8556 - AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981, TO UPDATE THE USE TABLE AND USE STANDARDS RELATED TO INDUSTRIAL USES AND DISTRICTS AND SETTING FORTH RELATED DETAILS. Intro, 12/1/22, 2nd Reading 12/15/22, Cont. 2nd Reading 2/2/23, 3rd Reading and A
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ORDINANCE 8556
AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,”
B.R.C. 1981, TO UPDATE THE USE TABLE AND USE
STANDARDS RELATED TO INDUSTRIAL USES AND
DISTRICTS AND SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 2-3-12, “Board of Zoning Adjustment and Building Appeals,” B.R.C.
1981, is amended to read as follows:
2-3-12. - Board of Zoning Adjustment and Building Appeals.
(a) The City of Boulder Board of Zoning Adjustment and Building Appeals consists of five
members appointed by the city council for five -year terms.
(b) The board's functions are to:
…
(2) Hear and decide to grant or deny applications for variances from the setback
requirements of Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C.
1981, and the size requirements for accessory dwelling units of Subparagraph 9-6-
3(an) B.R.C. 1981;
…
Section 2. Section 4-18-2, “Public Property Use Permits,” B.R.C. 1981, is amended to
read as follows:
4-18-2. - Public Property Use Permits.
(a) No person shall place for sale or for solicitation of orders any merchandise or other
things upon any street, alley, sidewalk or other public property or suspended fr om any
building or structure over the street, sidewalk or public property without first obtaining
a permit from the city manager under this section.
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(b) Nothing in this section shall be deemed to waive or supersede the requirement to obtain
any other license or permit required by this code, including without limitation a license or
permit to sell or display goods or merchandise on the Downtown Boulder Mall or
University Hill, as required by chapter 4-11, "Mall Permits and Leases," section 4-18-4,
"University Hill Mobile Vending Cart Permit," or for mobile food vehicle sales pursuant
to section 9-6-5(d) "Mobile Food Vehicle Sales," B.R.C. 1981.
…
Section 3. Section 4-20-43, “Development Application Fees,” B.R.C. 1981, is amended
to read as follows:
4-20-43. - Development Application Fees.
…
(b) Land use regulation fees:
…
(21) An applicant for a conditional use in a BC zoning district pursuant to Section 9-6-
102(c)(1), “Specific Use Standards for Uses in the BC Zoning DistrictsSpecific
Use Standards for Business Community Areas Designated in Appendix N,”
B.R.C. 1981 ….. $274
…
Section 4. Section 4-33-6, “Locations of Hemp Businesses,” B.R.C. 1981, is amended to
read as follows:
4-33-6. - Locations of Hemp Businesses.
(a) Fixed Location Required. It shall be unlawful to operate a hemp business or to grow
hemp outside of a locked enclosed space within a building. All hemp business licenses
shall be issued for a specific fixed location within an enclosed building. The portion of
such premises upon which the floor plan shows hemp may be cultivated or produced
shall be considered the "restricted area" portion of the business premises.
(b) Location—Permitted Use in Zoning District. A hemp business license may be issued only
if the business qualifies as a use permitted as a matter of right in the zone district where it
is proposed to be located, as follows:
(1) As "greenhouse/ and plant nursery" for a hemp cultivation facility; or
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(2) As "light manufacturing” ≤ less than 15,000 square feet" in size for a hemp
cultivation facility or for a hemp-infused product manufacturer.
…
Section 5. Section 6-14-7, “Locations of Medical Marijuana Businesses,” B.R.C. 1981,
is amended to read as follows:
6-14-7. - Locations of Medical Marijuana Businesses.
(a) Fixed Location Required. It shall be unlawful to operate a medical marijuana business
or to grow medical marijuana outside of an enclosed building. All medical marijuana
business licenses shall be is sued for a specific fixed location within an enclosed
building. The portion of such premises upon which the floor plan shows medical
marijuana may be produced, dispensed, or possessed shall be considered the "restricted
area" portion of the business premis es.
(b) Location - Permitted Use in Zoning District. A medical marijuana business license may
be issued only if the business qualifies as a use permitted as a matter of right in the zone
district where it is proposed to be located as follows:
(1) As "personal servicesservice use" for a medical marijuana center;
(2) As "greenhouse and plant nursery" for a cultivation facility; or
(3) As "light manufacturing” ≤ less than 15,000 square feet" in size for a cultivation
facility, for a medical marijuana-infused product manufacturer, or for a marijuana
testing facility.
…
Section 6. Section 6-16-7, “Locations of Recreational Marijuana Businesses,” B.R.C.
1981, is amended to read as follows:
6-16-7. - Locations of Recreational Marijuana Businesses.
(a) Fixed Location Required. It shall be unlawful to operate a recreational marijuana
business or to grow recreational marijuana outside of a locked enclosed space within a
building. All recreational marijuana business licenses shall be i ssued for a specific fixed
location within an enclosed building. The portion of such premises upon which the
floor plan shows recreational marijuana may be produced, dispensed, or possessed shall
be considered the "restricted area" portion of the business premises.
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(b) Location - Permitted Use in Zoning District. A recreational marijuana business license
may be issued only if the business qualifies as a use permitted as a matter of right in the
zone district where it is proposed to be located, as follows:
(1) as "personal service use" for a recreational marijuana center;
(2) as "greenhouse/ and plant nursery" for a recreational marijuana cultivation
facility; or
(3) as "light manufacturing” ≤ less than 15,000 square feet in size" for a recreational
marijuana cultivation facility, for a marijuana-infused product manufacturer, or
for a marijuana testing facility.
…
Section 7. Section 8-6-6, “Requirements for Revocable Permits, Short-Term Leases and
Long-Term Leases,” B.R.C. 1981, is amended to read as follows:
8-6-6. - Requirements for Revocable Permits, Short-Term Leases and Long-Term Leases.
(a) Purpose and Scope: Public rights -of-way and public easements are held by the city in
trust for public use to ensure the health , safety and welfare of the residents of the city.
The city council intends that all decisions regarding the granting of permission to place
an encroachment into public right -of-way or public easements are legislative in nature.
The city may determine from time to time at its discretion to issue a revocable permit,
short-term lease or long -term lease subject to the requirements set forth in this section
for certain encroachments into public rights -of-way and public easements that do not
adversely affect its present or future use.
(b) Permit Required and Application Requirements: No person shall place, maintain or
continue to use or maintain any encroachment in the public right-of-way or in a public
easement unless such person has a revocable permit, short term lease or long term lease
granted under this section; a small cell facilities in the public right-of-way permit under
Section 8-6-6.5, "Small Cell Facilities in the Public Right-of-Way Permits," B.R.C. 1981;
a revocable permit granted pursuant to City Charter Section 115; a current franchise
agreement with the city; or a right to be in the public right-of-way pursuant to state law.
An applicant for permission to encroach on public right-of-way or easement shall:
…
(4) If the encroachment is a wireless communications facility, demonstrate that the
wireless communications facility has city manager approval for the proposed
location pursuant to the provisions of Subsection 9-6-104(af), "Wireless
Communications FacilitiesFacility," B.R.C. 1981, and meets the standards of
Paragraph 9-6-10(a)(1), B.R.C. 1981.
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(d) Revocable Permit: The city manager may issue a revocable permit for a period not to
exceed three years, upon finding that:
(1) The encroachment is designed in a manner to be temporary in nature or the
encroachment is a wireless communications facility approved pursuant to the
provisions of Subsection 9-6-104(af), "Wireless Communications
FacilitiesFacility," B.R.C. 1981, that meets the standards of Paragraph 9-6-
104(af)(1), B.R.C. 1981;
…
Section 8. Section 8-6-6.5, “Small Cell Facilities in the Public Right-of-Way Permits,”
B.R.C. 1981, is amended to read as follows:
8-6-6.5. - Small Cell Facilities in the Public Right-of-Way Permits.
…
(k) Application and review. Applications for wireless facilities in the public right-of-way
shall be processed and reviewed using the review procedures and requirements described
in Section 9-6-104(af) "Wireless Communications FacilitiesFacility," B.R.C. 1981, for
the review of initial applications and for eligible facilities requests. The city manager
shall be the final approval authority for all eligible facilities requests. Applications for
small cell facilities within a right-of-way will be reviewed by the city manager to
determine that the requirements of this section have been met. If the review determines
that one or more of the conditions required by this section have not been met, the city will
notify the applicant in writing describing the reasons therefor or the conditions that have
not been satisfied.
…
Section 9. Section 9-2-3, “Variances and Interpretations,” B.R.C. 1981, is amended to
read as follows:
9-2-3. - Variances and Interpretations.
(a) Purpose: This section identifies those standards that can be varied by either the city
manager or the Board of Zoning Adjustment (BOZA). Some standards can be varied by
the city manager through an administrative Review process, others by BOZA by
another level of administrative Review. The city manager may defer any administrative
decision pursuant to this section to BOZA. This section also identifies which city
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manager interpretations of this title may be appealed to BOZA and establishes a process
for such appeals.
(b) Interpretations: The city manager may decide questions of interpretation and
application of the regulations of this title as a ministerial function. Interpretations made
by the city manager of Chapters 9-6, "Use Standards," 9-7, "Form and Bulk Standards,"
and 9-8, "Intensity Standards," B.R.C. 1981, may be appealed to the BOZA by filing an
application in compliance with this section.
…
(d) Board of Zoning Adjustment (BOZA): The BOZA may grant variances from the
requirements of:
…
(6) The size requirements for accessory units of Subsection 9-6-3(mn), B.R.C. 1981;
…
(i) Floor Area Variances for Accessory Units: The BOZA may grant a
variance to the maximum floor area allowed for an attached accessory
dwelling unit or for a detached accessory dwelling unit under Subsection
9-6-3(mn), B.R.C. 1981, only if it finds that the application satisfies all of
the following applicable requirements of either Subparagraph (i)(1) or
(i)(2):
…
Section 10. Section 9-2-15, “Use Review,” B.R.C. 1981, is amended to read as follows:
9-2-15. - Use Review.
(a) Purpose: Each zoning district established in Section 9-5-2, "Zoning Districts," B.R.C.
