8515 - AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981, TO UPDATE THE SITE REVIEW CRITERIA AS PART OF THE COMMUNITY BENEFIT CODE CHANGE PROJECT AND SETTING FORTH RELATED DETAILS
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ORDINANCE 8515
AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,”
B.R.C. 1981, TO UPDATE THE SITE REVIEW CRITERIA AS
PART OF THE COMMUNITY BENEFIT CODE CHANGE
PROJECT AND SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 9-2-7, “Development Review Action,” B.R.C. 1981, is amended to
read as follows:
9-2-7. Development Review Action.
No development review application will be accepted unless and until it is determined to be
complete. Such determination will be made within five days after the submission of the
application. The city manager will review the application and provide the applicant with a list of
any deficiencies.
(a) City Manager Review and Recommendation:
(1) The city manager shall, after acceptance of the application, review the application
for compliance with the review criteria. The city manager shall provide the
applicant with a written evaluation of the application and whether it meets or does
not meet applicable criteria, and what modifications the applicant may wish to
consider in order to meet applicable criteria and obtain the city manager's support.
(2) The applicant shall be afforded a maximum of sixty days to make any corrections
or changes recommended by the city manager. If corrections or changes are not
submitted in the prescribed time period, the application shall be considered
withdrawn.
(3) The city manager shall approve the application in whole or in part, with or
without modifications and conditions, deny the application or may refer the
application to the planning board for review or decision, as provided in Sections
9-2-14, "Site Review," 9-2-15, "Use Review," and 9-2-16, "Form-Based Code
Review," B.R.C. 1981, for the type of review requested.
(4) The city manager will mail a written disposition of approval or denial with the
reasons for denial to the applicant, appeal body and to any person that requested
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notification of the final decision. A decision not referred to, appealed to or called-
up by the planning board is final fourteen days after the date of approval indicated
on the disposition.
(5) The city manager shall review and process an application of a public utility or a
power authority providing electric or natural gas service that relates to the
location, construction, or improvement of major electrical or natural gas facilities,
as defined in state law, consistent with deadlines and requirements for such
review set forth in C.R.S. 29-20-108, as applicable at the time of application. Any
board or council reviews will also be scheduled to meet the requirements of said
law.
(b) Planning Board Review and Recommendation: Development review applications
requiring a decision by the planning board shall be reviewed as follows:
(1) Referral: The city manager shall refer to the planning board any application for a
development review which requires a board decision as required by Sections 9-2-
14, "Site Review," 9-2-15, "Use Review," and 9-2-16, "Form-Based Code
Review," B.R.C. 1981, and any other application which the manager deems
appropriate.
(2) Decision: Within thirty days of the public hearing provided for in Section 9-2-8,
"Public Hearing Requirement," B.R.C. 1981, or within such other time as the
agency and the applicant mutually agree, the board will either grant the
application in whole or in part, with or without modifications and conditions, or
deny it. The board will review the application in accordance with the standards
and guidelines established in Sections 9-2-14, "Site Review," 9-2-15, "Use
Review," and 9-2-16, "Form-Based Code Review," B.R.C. 1981, for the type of
review requested. The decision will specifically set forth in what respects the
application meets or fails to meet the standards and criteria set forth in Sections 9-
2-14, "Site Review," 9-2-15, "Use Review," and 9-2-16, "Form-Based Code
Review," B.R.C. 1981, for the type of review requested. A planning board
decision not called up by the city council is final thirty days after the date of the
decision.
(3) Appeal and Call-Ups:
(A) The applicant or any interested person may appeal the city manager's
decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public
Hearings," B.R.C. 1981.
(B) A member of the planning board may call-up an application for review
pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings,"
B.R.C. 1981.
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(c) City Council Call-Up: The city council may call-up any planning board decision pursuant
to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.
(d) Building Permit Pending Appeal: A building permit may be applied for after the initial
approval of a development review application, but no building permit will be issued until
after any and all applicable call-up or appeal periods have expired. An applicant for such
a permit bears all risks of subsequent disapproval and waives any claims arising from the
permit application.
(e) Judicial Review: Any person aggrieved by the final decision of the city manager may
seek judicial review pursuant to Subsection 9-4-4(g), B.R.C. 1981.
Section 2. Section 9-2-14, “Site Review,” B.R.C. 1981, is amended to read as follows:
9-2-14. Site Review.
(a) Purpose: The purpose of site review is to allow flexibility and in design, to encourage
innovation in land use development. Review criteria are established to promote the most
appropriate use of land, improve the character and quality of new development, to
facilitate the adequate and economical provision of streets and utilities, to preserve the
natural and scenic features of open space, to assure consistency with the purposes and
policies of the Boulder Valley Comprehensive Plan and other adopted plans of the
community, to ensure compatibility with existing structures and established districts, to
assure that the height of new buildings is in general proportion to the height of existing,
approved, and known to be planned or projected buildings in the immediate area, to
assure that the project incorporates, through site design, elements which provide for the
safety and convenience of the pedestrian, to assure that the project is designed in an
environmentally sensitive manner, to assure that the building is of a bulk appropriate to
the area and the amenities provided and of a scale appropriate to pedestrians, and to set
requirements for additional height, density, and intensity that provide additional benefits
to the community beyond the underlying zoning. , to promote the most appropriate use of
land, to improve the character and quality of new development, to facilitate the adequate
and economical provision of streets and utilities, to preserve the natural and scenic
features of open space, to ensure compatible architecture, massing and height of buildings
with existing, approved, and known to be planned or projected buildings in the immediate
area, to ensure human scale development, to promote the safety and convenience of
pedestrians, bicyclists and other modes within and around developments and to
implement the goals and policies of the Boulder Valley Comprehensive Plan and other
adopted plans of the community. Review criteria are established to achieve the following:
1. Consistency with the Boulder Valley Comprehensive Plan (BVCP): Development
projects are consistent with relevant goals and policies of the BVCP, while
recognizing that no project must satisfy one particular goal or policy or all of
them.
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2. Consistency with Adopted Plans: Development projects are consistent with
adopted subcommunity and area plans and design guidelines of the city.
3. Sustainability: Projects are designed to be sustainable and address greenhouse gas
emissions and to prevent or mitigate impacts to the natural environment.
4. Housing Diversity: Residential projects assist the community in producing a
variety of housing types and unit sizes.
5. Enhanced Site Design: Projects preserve and enhance the community's unique
sense of place through creative design that respects historic character and the
project’s relationship to the natural environment, public realm, and surrounding
area. The project provides multi-modal transportation connectivity and promotes
use of modes other than the single-occupant vehicles. Site open space enhances
the pedestrian experience, is functional, and incorporates high-quality sustainable
landscaping. Open space meets the needs of the users of the project.
6. Enduring Human Scale Building Design: Buildings exemplify high-quality,
enduring architecture with facades that are simple and human scaled. Buildings
provide pedestrian interest and are consistent with the character established in
adopted subcommunity or area plans or design guidelines or, if none apply, are
compatible with the character of the surrounding area or improve upon that
character.
7. Community Benefit and Enhanced Building and Site Design for Taller, Larger
Buildings: Buildings that are built above the by-right zoning district height limits
or floor area ratio maximums as may be approved under the standards of this
section provide community benefits identified in the BVCP beyond the
underlying zoning. These buildings are compatible in form and massing with the
surrounding area and preserve and take advantage of prominent views from the
site and adjacent public spaces and provide high quality open space that provides
relief to the additional height and intensity of the project and the surrounding area.
(b) Scope: The following development review thresholds apply to any development that is
eligible or that otherwise may be required to complete the site review process:
(1) Development Review Thresholds:
…
(E) Height Modifications: A development which exceeds the permitted height
requirements of Section 9-7-5, "Building Height," or 9-7-6, "Building
Height, Conditional," B.R.C. 1981, or of Paragraph 9-10-3(b)(2),
“Maximum Height,” B.R.C. 1981, to the extent permitted by that
paragraph for existing buildings on nonstandard lots, is required to
complete a site review and is not subject to the minimum threshold
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requirements. No standard other than height may be modified under the
site review unless the project is also eligible for site review. A
development that exceeds the permitted height requirements of Section 9-
7-5 or 9-7-6, B.R.C. 1981, must meet any one of the following
circumstances in addition to the site review criteria:
…
(ii) The building is in the Industrial industrial Generalgeneral,
Industrial industrial Serviceservice, or Industrial industrial
Manufacturing manufacturing Zoning zoning District district and
has two or fewer stories or and the building’s height is necessary
for a manufacturing, testing, or other industrial process or
equipment.
…
(iv) The height modification is to allow up to the greater of two stories
or the maximum number of stories permitted but no more than five
feet above the maximum building height under Section 9-7-5(a) or
9-7-6, B.R.C. 1981, in a building where the height modification is
necessary because the building has to be elevated to meet the
required flood protection elevation.
(ivv) At least forty percent of the dwelling units in the building meet the
requirements for permanently affordable units in Chapter 9-13,
“Inclusionary Housing,” B.R.C. 1981; at least forty percent of the
floor area of the building is used for dwelling units that meet the
requirements for permanently affordable units in Chapter 9-13,
B.R.C. 1981.; all floor area above the first floor of the building is
used for dwelling units; and the permanently affordable units in the
building are not used to satisfy inclusionary housing requirements
under Chapter 9-13, B.R.C. 1981, for dwelling units located in any
other building.
(v vi) The height modification is to allow an emergency operations
antenna or a pole.
(vii) The height modification is to allow an expansion of an existing
building that exceeds the permitted height requirements of Section
9-7-5 or 9-7-6, B.R.C. 1981, if the existing height was approved as
part of a planned unit development, site review, or height review
and the expansion is not within a fourth or fifth story.
(viviii) The building or use is located in an area designated in Appendix J,
"Areas Where Height Modifications May Be Considered," and
meets the requirements of Paragraph 9-2-14(h)(2)(K), "Additional
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Criteria for Height Bonuses and Land Use Intensity Modifications
for Properties Designated Within Appendix J," B.R.C. 1981. [3]
meets the requirements of Subparagraph 9-2-14(h)(6)(C), B.R.C.
1981, for a height bonus, and is not in the RR, RE, RL, RMX-1,
MH, or A zoning district.
