which awards associate, baccalaureate, or higher degrees, but does not include
an adult education facility or vocational or trade schoola specialized instruction facility.
…
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Community, cultural, and educational means a use category that includes uses providing
local services directly to people of the community. They are typically of a public, non-
profit, or charitable nature but may also include for-profit institutions.
…
Community services means an organization whose activities are conducted for the benefit
of the community and not for the gain of any private person or organization, and may
include, without limitation, patriotic, philanthropic, social service, welfare, benevolent,
educational, cultural, charitable, scientific, historical, athletic, or medical activities.
…
Conditional use means a use that is allowed within a zoning district after demonstrating
compliance with specific criteriause standards.
Congregate care facility means a facility for long-term residence:
(a) Where at least eighty percent of the occupied units are occupied by at least one
person who is sixty-five years of age or older;
(b) The facility is in compliance with the requirements of the federal Fair Housing
Act, 42 U.S.C. § 3601, et seq., and the Colorado Housing Practices Act, § 24-34-
501, et seq., C.R.S., with respect to housing for older personsadults; and
(c) Which shall include, without limitation, common dining and social and
recreational features, special safety and convenience features designed for the
needs of the elderlyolder adults, such as emergency call systems, grab bars, and
handrails, special door hardware, cabinets, appliances, passageways, and
doorways designed to accommodate wheelchairs, and the provision of social
services for residents which must include at least three of the following: meal
services, transportation, housekeeping, linen, and organized social activities.
…
Data processing facilities facility means a facilities facility where electronic data is
processed by employees, including, without limitation, data entry, storage, conversion or
analysis, subscription and credit card transaction processing, telephone sales and order
collection, mail order and catalog sales, and mailing list preparation.
…
Daycare, home means a facility:
(1) Licensed by the state, if applicable;
(2) Which is located within a dwelling unit; and
(3) Providing care for twelve or fewer children or adults who (except for family
members) do not reside in the facility, are present primarily during daytime hours,
and do not regularly stay overnight. Family members who receive care in the
facility are included in the total.
…
Detached accessory dwelling unit means a separate and complete single housekeeping unit
within an accessory structure to the principal dwelling unit of the lot or parcel upon which
the unit is located that is permitted under the provisions of Paragraph 9-6-3(am)(3), B.R.C.
1981.
…
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Developmentally disabled person means a person with a temporary or permanent,
emotional or mental disability such as mental retardation, cerebral palsy, epilepsy, autism,
Alzheimer's disease, and emotional disturbances, but does not include mentally ill persons
who are dangerous to others.
…
Duplex means a structure containing only two dwelling units.
…
Equipment repair and rental with outdoor storage means a business that rents and/or
repairs items such as tools, construction, lawn, garden, building maintenance, party
equipment, and the rental of moving trucks and trailers, but does not include an automobile
repair or rental facility, and may include outdoor storage of equipment.
Essential municipal and public utility services means distribution, collection,
communication, supply or disposal systems, including, without limitation, poles, wires,
transformers, disconnects, regulators, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and
accessories that are reasonably necessary for public utilities or the city to furnish adequate
service or for the public health, safety, or welfare.
…
Firewood operation means a commercial facility where wood is cut, processed, and/or
stored in any form for use as firewood primarily at other locations.
…
Food, for the purposes of Subparagraph 9-6-5(be)(27)(HB)(iii)h., B.R.C., 1981, means
nourishment in solid form consumed for the purpose of sustenance, but also includes soup,
coffee and tea drinks, soft drinks, water, fruit juice and smoothies, milk, and milk and
yoghurt products.
Food, beverage, and lodging means a use category that includes uses serving prepared food
or beverages for consumption on or off the premises or providing lodging, meals, and
similar services to transient visitors for a defined period.
…
Fraternity or sorority means a building which is occupied only by a group of university or
college students and support staff who are associated together in a social organization,
which is officially recognized by a college or university, and includes services such as
lodging or meals on the premises for compensation from the fraternity or sorority.