1981, is intended for a predominant use, but other uses designated in Section 9-6-1,
"Schedule of Permitted Land Uses," B.R.C. 1981, may be allowed by use review if a
particular use is demonstrated to be appropriate in the proposed locat ion.
Nonconforming uses may be upgraded or expanded under this section if the change
would not adversely affect the traffic and the environment of the surrounding area or if
the change would reduce the degree of the nonconformity or improve the appearance of
the structure or site without increasing the degree of nonconformity. Nonstandard
buildings may be changed, expanded or modified consistent with the criteria and
standards set forth in this section and Subsection 9-10-3(a), B.R.C. 1981.
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(b) Application Requirements: An application for an approval of a use review use may be
filed by any person having a demonstrable interest in land for which a use review use is
requested and shall be made on a form provided by the city manager that includes,
without limitation:
…
(4) For industrial and commercial uses, the city manager may require the applicant to
provide the following additional information and meet the following
requirements:
(A) A pollution prevention audit;
(B) Long-term plans for reducing air emissions and use of hazardous
materials;
(C) Data on air emissions control processes and demonstration that
appropriate emission control technology is being used;
(D) A description of plans for chemical handling, storage, chemical waste
disposal and spill prevention;
(E) A description of water and energy conservation measures planned for the
use;
(F) Plans for recycling and minimizing waste; and
(G) The requirements specified in Section 9-6-7(b), B.R.C. 1981, related to oil
and gas operations.; and
(H) A plan of control for any noise, smoke, vapor, dust, odor, glare, vibration,
fumes, or other environmental contamination, and an estimate of the
measurement of each at the property lines.
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(e) Criteria for Review: No use review application will be approved unless the approving
agency finds all of the following:
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(3) Compatibility: The location, size, design and operating characteristics of the
proposed development or change to an existing development are such that the use
will be reasonably compatible with and have minimal negative impact on the use
of nearby properties, or, for residential uses or community, cultural, and
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educational uses in industrial zoning districts, the proposed development
reasonably mitigates the potential negative impacts from nearby properties;
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(6) Conversion of Dwelling Units to Nonresidential Uses: There shall be a
presumption against approving the conversion of dwelling units in the residential
zoning districts to nonresidential uses that are allowed pursuant to a use review, or
through the change of one nonconforming use to another nonconforming use. The
presumption against such a conversion may be overcome by a finding that the use
to be approved serves another compelling social, human services, governmental
or recreational need in the community, including, without limitation, a use for a
daycare center, park, religious assembly, social service use, benevolent
organization use, art or craft studio spacestudio or workshop, museum, or an
educational use.
…
Section 11. Section 9-3-10, “Airport Influence Zone,” B.R.C. 1981, is amended to read
as follows:
9-3-10. - Airport Influence Zone.
(a) Legislative Intent: The purpose of this section is to enact an airport influence overlay
zone map and associated regulations, providing for certain land development controls
on the area surrounding the airport which may be affected by aircraft accidents and by
noise, vibrations, fumes, dust, smoke, fuel particles and other annoyances a nd
influences from airport operations. Further, the use of land within the airport influence
overlay zone affects the safe and efficient operation of the airport and aircraft using the
airport, and this section is intended to minimize risks to public safet y and hazards to
aircraft users, and to protect the capacity of the airport to serve the city's air
transportation needs. Finally, this section is intended to promote sound land use
planning in the airport influence overlay zone.
(b) Applicability of Section: The requirements of this section supplement those imposed on
the same lands by any underlying zoning provision of this code or any other ordinance
of the city. If there is a conflict between such requirements, the more restrictive
controls.
(c) City Wide Restrictions:
…
(3) Development Permits: No development permit shall be granted or approved that
would create a hazard or that would allow an existing structure or use to become a
greater hazard. Notwithstanding the provisions of this paragraph and subsection
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9-6-5(xv), B.R.C. 1981, no person shall, on or after July 1, 1989, acquire any
vested right to maintain any hazard which the city manager may subsequently
determine to exist, nor shall the city be estopped from proceeding to remove such
hazard, under the procedure set forth in paragraph (c)(4) of this section.
…
Section 12. Section 9-5-2, “Zoning Districts,” B.R.C. 1981, is amended to read as
follows:
9-5-2. - Zoning Districts.
(a) Classification: Zoning districts are classified according to the following classifications
based on the predominant character of development and current or intended use in an
area of the community:
…
(b) Zoning Districts: Under the classifications defined in Subsection (a) of this section, the
particular zoning districts established for the city are as in table 5 -1 of this section:
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(c) Zoning District Purposes:
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(4) Industrial Districts:
(A) Industrial - Service 1 and Industrial - Service 2: Service industrial areas
primarily used to provide to the community a wide range of repair and
service uses and small-scale manufacturing uses.
(B) Industrial - General: General industrial areas where a wide range of light
industrial uses, including research and development, and manufacturing
operations and , service industrial uses, media production, storage, and
other intensive employment uses are located. Residential uses and other
complementary uses may be allowed in appropriate locations.
(C) Industrial - Manufacturing: Industrial manufacturing areas primarily used
for more intensive manufacturing, research, and development,
manufacturing, and service industrial uses, storage, and warehousing in
buildings on large lots. Residential uses and other complementary uses
may be allowed in appropriate locations.
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(D) Industrial - Mixed Services: Industrial areas on the edge of a main street
commercial area, which are intended to provide a transition between a
main street commercial area and established industrial zones. Industrial
main street areas are intended to develop in a pedestrian-oriented pattern,
with buildings built up to the street; first floor uses are predominantly
industrial in character; uses above the first floor may include industrial,
residential, or limited office uses, and where complementary uses may be
allowed.
…
Section 13. Section 9-6-1, “Schedule of Permitted Land Uses,” B.R.C. 1981, is amended
to read as follows:
9-6-1. Schedule of Permitted Land Uses.
…
TABLE 6-1: USE TABLE
A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited
Zoning District RR-1, RR-2, RE, RL-1 RL-2, RM-2 RM-1, RM-3 RMX-1 RMX-2 RH-1, RH-2, RH-4, RH-5 RH-3, RH-7 RH-6 MH MU-3 MU-1 MU-2 MU-4 BT-1, BT-2 BMS BC-1, BC-2 BCS BR-1, BR-2 DT-4 DT-5 DT-1, DT-2, DT-3 IS-1, IS-2 IG IM IMS P A Specific Use
Standards Use Module R1 R2 R3 R4 R5 R6 R7 R8 MH M1 M2 M3 M4 B1 B2 B3 B4 B5 D1 D2 D3 I1 I2 I3 I4 P A
RESIDENTIAL USES
Household Living
Duplex - A A A [A] A A - - [C] A A A [A] - [A] - [A] A A A [A]- [U] [U] [A] U - 9-6-3(a), (b), (c)
9-6-2(c)
Dwelling unit, attached - A A A [A] A A [A] - [C] A A A [A] [A] [A] - [A] A A A [A]- [U] [U] [A] U - 9-6-3(a), (b), (d)
9-6-2(c)
Dwelling unit, detached [A] [A] A A [A] [A] [A] - - [C] [A] [A] [A] [A] - [A] - [A] A A A - [U] [U] - [U] [U] 9-6-3(a), (b), (e)
9-6-2(c)
Efficiency living unit - - - - [U] [A] A - - [A] A A [A] [A] [A] [A] - [A] [A] [A] [A] [A]- [U] [U] [A] U - 9-6-3(a), (b), (f)
9-6-2(c)
Live-work unit - - - - - -[A] -[A] - - -[A] -[A] -[A] [A] -[A] -[A] -[A] - -[A] -[A] -[A] -[A] U-[C] [U][C] [U]-[C] [AC] - - 9-6-3(a), (b), (g)
Mobile home park - U U - U U - - A - - - - - - - - - - - - - - - - - -
Townhouse - A A A [A] A A A - [C] A A A [A] - [A] - [A] A A A [A]- [U] [U] [A] U -
9-6-3(a), (b),
(h)(g)
9-6-2(c)
Group Living
Boarding house - - U U A A A - - U A A [A] [A] [A] [A] - [A] - - A - [U] [U] - - - 9-6-3(i)(h)
9-6-2(c)
Congregate care facility - - [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] - [U] [U] - [U] - 9-6-3(j)(i)
Custodial care facility - - [U] [U] [U] [U] [U] [U] - [U] [U] [U] - [U] - [U] - [U] - [U] [U] - [U] [U] - - - 9-6-3(j)(i)
Fraternity, sorority, and dormitory - - - - - A A - - U - - - [A] [A] [A] - [A] - - A - [U] [U] - - - 9-6-3(k)(j)
9-6-2(c)
Group home facility [C] [C] [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] - - - - - - 9-6-3(l)(k)
Residential care facility - - [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] - [U] [U] - - - 9-6-3(j)(i)
Transitional housing [C] [C] [C] [C] [C] [C] [C] [C] - [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C]- [C] [C] [C] [C] - 9-6-3(m)(l)
Residential Accessory
Accessory dwelling unit [C] [C] - [C] [C] - - - - - - - - - - - - - - - - - - - - [C] [C] 9-6-3(n)(m)
Caretaker dwelling unit - - - - - - - - - - - - - - - - - - - - - A A A A A A
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A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited
Zoning District RR-1, RR-2, RE, RL-1 RL-2, RM-2 RM-1, RM-3 RMX-1 RMX-2 RH-1, RH-2, RH-4, RH-5 RH-3, RH-7 RH-6 MH MU-3 MU-1 MU-2 MU-4 BT-1, BT-2 BMS BC-1, BC-2 BCS BR-1, BR-2 DT-4 DT-5 DT-1, DT-2, DT-3 IS-1, IS-2 IG IM IMS P A Specific Use
Standards Use Module R1 R2 R3 R4 R5 R6 R7 R8 MH M1 M2 M3 M4 B1 B2 B3 B4 B5 D1 D2 D3 I1 I2 I3 I4 P A
Home occupation [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] - [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] 9-6-3(o)(n)
PUBLIC AND INSTITUTIONAL USES
Community, Cultural, and Educational
Cemetery - - - - - - - - - - - - - - - - - - - - - - - - - A A
Club or lodge - - - - - - - - - - - - A U [A] A A A A A A - - - - U - 9-6-4(a)
Community services - - - - - - - - - U U U C A [A] [A] A A [A] A A - U - U U - 9-6-4(b)
9-6-2(c)
Governmental facility U U U U U U U U U U U U A A A [A] A A A A A A A A A U - 9-6-2(c)
Hospital - - - - - - - - - - - - - - - - - - - - - - - - - A -
Museum - - - - - - - - - - - - A U A [A] A A A A A U U U U U - 9-6-2(c)
Open space, park, and recreation use A A A A A A A - A A A A A A A A A A A A A A A A A A A
Private college or university - - - - - - - - - - - - - U - A - A - U U - U U -U A -
Private elementary, middle, or high school U U U U U A U - - U U U A A A A A A U A U - -U -U -U - -
Public college or university A A A A A A A A A A A A A A A A A A A A A A A A A A -
Public elementary, middle, or high school A A A A A A A A A A A A A A A A A A A A A A A A A A -
Religious assembly A A A A U A A - - A U U A A A A A A A A A - - - - - -
Specialized instruction facility U U U - U U U - - U U U [A] A [A] [A] A A U A U [A] [A] [A] [A] A - 9-6-4(c)
9-6-2(c)
Care and Shelter
Daycare center [U] [U] [U] [U] [U] [U] [U] [U] [U] [U] [U] [U] [U] [C] [U] [C] [C] [C] [U] [C] [C] [U] [U] [U] [U] [U] [U] 9-6-4(d)
Daycare, home A A A A A A - - - - - - - - - - - - - - - - - - - - -
Day shelter - - [U] - [U] [C] [C] - - [U] [C] [U] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [U] - 9-6-4(e)
Emergency shelter [U] [U] [U] [U] [U] [C] [C] - - [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [U] - 9-6-4(e)
Overnight shelter - - [U] - [U] [C] [C] - - [U] [C] [U] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [U] - 9-6-4(e)
Infrastructure
Airport and heliport - - - - - - - - - - - - - - - - - - - - - - - - - U -
Essential municipal and public utility service U U U U U U U U U U U U A A A [A] A A A A A A A A A U U 9-6-2(c)
Wireless communications facility [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] 9-6-4(f)
COMMERCIAL USES
Food, Beverage, and Lodging
Bed and breakfast - - - - - [U] [C] - - [U] [C] [C] - - - - - - - - - - - - - - - 9-6-5(a)
Brewery, distillery, and winery - - - - - - - - - - - - - - - - - - - - - [A] [A] [A] [A] - - 9-6-5(b)
Commercial kitchen and catering - - - - - - - - - - - - A - - - U U U U U A A A A - -
Hostel - - - - - U U - - U A U [A] U [A] - - A [A] [A] U - U U - - - 9-6-5(c)
Hotel or motel - - - - - - - - - - - - U U U - - U A A U - - - - - -
Mobile food vehicle [A] - - - - - - - - [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] - 9-6-5(d)
Restaurant, brewpub, and tavern - - - - - U [A] - - [A] A [A] [A] U [A] [A] [A] [A] [A] [A] [C] [CA] [CA] [AC] [CA] [A] - 9-6-5(e)
Recreation and Entertainment
Art or craft studioArt studio or workshop - U U U U U U U - [A] [A] [A] A A A A A A A A A A A -A A U - 9-6-5(f)
Campground - - - - - - - - - - - - - - - - - - - - - U U U - - U
Indoor athletic facility - [U] [U] [U] - U [A] - - [A] [A] [A] A [A] [A] A A A A A A U[A] [A]U [A]U [A] U - - 9-6-5(g)
Indoor commercial recreation - - - - - - - - - - - - U - U U U A U U U - - - - - -
Outdoor recreation or entertainment - - - - - - - - - - - - - U - U U U U U U - - - - U -
Small theater or rehearsal space - - - - - - - - - - - - U - U U U A U U U A A UA A - -
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A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited
Zoning District RR-1, RR-2, RE, RL-1 RL-2, RM-2 RM-1, RM-3 RMX-1 RMX-2 RH-1, RH-2, RH-4, RH-5 RH-3, RH-7 RH-6 MH MU-3 MU-1 MU-2 MU-4 BT-1, BT-2 BMS BC-1, BC-2 BCS BR-1, BR-2 DT-4 DT-5 DT-1, DT-2, DT-3 IS-1, IS-2 IG IM IMS P A Specific Use
Standards Use Module R1 R2 R3 R4 R5 R6 R7 R8 MH M1 M2 M3 M4 B1 B2 B3 B4 B5 D1 D2 D3 I1 I2 I3 I4 P A
Temporary event - - - - - - - - - - - - [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] - 9-6-5(h)
Office Uses
Medical laboratory - - - - - - [A] - - [A] [A] [A] [A] [A] [A] [A] A [A] - - - U A - U - - 9-6-5(i), (j)
9-6-2(c)
Offices, administrativeAdministrative office - - - - - - - - - - - - [C] [A] [A] [A] [A] [A] [A] A A - A A - - - 9-6-5(i), (k)
9-6-2(c)
Office, medicalMedical office - U U U - U U - - [A] U U [A] [A] [A] [A] [A] [A] [A] A A - [C] - - U - 9-6-5(i), (lj)
9-6-2(c)
Office, professional - U U U U U [A] - - [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] A A - - - - - - 9-6-5(i), (m)
9-6-2(c)
Office, technical - U U U U U [A] - - [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] A A [A] [A] [A] [A] - - 9-6-5(i), (nk)
9-6-2(c)
Research and development - - - - - - [A] - - [A] [A] [A] [A] [A] [A] [A] A [A] - - - [A] A A [A] - - 9-6-5(i), (l)
9-6-2(c)
Retail Sales Uses
Accessory sales - - - - - A A - - A A A A A A A A A A A A A A A A A -
Building material sales - - - - - - - - - - - - - - - [U] - U - - - [A] [A] [A] [A] - - 9-6-5(om)
Convenience retail sales - [U] [U] [U] - U [A] - - [A] [A] [A] A A A A A A - A A A A - A - - 9-6-5(pn)
Fuel sales - [U] [U] [U] - [U] [U] - - [U] [U] [U] [C] [U] [C] [C] [U] [C] - [U] [U] [C] [C] - [U] - - 9-6-5(qo)
Retail sales - - - - - - - - - [U] - [U] [A] - [A] [A] A A A A [A] -[A] -[A] -[A] -[A] - - 9-6-5(rp)
Service Uses
Animal hospital or veterinary clinic - - - - - - - - - - - - U U U A U A - - U A A A UA - -
Animal kennel - - - - - - - - - - - - U - U U A U - - - A A U A - -
Broadcasting and recording facility - U U - U U U - - [A] [A] [A] A A [A] [A] A A A A A A A A A - - 9-6-5(s)
9-6-2(c)
Business support service - - - - - - - - - - - - [A] - [A] [A] A A A A A [A] U U [A] - - 9-6-5(tq)
9-6-2(c)
Financial institution - - - - - - [A] - - [A] [A] [A] [A] U [A] [A] A A [A] [A] [A] - - - - - - 9-6-5(ur)
9-6-2(c)
Industrial service center - - - - - - - - - - - - - - - - - - - - - - [C] [C] - - - 9-6-5(v)
Media production - U U - U U U - - [A] [A] [A] A A [A] [A] A A A A A A A A A - - 9-6-5(s)
9-6-2(c)
Mortuary and funeral chapel - - - - - - - - - - - - U U U U U U - - U - - - - - -
Non-vehicular repair and rental service - - - - - - - - - - - - - - - [U] [A] [U] [U] [U] [U] [A] [U] - [A] - -
Neighborhood business center - [U] [U] - - [U] [U] - - - - - - - - - - - - - - - - - - - - 9-6-5(t)(w)
Personal service use - U U U - U A U U A A A A A A A A A A A A - -[A] - -[A] - - 9-6-5(u)
Vehicle-Related
Car wash - - - - - - - - - - - - - - - U A U U U U - - - - - -
Drive-thru use - - - - - - - - - - - - - - - [U] [U] [U] [U] [U] [U] - - - - - - 9-6-5(xv)
Fuel service station - - - - - - - - - - - - [U] [U] [U] [C] [U] [C] - [U] [U] [C] [C] - [U] - - 9-6-5(yw)
Principal parking facility U U U U U U U U U U U U U U U [A] U U - [U] [U] A A A U U - 9-6-5(zx)
9-6-2(c)
Sales or rental of vehicles - - - - - - - - - - - - - - - [U] [A] [U] - - - [A] [A] - - - - 9-6-5(aay)
Service of vehicles - - - - - - - - - - - - [U] - [U] U [A] U - - - A A [A] A - - 9-6-5(bbz)
INDUSTRIAL USES
Storage, Distribution, and Wholesaling
Cold storage locker - - - - - - - - - - - - - - - - U U U- U- U- A A A A - -
Outdoor display of merchandise - - - - - - - - - - - - - - - [A] - [A] - - - [A] [A] [A] [A] - - 9-6-6(a)
Outdoor storage - - - - - - - - - - - - - - - - - - - - - A U A - - -
Self-service storage facility - - - - - - - - - - - - - - - - - - - - - A U - - - -
Warehouse or distributions facility - - - - - - - - - - - - - - - - - - - - - A A A A - -
Wholesale business - - - - - - - - - - - - A - - - - - - - - A A A A - -
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A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited
Zoning District RR-1, RR-2, RE, RL-1 RL-2, RM-2 RM-1, RM-3 RMX-1 RMX-2 RH-1, RH-2, RH-4, RH-5 RH-3, RH-7 RH-6 MH MU-3 MU-1 MU-2 MU-4 BT-1, BT-2 BMS BC-1, BC-2 BCS BR-1, BR-2 DT-4 DT-5 DT-1, DT-2, DT-3 IS-1, IS-2 IG IM IMS P A Specific Use
Standards Use Module R1 R2 R3 R4 R5 R6 R7 R8 MH M1 M2 M3 M4 B1 B2 B3 B4 B5 D1 D2 D3 I1 I2 I3 I4 P A
Production and Processing
Manufacturing use - - - - - - - - - - - - [A] - - - [A] - - - - [A] A A A - - 9-6-6(b)
Manufacturing use with potential off-site impactsGeneral manufacturing - - - - - - - - - - - - - - - - - - - - - - [U] [U] - - - 9-6-6(cb)
Light manufacturing - - - - - - - - - - - - [A] - - - [A] - - - - [A] A A A - - 9-6-6(c)
Recycling center - - - - - - - - - - - - - - - - - - - - - U U U U - -
Recycling collection facility - large - - - - - - - - - - - - - - - [U] [U] [U] - - - [U] [U] [U] [U] [U] - 9-6-6(d)
Recycling collection facility - small - - - - - - - - - - - - [C] - [C] [C] [C] [U] [U] [U] [U] [C] [C] [C] [C] [C] - 9-6-6(e)
Recycling processing facility - - - - - - - - - - - - - - - - - - - - - [U] [U] [U] - [U] - 9-6-6(f)
Industrial Services
Building and landscaping contractor - - - - - - - - - - - - - - - - A - - - - A A A A - -
Cleaning and laundry plant - - - - - - - - - - - - - - - - - - - - - A A A A - -
Equipment repair and rental - - - - - - - - - - - - - - - U A U U U U A A A A - -
Lumber yard - - - - - - - - - - - - - - - - - - - - A A - - - -
Printer and binder - - - - - - - - - - - - - - - - - - - - - A A A A - -
AGRICULTURE AND NATURAL RESOURCE USES
Community garden [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] 9-6-7(a)
Crop production A A A A A A A A A A A A - - - - - - - - - - - - - A A
Firewood operation - - - - - - - - - - - - - - - - - - - - - A A A - - -
Greenhouse and plant nursery - - - - - - - - - - - - - - - - - - - - - A A A A A A
Mining industries - - - - - - - - - - - - - - - - - - - - - - - U - - U
Oil and gas operations - - - - - - - - - - - - - - - - - - - - - - - [U] - - [U] 9-6-7(b)
Pasture - - - - - - - - - - - - - - - - - - - - - - - - - A A
ACCESSORY USES
Accessory building or use A A A A A A A A A A A A A A A A A A A A A A A A A A A
…
Section 14. Section 9-6-2, “Specific Use Standards – General,” B.R.C. 1981, is amended
to read as follows:
9-6-2. - Specific Use Standards - General.