TABLE 2-2: SITE REVIEW THRESHOLD TABLE
Zoning
District
Abbreviation
Use Form Intensity Minimum
Size for Site
Review
Concept Plan and
Site Review
Required
Former Zoning
District
Abbreviation
A A a 1 2 acres - (A-E)
BC-1 B3 f 15 1 acre 3 acres or 50,000
square feet of floor
area
(CB-D)
BC-2 B3 f 19 1 acre 2 acres or 25,000
square feet of floor
area or any site in
BVRC
(CB-E)
BCS B4 m 28 1 acre 3 acres or 50,000
square feet of floor
area
(CS-E)
BMS B2 o 17 0 3 acres or 50,000
square feet of floor
area
(BMS-X)
BR-1 B5 f 23 0 3 acres or 50,000
square feet of floor
area
(RB-E)
BR-2 B5 f 16 0 3 acres or 50,000
square feet of floor
area
(RB-D)
BT-1 B1 f 15 1 acre 2 acres or 30,000
square feet of floor
area
(TB-D)
BT-2 B1 e 21 0 2 acres or 30,000
square feet of floor
area
(TB-E)
DT-1 D3 p 25 0 1 acre or 50,000
square feet of floor
area
(RB3-X/E)
DT-2 D3 p 26 0 1 acre or 50,000
square feet of floor
area
(RB2-X)
DT-3 D3 p 27 0 1 acre or 50,000
square feet of floor
area
(RB2-E)
DT-4 D1 q 27 0 1 acre or 50,000
square feet of floor
area
(RB1-E)
DT-5 D2 p 27 0 1 acre or 50,000
square feet of floor
area
(RB1-X)
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IG I2 f 22 2 acres 5 acres or 100,000
square feet of floor
area
(IG-E/D)
IM I3 f 20 2 acres 5 acres or 100,000
square feet of floor
area
(IM-E/D)
IMS I4 r 18 0 3 acres or 50,000
square feet of floor
area
(IMS-X)
IS-1 I1 f 11 2 acres 5 acres or 100,000
square feet of floor
area
(IS-E)
IS-2 I1 f 10 2 acres 5 acres or 100,000
square feet of floor
area
(IS-D)
MH MH s - 5 or more
units are
permitted on
the property
- (MH-E)
MU-1 M2 i 18 0 1 acre or 20
dwelling units
(MU-D)
MU-2 M3 r 18 0 3 acres or 50,000
square feet of floor
area
(RMS-X)
MU-3 M1 n 24 5 or more
units are
permitted on
the property
1 acre or 20
dwelling units or
20,000 square feet
of nonresidential
floor area
(MU-X)
MU-4 M4 o 24.5 0 3 acres or 50,000
square feet of floor
area
-
P P c 5 2 acres 5 acres or 100,000
square feet of floor
area
(P-E)
RE R1 b 3 5 or more
units are
permitted on
the property
- (ER-E)
RH-1 R6 j 12 0 2 acres or 20
dwelling units
(HR-X)
RH-2 R6 c 12.5 0 2 acres or 20
dwelling units
(HZ-E)
RH-3 R7 l 14 5 or more
units are
permitted on
the property
2 acres or 20
dwelling units
(HR1-X)
RH-4 R6 h 15 5 or more
units are
permitted on
the property
2 acres or 20
dwelling units
(HR-D)
RH-5 R6 c 19 5 or more
units are
2 acres or 20
dwelling units
(HR-E)
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permitted on
the property
RH-6 R8 j 17.5 5 or more
units are
permitted on
the property
3 acres or 20
dwelling units
-
RH-7 R7 i 14 5 or more
units are
permitted on
the property
2 acres or 20
dwelling units
-
RL-1 R1 d 4 5 or more
units are
permitted on
the property
3 acres or 18
dwelling units
(LR-E)
RL-2 R2 g 6 5 or more
units are
permitted on
the property
3 acres or 18
dwelling units
(LR-D)
RM-1 R3 g 9 5 or more
units are
permitted on
the property
2 acres or 20
dwelling units
(MR-D)
RM-2 R2 d 13 5 or more
units are
permitted on
the property
2 acres or 20
dwelling units
(MR-E)
RM-3 R3 j 13 5 or more
units are
permitted on
the property
2 acres or 20
dwelling units
(MR-X)
RMX-1 R4 d 7 5 or more
units are
permitted on
the property
2 acres or 20
dwelling units
(MXR-E)
RMX-2 R5 k 8 0 2 acres or 20
dwelling units
(MXR-D)
RR-1 R1 a 2 5 or more
units are
permitted on
the property
- (RR-E)
RR-2 R1 b 2 5 or more
units are
permitted on
the property
- (RR1-E)
(2) Poles Or Emergency Operations Antennas Above the Permitted Height: The city
manager will follow the following procedures for the review, recommendation,
and call-up and effective date for the approval of poles or emergency operations
antennas above the permitted, as applicable by height.
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(A) Light Poles at Government-Owned Facilities or Emergency Operations
Antennas: The city manager will determine whether or not to approve an
application for light poles at government-owned recreation facilities or
emergency operations antennas between thirty-five and fifty-five feet in
height, subject to call-up by the planning board pursuant to the procedures
set forth in Subsection 9-2-7(b), B.R.C. 1981.
(B) All Poles or Antennas Over Fifty-Five Feet in Height: The city manager
will determine whether or not to approve all applications for poles or
antennas over fifty-five feet in height, subject to call-up by the city council
pursuant to the procedures set forth in Subsection 9-2-7(c), B.R.C. 1981.
…
(c) Modifications to Development Standards: The following development standards of
B.R.C. 1981 may be modified under the site review process set forth in this section:
…
(17) Land use intensity modifications pursuant to Paragraphs 9-2-14(h)(6)(2)(I) and
(h)(2)(J).
…
(22) 9-10-3(c)(4)(B), "No Reduction in Affordable Units."
(22) The height standards in Paragraph 9-10-3(b)(2), “Maximum Height,” to the
extent permitted for existing buildings or structures exceeding the height
limitation of that paragraph and the number of permanently affordable units
requirement in Paragraph 9-10-3(c)(4)(B), "No Reduction in Affordable
Units," pursuant to the standards of that paragraph.
…
(d) Application Requirements: An application for approval of a site plan may be filed by any
person having a demonstrable property interest in land to be included in a site review on a
form provided by the city manager that includes, without limitation:
…
(17) Plans for preservation of natural features existing on the site or plans for
mitigation of adverse impacts to natural features existing on the site from the
proposed development and anticipated uses. Natural features include, without
limitation, healthy long-lived trees, significant plant communities, ground and
surface water, wetlands, riparian areas, drainage areas and habitat for species on
the federal Endangered Species List, "Species of Special Concern in Boulder
County" designated by Boulder County, or, if prairie dogs (Cynomys
ludiovicianus) are present on the site, a statement of intent that specifies how the
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applicant will address the prairie dogs consistent with the applicable standards of
Chapter 6-1, “Animals,” B.R.C. 1981. which is a species of local concern.
(18) A tree inventory that includes the location, size, species, and general health of all
trees with a diameter of six inches and over measured fifty-four inches above the
ground on the property or in the landscape setback of any property adjacent to the
development. The inventory shall indicate which trees will be adversely affected
and what if any steps will be taken to mitigate the impact on the trees. The tree
inventory shall be prepared by a certified arborist that has a valid contractor
license pursuant to Chapter 4-28, "Tree Contractor License," B.R.C.
(19) A three-dimensional, digital model illustrating the project site and surrounding
context for view and scale analysis, unless exempted by the city manager due to
small project size.
(20) For projects with any new building or addition exceeding 30,000 square feet of
floor area, preliminary energy modeling or any other documentation necessary to
demonstrate compliance with the greenhouse gas emissions reduction standards of
Subparagraph 9-2-14(h)(1)(C), B.R.C. 1981.
(21) A transportation demand management (TDM) plan which outlines strategies to
mitigate traffic impacts created by the proposed development and measures that
the development will implement to promote alternate modes of travel, in
accordance with Section 9-2-14(h)(2)(A), B.R.C. 1981, and Section 2.03(I) of the
City of Boulder Design and Construction Standards.
(e) Additional Application Requirements for Height Modification: The following additional
application requirements apply if the development proposal includes a request for the
modification of the permitted height:
…
(8) Plans and a written statement demonstrating that the development meets the
requirements for a height bonus specified in Subparagraph 9-2-14(h)( 26)(CK),
B.R.C. 1981.
…
(g) Review and Recommendation: The city manager will review and decide an application
for a site review in accordance with the provisions of Section 9-2-6, "Development
Review Application," B.R.C. 1981, except for an application involving the following,
which the city manager will refer with a recommendation to the planning board for its
action:
(1) A reduction in off-street parking of more than fifty percent subject to compliance
with the standards of Subsection 9-9-6(f), B.R.C. 1981.
(2) A reduction of the open space or lot area requirements allowed by Subparagraph
(h)(62)(I) of this section.
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…
(h) Criteria for Review: No site review application shall be approved unless the approving
agency finds that:
(1) Boulder Valley Comprehensive Plan:
(A) The proposed site plan is consistent with the land use map and the service
area map and, on balance, the policies of the Boulder Valley
Comprehensive Plan.
(B) The proposed development shall not exceed the maximum density
associated with the Boulder Valley Comprehensive Plan residential land
use designation. Additionally, if the density of existing residential
development within a three-hundred-foot area surrounding the site is at or
exceeds the density permitted in the Boulder Valley Comprehensive Plan,
then the maximum density permitted on the site shall not exceed the lesser
of:
(i) The density permitted in the Boulder Valley Comprehensive Plan,
or
(ii) The maximum number of units that could be placed on the site
without waiving or varying any of the requirements of Chapter 9-8,
"Intensity Standards," B.R.C. 1981, except as permitted for
building sites with permanently affordable units meeting the
requirements of Paragraph 9-10-3(c)(4), "Nonconforming
Permanently Affordable Units," B.R.C. 1981.
(C) The proposed development's success in meeting the broad range of BVCP
policies considers the economic feasibility of implementation techniques
required to meet other site review criteria.
(2) Site Design: Projects should preserve and enhance the community's unique sense
of place through creative design that respects historic character, relationship to the
natural environment, multi-modal transportation connectivity and its physical
setting. Projects should utilize site design techniques which are consistent with the
purpose of site review in Subsection (a) of this section and enhance the quality of
the project. In determining whether this subsection is met, the approving agency
will consider the following factors:
(A) Open Space: Open space, including, without limitation, parks, recreation
areas and playgrounds:
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(i) Useable open space is arranged to be accessible and functional and
incorporates quality landscaping, a mixture of sun and shade and
places to gather;
(ii) Private open space is provided for each detached residential unit;
(iii) The project provides for the preservation of or mitigation of
adverse impacts to natural features, including, without limitation,
healthy long-lived trees, significant plant communities, ground and
surface water, wetlands, riparian areas, drainage areas and species
on the federal Endangered Species List, "Species of Special
Concern in Boulder County" designated by Boulder County, or
prairie dogs (Cynomys ludiovicianus), which is a species of local
concern, and their habitat;
(iv) The open space provides a relief to the density, both within the
project and from surrounding development;
(v) Open space designed for active recreational purposes is of a size
that it will be functionally useable and located in a safe and
convenient proximity to the uses to which it is meant to serve;
(vi) The open space provides a buffer to protect sensitive
environmental features and natural areas; and
(vii) If possible, open space is linked to an area- or city-wide system.