…
Group home facility means a residential facility providing custodial care and treatment in
a protective living environment for the handicappedpeople living with disabilities or the
aged personfor older adults. This category of facility includes, without limitation, group
homes for persons people who are sixty years of age or older, group homes for the people
with intellectual and developmentally disabled disabilities or mentally illness, drug or
alcohol abuse or rehabilitation centers, substance use disorder treatment centers, and
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
facilities for persons people with acquired immune deficiency syndrome (AIDS) or human
immunodeficiency virus (HIV) infection.
Group living means a use category that includes uses characterized by residential
occupancy of a structure by a specified group of people. The residents may receive any
combination of care, meals, or treatment, as long as they also reside at the site.
…
Heliport means a designated takeoff and landing area for helicopters. A heliport includes
only tie down space and additional facilities required by law, ordinance, or regulation.
…
Hotel/ or motel means an establishment that offers temporary lodging in rooms, for less
than one month, and may include a restaurant, meeting rooms, and accessory uses and
services, including, without limitation, newsstands, gift shops, and similar incidental uses
conducted entirely within the principal building but excludes a bed and breakfast, as
defined in this section.
Household living means a use category that includes uses characterized by the residential
occupancy of a dwelling unit that functions as a single household, and includes mobile
home parks.
…
Indoor amusement commercial recreation establishment means a commercial operation
for entertainment open to the public without membership requirements, including, without
limitation, bowling alleys, indoor arcades, theaters, pool halls, skating rinks, dance halls,
and reception/banquet facilities.
Indoor recreational or athletic facility means an indoor facility where persons participate
in recreational or athletic activities, including, without limitation, a martial arts school,
dance studio, and an exercise and health club.
Industrial service center means nonresidential uses in an industrial district that are
constructed and operated in accordance with the standards in Section 9-6-5(v), B.R.C.
1981.
Industrial services means a use category including uses that involve the repair, servicing,
or storage of industrial, business, or consumer machinery, equipment, products, or by-
products. Services may be performed off-site. Few customers from the general public come
to the site.
Infrastructure means a use category that includes uses characterized by infrastructure that
keeps the city operating.
…
Limited accessory unit means an existing nonconforming duplex or two detached dwelling
units located on the same lot and within the R1 use module that has been approved in
compliance with the standards in Section 9-6-3(m)(4).
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Limited use means a use that is allowed within a zoning district if specific limitations are
met.
…
Manufacturing use with potential off-site impacts means all research and development
facilities, testing laboratories and facilities for the manufacturing, fabrication, processing,
or assembly of products which may produce effects on the environment that are measurable
at or beyond the property line, provided that any noise, smoke, vapor, dust, odor, glare,
vibration, fumes, or other environmental contamination is controlled in accordance with
applicable city, state, or federal regulations, but not including computer design and
development facilities nor telecommunications and electronic communications uses.
Manufacturing uses means research and development facilities, testing laboratories, and
facilities for the manufacturing, fabrication, processing, or assembly of products, provided
that such facilities are completely enclosed and provided that any noise, smoke, vapor,
dust, odor, glare, vibration, fumes, or other environmental contamination produced by such
facility is confined to the lot upon which such facilities are located and is controlled in
accordance with applicable city, state, or federal regulations, but not including computer
design and development facilities nor telecommunications and electronic communications
uses.
…
Medical and dental laboratory means a facility that provides services to the medical
community such as pathological testing, dental services including the manufacturing of
orthodontic appliances, crowns, and dentures, and the manufacturing of prosthetics and
orthopedic appliances.
…
Neighborhood business center means nonresidential uses in a residential district that are
constructed and operated in accordance with the standards of Subsection 9-6-95(fw),
B.R.C. 1981.
…
Nonprofit membership club means a nonprofit organization with established formal
membership requirements and bylaws, and with the objective of providing for the interests
of its members.
…
Non-vehicular repair and rental services means a business that primarily provides services
rather than goods and does not include outdoor storage, such as: appliance repair,
electronics repair, furniture repair, small power equipment repair, and tool and equipment
rental without outdoor storage.
