BOZA and BOBA Procedural Regulations - Adopted 11.08.221
PROCEDURAL REGULATIONS
OF THE BOARD OF ZONING ADJUSTMENT
AND
THE BOARD OF BUILDING APPEALS
OF THE CITY OF BOULDER, COLORADO
PREFACE
The provisions of Section 2-3-1, B.R.C. 1981, authorize boards to adopt such rules and
regulations as deemed necessary for procedure.
The Board of Zoning Adjustment and the Board of Building Appeals (together referred to
as the “Board”) are comprised of the same group of voting board members.
The following rules of procedure have been adopted by the Board in the interest of
economical, efficient, expeditious and equitable determination of all matters properly presented
to the Board.
SCOPE OF RULES
1. Procedure Governed. These rules govern the procedure of the Board with respect
to all matters entrusted to the Board, including variance requests and appeals from both the Land
Use Regulations and the Sign Code of the City of Boulder and Building Appeals.
2. Effective Date. These rules will take effect on _____________, and thereafter all
prior procedures of the Board in conflict therewith shall be of no further force or effect. These
rules govern all proceedings in matters properly presented to the Board after the rules take effect
and all further proceedings in matters then pending, except to the extent that in the option of the
Board their application in a particular matter pending when the rules take effect would not be
feasible or would work injustice, in which event the former procedure, if any there be, will apply.
I. OFFICERS
1. Officers. The board shall have a chairperson, a Vice-Chairperson, who shall
preside in the absence of the Chairperson, and a Secretary, who shall not be a member of the
Board but who shall be appointed by the City Manager. The Board shall, by majority vote at its
first regular meeting the calendar year, after the City Council has made its regular annual board
appointments, choose a chairperson and a vice-chairperson, who shall serve in those positions for
one year, or until a successor is chosen, whichever is later. The Board may, by affirmative vote
of four members, at any remove the chair or the vice chair from the office held. Should a
vacancy arise in either office due to removal from the office by Board action, resignation from
the position, resignation from the Board, or removal from the Board due to City Council action,
the Board shall fill the vacancy in the office by majority vote. No person shall serve as chair for
more than two full, consecutive calendar years. 2. Duties of Chairperson. The Chairperson
shall preside at all meetings of the Board and, subject to the rules, of the Board, shall decide all
points of order or procedure unless otherwise directed by a majority of the Board in session at
that time.
December 1, 2022
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2. Duties of Secretary. The Secretary shall be custodian of the records, shall keep
the minutes of the meetings of the Board, prepare the minutes, conduct official correspondence,
and generally supervise the clerical work of the Board.
3. Advisory Members. The Chief Building Official and the Fire Chief shall be
advisory members of the Board of Building Appeals, without vote.
II. MEETINGS
1. Public and Published. All meetings of the Board shall be open to the public.
2. Notice. Except for meetings to discuss procedural matters or changes in the
various codes, notice of the meeting and the agenda shall be published in accordance with the
Boulder Revised Code.
3. Place of Meeting. All meetings of the Board shall be conducted in the Tate
Municipal Building, 1777 Broadway, Boulder, Colorado, unless otherwise noticed in accordance
with the Boulder Revised Code.
4. Time of Meeting. Unless otherwise prescribed, all meetings of the Board will
commence at 4:00 in the afternoon.
5. Regular Meeting. The Board shall schedule one regular meeting per month. The
regular meeting of the Board is convened on the second Tuesday of each month. A meeting may
be cancelled if there are no agenda items.
6. Special Meeting. Special meetings of the Board shall be convened at the call of
the Chairperson or Secretary and at such other times as a majority of the Board or the Secretary
may determine to be in the public interest.
7. Attendance. The members of the Board shall attend meetings in person. “In
person” may include virtual attendance in accordance with City rules if the virtual attendance can
be supported by the Secretary. No attendance or voting of members by proxy shall be allowed.
8. Field Trips. The Board shall, as a routine matter, visit the physical site with
reference to which a matter for Board consideration and determination is pending, unless such
visit is deemed unnecessary or time does not permit.
9. Quorum. No meeting or action by the Board shall be undertaken or valid unless a
quorum of members shall be present and voting. A quorum shall consist of not less than three
members of the Board present and voting.
10. Minutes to be Kept. The Board shall cause to be recorded, prepared and
maintained of permanent record the minutes of its proceedings. The minutes shall contain:
(a) The names of members present.
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(b) The name or names of persons having applications, appeals or petitions before
the Board; the docket number of each such matter; the names of persons
appearing for or against the proposition; and deliberation on the matter.