(B) Open Space in Mixed Use Developments (Developments That Contain a
Mix of Residential and Nonresidential Uses):
(i) The open space provides for a balance of private and shared areas
for the residential uses and common open space that is available
for use by both the residential and nonresidential uses that will
meet the needs of the anticipated residents, occupants, tenants and
visitors of the property; and
(ii) The open space provides active areas and passive areas that will
meet the needs of the anticipated residents, occupants, tenants and
visitors of the property and are compatible with the surrounding
area or an adopted plan for the area.
(C) Landscaping:
(i) The project provides for aesthetic enhancement and a variety of
plant and hard surface materials, and the selection of materials
provides for a variety of colors and contrasts and the preservation
or use of local native vegetation where appropriate;
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(ii) Landscape design attempts to avoid, minimize or mitigate impacts
on and off site to important native species, healthy, long lived
trees, plant communities of special concern, threatened and
endangered species and habitat by integrating the existing natural
environment into the project;
(iii) The project provides significant amounts of plant material sized in
excess of the landscaping requirements of Sections 9-9-12,
"Landscaping and Screening Standards," and 9-9-13, "Streetscape
Design Standards," B.R.C. 1981; and
(iv) The setbacks, yards and useable open space along public rights of
way are landscaped to provide attractive streetscapes, to enhance
architectural features and to contribute to the development of an
attractive site plan.
(D) Circulation: Circulation, including, without limitation, the transportation
system that serves the property, whether public or private and whether
constructed by the developer or not:
(i) High speeds are discouraged or a physical separation between
streets and the project is provided;
(ii) Potential conflicts with vehicles are minimized;
(iii) Safe and convenient connections are provided that support multi-
modal mobility through and between properties, accessible to the
public within the project and between the project and the existing
and proposed transportation systems, including, without limitation,
streets, bikeways, pedestrian ways and trails;
(iv) Alternatives to the automobile are promoted by incorporating site
design techniques, land use patterns and supporting infrastructure
that supports and encourages walking, biking and other alternatives
to the single-occupant vehicle;
(v) Where practical and beneficial, a significant shift away from
single-occupant vehicle use to alternate modes is promoted through
the use of travel demand management techniques;
(vi) On-site facilities for external linkage are provided with other
modes of transportation, where applicable;
(vii) The amount of land devoted to the street system is minimized; and
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(viii) The project is designed for the types of traffic expected, including,
without limitation, automobiles, bicycles and pedestrians, and
provides safety, separation from living areas and control of noise
and exhaust.
(E) Parking:
(i) The project incorporates into the design of parking areas measures
to provide safety, convenience and separation of pedestrian
movements from vehicular movements;
(ii) The design of parking areas makes efficient use of the land and
uses the minimum amount of land necessary to meet the parking
needs of the project;
(iii) Parking areas and lighting are designed to reduce the visual impact
on the project, adjacent properties and adjacent streets; and
(iv) Parking areas utilize landscaping materials to provide shade in
excess of the requirements in Subsection 9-9-6(d), and Section 9-9-
14, "Parking Lot Landscaping Standards," B.R.C. 1981.
(F) Building Design, Livability and Relationship to the Existing or Proposed
Surrounding Area:
(i) The building height, mass, scale, orientation, architecture and
configuration are compatible with the existing character of the area
or the character established by adopted design guidelines or plans
for the area;
(ii) The height of buildings is in general proportion to the height of
existing buildings and the proposed or projected heights of
approved buildings or approved plans or design guidelines for the
immediate area;
(iii) The orientation of buildings minimizes shadows on and blocking
of views from adjacent properties;
(iv) If the character of the area is identifiable, the project is made
compatible by the appropriate use of color, materials, landscaping,
signs and lighting;
(v) Projects are designed to a human scale and promote a safe and
vibrant pedestrian experience through the location of building
frontages along public streets, plazas, sidewalks and paths, and
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through the use of building elements, design details and landscape
materials that include, without limitation, the location of entrances
and windows, and the creation of transparency and activity at the
pedestrian level;
(vi) To the extent practical, the project provides public amenities and
planned public facilities;
(vii) For residential projects, the project assists the community in
producing a variety of housing types, such as multifamily,
townhouses and detached single family units, as well as mixed lot
sizes, number of bedrooms and sizes of units;
(viii) For residential projects, noise is minimized between units, between
buildings and from either on-site or off-site external sources
through spacing, landscaping and building materials;
(ix) A lighting plan is provided which augments security, energy
conservation, safety and aesthetics;
(x) The project incorporates the natural environment into the design
and avoids, minimizes or mitigates impacts to natural systems;
(xi) Buildings minimize or mitigate energy use; support on-site
renewable energy generation and/or energy management systems;
construction wastes are minimized; the project mitigates urban heat
island effects; and the project reasonably mitigates or minimizes
water use and impacts on water quality;
(xii) Exteriors of buildings present a sense of permanence through the
use of authentic materials such as stone, brick, wood, metal or
similar products and building material detailing;
(xiii) Cut and fill are minimized on the site, the design of buildings
conforms to the natural contours of the land, and the site design
minimizes erosion, slope instability, landslide, mudflow or
subsidence, and minimizes the potential threat to property caused
by geological hazards;
(xiv) In the urbanizing areas along the Boulder Valley Comprehensive
Plan boundaries between Area II and Area III, the building and site
design provide for a well-defined urban edge; and
(xv) In the urbanizing areas located on the major streets shown on the
map in Appendix A to this title near the Boulder Valley
Comprehensive Plan boundaries between Area II and Area III, the
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buildings and site design establish a sense of entry and arrival to
the City by creating a defined urban edge and a transition between
rural and urban areas.
(G) Solar Siting and Construction: For the purpose of ensuring the maximum
potential for utilization of solar energy in the City, all applicants for
residential site reviews shall place streets, lots, open spaces and buildings
so as to maximize the potential for the use of solar energy in accordance
with the following solar siting criteria:
(i) Placement of Open Space and Streets: Open space areas are
located wherever practical to protect buildings from shading by
other buildings within the development or from buildings on
adjacent properties. Topography and other natural features and
constraints may justify deviations from this criterion.
(ii) Lot Layout and Building Siting: Lots are oriented and buildings are
sited in a way which maximizes the solar potential of each
principal building. Lots are designed to facilitate siting a structure
which is unshaded by other nearby structures. Wherever practical,
buildings are sited close to the north lot line to increase yard space to the south
for better owner control of shading.
(iii) Building Form: The shapes of buildings are designed to maximize
utilization of solar energy. Buildings shall meet the solar access
protection and solar siting requirements of Section 9-9-17, "Solar
Access," B.R.C. 1981.
(iv) Landscaping: The shading effects of proposed landscaping on
adjacent buildings are minimized.
(h) Criteria: No site review application shall be approved unless the approving agency finds
that the project is consistent with the following criteria:
(1) Boulder Valley Comprehensive Plan (BVCP) criteria:
(A) BVCP Land Use Map and Policies: The proposed project is consistent
with the BVCP land use map and, on balance, with the goals and policies
of the BVCP particularly those that address the built environment. In
applying this, the approving authority shall consistently interpret and
apply this criterion and consider whether a particular goal or policy is
intended to be applied to individual development projects or is to guide
city policy decisions, such as regulatory actions. The BVCP does not
prioritize goals and policies, and no project must satisfy one particular
goal or policy or all of them.
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(B) Subcommunity and Area Plans or Design Guidelines: If the project is
subject to an adopted subcommunity or area plan or adopted design
guidelines, the project is consistent with the applicable plan and
guidelines.
(C) Reducing Greenhouse Gas Emissions: Any new commercial building
greater than 30,000 square feet in floor area and any 30,000 square feet or
greater addition to a commercial building shall either have a net site
energy usage index (EUI) of zero or is designed to achieve a net site EUI
that is 10 percent lower than required under the City of Boulder Energy
Conservation Code. It shall be a condition of approval that the applicant
demonstrate compliance with this criterion at time of building permit. For
the purpose of this requirement, “commercial building” shall have the
meaning defined in the City of Boulder Energy Conservation Code.
(D) Urban Edge Design: If the project is located within the urbanizing areas
along the boundaries between Area I and Area II or III of the BVCP, the
building and site design provide for a well-defined urban edge, and, if, in
addition, the project is located on a major street shown in Appendix A of
this title, the buildings and site design establish a sense of entry and arrival
to the city by creating a defined urban edge through site and building
design elements visible upon entry to the city.
(E) Historic or Cultural Resources: If present, the project protects significant
historic and cultural resources. The approving authority may require
application and good faith pursuit of local landmark designation.
(F) Housing Diversity and Bedroom Unit Types: Except in the RR, RE and
RL-1 zoning districts, projects that are more than 50 percent residential by
measure of floor area, not counting enclosed parking areas, meet the
following housing and bedroom unit type requirements in (i) through (vi).
For the purposes of this subparagraph, qualifying housing type shall mean
duplexes, attached dwelling units, townhouses, live-work units, or
efficiency living units, and bedroom type shall mean studios, one-bedroom
units, two-bedroom units, or three-bedroom units.
(i) Projects five acres or less shall include at least one qualifying
housing type. In projects with efficiency living units, at least one
additional qualifying housing type shall be provided consistent
with the requirements of this paragraph;
(ii) Projects greater than five acres shall include at least two qualifying
housing types;
(iii) Projects ten acres or more shall include at least three qualifying
housing types;
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(iv) Projects greater than five acres shall include at least five dwelling
units of each required qualifying housing type;
(v) Projects with more than 20 attached dwelling units shall include at
least two different bedroom types, and;
(vi) If a project does not meet the requirements of subsections (i)
through (v) above, the applicant shall demonstrate that the project
fulfills another at least equivalent community need related to
housing policies identified in the BVCP.
(G) Environmental Preservation:
(i) The project provides for the preservation of or mitigation of
adverse impacts to natural features, including, without limitation,
healthy long-lived trees, significant plant communities, ground and
surface water, wetlands, riparian areas, drainage areas, and species
on the federal Endangered Species List and "Species of Special
Concern in Boulder County" designated by Boulder County and
their habitat.
(ii) Where excavation occurs, the location and design of buildings
conforms to the natural contours of the land with tiered floor
plates, and the site design avoids over-engineered tabling of land.
Slopes greater than 50 percent should be avoided and, to the extent
practicable, any such areas shall be stabilized with vegetation.