(a) Purpose: The purpose of this chapter is to set forth additional requirements for
specified uses of land. The requirements are intended to ensure that the use is
compatible with the surrounding area.
(b) Scope: Specific use standards are the standards contained in Sections 9-6-2 through 9-
6-7, B.R.C. 1981. Specific use standards apply as follows:
…
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TABLE 6-2: USES WITH SPECIFIC USE STANDARDS IN THE BC-1 AND BC-2
ZONING DISTRICTS
Residential Uses Nonresidential Uses
Household
Living
Duplex Public and
Institutional
Essential municipal and public utility service
Dwelling unit, attached Governmental facility
Dwelling unit, detached Community services
Efficiency living unit Specialized instruction facility
Townhouse Commercial Broadcasting and recording facility
Group Living Fraternity, sorority, and dormitory Business support service
Boarding house Financial institution
Medical laboratory Media production
Medical office
Museum
Office, administrative
Office, medical
Office, professional
Office, technical
Principal parking facility
Research and development
…
Section 15. Section 9-6-3, “Specific Use Standards – Residential Uses,” B.R.C. 1981, is
amended to read as follows:
9-6-3. Specific Use Standards – Residential Uses.
(a) Residential Uses:
(1) This subsection (a) sets forth standards for uses in the residential use classification
that are subject to specific use standards pursuant to Table 6-1, Use Table.
(2) Residential Uses in the IG and IM Zoning Districts: The following standards apply
in the IG and IM zoning districts to residential uses that may be approved pursuant
to a use review:
(A) Application Requirements: An applicant shall apply on forms provided by
the city manager showing how and in what manner the standards and
criteria of this subsection have been met. In addition to any information
required by Section 9-2-15, "Use Review," B.R.C. 1981, the applicant
shall provide the following information:
(i) Environmental Assessment: A report that addresses each of the
items required by the American Society for Testing and Materials
Standards (ASTM) E-1527 and E-1528. The report shall be current
and with a completion date within five years of the date of
application.
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(ii) Contiguity Map: A map that demonstrates that the proposed
residential development meets the contiguity requirements of
Subparagraph (a)(2)(B) of this section.
(A) Location Within the Industrial Districts: Dwelling units may be
constructed only on a lot or parcel that meets one or more of the following
requirements (i), (ii), or (iii). If a lot or parcel meets this location standard,
the approving authority shall presume that the standard in Paragraph 9-2-
15(e)(5), B.R.C. 1981, has been met.
(i) The residential use is consistent with the land use plan or map in
an adopted subcommunity or area plan; or
(ii) The lot or parcel is located within one-quarter mile of the Boulder
Junction transit station. Distance shall be measured by the city
manager on official maps as the radius from the closest point on
the perimeter of the applicant's lot or parcel to the closest point on
the transit station lot; or
(iii) At least one-sixth of the perimeter of the lot or parcel is contiguous
with a residential use that includes one or more dwelling units, a
residential zoning district, or a city- or county- owned park or open
space. Contiguity shall not be affected by the existence of a platted
street or alley, a public or private right-of-way, or a public or
private transportation right-of-way or area.
Dwelling units may be constructed if located on a parcel that has at least
one-sixth of the perimeter of the parcel contiguous with a residential use
that includes one or more dwelling units or if contiguous to a residential
zone or to a City- or county-owned park or open space. Contiguity shall
not be affected by the existence of a platted street or alley, a public or
private right-of-way or a public or private transportation right-of-way or
area. If a parcel meets this standard, the approving authority shall presume
that the standard in Paragraph 9-2-15(e)(5), B.R.C. 1981, has been met.
(B) Residential and Nonresidential Uses Within a Project: If residential uses
are to be placed on the property, the entire property shall be used
exclusively for residential purposes except as otherwise provided in this
paragraph. Nonresidential uses are permitted, provided that site design is
approved pursuant to the site review criteria in Section 9-2-14, "Site
Review," B.R.C. 1981, in order to ensure that the site design and building
layout will result in compatibility among uses or to mitigate potential
impacts between such uses.
(C) Limited Retail Uses Permitted: Convenience store, personal service, or
restaurant uses may be permitted as accessory uses to a residential
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development permitted by this subsection if all of the following standards
are met:
(i) Each convenience store, personal service, or restaurant use does
not exceed two thousand five hundred square feet in floor area, and
in the case of restaurants, such restaurants shall close no later than
11:00 p.m. unless otherwise approved in a city review process.
(ii) The total amount of floor area used for all of the convenience
store, personal service, or restaurant uses does not exceed five
percent of the total residential floor area of the development.
(iii) The uses are permitted only if development is located no closer
than one thousand three hundred twenty feet from another property
that is described as a business district in Section 9-5-2, "Zoning
Districts," B.R.C. 1981, or another convenience store, personal
service, or restaurant use in another development created pursuant
to this subsection.
(D) Bulk and Density Requirements: All residential development shall be
subject to the bulk and density standards set forth in Section 9-7-1,
"Schedule of Form and Bulk Standards," B.R.C. 1981, and the
landscaping for the underlying zoning district, except as modified by the
following:
(i) Lot Size: The minimum lot size shall be at least two acres. Projects
over five acres shall also be required to complete a site review
pursuant to Section 9-2-14, "Site Review," B.R.C. 1981.
(ii) Side Yard Adjacent to a Street: The minimum side yard landscaped
setback from a street for all buildings that contain residential uses
shall be twenty feet.
(iii) Interior Side Yard: The minimum side yard setback from an
interior lot line for all principal buildings and uses shall be twenty
feet. If an existing building is converted to residential uses, the side
yard setback may be reduced to twelve feet for the existing portion
of the building.
(iv)(B) Floor Area Ratios: The floor area regulations for the underlying zoning
district classification shall only apply to the nonresidential floor area on
the site.
(v) Open Space: If the site is not located within the service area of a
neighborhood park, as identified in the Parks and Recreation Master Plan,
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a minimum of forty percent of the required usable open space shall be
configured as a common contiguous area that will provide for the active
and passive recreational needs of the residents.
(vi)(C) Setbacks from Existing Oil and Gas Operations: The use is located no
closer than two thousand2,000 feet from a well pad of an existing single-
well oil and gas operations use in pre-production, no closer than two
thousand five hundred2,500 feet from any well pad of an existing multi-
well (two or more) oil and gas operations use in pre-production, and no
closer than five hundred500 feet from any well pad of an existing oil and
gas operations use in production. The use is located no closer than two
hundred fifty250 feet from any oil and gas operations use that is capped
and abandoned pursuant to the requirements of Section 9-6-7(b)(15),
B.R.C. 1981.
(F)(D) Buffers From Adjacent Land Uses: The applicant shall provide visual
screening, which may include, without limitation, walls, fences,
topographic changes, horizontal separation, or plantings for those areas
that are adjacent to loading docks, truck or other delivery vehicle ingress
or egress areas, dumpsters or other recycling vessels, and outdoor storage
areas.
(G)(E) Environmental Suitability: The applicant shall demonstrate that the
proposed use will not be affected by any adverse health or safety impacts
associated with potential on-site pollution or contamination beyond that
which is customarily acceptable for land that is used for residential
purposes. This shall be demonstrated through the use of the environmental
assessment required to be submitted with the application. If such
environmental assessment identifies any potential adverse health or safety
impacts on future residents of the site, the applicant shall also be required
to submit further assessments that demonstrate that such concerns are not
present or submit a plan for the mitigation measures that are necessary to
alleviate any adverse impacts to public health, safety, and welfare.
(H)(F) Construction Standards for Noise Mitigation: The applicant shall utilize
construction standards that will achieve an interior day-night average
noise level of no more than forty-five decibels, anticipating potential
exterior day-night average industrial noise levels of seventy-three decibels
measured at the property line. Such standards shall be in compliance with
Chapter 10-5, "Building Code," B.R.C. 1981. Noise shall be measured in a
manner that is consistent with the federal Housing and Urban
Development's standards in Sections 24 CFR §§ 51.100 to 51.106 for the
"measure of external noise environments," or similar standard adopted by
the city manager in the event that such rule is repealed. The applicant shall
provide written certification prior to the issuance of a certificate of
occupancy that the sound abatement and attenuation measures were
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incorporated in the construction and site design as recommended by a
professional engineer.