(c) A record, including a brief statement of the exceptional situation or condition,
practical difficulty or unnecessary hardship, or other factual determination upon
which the decision of the Board is premised. (Finding)
(d) Final Board action.
11. Approval of Minutes. The written minutes of the Board shall be presented to it for
its approval by the Secretary at a subsequent meeting. Approval by the Board of these minutes
constitutes ratification of the formal actions taken by the Board on the matters before it. It does
not constitute approval of any other statements appearing in these minutes beyond the record of
actions taken. Meetings shall have audio recording. Such recording shall constitute the only
official record of anything other than the formal actions taken.
12. Exhibits. Until time for appeal has expired, all exhibits, diagrams, sketches, and
other evidentiary material shall be kept. Thereafter, the Board shall retain such materials as may
be practicable, returning the remainder to the party which presented it, if possible.
III. FILING PROCEDURES
1. Application Forms. Every application to the Board, whether it be for a variance or
appeal, shall be made on the forms specially prepared for the type of action requested. The
applicant shall be responsible for completing the form and providing the necessary data;
however; the Planning Department staff shall make arrangements to provide assistance for
applicants in the proper and complete execution of all necessary forms.
2. Who May Apply. Applications to the Board shall be made only by or on behalf of
the owner(s) of the property affected. In the event a tenant or other interested party makes
application, the owner’s name and address shall appear on the application, and the tenant or other
interested party shall affirmatively show that the owner(s) has been notified and has consented to
the application being made, or, if such consent has not been given, the tenant or other interested
party shall show why such consent is not necessary.
3. Plans Exhibits. The applicant shall supply as soon as possible after making
application such evidentiary materials as the Secretary may require. This may include:
(a) One set of preliminary plans drawn to scale including but not limited to:
Existing and proposed site plans, floor plans, building elevations, sections, etc.
(b) Photographs
(c) Such other matter as will tend to more clearly illustrate the matters in issue.
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4. Fees. An application will not be accepted until the applicant has paid a fee
according to the schedule determined by the Boulder City Council. The planning department
shall maintain an up-to-date list of such fees.
5. Non-Application. Any communication purporting to be an application, appeal or
petition shall be regarded as mere notice of intention to seek relief until the above requirements
have been met. The person making such communication shall be notified of the further
requirements and, upon request, shall be supplied with the proper forms for preparing the
application. The receipt of any such communication shall not stay the running of any time
limitation on appeals to the Board.
6. Subsequent Applications. No application requesting substantially similar
treatment for the property shall be considered by the Board until one year following the date of
final action by the Board.
IV. THE AGENDA
1. Format. The agenda shall be in a form similar to that being used by the Boulder
City Council insofar as it is practicable.
2. The Calendar. All applications shall be numbered serially and hearings conducted
accordingly. Unless expressly excepted by the Board or the Secretary, all applications filed and
deemed complete before the publication deadline shall be placed on the agenda for the next
regularly scheduled meeting.
V. HEARINGS
1. Generally. All hearings scheduled by the Board of Zoning Adjustment shall be:
(a) Conducted in public.
(b) Conducted in informal but orderly and systematic manner which shall be best
suited to the isolation of issues, ascertainment of relevant facts, and an equitable
resolution.
2. Order of Hearings. Matters properly filed for consideration and determination by
the Board will ordinarily be heard in the order as determined by the agenda. A matter may,
however, be advanced or delayed for hearing at the discretion of the Board on a showing of good
cause. If the order of the agenda is not to be followed, the Chairperson shall make such decision
known and orally declare the new order of hearing for the benefit of all applicants and the public.
3. Preliminary Matters. Questions relating to the regularity of a hearing of any
matter on the agenda may be heard as a preliminary matter at the discretion of the Board. Such
matters include, but are not limited to, jurisdiction of the Board, standing of an applicant, or
sufficiency of notices.
4. Time Limits.
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(a) Applicants and Staff shall have fifteen (15) minutes to present.
(b) Members of the public shall have three (3) minutes to comment.
(c) These time limits are general standards and may be modified by specific
action of the Chair at the meeting.
5. Staff Presentation. Hearings shall be commenced by the presentation from the
planning staff describing the request, stating the history of the property and/or improvements to
the extent relevant, actions of other review agencies pertaining to the request, and a statement of
staff position and· reasons as to whether the requirements for granting an application have or
have not been met, or are not applicable to the request. Such staff position shall be available to
the applicant or any other interested person not less than two (2) days before the hearing.