…
Office means the principal use of a room or rooms for the conduct of business by persons,
including, without limitation, administrative offices, professional offices, and technical
offices where there is no display of merchandise and the storage and sale of merchandise
is clearly incidental to the service provided, but excluding medical or dental clinics or
offices.
Office uses means a use category characterized by uses providing executive, management,
medical, administrative, or professional services. Office uses may or may not offer services
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
to the public and are not materially involved in fabricating, assembling, or warehousing of
physical products for the retail or wholesale market, and are not engaged in the repair of
products or retail services. There is no display of merchandise and the storage and sale of
merchandise is clearly incidental to the service provided.
Office, accessory means an office subordinate to, a necessary part of, and in the same
buildingon the same lot with as the principal business, commercial, or industrial use,
including, without limitation, administrative, record-keeping, drafting, and research and
development offices. An accessory office is considered an accessory use.
Office, other means office uses not included in the administrative, professional, or technical
office categories.
Office, Mmedical or dental clinic or office means the clinic or office of physicians, medical
doctors, chiropractors, or dentists licensed to practice medicine or dentistry in the State of
Colorado, where the primary use is the delivery of health care services, where sale of
merchandise is incidental to the delivery of services, and where no overnight
accommodations are provided. This use includes addiction recovery facilities that provide
for the treatment of persons having drug or alcohol abuse problems under the supervision
of professional health care or social services providers. With the exception of addiction
recovery facilities which may permit short-term overnight stays, no overnight
accommodations are provided.
Office, professional means offices of firms or organizations providing professional service
to individuals and businesses, . Examples includinginclude, without limitation,
accountantsaccounting, architects, attorneyslegal, insurance brokers, realtorsreal estate,
investment counselors, and therapistscounseling services. , where a majority of cClient
contact may occurs regularly at the office., but not includingFacilitated arrangements such
as shared coworking spaces, typically with membership fees, are included within this use.
This use does not include technical, medical, dental, or administrative offices, or uses
otherwise listed in the use table.
Office, technical means offices of businesses providing professional services in a technical
field, . This use is characterized by activities that focus on science, technology, and design
services associated with the production of physical or digital goods. These establishments
primarily provide services to other businesses. Examples includeincluding, without
limitation, publishers, architecture, engineering, graphic, design, industrial, and interior
design, biotechnology or life sciences, and surveying, telecommunications, computer
design and development, and data processing. These establishmentsy doo not require
customers or clients to visit the site; any such visits are infrequent and incidental. offices,
where a majority of client contact occurs at the client's place of business or residence, but
not This use does not include including professional, medical, dental, or administrative
offices, or uses otherwise listed in the use table.
…
Open space, pPark,s and recreation uses means uses which include playfields,
playgrounds, athletic facilities, and golf courses, and open space, which are owned by a
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
public agency, a neighborhood or homeowners association and is operated for the benefit
of the residents of the community, neighborhood or homeowners association.
…
Outdoor recreation or entertainment means a use of land which provides recreation or
entertainment services partially or entirely outside of an enclosed building operated as a
business and open to the public for a fee or admission charge, including, without limitation,
batting cages, driving ranges, miniature golf facilities, private golf course, outdoor tennis
clubs or other court games, skating rinks, archery ranges, amusement parks, or go-cart
tracks.
Outdoor storage means an area of land or unenclosed building where goods may be stored
as a principal use in an unclimatized environment without climate control, including,
without limitation, automobiles, boats, recreational vehicles, and contractors' supplies, but
does not include junk yards.
…
Pasture means land that is primarily unimproved, except for limited passive agricultural
uses such as the feeding of livestock or horses.