(I)(G) Declaration of Use Required: Before receiving a building permit, all
owners shall sign a declaration of use, including all the conditions for
continued use, to be recorded in the office of the Boulder County Clerk
and Recorder to serve as actual and constructive notice to potential
purchasers and tenants of the owner's property status as a residential use
within an industrial zoning district classification.
(J) Modification of Standards: The approving authority is authorized to
modify the standards set forth in Section 9-2-14, "Site Review," B.R.C.
1981, or Subparagraphs (a)(2)(E), (F), (G) and (H) of this subsection,
upon finding that:
(i) The strict application of these standards is not possible due to
existing physical conditions;
(ii) The modification is consistent with the purpose of the section; and
(iii) The modification is the minimum modification that would afford
relief and would be the least modification of the applicable
provisions of this chapter.
(iv) The city manager shall require that a person requesting a
modification supply the information necessary to substantiate the
reasons for the requested modification.
…
(g) Live-Work Unit:
(1) General Standards: The following standards apply to live-work units:
(A) The commercial or industrial activity may be any nonresidential use
allowed in the same zoning district, subject to any applicable specific use
standards or review process for that use.
(B) The residential use is located above or behind a ground floor space for
nonresidential use.
(C) A resident of the live-work unit must be responsible for the work
performed in the nonresidential use.
(D) Only one kitchen is permitted.
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(2) In the Industrial Zoning Districts:
(A) Review Process: In the industrial zoning districts, live-work units may be
approved as a conditional use if at least fifty percent of the floor area of
the building is for nonresidential use. Floor area within the live-work unit
is considered residential floor area.
…
(gh) Townhouse:
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(hi) Boarding House:
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(ij) Congregate Care FacilitiesFacility, Custodial Care FacilitiesFacility, and
Residential Care FacilitiesFacility:
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(jk) Fraternity, Sorority, and Dormitory:
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(kl) Group Home Facility:
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(lm) Transitional Housing:
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(mn) Accessory Dwelling Unit:
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(no) Home Occupation:
…
Section 16. Section 9-6-5, “Specific Use Standards – Commercial Uses,” B.R.C. 1981, is
amended to read as follows:
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9-6-5 Specific Use Standards – Commercial Uses.
…
(b) Brewery, Distillery, and Winery:
(1) General Standard: Any brewery, distillery, or winery approved as a conditional use
or pursuant to a use review must also meet the following standard:
(A) Any restaurant within the brewery, distillery, or winery does not exceed
thirty percent of the total floor area of the facility, or one thousand square
feet, whichever is greater, including any outdoor seating areas.
(1)(2) In the IS-1 and, IS-2, and IMS Zoning Districts:
(A) In the IS-1 and , IS-2, and IMS zoning districts, breweries, distilleries, and
wineries shall meet the following standards:
(i) Review Process: In the IS-1 and, IS-2, and IMS zoning districts,
the following review process applies:
a. Allowed Use: Breweries, distilleries, and wineries are
allowed by right if the use does not exceed 15,000 square
feet in floor area and does not include a restaurant.
b. Conditional Use: Breweries, distilleries, and wineries that
are not allowed by right may be approved as a conditional
use if the use does not exceed 15,000 square feet in floor area
and any restaurant is closed between the hours of 11 p.m.
and 5 a.m.
c. Use Review: If the use is not allowed by right or as a
conditional use, the use may be approved only pursuant to a
use review subject to the use review criteria in Paragraphs 9-
2-15(e)(1), (3), (4), and (5) "Use Review," B.R.C. 1981.
(ii) General Standards: No brewery, distillery, or winery shall exceed
15,000 square feet in floor area. Any restaurant within a brewery,
distillery, and winery approved as a conditional use or pursuant to
a use review must also meet the following standards:
a. The restaurant does not exceed thirty percent of the total
floor area of the facility, or one thousand square feet,
whichever is greater, including any outdoor seating areas;
and
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b. Parking for the restaurant meets the parking requirements for
restaurants, brewpubs, or taverns in Section 9-9-6, "Parking
Standards," B.R.C. 1981.
(2)(3) In the IG and IM Zoning Districts:
(A) In the IG and IM zoning districts, breweries, distilleries, and wineries shall
meet the following standards:
(i) Review Process: In the IG and IM zoning districts, the following
review process applies:
a. Allowed Use: Breweries, distilleries, and wineries are
allowed by right if the use does not exceed 15,000 square
feet in floor area and does not include a restaurant.
b. Conditional Use: If the use exceeds 15,000 square feet in
floor area or includes a restaurant, it may be approved as a
conditional use if any restaurant is closed between the hours
of 11 p.m. and 5 a.m.
c. Use Review: If the use is not allowed by right or as a
conditional use, the use may be approved only pursuant to a
use review subject to the use review criteria in Paragraphs 9-
2-15(e)(1), (3), (4), and (5) "Use Review," B.R.C. 1981.
(ii) General Standards: Any restaurant within a brewery, distillery, and
winery approved as a conditional use or pursuant to a use review
must also meet the following standards:
a. The restaurant does not exceed thirty percent of the total
floor area of the facility, or one thousand square feet,
whichever is greater, including any outdoor seating areas;
and
b. Parking for the restaurant meets the parking requirements for
restaurants, brewpubs, or taverns in Section 9-9-6, "Parking
Standards," B.R.C. 1981.
(3) In the IMS Zoning District:
(A) In the IMS zoning district, breweries, distilleries, and wineries shall meet
the following standards:
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(i) Review Process: In the IMS zoning district, the following review
process applies:
a. Allowed Use: Breweries, distilleries, or wineries are allowed
by right if the use does not exceed 15,000 square feet in floor
area and does not include a restaurant.
b. Conditional Use: If the use is not allowed by right, it may be
approved as a conditional use provided any restaurant is
closed between the hours of 11 p.m. and 5 a.m.
c. Use Review: If any restaurant is open between the hours of
11 p.m. and 5 a.m., the use may be approved only pursuant
to a use review subject to the use review criteria in
Paragraphs 9-2-15(e)(1), (3), (4), and (5) "Use Review,"
B.R.C. 1981.
(ii) General Standards: Any restaurant within a brewery, distillery, and
winery approved as a conditional use or pursuant to a use review
must also meet the following standards:
a. The restaurant does not exceed thirty percent of the total
floor area of the facility, or one thousand square feet,
whichever is greater, including any outdoor seating areas;
and
b. Parking for the restaurant meets the parking requirements for
restaurants, brewpubs, or taverns in Section 9-9-6, "Parking
Standards," B.R.C. 1981; and
c. The use shall not exceed 15,000 square feet in floor area.
…
(e) Restaurant, Brewpub, and Tavern:
(1) Applicability: This Subsection (e) sets forth standards for restaurants, brewpubs,
and taverns that are subject to specific use standards pursuant to Table 6 -1, Use
Table.
…
(3) Standards for Outdoor Seating:
(A) Applicability: The following standards apply to any outdoor seating area
that is within 500 feet (measured from the perimeter of the subject
property) of a residential use module. Outdoor seating areas that are within
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the BMS, DT, and I zoning districts are also subject to the provisions of
Subparagraphs (e)(3)(BA)(i), (ii), or (iii) of this section, when applicable.
…
(10) In the Industrial Zoning Districts:
(A) Brewpubs and Taverns: Brewpubs and taverns are prohibited in the
Industrial zoning districts.
(B) Restaurants: In the Industrial industrial zoning districts, the following
applies to restaurants that are not within a brewery, distillery, or winery:
(i) Review Process: The following review process applies:In the
industrial zoning districts, restaurants are allowed by right if the
use is closed between the hours of 11 p.m. and 5 a.m. and is
incorporated in a building with industrial, residential, or office
uses. Restaurants that are not allowed by right may be approved
only pursuant to a use review.
a. Conditional Use: A restaurant may be approved as a
conditional use if the use is closed between the hours of 11
p.m. and 5 a.m.
b. Use Review: A restaurant that may not be approved as a
conditional use may be approved only pursuant to a use
review. In addition to meeting the use review criteria, the use
must be located more than 500 feet from any residential use
or zoning district.
(ii) General Standards: All restaurants in the Industrial zoning districts
that are not within a brewery, distillery, or winery approved as a
conditional use or pursuant to a use review must also meet the
following standards:
a. The use is intended generally to serve the industrial area in
which it is located;
b. The use is not located along a major street or higher
classification street as shown in Appendix A, "Major
Streets," of this title;
c. In the IMS district only, the use shall be limited to a
maximum size of two thousand square feet of floor area; and
d. Parking for restaurants in industrial districts shall meet the
minimum number of off-street parking spaces per square
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foot of floor area for nonresidential uses. The indoor and
outdoor seating requirements of Section 9-9-6(b), "Off-
Street Parking Requirements," B.R.C. 1981, shall not be
applied to industrial service centers.
…
(f) Art or Craft StudioStudio or Workshop:
(1) In the MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the MU-1, MU-2, and MU-3 zoning districts, art or
craft studios studios or workshops are allowed by right for 2,000 square
feet or less of floor area per lot or parcel. Art or craft studiosstudios or
workshops that are not allowed by right may be approved only pursuant to
a use review.
(g) Indoor Athletic Facility:
…
(3) In the BT-1, BT-2, and BMS Zoning Districts:
(A) Review Process: In the BT-1, BT-2, and BMS zoning districts, an indoor
athletic facility is allowed by right if the floor area does not exceed 2,000
square feet. An indoor athletic facility that is not allowed by right may be
approved only pursuant to a use review.
(4) In the Industrial Zoning Districts:
(A) Review Process: In the industrial zoning districts, an indoor athletic
facility is allowed by right if the floor area does not exceed 5,000 square
feet. An indoor athletic facility that is not allowed by right may be
approved only pursuant to a use review.
…
(j) Medical Laboratory:
(1) In the RH-3, RH-7, MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the RH-3, RH-7, MU-1, MU-2, and MU-3 zoning
districts, a medical laboratory is allowed by right if at least fifty percent
of the floor area of the building is for residential uses and the total floor
area of nonresidential uses in the building is less than 7,000 square feet.