(2) Site Design Criteria: The project creates safe, convenient, and efficient
connections for all modes of travel, promotes safe pedestrian, bicycle, and other
modes of alternative travel with the goal of lowering motor vehicle miles traveled.
Usable open space is arranged to be accessible; designed to be functional,
encourage use, and enhance the attractiveness of the project; and meets the needs
of the anticipated residents, occupants, tenants, and visitors to the project.
Landscaping aesthetically enhances the project, minimizes use of water, is
sustainable, and improves the quality of the environment. Operational elements
are screened to mitigate negative visual impacts. In determining whether this is
met, the approving agency will consider the following factors:
(A) Access, Transportation, and Mobility:
(i) The project enables or provides vehicular and pedestrian
connectivity between sites consistent with adopted connections
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plans relative to the transportation needs and impacts of the
project, including but not limited to construction of new streets,
bike lanes, on-street parking, sidewalks, multi-use paths, transit
stops, streetscape planting strips, and dedication of public right-of-
way or public access easements, as applicable considering the
scope of the project. Where no adopted connections plan applies,
the applicant shall, in good faith, and in coordination with the city
manager, attempt to coordinate with adjacent property owners to
establish, where practicable, reasonable and useful pedestrian
connections or vehicular circulation connections, such as between
parking lots on abutting properties, considering existing
connections, infrastructure, and topography.
(ii) Alternatives to the automobile are promoted by incorporating site
design techniques, land use patterns, and infrastructure that support
and encourage walking, biking, and other alternatives to the single-
occupant vehicle.
(iii) A transportation demand management (TDM) plan will be
complied with including methods that result in a significant shift
away from single-occupant vehicle use to alternate modes.
(iv) Streets, bikeways, pedestrian ways, trails, open space, buildings,
and parking areas are designed and located to optimize safety of all
modes and provide connectivity and functional permeability
through the site.
(v) The design of vehicular circulation and parking areas make
efficient use of the land and minimize the amount of pavement
necessary to meet the circulation and parking needs of the project.
(vi) Where practicable and needed in the area and subject to
coordination with the city manager, the project provides curbside
parking or loading or both consistent with city policies on curbside
management.
(B) Open Space:
(i) Useable open space is arranged to be accessible and designed to
encourage use by incorporating quality landscaping, a mixture of
sun and shade, hardscape areas and green spaces for gathering.
(ii) The open space will meet the needs of the anticipated residents,
occupants, tenants, and visitors of the property. In mixed-use
projects, the open space provides for a balance of private and
common areas for the residential uses and includes common open
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space that is available for use by residents of the residential uses
and their visitors and by tenants, occupants, customers, and visitors
of the non-residential uses.
(iii) If the project includes more than 50 dwelling units, including the
addition of units that causes a project to exceed this threshold, and
is more than one mile walking distance to a public park with any of
the amenities described herein, at least 30 percent of the required
outdoor open space is designed for active recreational purposes.
(iv) On-site open space is linked to adjacent public spaces, multi-use
paths, city parks, or public open space if consistent with
Department of Open Space and Mountain Parks or Department of
Parks and Recreation plans and planning for the area, as
applicable.
(C) Landscaping and Screening:
(i) The project exceeds the minimum landscaping requirements of
Section 9-9-12, “Landscaping and Screening Standards,” B.R.C.
1981, by at least fifteen percent in terms of planting quantities,
includes a commensurate area to accommodate the additional
plantings, and, where practical, preserves healthy long-lived trees.
(ii) The landscaping design includes a variety of plants providing a
variety of colors and contrasts in terms of texture and seasonality
and high-quality hard surface materials, such as stone, flagstone,
porous pavers, and decorative concrete.
(iii) The landscaping design conserves water through use of native and
adaptive plants, reduction of exotic plant materials, and
landscaping within stormwater detention facilities to create
bioswales or rain gardens, or other similar design strategies.
(iv) Operational elements, such as electrical transformers, trash storage
and recycling areas, parking, and vehicular circulation, are
screened from the public realm through design elements, such as
landscaping, fencing, or placement of structures, to mitigate
negative visual impacts.
(3) Building Siting and Design Criteria: Building siting and design are consistent
with the character established in any adopted plans or guidelines applicable to the
site or, if none apply, are compatible with the character of the area or improves
upon that character, consistent with the intent specified in this paragraph.
Buildings are positioned and oriented towards the public realm to promote a safe
and vibrant pedestrian experience including welcoming, well-defined entries and
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facades. Building exteriors are designed with a long-lasting appearance and high-
quality materials. Building design is simple and to a human scale, it creates visual
interest and a vibrant pedestrian experience. Building roof design contributes to a
city skyline that has a variety of roof forms and heights. In determining whether
this is met, the approving agency will consider the following factors:
(A) Building Siting and Public Realm Interface:
(i) New buildings and, to the extent practicable, additions to existing
buildings are positioned towards the street, respecting the existing
conditions or the context anticipated by adopted plans or
guidelines. In urban contexts, buildings are positioned close to the
property line and sidewalk along a street; whereas, in lower
intensity contexts, a greater landscaped setback may be provided to
match the surrounding context.
(ii) Wherever practical considering the scope of the project, parking
areas are located behind buildings or set back further from the
streetscape than the building façade.
(iii) Along the public realm, building entries are emphasized by
windows and architectural features that include one or more of the
following: increased level of detail, protruding or recessed
elements, columns, pilasters, protruding bays, reveals, fins, ribs,
balconies, cornices, eaves, increased window glazing, or changes
in building materials or color.
(iv) Defined entries connect the building to the public realm. Unless
inconsistent with the context and building’s use, along the public
realm, one defined entry is provided every 50 feet. Buildings
designed for residential or industrial uses may have fewer defined
entries.
(v) If the project is adjacent to a zoning district of lower intensity in
terms of allowable use, density, massing, or scale, the project is
designed with an appropriate transition to the adjacent properties
considering adopted subcommunity and area plans or design
guidelines applicable to the site, and, if none apply, the existing
development pattern. Appropriate transitions may be created
through design elements such as building siting and design or open
space siting and design.
(vi) The building’s siting and relationship to the public realm is
consistent with the character established in any adopted plans or
guidelines applicable to the site or, if none apply, is compatible
with the character of the area or improves upon that character,
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consistent with the intent of paragraph (3), Building Design
Criteria.
(B) Building Design:
(i) Larger floor plate buildings and projects with multiple buildings
have a variety of forms and heights.
(ii) To the extent practical considering their function, mechanical
appurtenances are located within or concealed by the building. If
they cannot be located within or concealed by the building, their
visibility from the public realm and adjacent properties is
minimized.
(iii) On each floor of the building, windows create visual interest,
transparency, and a sense of connection to the public realm. In
urban, pedestrian main street-built environments, it is a best
practice to design at least 60 percent of each ground floor façade
facing the street as window area. Otherwise, it is a best practice to
design at least 20 percent of the wall on each floor of a building as
window area. Blank walls along the most visible portions of the
building are avoided.
(iv) Simple detailing is incorporated into the façades to create visual
interest, without making the façade overly complicated. This
detailing may include cornices, belt courses, reveals, alternating
brick or stone patterns, expression line offsets, window lintels and
sills, and offsets in window glass from surrounding materials.
(v) Balconies on buildings with attached dwelling units are integrated
into the form of the building in that exterior walls partially enclose
the balcony. Balcony platform undersides are finished.
(vi) The building’s design, including but not limited to use of materials,
color, roof forms, and style, is consistent with the character
established in any adopted plans or guidelines applicable to the site
or, if none apply, is compatible with the character of the area or
improves upon that character, consistent with the intent of
paragraph (3), Building Design Criteria.
(C) Building Materials:
(i) Building facades are composed of high-quality, durable, human-
scaled materials. High-quality materials include brick, stone,
polished concrete masonry units, wood, architectural high pressure
laminate panels, cementitious or composite siding, architectural
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metal panels, or any combination of these materials. Split-faced
concrete masonry units, stucco, vinyl siding, EIFS, and unfinished
or untreated wood are not considered durable, high-quality
materials, but may be used on a limited basis and not on facades
facing the public realm. High quality materials are focused on the
ground floor facades on all sides of a building and on all floors of
facades facing the public realm, and, overall, comprise the vast
majority of all building facades.
(ii) Monolithic roofing membranes, like Thermoplastic Polyolefin, are
not used on roof surfaces that are visible from the street level.
(iii) The number of building material types is limited, and the building
materials are applied to complement the building form and
function. The organization of the building materials logically
expresses primary building features, such as the spatial layout,
building entries, private and common spaces, anchor corners,
stairwells, and elevators.
(iv) Building cladding materials turn convex corners and continue to
the inset wall. This criterion does not apply to changes that occur
at an interior corner nor to detailing elements, such as cornices,
belt courses, reveals, offsets in expression lines, lintels, and
windowsills. Building cladding materials do not change in-plane
unless there is at least a 12-inch wall offset.
(v) Any newly constructed building that includes residential units and
is located within 200 feet of a railroad, freeway, or expressway is
designed to achieve an interior day-night average noise level of no
more than forty-five decibels. 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.
(4) Additional Criteria for Buildings Requiring Height Modification or Exceeding the
Maximum Floor Area Ratio: Any building exceeding the by-right or conditional
zoning district height as permitted by Section 9-2-14(b)(1)(E), B.R.C. 1981, and
any building exceeding the by-right floor area limits as permitted by Section 9-2-
14(h)(6)(B), B.R.C. 1981, shall meet the following requirements:
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(A) Building Form and Massing: The building’s form and massing are
consistent with the character established in any adopted plans or
guidelines applicable to the site or, if none apply, are compatible with the
character of the area or improves upon that character, consistent with the
intent of paragraph (3), Building Design Criteria. The building’s form,
massing and length are designed to a human scale and to create visual
permeability into and through sites. In determining whether this is met, the
approving authority will consider the following factors:
(i) The building does not exceed 200 feet in length along any public
right-of-way.
(ii) All building facades exceeding 120 feet in length along a public
street, excluding alleys, are designed to appear as at least two
distinct buildings. To achieve this, façade segments vary in at least
two of the following design elements:
a. Type of dominant material or color, scale, or orientation of
that material;
b. Facade recessions and projections;
c. Location of entrance and window placements;
d. Roof forms; and
e. Building height.