…
Personal service use means an establishment that provides personal services for the
convenience of the neighborhood, including, without limitation, hair salons, barber and
beauty nail or skin care shopssalons, tattoo parlors, shoe repair shops, bicycle repair shops,
dry cleaners, laundrieslaundromats,, self-service laundries, bakeries, travel agencies,
newsstands, pharmacies, photographic studios, duplicating services, or automatic teller
machines, and. These uses also include personal goods repair such as bicycle, watch, shoe,
phone, or similar goods. Personal service uses also include alternative healthcare providers,
the healing arts (health treatments or therapy generally not performed by a medical doctor
or physician such as physical therapy, massage, acupuncture, nutritionists, aromatherapy,
yoga, audiology, and homeopathy), or similar health and wellness services not performed
by a medical doctor or physician.
…
Principal parking facility means an area that provides short-term or long-term off-street
parking for motor vehicles and is not accessory to the use on the lot where the parking is
located or to a use located in the same approved planned unit development or site review.
A principal parking facility may be a parking lot, garage, or carpool lot.
…
Production and processing means a use category including uses involved in the
processing, fabrication, packaging, or the assembly of goods, and uses receiving
recoverable resources from others for on-site disposal, storage, or processing, or for
transfer to another location for recycling. In manufacturing, natural, constructed, raw,
secondary, or partially completed materials may be used. Products may be finished or
semi-finished and are generally made for the wholesale market, for transfer to other
plants, or to order for businesses or consumers. Goods are generally not displayed or sold
on site, but if so, they are a subordinate part of sales. Few customers come to the site.
…
Public or private office uses providing social services means an organization whose
activities are conducted for the benefit of the community and not for the gain of any private
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
person or organization, and may include, without limitation, patriotic, philanthropic, social
service, welfare, benevolent, educational, cultural, charitable, scientific, historical, athletic,
or medical activities.
…
Recreation and entertainment means a use category that includes uses characterized by
indoor or outdoor facilities providing recreation or entertainment activities to the general
public or to their members.
…
Recycling collection facility means a bin or other weather-tight container enclosed with a
door or lid for the acceptance by donation, redemption, or purchase of recyclable material
for transshipment to a recycling center, or an industrial processing facility.
(1) A "small" recycling collection facility is an accessory to a principal building
and use on its lot which complies with the provisions of Section 9-7-1,
"Schedule of Form and Bulk Standards," B.R.C. 1981, concerning
accessory buildings and uses, does not occupy a permanent building, and
does not have containers occupying more than two hundred fifty square feet.
(2) A "large" recycling collection facility may be a principal or an accessory
use or building of any size, may occupy a permanent structure, may also
accept used motor oil in accordance with applicable health and safety
regulations, and may include such power-driven light processing including
aluminum foil and can compacting, baling, plastic shredding, or other light
processing activities necessary for efficient temporary storage and shipment
of materialas is approved by use review.
…
Residential accessory means a use category that includes uses characterized as always
accessory to the principal use on a site. The principal use or the accessory use may be
residential.
Residential care facility means a facility providing social services in a protective living
environment for adults or children, including, without limitation, group foster care homes;
shelters for abused children or adults; nursing homes; or, intermediate care facilities; or
residential care facilities.
…
Retail sales uses means a use category that includes uses involved in the sale, rental, and
incidental servicing of products that are generally provided on the premises to a consumer.
…
School, elementary, junior, and senior highmiddle, or high means any public or private
school for any grades between first and twelfth which satisfies state compulsory education
requirements.
…
Service of vehicles with limited outdoor storage means the repair, servicing, maintenance,
or installation of accessories for vehicles including motorcycles, motorbikes, automobiles,
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
trucks, snowmobiles, trailers, campers, recreational vehicles, sailboats, and powerboats
where outdoor storage of a vehicle does not exceed five consecutive days.
Service of vehicles with no outdoor storage means the repair, servicing, maintenance, or
installation of accessories for vehicles including motorcycles, motorbikes, automobiles,
trucks, snowmobiles, trailers, campers, recreational vehicles, sailboats, powerboats, and
where there is no outdoor storage of vehicles between the hours of 9 p.m. and 7 a.m. of the
following day.
Service uses means a use category characterized by establishments that provide services
directly to the final consumer for the conduct or improvement of the consumer’s home or
business or personal life.