6. Rescheduling and Continuance by Applicant. After placing a matter on the
agenda, the applicant may request that the hearing on the matter be continued, subject to the
following limitations:
(a) The Secretary of the Board may reschedule a hearing for good cause shown
provided a request is made by the applicant prior to the start of the meeting.
(b) If a continuance request is made after the hearing or meeting has started, it
must be heard and decided by the Board, which may grant such request upon the
showing of good cause by the applicant.
(c) If a continuance is granted, the hearing on the application shall be scheduled
for a date certain no later than the next regularly scheduled hearing date or as
otherwise granted by the Board. Posting and notice requirements shall be met as
required by the Board.
If a continuance is denied, the applicant shall be informed of the right to withdraw the
application before the hearing commences.
7. Continuance by the Board. The Board may continue the hearing on a matter upon
motion of a member if such motion is made and passed before passage or denial of said
application; provided, however, the movant shall publicly state the reason for the motion, and the
Board shall allow both the applicant and spokesperson of the opposition an opportunity to state
their position on the proposed continuance before a vote is taken. If continued, the application
shall be scheduled for a date certain no later than the next regularly scheduled hearing date or as
otherwise granted by the Board.
8. Withdrawal. An applicant may withdraw the application at any time before the
hearing on the application is closed for Board deliberation, provided, however, that in the event
of such withdrawal there shall be no refund of fees.
9. Appearances Before the Board. In all matters properly submitted, it is expected
that the applicant or a duly appointed representative will be present and support the application.
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The applicant may also bring such other supportive witnesses as is deemed proper. Opponents to
a proposition may likewise appear before the Board at the. hearing and voice their position.
10. Time Limit. If the size of the agenda or the number of persons appearing in behalf
of or in opposition to a proposition so warrants, the Chairperson, subject to Board approval, may
place a reasonable time limitation presentations.
11. Absence of Applicant. In the event an applicant or a duly appointed representative
shall not be present at the regularly scheduled hearing of a matter and the applicant or such
representative has not communicated an intention to withdraw the application or request a
continuance, the Board shall dispose of the matter in such manner as it may deem fair and
equitable under the circumstances, including denial of the application.
VI. BOARD ACTION
1. Formal Motion. All actions by the Board relating to an application shall be
preceded by a formal motion stating the proposition to be determined by the Board. Each such
motion shall be seconded by not less than one member of the Board other than the movant before
submission of the proposition to the vote of the members. Any motion may be amended or
withdrawn in a similar fashion before a vote is taken thereon.
2. Voting Procedure. All ballots taken on motions relating to an application shall be
by roll call of the members, reserving the Chairperson for last, and the vote of each member shall
be recorded and made a part of the proceedings.
3. Effect of Votes. The effect of votes taken by the Board shall be as follows:
(a) An affirmative vote of three or more Board members shall result in passage of
the motion. An applicant cannot be approved with less than three affirmative
votes.
(b) If the first vote taken on a motion to approve or deny an application results in
a tie, two-to-two, the applicant shall be allowed a rehearing. A tie vote on any
subsequent motion to approve or deny shall result in defeat of the motion and
denial of the application.
(c) A vote of two-to-one or one-to-two on a motion shall in all respect be
considered a tie vote.
Where a vote results in a tie and a rehearing is requested by the applicant, notice and posting
requirements shall be met as may be required by the Board.
VII. REHEARING AND RECONSIDERATION
1. In General. No application or appeal decided by the Board can be reheard or
reconsidered except as hereinafter provided.
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2. Tie Vote. In the case of a tie on the initial vote taken, the applicant shall be
allowed another hearing.
VIII. EMERGENCY HEARINGS
1. Scheduling. If, in the opinion of the Chief Building Official or the Secretary,
circumstances require a decision of the Board of Building Appeals more quickly than can be
achieved at the next regularly scheduled meeting, an emergency meeting may be called to decide
the matter.
2. Notice. Notices of emergency meetings shall follow the requirements of the
Boulder Revised Code.
VIV. ADOPTION OF RULES
1. Amendments. Provided notice of the proposed changes or additions has been
given to each member of the Board and to the City Attorney at least fifteen days prior to a
meeting, these Rules of Procedure may be amended by the Board in the following manner.
(a) At the first regular meeting of the year amendments can be adopted by an
affirmative vote of three members.
(b) At any other meeting amendments can be adopted by an affirmative vote of
four members.
These rules contain the amendments approved by the Board on November 8, 2022.
______________________________
Jill Lester, Chair
Board of Zoning Adjustment