(B) Building and Site Design Requirements for Height Modifications:
(i) Buildings requiring a height modification shall meet the following
requirements:
a. Height Modification Other than Height Bonus: For
buildings no taller than three stories and subject to a height
modification pursuant to Subparagraph 9-2-14(b)(1)(E)(i)
through (vii), the building’s height, mass, and scale is
compatible with the character of the surrounding area.
b. Height Bonus: For buildings taller than three stories subject
to a height modification pursuant to Subparagraph 9-2-
14(b)(1)(E)(viii), B.R.C. 1981:
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1. Guidelines or Plan: The building’s height is
consistent with the building heights anticipated in
adopted design guidelines or subcommunity or area
plans for the area; or
2. No Guidelines or Plan: If no such guidelines or
plans are adopted for the area or if they do not
specify anticipated heights for buildings, the
building height is compatible with the height of
buildings in the surrounding area or the building is
located (1) near a multi-modal corridor with transit
service or (2) near an area of redevelopment where
a higher intensity of use and similar building height
is anticipated; and
3. Additional Requirements for a Height Bonus -
Views: The project preserves and takes advantage
of prominent mountain views from public spaces
and from common areas within the project. In
determining whether this is met, the approving
authority will consider the following factors:
i. If there are prominent mountain views from
the site, usable open spaces on the site or
elevated common areas on the building are
located and designed to allow users of the
site access to such views;
ii. If the proposed building is located adjacent
to a city managed public park, plaza, or open
space, buildings are sited or designed in a
manner that avoids or minimizes blocking of
prominent public views of the mountains
from these spaces;
4. Additional Requirements for a Height Bonus –
Open Space:
i. If the project site is greater than one acre in
size, an inviting grade-level outdoor garden
or landscaped courtyard is provided,
designed as a gathering space for the
building users. The following are considered
elements of successful design for such a
space, as practicable considering site
conditions and location:
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ii. The width of the space is no less than the
height of building walls enclosing the space;
iii. Seating and other design elements are
integrated with the circulation pattern of the
project;
iv. The space has southern exposure and
sunlight;
v. Hard surface areas are paved with unit
pavers, such as bricks, quarry tiles, or
porous pavers, or poured-in-place materials.
If poured-in-place materials are used, they
are of decorative color or textures;
vi. Amenities, such as seating, tables, grills,
planting, shade, horseshoe pits, playground
equipment, and lighting are incorporated
into the space;
vii. The space is visible from an adjoining
public sidewalk; and
viii. At least one tree is planted per 500 square
feet of space. The trees are planted in the
ground or, if over parking garages, in tree
vaults.
(5H) Additional Criteria for Poles or Emergency Operations Antennas Above the
Permitted Height: No site review application for a pole or for an emergency
operations antenna above the permitted height will be approved unless the
approving agency finds all of the following:
(iA) Poles: Poles meet all the following:
(i) The light pole is a light pole that is required for nighttime
recreation activities which are compatible with the surrounding
neighborhood, or is a light or traffic signal pole is that is required
for safety, or is the an electrical utility pole is that is required to
serve the needs of the cCity; and
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(ii) The pole is sited in a manner that minimizes visual impacts and
preserves public view corridors, and
(iiiii) The pole is at the minimum height appropriate to accomplish the
purposes for which the pole was is erected and is designed and
constructed so as to minimize light and electromagnetic pollution.,
or
(B) Emergency Operation Antennas: Emergency operations antennas meet the
following:
(i) The emergency operations antenna will serve a critical health and
safety need for the city, surrounding communities, or both and is
sited and designed in a manner that respects its context to the
highest degree possible and minimizes visual impacts. The
antenna is at the minimum height necessary to accomplish its
purpose.
(I6) Land Use Intensity and Height Modifications: Modifications to minimum open
space on lots, floor area ratio (FAR), maximum height, and number of dwelling
units per acre requirements will be approved pursuant to the standards of this
subparagraph:
(A) (i) General Land Use Intensity Modifications with Open Space Reduction:
a. The density of a project may be increased in the BR 1
district through a reduction of the lot area requirement or in
the Downtown (DT), BR 2 or MU 3 districts through a
reduction nt he open space requirements.
(b.i) The open space requirements in all Downtown (DT) districts may
be reduced by up to one hundred percent. In the DT, BMS, BR-2,
and MU-3 Zoning Districts: The open space requirements in
Chapter 9-8, “Intensity Standards,” B.R.C. 1981, may be reduced
in all DT districts and the BR-2, BMS, and MU-3 districts subject
to the following standards:
c. The open space per lot requirements for the total amount of
open space required on the lot in the BR-2 district may be
reduced by up to fifty percent.
d. Land use intensity may be increased up to twenty-five
percent in the BR-1 district through a reduction of the lot
area requirement.
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(ii) Additional Criteria for General Land Use Intensity Modifications:
A land use intensity increase pursuant to Subparagraph (i) above
will be permitted up to the maximum amount set forth below if the
approving agency finds that the criteria in Paragraph (h)(1) through
Subparagraph (h)(2)(H) of this section and following criteria have
been met:
a. Open Space Needs Met: The needs of the project's
occupants and visitors for high quality and functional
useable open space can be met adequately;
b. Character of Project and Area: The open space reduction
does not adversely affect the character of the development
or the character of the surrounding area; and
c. Open Space and Lot Area Reductions: The specific
percentage reduction in open space or lot area requested by
the applicant is justified by any one or combination of the
following site design features not to exceed the maximum
reduction set forth above:
1. Close proximity to a public mall or park for which
the development is specially assessed or to which
the project contributes funding of capital
improvements beyond that required by the parks
and recreation component of the development
excise tax set forth in Chapter 3-8, "Development
Excise Tax," B.R.C. 1981: maximum one hundred
percent reduction in all Downtown (DT) districts
and ten percent in the BR-1 district;
2. Architectural treatment that results in reducing the
apparent bulk and mass of the structure or structures
and site planning which increases the openness of
the site: maximum five percent reduction;
3. A common park, recreation or playground area
functionally useable and accessible by the
development's occupants for active recreational
purposes and sized for the number of inhabitants of
the development, maximum five percent reduction;
or developed facilities within the project designed
to meet the active recreational needs of the
occupants: maximum five percent reduction;
4. Permanent dedication of the development to use by
a unique residential population whose needs for
conventional open space are reduced: maximum
five percent reduction;
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a. In the DT, BMS, or MU-3 zoning districts, the reduction in
open space is necessary to avoid siting of open space that is
inconsistent with the urban context of neighborhood
buildings or the character established in adopted design
guidelines or plans for the area, such as along a property
line next to zero-setback buildings or along alleys:
maximum fifty percent reduction.
b. In the BR-2 zoning district, at least one of the following
shall be met:
51. The reduction in open space is part of a
development with a mix of residential and
nonresidential uses within a BR-2 zoning district
that, due to the ratio of residential to nonresidential
uses and because of the size, type and mix of
dwelling units, the has a reduced need for open
space is reduced: maximum fifteen percent
reduction; and
62. The reduction in open space is part of a
development with a mix of residential and
nonresidential uses within a BR-2 zoning district
that provides with high quality urban design
elements. This open space that will meet the needs
of anticipated residents, occupants, tenants, and
visitors of the property or will accommodate public
gatherings, important activities or events in the life
of the community and its people, that may include,
and may include, without limitation, recreational or
cultural amenities, intimate spaces that foster social
interaction, street furniture, landscaping, gardens,
sculptures, and hard surface treatments for the open
space: maximum twenty-five percent reduction.
(iiiB) Land Use Intensity and Density Modifications with Height Bonus: In the
BMS, BR-1, IMS, IS, MU-1, and MU-2 zoning districts if associated with
a request for a height bonus, the density and floor area of a building may
be increased above the maximum allowed in Chapter 9-8, "Intensity
Standards," B.R.C. 1981, as follows, provided the building meets the
requirements for a height bonus under Subparagraph 9-2-
14(h)(6)(C)(h)(2)(K), B.R.C. 1981:
a.(i) In the BMS zoning district outside a general improvement district
providing off-street parking, and in the IMS, IS, MU-1, and MU-12
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zoning districts, the base floor area ratio (FAR) in Table 8-2,
Section 9-8-2, "Floor Area Ratio Requirements," B.R.C. 1981, may
be increased by up to 0.5 FAR.
b.(ii) In the BR-1 zoning district, the allowed number of dwelling units
per acre in Table 8-1, Section 9-8-1, "Schedule of Intensity
Standards," B.R.C. 1981, may be increased by up to fifty percent
and the maximum allowable floor area ratio (FAR) may be
increased up to a 3.0 FAR.
(J) Additional Criteria for Floor Area Ratio Increase for Buildings in the BR-
1 District:
(i) Process: For buildings in the BR-1 district, the floor area ratio
("FAR") permitted under Table 8-2, Section 9-8-2, "Floor Area
Ratio Requirements," B.R.C. 1981, may be increased by the city
manager under the criteria set forth in this subparagraph.
(ii) Maximum FAR Increase: The maximum FAR increase allowed for
buildings thirty-five feet and over in height in the BR-1 district
shall be from 2:1 to 4:1.
(iii) Criteria for the BR-1 District: The FAR may be increased in the
BR-1 district to the extent allowed in Subparagraph (h)(2)(J)(ii) of
this section if the approving agency finds that the following criteria
are met:
a. Site and building design provide open space exceeding the
required useable open space by at least ten percent: an
increase in FAR not to exceed 0.25:1.
b. Site and building design provide private outdoor space for
each office unit equal to at least ten percent of the lot area
for buildings twenty-five feet and under and at least twenty
percent of the lot area for buildings above twenty-five feet:
an increase in FAR not to exceed 0.25:1.
c. Site and building design provide a street front facade and
an alley facade at a pedestrian scale, including, without
limitation, features such as awnings and windows, well-
defined building entrances and other building details: an
increase in FAR not to exceed 0.25:1.
d. For a building containing residential and nonresidential
uses in which neither use comprises less than twenty-five
percent of the total square footage: an increase in FAR not
to exceed 1:1.
e. The unused portion of the allowed FAR of historic
buildings designated as landmarks under Chapter 9-11,
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"Historic Preservation," B.R.C. 1981, may be transferred to
other sites in the same zoning district. However, the
increase in FAR of a proposed building to which FAR is
transferred under this subparagraph may not exceed an
increase of 0.5:1.
f. For a building which provides one full level of parking
below grade, an increase in FAR not to exceed 0.5:1 may
be granted.
(KC) Additional Criteria for a Height Bonuses and Land Use Intensity
Modifications for Properties Designated within Appendix J: A building
proposed with a fourth or fifth story or addition thereto that exceeds the
permitted height requirements of Section 9-7-5, "Building Height," or 9-7-
6, "Building Height, Conditional," B.R.C. 1981, together with any
additional floor area or residential density approved under Subparagraph
(h)(6)(B)(h)(2)(I)(iii), may be approved if it meets the requirements of this
Subparagraph (h)(6)(C) (h)(2)(K). For purposes of this Subparagraph
(h)(6)(C)(h)(2)(K), bonus floor area shall mean floor area that is on a
fourth or fifth story and is partially or fully above the permitted height and
any floor area that is the result of an increase in density or floor area
described in Subparagraph (h)(6)(B) (h)(2)(I)(iii). The approving authority
may approve a height up to fifty-five feet if the building is in an area
designated in Appendix J, "Areas Where Height Modifications May Be
Considered," and one of the following criteria is met:
(i) Residential Developments: If the development is residential, it will
exceed the requirements of Subparagraph 9-13-3(a)(1)(A), B.R.C.