A medical laboratory that is not allowed by right may be approved only
pursuant to a use review.
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(k) Office, Administrative:
(1) In the DT-4 Zoning District:
(A) Review Process: In the DT-4 zoning district, an administrative office is
allowed by right if the use is not located on the ground floor facing a
street, with the exception of minimum necessary ground level access. An
administrative office that is not allowed by right may be approved only
pursuant to a use review.
(l)(j)Office, MedicalMedical Office:
…
(m) Office, Professional
(1) In the RH-3, RH-7, MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the RH-3, RH-7, MU-1, MU-2, and MU-3 zoning
districts, a professional office is allowed by right if at least fifty percent of
the floor area of the building is for residential uses and the total floor area
of nonresidential uses in the building is less than 7,000 square feet. A
professional office that is not allowed by right may be approved only
pursuant to a use review.
(2) In the DT-4 Zoning District:
(A) Review Process: In the DT-4 zoning district, a professional office is
allowed by right if the use is not located on the ground floor facing a
street, with the exception of minimum necessary ground level access. A
professional office that is not allowed by right may be approved only
pursuant to a use review.
(n)(k) Office, Technical:
(1) In the RH-3, RH-7, MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the RH-3, RH-7, MU-1, MU-2, and MU-3 zoning
districts, an technical office is allowed by right if at least fifty percent of
the floor area of the building is for residential uses and the total floor area
of nonresidential uses in the building is less than 7,000 square feet. An
technical office that is not allowed by right may be approved only
pursuant to a use review.
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(2) In the MU-4 and BMS Zoning Districts:
(A) Review Process: In the MU-4 and BMS zoning districts, a technical office
is allowed by right if the floor area of the use does not exceed 5,000 square
feet. A technical office that is not allowed by right may be approved only
pursuant to a use review.
(3)(2) In the DT-4 Zoning District:
(A) Review Process: In the DT-4 zoning district, an technical office is allowed
by right if the use is not located on the ground floor facing a street, with
the exception of minimum necessary ground level access. An technical
office that is not allowed by right may be approved only pursuant to a use
review.
(4)(3) In the IS-1 and, IS-2, and IMS Zoning Districts:
(A) In the IS-1 and , IS-2, and IMS zoning districts, an technical office is
allowed by right if the floor area of the use does not exceed 5,000 square
feet and is otherwise prohibited.
(4) In the IG and IM Zoning Districts:
(A) Review Process: In the IG and IM zoning districts, the following review
process applies to offices:
(i) Allowed Use: An office as a principal use is allowed by right if the
use does not exceed 50,000 square feet in floor area. This
restriction does not apply to administrative offices.
(ii) Use Review: If the office is not allowed by right, the use may be
approved only pursuant to a use review. In addition to meeting the
use review criteria in Paragraphs 9-2-15(e)(1), (3), (4), and (5)
"Use Review," B.R.C. 1981, the applicant shall demonstrate that:
a. The area in the zoning district in which the office is located
will remain a place primarily used for industrial uses or
research and development; and
b. For buildings constructed after March 18, 2023, the building
design includes features that allow the building to be adapted
in the future for industrial uses or research and development.
Such features may include, without limitation, ceiling
heights and integration of loading doors.
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(l) Research and Development:
(1) In the RH-3, RH-7, MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the RH-3, RH-7, MU-1, MU-2, and MU-3 zoning
districts, a research and development use is allowed by right if at least fifty
percent of the floor area of the building is for residential uses and the total
floor area of nonresidential uses in the building is less than 7,000 square
feet. A research and development use that is not allowed by right may be
approved only pursuant to a use review.
(2) In the IS-1, IS-2, and IMS Zoning Districts:
(A) Review Process: In the IS-1, IS-2, and IMS zoning districts, a research and
development use is allowed by right if the floor area of the use does not
exceed 5,000 square feet and is otherwise prohibited.
(om) Building Material Sales:
…
(pn) Convenience Retail Sales:
…
(qo) Fuel Sales:
(1) The following standards apply to any fuel sales use that may be approved as a
conditional use or pursuant to a use review:
…
(F) Fuel sales in industrial zones shall only be permitted in association with a
convenience retail store pursuant to Paragraph 9-6-3(a)(2), B.R.C. 1981.
…
(rp) Retail Sales:
(1) In the MU-2 and MU-3 Zoning Districts:
(A) Review Process: In the MU -2 and MU-3 zoning districts, retail sales that
may be approved pursuant to a use review shall not exceed 5,000 square
feet in floor area per individual use. Otherwise, the use is prohibited.
(2) In the MU-4, BMS, BC-1, BC-2, DT-1, DT-2, and DT-3 Zoning Districts:
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(A) Review Process: In the MU-4, BMS, BC-1, BC-2, DT-1, DT-2, and DT-3
zoning districts, retail sales are allowed by right if each the such use has
less than 20,000 square feet of floor area. Retail sales that are not allowed
by right may be approved only pursuant to a use review.
(3) In the Industrial Zoning Districts:
(A) In the industrial zoning districts, retail sales are allowed by right if the use
does not exceed 2,000 square feet of floor area and is incorporated in a
building with industrial, residential, or office uses. Otherwise, the use is
prohibited.
SERVICE USES
(s) Broadcasting and Recording Facility
(1) In the MU-1, MU-2, and MU-3 Zoning Districts:
(A) Review Process: In the MU-1, MU-2, and MU-3 zoning districts, a
broadcasting and recording facility is allowed by right if at least fifty
percent of the floor area of the building is for residential uses and the total
floor area of nonresidential uses in the building is less than 7,000 square
feet. A broadcasting and recording facility that is not allowed by right may
be approved only pursuant to a use review.
(2) In the BMS Zoning District:
(A) Review Process: In the BMS zoning district, a broadcasting and recording
facility is allowed by right if the use is not located on the ground floor
facing a street, with the exception of minimum necessary ground level
access. A broadcasting and recording facility that is not allowed by right
may be approved only pursuant to a use review.
(tq) Business Support Service:
…
(ur) Financial Institution:
…
(s) Media Production:
(1) In the MU-1, MU-2, and MU-3 Zoning Districts:
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(A) Review Process: In the MU-1, MU-2, and MU-3 zoning districts, a media
production use is allowed by right if at least fifty percent of the floor area
of the building is for residential uses and the total floor area of
nonresidential uses in the building is less than 7,000 square feet. A media
production use that is not allowed by right may be approved only pursuant
to a use review.
(2) In the BMS Zoning District:
(A) Review Process: In the BMS zoning district, a media production use is
allowed by right if the use is not located on the ground floor facing a
street, with the exception of minimum necessary ground level access. A
media production use that is not allowed by right may be approved only
pursuant to a use review.
…
(v) Industrial Service Center:
(1) An industrial service center may be approved as a conditional use or pursuant to a
use review in the IG and IM zoning districts if the following standards are met:
(A) Site Review Required: The application for an industrial service center may
only be approved as part of a site review application under Section 9-2-14,
"Site Review," B.R.C. 1981. The minimum site review thresholds in
Paragraph 9-2-14(b)(1), B.R.C. 1981, shall not apply to an application for
an industrial service center. The following additional factors will be
considered in the site review process:
(i) The nonresidential uses are of the type and size for the service and
convenience of the employees of the surrounding area; and
(ii) The placement, design and character of the nonresidential use are
complementary to and compatible with the predominantly
industrial character of the area;
(B) Maximum Size of Property: The industrial service center shall not exceed
two acres in size. An industrial service center may be located on a
property that exceeds two acres in size;
(C) Location: The industrial service center shall be located at least one-quarter
of a mile from land that is zoned as a business district described in Section
9-5-2, "Zoning Districts," B.R.C. 1981, or from another industrial service
center;
(D) Restaurant Parking: Parking for industrial service centers shall meet the
minimum number of off-street parking spaces per square foot of floor area
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for nonresidential uses. The indoor and outdoor seating requirements of
Section 9-9-6(b), "Off-Street Parking Requirements," shall not be applied
to industrial service centers;
(E) Permitted Nonresidential Uses: Any use permitted in the underlying
zoning district classification may be permitted in an industrial service
center, provided that all of the requirements for such uses are met. The
additional permitted uses within an industrial service use, subject to size
restrictions, include the following:
Permitted Uses Restrictions
Office — professional 1,500 sq. ft. maximum per office use, and the
cumulative total of all office uses shall not exceed
20% of the total floor area of the industrial service
center
Office — medical and
dental
1,500 sq. ft. maximum per office use, and the
cumulative total of all office uses shall not exceed
20% of the total floor area of the industrial service
center
Personal service use 2,000 sq. ft. maximum per personal service use
Convenience retail use 2,500 sq. ft. maximum per convenience retail use
Retail 2,000 sq. ft. maximum per retail use
Financial institution 1,500 sq. ft. maximum per financial institution use
Restaurant Conditional use requirements for restaurants in
paragraph 9-6-5(e)(10) are not applicable
(F) Hours of Operation:
(i) Any use permitted in an industrial service center may operate daily
between the hours of 5:00 a.m. and 11:00 p.m.
(ii) No person shall operate any use in an industrial service center
between the hours of 11:00 p.m. and 5:00 a.m., unless the use is:
a. Approved through a use review process; and
b. Located more than five hundred feet from an adjacent
residential use or zone.
…
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(wt) Neighborhood Business Center:
…
(u) Personal Service Use:
(1) In the IG and IMS Zoning Districts:
(A) Review Process: In the IG and IMS zoning districts, personal service uses
are allowed by right if the use does not exceed 2,000 square feet of floor
area and is incorporated in a building with industrial, residential, or office
uses. Otherwise, the use is prohibited.
…
(xv) Drive-Thru Use:
…
(yw) Fuel Service Station:
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(zx) Principal Parking Facility:
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(aay) Sales or Rental of Vehicles:
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(bbz) Service of Vehicles:
Section 17. Section 9-6-6, “Specific Use Standards – Industrial Uses,” B.R.C. 1981, is
amended to read as follows:
9-6-6. Specific Use Standards – Industrial Uses.