…
Setback means the minimum distance in linear feet measured on a horizontal plane between
the outer perimeter of a structure, above grade, and each of its lot lines. Where a lot abuts
a major roadway, the building and use setback is measured as prescribed in Section 9-7-1,
"Schedule of Form and Bulk Standards," B.R.C. 1981.
…
Specialized instruction facility means an academic educational use providing instruction in
a vocational, professional, commercial, or specialized subject or skills such as art, cooking,
driving, or performing arts, but does not include a college or university.
…
Storage, distribution, and wholesaling means a use category that includes uses engaged in
the storage or movement of goods for themselves or other businesses. Goods are generally
delivered to other businesses or the final consumer, except for some will-call pickups.
There is little on-site sales activity.
…
Temporary outdoor entertainmentevent means an outdoor use open to the public such as a
carnival, amusement rides, fair, outdoor theater, promotional event, musical performance,
or dance for a limited duration of time. This use of land also includes
sales from a tent, canopy, trailer, temporary structure, or a parked vehicle, or sales on a
vacant parcel of land, or any parking lot regardless of location. Not included are sales from
push carts or mobile food vendors which are subject to different regulations and licensing.
Temporary sales means a use of land that results in sales from a tent, canopy, trailer,
temporary structure, or a parked vehicle, or sales on a vacant parcel of land, or any parking
lot regardless of location. Not included are sales from push carts or mobile food vendors
which are subject to different regulations and licensing.
…
Vehicle-related means a use category that includes uses characterized by the maintenance,
sal, or rental of motor vehicles and related equipment, or facilities which accommodate
parking, fueling, or conducting business from a motor vehicle.
…
Visible beyond the boundaries of the property upon which it is located means any sign
which can be read by a person with 20/20 vision from or beyond any property line. For the
purposes of applying Section 9-9-21, "Signs," B.R.C. 1981, any letters, figures, or symbols
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
which are not larger than two inches in height are deemed not to be visible even though
they are due to their close proximity to a property line, up to an aggregate of ten square
feet in total area of such visible but small lettering on the property. (Signs)
Vocational or trade school means a secondary or higher education facility primarily
teaching useable skills that prepare students for jobs in a trade to be pursued as a career or
occupation but does not include a college or university.
…
Warehouse or distribution facility means an establishment primarily engaged in the storage
and distribution of goods and materials in large quantity to retailers or other businesses for
resale to individual or business customers.
Section 21. Appendix K, “Properties in the IG Zoning District,” to Title 9, “Land Use
Code,” B.R.C. 1981, is repealed and reenacted with the following Appendix K, “Properties
Where Medical Offices May Be Located as Conditional Uses in the IG Zoning District”:
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Section 22. This ordinance shall apply to any building permit, conditional use, use review,
and site review applied for after the effective date of this ordinance. Any project for which a
complete site review, use review, or conditional use application has been submitted to the city
prior to the effective date of this ordinance that proposes a use inconsistent with the provisions of
this ordinance will be permitted to establish the proposed use under the use standards of Chapter
9-6, " Use Standards,” B.R.C. 1981, in effect at the time the site review, use review, or conditional
use application was submitted to the city. Such applicants shall be required to pursue such
development approvals and meet all requirements deadlines set by the city manager and the
Boulder Revised Code necessary to establish the proposed use. The applications for such project
shall demonstrate compliance with all applicable laws. Any failure to meet requirements of the
city manager or this section of this ordinance will result in a denial of such application. Any
subsequent application shall meet the requirements in place at the time of the application.
Section 23. If any section, paragraph, clause, or provision of this ordinance shall for any
reason be held to be invalid or unenforceable, such decision shall not affect any of the remaining
provisions of this ordinance.
Section 24. 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 25. 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.
K:\PLCU\o-8523 2nd rdg Amending Title 9 Use Table and Standards-.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 7th day of June 2022.
____________________________________
Aaron Brockett,
Mayor
Attest:
____________________________________
Elesha Johnson,
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED this 21st day of June 2022.
____________________________________
Aaron Brockett,
Mayor
Attest:
____________________________________
Elesha Johnson,
City Clerk