1981, as follows:
a. For bonus units, the inclusionary housing requirement shall
be increased as follows: Instead of twenty-five percent, at
least thirty-six percent of the total number of bonus units
shall be permanently affordable units. If the building is a
for-sale development, at least fifty percent of all the
permanently affordable units required for the building shall
be built in the building; this fifty percent on-site
requirement may not be satisfied through an alternative
means of compliance. A minimum of one bonus unit shall
be assumed to be provided in the building if any bonus
floor area is in the building.
b. For purposes of this Subparagraph (i), bonus units shall
mean a number of units that is determined as follows: A
percentage of all the units in the building that equals in
number the percentage of bonus floor area in the building.
For example, if twenty percent of the building's floor area
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is bonus floor area and the building has one hundred units,
twenty percent of those one hundred units are bonus units,
resulting in twenty bonus units.
c. The city manager shall review the development's
compliance with this increased inclusionary housing
requirement pursuant to the standards and review
procedures of Chapter 9-13, "Inclusionary Housing,"
B.R.C. 1981.
(ii) Non-Residential Developments. : For non-residential
developments, the applicant shall pay the affordable housing
portion of the capital facility impact fee in Section 4-20-62, B.R.C.
1981, at a rate of 1.43 above the base requirement for the bonus
floor area. In a building with several types of non-residential uses,
the bonus floor area of each type identified under Section 4-20-62,
B.R.C. 1981, shall be a percentage of the bonus floor area that
equals in number the percentage of the total floor area in the
building of such use type. For nonresidential uses with a fee that is
calculated per room or bed under Section 4-20-62, B.R.C. 1981,
the increased rate for the affordable housing portion of the fee shall
apply to bonus rooms or bonus beds as applicable under that
section; the number of bonus rooms or bonus beds shall be
determined consistent with the methodology for bonus units in
Subparagraph (i)b. above.
(iii) Mixed Use. : If the development is a residential mixed-use
development, the requirements of Subsections (i) and (ii) above
shall apply to the bonus floor area according to the percentage of
the total building floor area of each use.
(iv) Alternative Community Benefit. : Pursuant to the standard in this
Subparagraph (iv), the approving authority may approve an
alternative method of compliance to provide additional benefits to
the community and qualify for a height bonus together with any
additional floor area or density that may be approved under
Subparagraph (h)(6)(B)(2)(I). The approving authority will
approve the alternative method of compliance if the applicant
proposes the alternative method of compliance and demonstrates
that the proposed method:
a. wWill improve the facilities or services delivered by the
city, including without limitation any police, fire, library,
human services, parks and recreation, or other municipal
facilityoffice, or land or service, or will provide an arts,
cultural, human services, housing, environmental or other
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benefit that is a community benefit objective in the BVCP,
and
b. iIs of a value that is equivalent to or greater than the
benefits required by this Subparagraph (h)(26)(CK).
(L7) Additional Criteria for Parking Reductions: The off-street parking requirements of
Section 9-9-6, "Parking Standards," B.R.C. 1981, may be modified as follows:
(iA) Process: The city manager may grant a parking reduction not to exceed
fifty percent of the required parking. The planning board or city council
may grant a reduction exceeding fifty percent.
(iiB) Criteria: Upon submission of documentation by the applicant of how the
project meets the following criteria, the approving agency may approve
proposed modifications to the parking requirements of Section 9-9-6,
"Parking Standards," B.R.C. 1981 (see Tables 9-1, 9-2, 9-3 and 9-4), if it
finds that:
a.(i) For residential uses, the probable number of motor vehicles to be
owned by occupants of and visitors to dwellings in the project will
be adequately accommodated;
b.(ii) The parking needs of any nonresidential uses will be adequately
accommodated through on-street parking or off-street parking;
c.(iii) A mix of residential with either office or retail uses is proposed,
and the parking needs of all uses will be accommodated through
shared parking;
d.(iv) If joint use of common parking areas is proposed, varying time
periods of use will accommodate proposed parking needs; and
e.(v) If the number of off-street parking spaces is reduced because of the
nature of the occupancy, the applicant provides assurances that the
nature of the occupancy will not change.
(M8) Additional Criteria for Off-Site Parking: The parking required under Section 9-9-
6, "Parking Standards," B.R.C. 1981, may be located on a separate lot if the
following conditions are met:
(iA) The lots are held in common ownership;
(iiB) The separate lot is in the same zoning district and located within three
hundred feet of the lot that it serves; and
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(iiiC) The property used for off-site parking under this subparagraph continues
under common ownership or control.
…
(l) Minor Amendments to Approved Site Plans:
(1) Standards: Changes to approved building location or additions to existing
buildings, which exceed the limits of a minor modification, may be considered
through the minor amendment process if the following standards are met:
…
(2) Amendments to the Site Review Approval Process: Applications for minor
amendment shall be approved according to the procedures prescribed by this
section for site review approval, except:
(A) If an applicant requests approval of a minor amendment to an approved
site review, the city manager will determine which properties within the
development would be affected by the proposed change. The manager will
provide notice pursuant to Subsection 9-4-3(b), B.R.C. 1981, of the
proposed change to all property owners so determined to be affected, and
to all property owners within a radius of 600 feet of the subject property.
(B) Only the owners of the subject property shall be required to sign the
application.
(C) The minor amendment shall be found to comply with the review criteria of
Subparagraphs (h)(2)(A), (h)(32)(C), and (h)(42)(F) of this section.
(D) The minor amendment is found toshall be substantially consistent with the
intent of the original approval, including conditions of approval, the
intended design character, and site arrangement of the development, and
specific limitations on additions or total size of the building which were
required to keep the building in general proportion to others in the
surrounding area or minimize visual impacts.
(E) The city manager may amend, waive, or create a development agreement.
…
Section 3. Section 9-7-1, “Schedule of Form and Bulk Standards,” B.R.C. 1981, is
amended to read as follows:
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9-7-1. Schedule of Form and Bulk Standards.
The purpose of this chapter is to indicate the requirements for lot dimensions and building form,
bulk, location and height for all types of development. All primary and accessory structures are
subject to the dimensional standards set forth in Table 7-1 of this section with the exception of
structures located in an area designated in Appendix L, "Form-Based Code Areas," subject to the
standards of Appendix M, "Form-Based Code." No person shall use any land within the City
authorized by Chapter 9-6, "Use Standards," B.R.C. 1981, except according to the following
form and bulk requirements unless modified through a use review under Section 9-2-15, "Use
Review," B.R.C. 1981, or a site review under Section 9-2-14, "Site Review," B.R.C. 1981, or
granted a variance under Section 9-2-3, "Variances and Interpretations," B.R.C. 1981, or as
approved under the provisions of Section 9-2-16, "Form-based code review," B.R.C. 1981.
TABLE 7-1: FORM AND BULK STANDARDS
Zonin
g
Distri
ct
A
R
R
‐
1
R
R
‐
2
R
E
R
H
‐
2
R
H
‐
5
P
RL‐
1
RM
‐2
RM
X‐1
B
T
‐
2
B
T
‐
1
B
C
B
R
I
S
‐
1
I
S
‐
2
I
G
I
M
RL‐
2
RM
‐1
RH
‐4
MU‐
1
RM
‐3
RH
‐1
RH
‐6
RMX
‐2
RH‐
3
RH‐
7
B
C
S
M
U
‐3
BMS
MU‐
4
DT‐
1
DT‐
2
DT‐
3
DT‐
5
D
T‐
4
MU‐
2
IMS
MH
Form
mod
ule
a b c d e f g h i j k l m n o p q r s
SETBACK AND SEPARATION REQUIREMENTS(n)
Principal Buildings and Uses(n)
Mini
mum
front
yard
lands
cape
d
setba
ck
25' (k) 20' 15' 10' 0' (k) See
sec
tio
n
9‐
7‐
13
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(e),
(h)
Mini
mum
front
yard
setba
ck for
all
cover
ed
and
unco
vered
parki
ng
areas
25' (k) 20' 20' 20' 1
0'
20' (k) See
sec
tio
n
9‐
7‐
13
Maxi
mum
front
yard
lands
cape
d
setba
ck for
corne
r lots
and
side
yards
adjac
ent a
stree
t
n/a n/a n/a 10' n
/
a
n/
a
10' 15'
(k)
n
/
a
10' n/a
Maxi
mum
front
yard
lands
cape
d
setba
ck for
an
interi
or lot
n/a n/a n/a 15' n
/
a
n/
a
15' 15' n
/
a
15' n/a
Mini
mum
side
yard
lands
cape
d
25' 12.5' (k) 15' 10' 1'
per
2'
of
bld
g.
hei
0' or
5'
(b)
1'
per
2'
of
bld
g.
hei
0'
(atta
ched
DUs)
; 1'
per
2' of
1'
per
2' of
bldg
.
heig
ht,
1
0'
0' for first
and
second
stories
12' for
third
0'
(k)
0' 0' n/a
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19
20
21
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23
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25
setba
ck
from
a
stree
t (a)
ght
,
10'
mi
n.
(i)
ght
,
10'
mi
n.
(i)
bldg.
heig
ht, 5'
min.
(det
ache
d
DUs)
(i)
10'
min.
(i)
story and
above
Mini
mum
side
yard
setba
ck
from
an
interi
or lot
line
1
5
'
10' 5' 1
0
'
0
'
o
r
1
2
'
1' per 2'
of bldg.
height, 5'
min. (i)
0' or
5'
(b)
0'
or
3'
0'
(atta
ched
DUs)
; 1'
per
2' of
bldg.
heig
ht, 5'
min.
(det
ache
d
DUs)
(i)
1'
per
3' of
bldg
.
heig
ht,
5'
min.