…
(b) Manufacturing Use:
(1) In the MU-4 and BCS Zoning Districts:
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(A) Review Process: In the MU-4 and BCS zoning districts, manufacturing
uses are allowed by right with a maximum of 15,000 square feet of floor
area per lot or parcel and are otherwise prohibited.
(2) In the IS-1 and IS-2 Zoning Districts:
(A) Review Process: In the IS-1 and IS-2 zoning districts, manufacturing uses
are allowed by right with a maximum of 15,000 square feet of floor area
per lot or parcel. A manufacturing use that is not allowed by right may be
approved only pursuant to a use review.
(cb) General Manufacturing Uses with Potential Off-Site Impacts:
(1) General Standards: Any general manufacturing use approved pursuant to a use
review shall also meet the following standards:
All manufacturing uses with potential off-site impacts which may produce
effects on the environment that are measurable at or beyond the property
line, may be approved pursuant to a use review, provided that such uses
shall demonstrate that such effects are
(A) The applicant demonstrates that the use is not detrimental to the public
health, safety, or general welfare; and that a
(B) The applicant demonstrates that any noise, smoke, vapor, dust, odor, glare,
vibration, fumes, or other environmental contamination is controlled in
accordance with applicable city, state, or federal regulations; and that a
plan of control for the above effects on the environment and an estimate of
the measurement of each at the property lines is submitted at the time of
such use review application.
(c) Light Manufacturing:
(1) In the MU-4 and BCS Zoning Districts:
(A) Review Process: In the MU-4 and BCS zoning districts, light
manufacturing is allowed by right with a maximum of 15,000 square feet
of floor area per lot or parcel and is otherwise prohibited.
(2) In the IS-1 and IS-2 Zoning Districts:
(A) Review Process: In the IS-1 and IS-2 zoning districts, light manufacturing
is allowed by right with a maximum of 15,000 square feet of floor area per
lot or parcel. Light manufacturing that is not allowed by right may be
approved only pursuant to a use review.
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Section 18. Section 9-8-5, “Occupancy of Dwelling Units,” B.R.C. 1981, is amended to
read as follows:
9-8-5. - Occupancy of Dwelling Units.
…
(b) Attached Accessory Dwelling Unit, Detached Accessory Dwelling Unit, or Limited
Accessory Dwelling Unit: The occupancy of an attached accessory dwelling unit,
detached accessory dwelling unit, or limited accessory dwelling unit must meet the
requirements of Subsection 9-6-3(mn), B.R.C. 1981.
…
(d) Cooperative Housing License: A dwelling unit licensed as a cooperative housing unit
pursuant to Section 10-11-3 "Cooperative Housing Licenses," B.R.C. 1981, shall not be
subject to the occupancy limits or any exceptions as set forth in this section; and an
attached accessory dwelling unit or detached accessory dwelling unit licensed with such
dwelling unit as a cooperative housing unit shall not be subject to the occupancy
standards of Subparagraph 9-6-3(mn)(1)(A)(ii), "Occupancy Requirements," B.R.C.
1981. All such dwelling units together with any attached accessory dwelling unit or
detached accessory dwelling unit so licensed shall be limited to no fewer than four
occupants with the maximum number of occupants, without regard to whether the
occupants are related or not, as follows:
…
Section 19. Section 9-8-6, “Occupancy Equivalencies for Group Residences,” B.R.C.
1981, is amended to read as follows:
9-8-6. - Occupancy Equivalencies for Group Residences.
The permitted density/occupancy for the following uses shall be computed as indicated below.
The density/occupancy equivalencies shall not be used to convert existing uses referenced in
this section to dwelling units. The number of allowed dwelling units shall be determined by
using Section 9-8-1, "Schedule of Intensity Standards," B.R.C. 1981:
(a) Boarding or Rooming House, Fraternity, Sorority, or Dormitory: Accommodations for
three occupants in any boarding or rooming house, fraternity, sorority, or dormitory
constitute one dwelling unit.
(b) Hostel: Accommodations for three occupants in any hostel constitute one dwelling unit,
but the planning board may increase the density of a hostel to four occupants per
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dwelling unit through a use review as provided in Section 9-2-15, "Use Review," B.R.C.
1981.
(c) Custodial Care and Residential Care Facilities: The occupancy of a custodial care or a
residential care facility must meet the requirements of Subsection 9-6-3(ij), B.R.C. 1981.
(d) Group Home Facilities: The occupancy of a group home facility must meet the
requirements of Subsection 9-6-3(kl), B.R.C. 1981.
…
Section 20. Section 9-9-6, “Parking Standards,” B.R.C. 1981, is amended to read as
follows:
9-9-6. - Parking Standards.
…
TABLE 9-2: USE SPECIFIC MOTOR VEHICLE PARKING REQUIREMENTS FOR
RESIDENTIAL USES IN ALL ZONES
Use Parking Requirement
Roomers within a single-unit dwelling 1 space per 2 roomers
Residential developments in which 1-bedroom units
are 60 percent or more of the total
1.25 spaces per 1-bedroom unit
Rooming house, boarding house, fraternity, sorority,
group living, and hostels
2 spaces per 3 occupants
Efficiency living units, transitional housing 1 space per DU
Bed and breakfast 1 space per guest room + 1 space for operator or
owner's DU within building
Attached accessory dwelling unit, detached accessory
dwelling unit
The off-street parking requirement for the principal DU
must be met, plus any parking space required for the
accessory unit, see Subsection 9-6-3(mn), B.R.C. 1981
Group homes: residential, custodial, or congregate care Off-street parking appropriate to use and needs of the
facility and the number of vehicles used by its
occupants, as determined through review
Overnight shelter 1 space for each 20 occupants, based on the maximum
occupancy of the facility, plus 1 space for each
employee or volunteer that may be on site at any given
time computed on the basis of the maximum numbers
of employees and volunteers on the site at any given
time
Day shelter Use the same ratio as general nonresidential uses in the
zone
Emergency shelter 1 space for each 20 occupants, based on the maximum
occupancy of the facility, plus 1 space for each
employee or volunteer that may be on site at any given
time computed on the basis of the maximum numbers
of employees and volunteers on the site at any given
time, plus 1 space for each attached type dwelling unit
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Existing duplexes or multi-family dwelling units in the
RL-1 zoning district
Greater of 1.5 spaces per unit or number of sp aces
required when units were established
…
Section 21. Section 9-10-2, “Continuation or Restoration of Nonconforming Uses and
Nonstandard Buildings, Structures, and Lots,” B.R.C. 1981, is amended to read as follows:
9-10-2. - Continuation or Restoration of Nonconforming Uses and Nonstandard Buildings,
Structures, and Lots.
Nonconforming uses and nonstandard buildings and lots in existence on the effective date of
the ordinance which first made them nonconforming may continue t o exist subject to the
following:
…
(d) Drive-Thru Facilities: A drive-thru facility that was established prior to July 31, 1986, on
a property not abutting Canyon Boulevard in the DT zoning districts, and has not expired
pursuant to subsection (a) of this section, shall be considered a nonconforming use, and
may:
(1) Be renovated or remodeled, by improvements the cumulative total of which
increases the structure's fair market value by no more than twenty-five percent of
the value of the structure, without meeting the criteria for drive-thru uses in
Subsection 9-6-5(xv), B.R.C. 1981;
(2) Be renovated or remodeled by improvements the cumulative total of which
increases the facility's structure's fair market value by more than twenty-five
percent of the value of the structure; or be relocated on site if the development
meets the criteria for drive-thru uses in Subsection 9-6-5(xv), B.R.C. 1981; or
…
Section 22. Section 9-14-2, “General Provisions,” B.R.C. 1981, is amended to read as
follows:
9-14-2. - General Provisions.
A system of managing the issuance of residential building permits in the city is established
with the following general provisions:
(a) Building Permits: No building permit for the construction of a new dwelling unit may
be issued unless applied for in compliance with this chapter.
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(b) Allocations Needed: One allocation is needed to secure a building permit to construct
each dwelling unit, except as set forth below. The living quarters set forth below shall
require:
(1) One-half allocation for an efficiency living unit; one-third allocation for a group
residence; and one-sixth allocation or one-eighth allocation for each occupant for
a group care facility or a residential care facility respectively, according to the
density and occupancy restrictions of subsection 9-6-3(ij), B.R.C. 1981;
…
Section 23. 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:
…
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Accessory dwelling unit means a separate and complete single housekeeping unit within a
detached dwelling unit or within an accessory structure to the principal dwelling unit of
the lot or parcel upon which the unit is located, permitted under the provisions of
Subsection 9-6-3(mn), B.R.C. 1981.
…
Art or craft studiostudio or workshop means the workshop or studio of an artist, sculptor,
photographer, jeweler, potter, craftsperson, furniture maker, or cabinet maker, or other
artist or artisan primarily used for on-site production of unique custom goods by hand
manufacturing involving the use of hand tools and small-scale equipment, which may
include an accessory sales, lessons, and limited eventsgallery.
…
Attached accessory dwelling unit means a separate and complete single housekeeping
unit within a detached dwelling unit, permitted under the provisions of Subsection 9-6-
3(mn), B.R.C. 1981.
…
Brewery means a use with a manufacturer or wholesaler license issued under § 44-3-401,
et seq., C.R.S., and does not include any retail type liquor license under § 44-3-309, et seq.,
C.R.S., on the lot or parcel, that is primarily a manufacturing facility, where malt liquors
are manufactured on the premises, that may include a tap room that is less than or equal to
thirty percent of the total floor area of the facility or one thousand square feet, whichever
is greater.
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Broadcasting and recording facility means a studio for the purpose of broadcasting radio
or television or a studio for recording of live performances.
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Computer design and development facility means a business primarily engaged in the
development of, or engineering of, computer software or computer hardware, but excluding
retail sales, computer hardware manufacturers, and computer repair services.
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Data processing facility means a facility where electronic data is processed by employees,
including, without limitation, data entry, storage, conversion or analysis, subscription and
credit card transaction processing, telephone sales and order collection, mail order and
catalog sales, and mailing list preparation.
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Detached accessory dwelling unit means a separate and complete single housekeeping
unit within an accessory structure to the principal dwelling unit of the lot or parcel upon
which the unit is located that is permitted under the provisions of Paragraph 9-6-
3(mn)(3), B.R.C. 1981.