(i)
0'
o
r
1
2'
0'
or
5'
0' or
5'
0'
or
12'
0'
o
r
1
2'
0' or
5'
See
sec
tio
n
9‐
7‐
13
Mini
mum
total
for
both
side
yard
setba
cks
4
0
'
2
5
'
2
0'
15' 2
0
'
n/a n/a n/a n/a n/a
Mini
mum
rear
yard
setba
ck (f)
25' 2
5
'
20' 10' 15' 20' 15' 2
0'
1
5'
0' 15' 1
5'
10' See
sec
tio
n
9‐
7‐
13
Mini
mum
side
yard
bulk
plane
See Section 9‐7‐9 n/a
Mini
mum
front
yard
setba
n/a n/a n/a n/a 20' 15'
(m)
1
5'
20' 20'
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8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ck
from
a
stree
t for
all
princi
pal
buildi
ngs
and
uses
for
third
story
and
abov
e
Accessory Buildings and Uses(n)
Mini
mum
front
yard
setba
ck
uses
(e)
55' 55' Behi
nd
rear
wall
of
prin
cipal
stru
ctur
e
55' Behi
nd
rear
wall
of
princ
ipal
struc
ture
Behi
nd
rear
wall
of
prin
cipal
stru
ctur
e
5
5'
5
5'
Behi
nd
rear
wall
of
prin
cipal
stru
ctur
e
55' 5
5'
Behi
nd
rear
wall
of
prin
cipal
stru
ctur
e
See
Sec
tio
n
9‐
7‐
13
Mini
mum
side
yard
lands
cape
d
setba
ck
from
a
stree
t (a)
25' 12.5' (k) 15' 10' 1'
per
2'
of
bld
g.
hei
ght
,
10'
mi
n.
(i)
0' or
5'(b)
1'
per
2'
of
bld
g.
hei
ght
,
10'
mi
n.
(i)
0'
(atta
ched
DUs)
; 1'
per
2' of
bldg.
heig
ht, 5'
min.
(det
ache
d
DUs)
(i)
1'
per
2' of
bldg
.
heig
ht,
10'
min.
(i)
1
0'
0' 0'
(k)
0' 0' n/a
Mini
mum
side
yard
setba
ck
from
an
interi
1
5
'
1
0
'
0' or 3'
(b)
0' or 3' (b) 0' or 3' (b) 0' or 3'
(b)
0' or 3' (b) See
Sec
tio
n
9‐
7‐
13
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9
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24
25
or lot
line
Mini
mum
rear
yard
setba
ck (f)
0' or 3' (b) 0' or 3' (b) 0' or 3' (b) 0' or 3'
(b)
0' or 3' (b) See
Sec
tio
n
9‐
7‐
13
Mini
mum
separ
ation
betw
een
acces
sory
buildi
ngs
and
any
other
buildi
ng
6' 6' 6' 6' 6' 6'
BUILDING SIZE AND COVERAGE LIMITATION (Accessory and Principal Buildings)(n)
Maxi
mum
floor
area
of
any
princi
pal
buildi
ng
perm
itted
by
Chap
ter 9‐
8
See Section 9‐8‐2
(FAR Requirements)
15,0
00
sq.
ft.
See Section 9‐8‐2
(FAR Requirements)
15,0
00
sq.
ft.
See
Section
9‐8‐2
(FAR
Require
ments)
15,0
00
sq.
ft.
n/a
Maxi
mum
acces
sory
buildi
ng
cover
age
withi
n
princi
500
sq. ft.
n
/
a
500
sq.
ft.
n/a 500
sq.
ft.
n/a n/a n/a n/a n/a
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9
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16
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20
21
22
23
24
25
pal
buildi
ng
rear
yard
setba
ck (9‐
7‐8)
Maxi
mum
cumu
lative
cover
age
of all
acces
sory
buildi
ngs
regar
dless
of
locati
on
(m)
For residential uses ‐ no greater than coverage of the principal building
Maxi
mum
total
buildi
ng
cover
age
See
Sectio
n 9‐7‐
11
n
/
a
See
Sec
tio
n
9‐
7‐
11
n/a See
Section
9‐7‐11
n/a
PRINCIPAL AND ACCESSORY BUILDING HEIGHT(n)
Maxi
mum
heigh
t for
princi
pal
buildi
ngs
and
uses
(c),
(d),
(g) ,
and
(l)
35' 35';
40' (in
I‐
zones
)
35' 35' 40' 3
5'
38' 38' 35' 35'
Condi
tional
heigh
t for
See Section 9‐7‐6 for conditional height standards
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20
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23
24
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princi
pal
buildi
ngs
and
uses
Maxi
mum
num
ber
of
storie
s for
a
buildi
ng
3 3 n/a n/a 2 3 3 2 3 2 (3
on
DT‐
5
cor
ner
lots
)
2 3
Maxi
mum
wall
heigh
t for
detac
hed
dwell
ing
units
at
zero
lot
line
setba
ck (9‐
7‐
2(b)(
3))
12' 12' 12' 12' 12' n/a
Maxi
mum
heigh
t for
all
acces
sory
buildi
ngs,
struct
ures
and
uses
(g)
20'
(30' in
agricultural zone)
20'
(25' in industrial
zones)
20' 20' 20' 20'
FENCES, HEDGES and WALLS (for additional standards see Section 9‐9‐15)
Maxi
mum
7' 7' 7' 7' 7' 7'
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9
10
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15
16
17
18
19
20
21
22
23
24
25
heigh
t of
fence
s,
hedg
es, or
walls
Mini
mum
heigh
t of
fence
on
top
of
retai
ning
wall
42" 42" 42" 42" 42" 42"
Maxi
mum
comb
ined
heigh
t of
fence
/
retai
ning
wall
in
side
yard
withi
n 3'
of lot
line
with
neigh
bor
appr
oval
12' 12' 12' 12' 12' 12'
BUILDING DESIGN REQUIREMENTS(n)
Mini
mum
grou
nd
floor
wind
ow
area
facin
g a
publi
c
n/a n/a n/a n/a 6
0
%
60% n/a n/a
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7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
stree
t (9‐
9‐3)
Prim
ary
buildi
ng
entra
nce
locati
on
facin
g
stree
t
n/a n/a yes yes yes yes n
/
a
y
es
yes yes n/a
Mini
mum
perce
nt of
lot
front
age
that
must
conta
in a
buildi
ng or
buildi
ngs
n/a n/a n/a n/a 7
0
%
70% 50% n/a
Maxi
mum
% of
3rd
story
floor
area
that
can
be in
a 4th
story
n/a n/a n/a 70%
(j)
n
/
a
n/
a
n/a n/a n/a
Wall
lengt
h
articu
lation
stand
ards
for
side
walls
over
14' in
See
Sectio
n 9‐7‐
10
n
/
a
See
Sec
tio
n
9‐
7‐
10
n/a See
Sec
tio
n
9‐
7‐
10
n/a
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8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
heigh
t
withi
n 20'
of
side
prop
erty
line
Footnotes to Table 7-1, Form and Bulk Standards:
In addition to the foregoing, the following miscellaneous form and bulk requirements apply to all development in the city:
(a) On corner lots, use principal building front yard setback where adjacent lot fronts upon the street.
(b) For zero lot line development, see Subsection 9-7-2(b), B.R.C. 1981.
(c) The permitted height limit may be modified only in certain areas and only under the standards and procedures provided in Sections 9-2-
14, "Site Review," and 9-7-6, "Building Height, Conditional," B.R.C. 1981.
(d) For buildings over 25 feet in height, see Subsection 9-9-11(c), B.R.C. 1981.
(e) For other setback standards regarding garages, open parking areas, and flagpoles, see Paragraph 9-7-2(b)(8), B.R.C. 1981.
(f) Where a rear yard backs on a street, see Paragraph 9-7-2(b)(7), B.R.C. 1981.
(g) Not including light poles at government owned facilities. For additional height standards regarding light poles at government facilities, see
Section 9-2-14, “Site Review,” B.R.C. 1981.This maximum height limit applies to poles that are light poles at government-owned
recreation facilities but not to other poles. Other poles have a maximum height of 55 feet in all zones. For additional criteria regarding
poles, see Section 9-2-14, "Site Review," B.R.C. 1981.
(h) For front yard setback reductions, see Subsection 9-7-2(a), B.R.C. 1981.
(i) For side yard setback requirements based on building height, see Appendix B, "Setback Relative to Building Height," of this title.
(j) The maximum percentage of the third floor area that can be in a fourth story standard may not be modified as part of a site review.
(k) For properties located in the DT-5 and P zoning districts and shown in Appendix I, the minimum setback shall be as required by Section
9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, Table 7-1, Form and Bulk Standards or sixty-five feet measured from the
centerline of Canyon Boulevard right-of-way.
(l) For buildings on nonstandard lots within the RMX-1, RL-1, RE, RR-1, and RR-2 zoning districts, refer to Table 10-1, Maximum Height
Formulas, within Section 9-10-3, "Changes to Nonstandard Buildings, Structures and Lots and Nonconforming Uses."
(m) For setback requirements on corner lots in the DT-5 zoning district, refer to Subsection 9-7-6(c), B.R.C 1981.
(n) For principal and accessory buildings or structures located on a lot or parcel designated in Appendix L, "Form-Based Code Areas," and
subject to the standards of Appendix M, "Form-Based Code," refer to Appendix M, "Form-Based Code," for design standards applicable
to such lot or parcel. With the exception of Charter Section 84, "Height limit," and Sections 9-7-3, "Setback Encroachments," and 9-7-5,
"Building Heights," 9-7-7, "Building Height, Appurtenances," B.R.C. 1981, the form and bulk standards of this chapter are superseded by
the requirements of Appendix M, "Form-Based Code." Building heights in areas designated in Appendix L are not subject to the height
limits of Table 9-7, Form and Bulk Standards.
Section 4. Section 9-7-7, “Building Height, Appurtenances,” B.R.C. 1981, is amended to
read as follows:
9-7-7. Building Height, Appurtenances.
(a) Appurtenances: Appurtenances may be added under the following circumstances:
(1) The addition of an appurtenance to a building is permitted if it does not cause the
building height to exceed the height allowed in this in Ssections 9-7-5, “Building
Height,” and 9-7-6, “Building Height, Conditional,” B.R.C. 1981, considering, for
this purpose only, the uppermost point of the appurtenance to be the uppermost
point of the roof.
…
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(3) No appurtenance may have useable floor area except for mechanical equipment
installations; have more than twenty-five percent coverage of the roof area of the
building; or be more than sixteen feet in height. Mechanical equipment,
considered cumulatively, may not cover more than twenty-five percent of the roof
area of the building. For the purposes of this paragraph, coverage means the total
area enclosed by the screening and roof area means the outside top covering of a
building which is parallel to the ground.
…
Section 5. Section 9-8-1, “Schedule of Intensity Standards,” B.R.C. 1981, is amended to
read as follows:
9-8-1. Schedule of Intensity Standards.
The purpose of this chapter is to indicate the requirements for the allowed intensity of all types
of development, including maximum density for residential developments based on allowed
number of units and occupancy. All primary and accessory structures are subject to the standards
set forth in Table 8-1 of this section except that developments within an area designated in
Appendix L, "Form-Based Code Areas," and subject to the standards or Appendix M, "Form-
Based Code," are exempt from Table 8-1 and Sections 9-8-1 through 9-8-4, B.R.C. 1981.
Developments within an area designated in Appendix L, "Form-Based Code Areas," and subject
to the standards or Appendix M, "Form-Based Code ," are subject to the standards of Sections 9-
8-5, "Occupancy of Dwelling Units," 9-8-6, "Occupancy Equivalencies for Group Residences,"
and 9-8-7, "Density and Occupancy of Efficiency Living Units," B.R.C. 1981. No person shall
use any land within the city authorized by Chapter 9-6, "Use Standards," B.R.C. 1981, except
according to the following requirements unless modified through a use review under Section 9-2-
15, "Use Review," B.R.C. 1981, or a site review under Section 9-2-14, "Site Review," B.R.C.
1981, or granted a variance under Section 9-2-3, "Variances and Interpretations," B.R.C. 1981,
or approved through a form-based code review under Section 9-2-16, "Form-Based Code
Review," B.R.C. 1981.
TABLE 8-1: INTENSITY STANDARDS
Zoni
ng
Distri
ct
Intens
ity
Modul
e
Minim
um Lot
Area
(in
square
feet
unless
otherw
ise
noted)
Minim
um Lot
Area
Per
Dwelli
ng Unit
(square
feet)(c)
Numb
er of
Dwelli
ng
Units
Per
Acre(c)
Minimu
m Open
Space
Per
Dwelling
Unit
(square
feet)(c)
Minimu
m Open
Space on
Lots
(Residen
tial
Uses)(c)
Minimum
Open
Space on
Lots
(Nonreside
ntial
Uses)(a), (c)
Minimu
m
Private
Open
Space
(Residen
tial
Uses)
(square
feet)(c)
Maxim
um
Floor
Area
Ratio(c)
Mixed-use developments require the greater
amount of the residential or nonresidential
standard for open space. See Section 9-9-11 for
additional open space requirements.
A 1 5 acres 5 acres 0.2 - - 10-20% - -
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9
10
11
12
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15
16
17
18
19
20
21
22
23
24
25
RR-1,
RR-2
2 30,000 30,000 1.4 - - 10-20% - See
Table 8-
3
RE 3 15,000 15,000 2.9 - - 10-20% - See
Table 8-
3
RL-1 4 7,000 7,000 6.2 - - 10-20% - See
Table 8-
3
P 5 7,000 7,000 6.2 - - 10-20% - -
RL-2 6 - - - 6,000 - 10-20% - See
Table 8-
3
RMX
-1
7 6,000 6,000 7.3 600 - 10-20% - See
Table 8-
3
RMX
-2
8 - - 10 (up
to 20
by site
review
)
- 15% 15% 60 -
RM-1 9 - - 3,000 - 10-20% - -
IS-2 10 - - - 600 - 10-20% 60 0.5:1
IS-1 11 7,000 - - - - 10-20% 60 0.5:1
RH-1 12 - - - 1,600 - 10-20% - -
RH-2 12.5 6,000 3,000
(down
to
1,600
by Site
review)
14 (up
to 27.2
by site
review
)
600 - 10-20% - -
RM-
2,
RM-3
13 6,000 3,500 12.4 - - 10-20% - -
RH-3,
RH-7
14 - - - - 60%(b) 60%(b) 60 -
RH-4,
BT-1,
BC-1
15 - - - 1,200 - 10-20% - -
BR-2 16 - - - - 40%(d) 10-20%(d) 60 -
BMS 17 - - - - 15%(d) 15%(d) 60 0.67
(1.85 if
within
CAGID
or
UHGID
)(d)
RH-6 17.5 - 1,800 - 600 - - - -
MU-
1,
MU-
2,
IMS
18 - - - - 15%(d) 15%(d) 60 0.6:1(d)
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9
10
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20
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22
23
24
25
RH-5,
BC-2
19 6,000 1,600(d) 27.2 600 (400
by site
review if
in a
mixed use
developm
ent)
- 10-20% - -
IM 20 7,000 1,600 27.2 600 - 10-20% 60 0.4:1
BT-2 21 6,000 1,600 27.2 600 - 10-20% - 0.5:1
IG 22 7,000 1,600 27.2 600 - 10-20% 60 0.5:1
BR-1 23 6,000 1,600 27.2(d) - - 10-20% - 2.0:1(d)
MU-3 24 - - - - 15%(d) 15%(d) 60 1.0:1
MU-4 24.5 - - - - 15% 15% 60 2.0
DT-1 25 - - - - - 10-20%(d) 60 1.0:1
DT-2 26 - - - - - 10-20%(d) 60 1.5:1
DT-3,
DT-4,
DT-5
27 - - - - - 10-20%(d) 60 1.7:1
BCS 28 - - - - - 10-20% - -
Footnotes:
(a) This requirement may increase based on building height pursuant to Subsection 9-9-11(c), B.R.C. 1981.
(b) Open space may be reduced using the standards in Sections 9-8-3, "Density in the RH-1, RH-2, RH-3 and RH-7 Districts," and 9-9-11,
"Useable Open Space," B.R.C. 1981.
(c) For properties within an area designated in Appendix L, "Form-Based Code Areas," and subject to the standards of Appendix M,
"Form-Based Code," the footnoted requirement is not applicable. Refer to Appendix M, "Form-Based Code," for specific form, bulk,
intensity, and outdoor space requirements.
(d) This requirement may be modified pursuant to Section 9-2-14(h)(6)(C), B.R.C. 1981, for specified zoning districts.
(-) No standard.
Section 6. Section 9-8-2, “Floor Area Ratio Requirements,” B.R.C. 1981, is amended to
read as follows:
9-8-2. Floor Area Ratio Requirements.
…
TABLE 8-2: FLOOR AREA RATIO ADDITIONS
DT-
1
DT-
2
DT-
3
DT-
4
DT-
5
MU
-1
MU
-2
MU
-3
BT-
2
BM
S
IS-
½1,
IS-
2
IG IM IM
S
BR
-
1(c)
Base
FAR
1.0 1.5 1.7 1.7 1.7 0.6 0.6 1.0 0.5 0.6
7(a)
0.5 0.5 0.4 0.6 -
Maxim
um
total
FAR
additio
ns
(FAR)(d
)
1.0 0.5 1.0 0.5 1.0 0.0
7
- - - 0.3
3
- - - - -
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FAR additional components:
1)
Reside
ntial
floor
area
(FAR)
0.5 0.5 0.5 0.5 1.0
(b)
- - - - - - Not
cou
nted
Not
cou
nted
- -
2)
Reside
ntial
floor
area if
at least
35% of
units
are
perman
ently
afforda
ble and
at least
50% of
total
floor
area is
resident
ial
(FAR)
- - - - - 0.0
7
- - - - - - - - -
3)
Reside
ntial
floor
area for
a
project
NOT
located
in a
general
improv
ement
district
that
provide
s off-
street
parking
- - - - - - - - - 0.3
3
- - - - -
4)
Floor
area
used as
off-
street
parking
and
0.5 0.5 0.5 0 0.5 Not
cou
nted
Not
cou
nted
Not
cou
nted
- Not
cou
nted
Not
cou
nted
Not
cou
nted
Not
cou
nted
Not
cou
nted
-
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7
8
9
10
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20
21
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23
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25
circulat
ion that
is
above
grade
and
provide
d
entirely
within
the
structur
e
5)
Below
grade
area
used
for
occupa
ncy
Not
cou
nted
Not
cou
nted
Not
cou
nted
Not
cou
nted
Not
cou
nted
- - - Not
cou
nted
Not
cou
nted
- - - - -
6)
Nonresi
dential
floor
area
(FAR)
(see
Paragra
ph 9-8-
2(e)(3)
and
Section
4-20-
62,
Table
4)
- - - - 1.0(
b)
- - - - - - - - - -
Maxim
um
allowab
le FAR
(sum of
base
plus all
availabl
e
additio
ns)
2.0
+
row
5
2.0
+
row
5
2.7
+
row
5
2.2
+
row
5
2.7
+
row
5
0.6
7 +
row
4
abo
ve
0.6
+
row
4
abo
ve
1.0
+
row
4
abo
ve
0.5
+
row
5
abo
ve
1.0
+
row
s 4
and
5
abo
ve
0.5
+
row
4
abo
ve
0.5
+
row
s 1
and
4
abo
ve
0.4
+
row
s 1
and
4
abo
ve
0.6
+
row
4
abo
ve
43.
0(c)
Footnotes:
(a) FAR up to 1.85:1 if property is located in a general improvement district providing off-street parking.
(b) The maximum additional FAR component is 1.0. FAR additional components may be combined, but shall not exceed the 1.0
maximum total floor are ratio limit.
(c) See Subparagraph 9-2-14(h) (2)(J6)(C), B.R.C. 1981.
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(d) For properties located in an area designated in Appendix L, "Form-Based Code Areas," and subject to the standards of Appendix M,
"Form-Based Code," the floor area and floor area ratio (FAR) requirements do not apply. Refer to Appendix M, "Form-Based Code," for
specific form, bulk, intensity, and outdoor space requirements.
(-) Not applicable.
Section 7. Section 9-16-1, “General Definitions,” B.R.C. 1981, is amended to read 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:
…
BVCP means Boulder Valley Comprehensive Plan.
…
Expression line means a slight change in the layup of a building material through an offset,
indentation, or protrusion of a building material by at least two inches to create detail, shadow
lines, and variation.
…
Public realm means public streets (not including alleys), greenways, sidewalks, paths, plazas,
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courtyards, urban outdoor public spaces and open space on a development site designed to
function like a plaza, courtyard or other urban outdoor public space for the use of residents,
occupants, tenants, or visitors.
…
Section 6. This ordinance repeals Appendix J to Title 9, “Areas Where Height
Modifications May be Considered,” and reserves Appendix J to read: APPENDIX J: Reserved.
Section 7. For the limited purpose of adopting this ordinance, city council suspends the
provisions of Subsection 9-1-5(a), “Amendments and Effect of Pending Amendments,” B.R.C.
1981.
Section 8. 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 9. 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.
Section 10. This ordinance shall become effective on July 1, 2023. It shall be applied to
site review applications submitted on or after the effective date. Complete site review
applications submitted before the effective date shall be considered under the standards in effect
at the time of application.
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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 19th day of January 2023.
___________________________________
Aaron Brockett,
Mayor
Attest:
_____________________________
Elesha Johnson,
City Clerk
READ ON SECOND READING, AMENDED AND PASSED this 2nd day of February
2023.
___________________________________
Aaron Brockett,
Mayor
Attest:
_____________________________
Elesha Johnson,
City Clerk
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READ ON THIRD READING, PASSED AND ADOPTED this 16th day of February 2023.
___________________________________
Aaron Brockett,
Mayor
Attest:
_____________________________
Elesha Johnson,
City Clerk