…
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General manufacturing means facilities for the manufacturing, fabrication, processing, or
assembly of products which may produce effects on the environment that are measurable
at or beyond the property line, provided that any noise, smoke, vapor, dust, odor, glare,
vibration, fumes, or other environmental contamination is regulated in accordance with
applicable city, state, or federal regulations.
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Industrial service center means nonresidential uses in an industrial district that are
constructed and operated in accordance with the standards in Section 9-6-5(v), B.R.C.
1981.
…
Light manufacturing means facilities for the manufacturing, fabrication, processing, or
assembly of products, provided that such facilities are completely enclosed and provided
that any noise, smoke, vapor, dust, odor, glare, vibration, fumes, or other environmental
contamination produced by such facility is confined to the lot upon which such facilities
are located and is regulated in accordance with applicable city, state, or federal
regulations. Light manufacturing may include a showroom or ancillary sales of products
related to the items manufactured on-site.
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Limited accessory unit means an existing nonconforming duplex or two detached
dwelling units located on the same lot and within the R1 use module that has been
approved in compliance with the standards in Section 9-6-3(mn)(4).
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Live-work unit means a structure with a combination of residential occupancy and
commercial or industrial activity as principal uses located within an integrated unit. This
use does not include home occupations or caretaker dwelling units. uses where work
activities occur as allowed in the industrial zoning districts and includes a dwelling unit for
the business occupant, but not including a caretaker dwelling unit. Such unit shall have
only one kitchen and shall be occupied by either the owner, the tenant, or the owner's or
tenant's employee plus any other persons that may be allowed to occupy a dwelling unit
pursuant to Section 9-8-5, "Occupancy of Dwelling Units," B.R.C. 1981. The live-work
unit must be the residence of a person responsible for the work performed on the premises.
…
Manufacturing use with potential off-site impacts means all research and development
facilities, testing laboratories and facilities for the manufacturing, fabrication, processing,
or assembly of products which may produce effects on the environment that are measurable
at or beyond the property line, provided that any noise, smoke, vapor, dust, odor, glare,
vibration, fumes, or other environmental contamination is controlled in accordance with
applicable city, state, or federal regulations.
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Manufacturing uses means research and development facilities, testing laboratories, and
facilities for the manufacturing, fabrication, processing, or assembly of products, provided
that such facilities are completely enclosed and provided that any noise, smoke, vapor,
dust, odor, glare, vibration, fumes, or other environmental contamination produced by such
facility is confined to the lot upon which such facilities are located and is controlled in
accordance with applicable city, state, or federal regulations.
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Media production means commercial arts and art-related establishments such as audio and
film recording and editing studios and services, film and video production, titling, special
effects production, motion picture and photograph processing, radio and television
broadcast, and similar uses.
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Medical laboratory means a facility that provides services to the medical community such
as pathological testing, dental services including the manufacturing of orthodontic
appliances, crowns, and dentures, and the manufacturing of prosthetics and orthopedic
appliances.
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Neighborhood business center means nonresidential uses in a residential district that are
constructed and operated in accordance with the standards of Subsection 9-6-5(wt),
B.R.C. 1981.
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Office uses means a use category characterized by uses providing executive, management,
medical, administrative, or professional, or technical services. Office uses may or may not
offer services to the public and are not materially involved in fabricating, assembling, or
warehousing of physical products for the retail or wholesale market, and are not engaged
in the repair of products or retail services. There is no display of merchandise, and the
storage and sale of merchandise is clearly incidental to the service provided.
Office, accessory means an office subordinate to, a necessary part of, and on the same lot
as the principal business, commercial, or industrial use, including, without limitation,
administrative, record-keeping, drafting, and research and development offices. An
accessory office is considered an accessory use.
Office, administrative means an office located within an industrial zoning district providing
management or administrative services to its affiliated industrial use or research and
development use. uses that are an equal or greater size, measured in floor area, of the
administrative office use located within the city's industrial zoning districts.
…
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Office, professional means offices of firms or organizations providing professional service
to individuals and businesses. Examples include, without limitation, accounting, legal,
insurance, real estate, investment, and counseling services. Client contact may occur
regularly at the office. Facilitated arrangements such as shared coworking spaces, typically
with membership fees, are included within this use. This use does not include technical,
medical, or administrative offices, or uses otherwise listed in the use table.
Office, technical means offices of businesses providing professional services in a technical
field. This use is characterized by activities that focus on science, technology, and design
services associated with the production of physical or digital goods. These establishments
primarily provide services to individuals or to other businesses. Examples include, without
limitation, accounting, legal, insurance, real estate, counseling, publisherspublishing,
architecture, engineering, graphic, industrial, and interior design, biotechnology or life
sciences, surveying, telecommunications, computer design and development, and data
processing. These establishments do not require customers or clients to visit the site; any
such visits are infrequent and incidental. Facilitated arrangements such as shared
coworking spaces, typically with membership fees, are included within this use. This use
does not include professional, medical, or administrative offices, or uses otherwise listed
in the use table.
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Research and development means a facility that engages in product or process design,
development, prototyping, or testing for an industry. Such industries may include but are
not limited to biotechnology, life sciences, pharmaceuticals, medical or dental
instruments or supplies, food, clothing, outdoor equipment, computer hardware or
software, or electronics. Facilities may also include laboratory, office, warehousing, and
light manufacturing functions as part of the research and development use.
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Telecommunications use means businesses primarily engaged in the design, development,
engineering, or provision of telecommunication access services but excluding retail sales,
manufacturing and repair, or installation services to customers.
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Section 24. Section 10-1-1, “Definitions,” B.R.C. 1981, is amended to read as follows:
10-1-1. - Definitions.[2]
(a) The following terms used in this title have the following meanings unless the context
clearly indicates otherwise:
…
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Accessory unit means an accessory unit permitted under Section 9-6-3(an), “Accessory
Units,” B.R.C. 1981.
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Section 25. Section 10-3-16, “Administrative Remedy,” B.R.C. 1981, is amended to read
as follows:
10-3-16. - Administrative Remedy.
(a) If the city manager finds that a violation of any provision of this chapter or Chapter 10-2,
"Property Maintenance Code," B.R.C. 1981, exists, the manager, after notice to the
operator and an opportunity for hearing under the procedures prescribed by Chapter 1-3,
"Quasi-Judicial Hearings," B.R.C. 1981, may take any one or more of the following
actions to remedy the violation:
(1) Impose a civil penalty according to the following schedule:
(A) For any violation in the following areas or of affordability standards: The
area south of Arapahoe Avenue, north of Baseline Road, east of 6th Street
and west of Broadway, the area south of Baseline Road, north of Table
Mesa Drive, east of Broadway and west of U.S. Route 36 and the area
south of Canyon Boulevard, north of Arapahoe Avenue, west of Folsom
Street and east of 15th Street or for any violation of affordability standards
for an affordable accessory unit approved under Subsection 9-6-3(an),
B.R.C. 1981:
…
Section 26. Section 10-3-19, “Short-Term Rentals,” B.R.C. 1981, is amended to read as
follows:
10-3-19. - Short-Term Rentals.
(a) Short-term rentals are prohibited unless the city manager has issued a valid short -term
rental license for the property.
…
(o) An accessory unit or a principal dwelling unit on a single-family lot or parcel with an
accessory unit may not be rented as a short-term rental unless all the following
requirements are met:
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(6) Notwithstanding the provisions of subsection (i), the occupancy of the accessory
unit and the principal dwelling unit must meet the requirements of Subsection 9-
6-3(an)(1), B.R.C. 1981; and
…
Section 27. Section 10-11-3, “Cooperative Housing Licenses,” B.R.C. 1981, is amended
to read as follows:
10-11-3. - Cooperative Housing Licenses.
(a) License terms shall be as follows:
…
(l) Any attached accessory dwelling unit or detached accessory dwelling unit to a
dwelling unit that is licensed pursuant to this chapter shall be part of the licensed
cooperative housing unit and subject to the standards of this chapter. The
occupants of the dwelling unit and accessory unit shall all be members of the
cooperative. While such units are licensed as a cooperative housing unit under
this chapter, neither the principal dwelling unit nor the accessory unit shall be
required to be owner-occupied as would otherwise be required under
Subparagraph 9-6-43(an)(1)(A)(i), "Owner-Occupied," B.R.C. 1981.
…
Section 28. This ordinance shall become effective on March 18, 2023. This ordinance shall
apply to any building permit, conditional use, use review, and site review applied for on or after
the effective date of this ordinance; however, any project for which a complete building permit,
site review, use review, or conditional use application has been submitted to the city or which has
received a site review, use review, or conditional use approval prior to the effective date of this
ordinance for a use inconsistent with the provisions of this ordinance will be permitted to establish
the proposed use under the use standards of Chapter 9-6, " Use Standards,” B.R.C. 1981, in effect
at the time the building permit, site review, use review, or conditional use application was
submitted to the city. Such applicants shall be required to pursue such development approvals and
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meet all requirements deadlines set by the city manager and the Boulder Revised Code necessary
to establish the proposed use. The applications for such project shall demonstrate compliance with
all applicable laws. An applicant may seek extensions of a development approval granted under
the use standards in effect prior to the effective date of this ordinance in accordance with the
standards of Subsection 9-2-12(b), “Extensions,” B.R.C. 1981, and any initial review under
Paragraph 9-2-12(b)(2), “Planning Board Level Extension,” B.R.C. 1981, shall not impose as an
additional condition compliance with the use standards adopted in this ordinance provided that all
other requirements of this Section 28 of this ordinance have been met. Any failure to meet
requirements of the city manager or this section of this ordinance will result in a denial of such
application. Any subsequent application shall meet the requirements in place at the time of such
subsequent application.
Section 29. If any section, paragraph, clause, or provision of this ordinance shall for any
reason be held to be invalid or unenforceable, such decision shall not affect any of the remaining
provisions of this ordinance.
Section 30. 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 31. The city council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 1st day of December 2022.
_____________________________
Aaron Brockett,
Mayor
Attest:
______________________________
Elesha Johnson,
City Clerk
READ ON SECOND READING AND CONTINUED this 15th day of December 2022.
____________________________
Aaron Brockett,
Mayor
Attest:
______________________________
Elesha Johnson,
City Clerk
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READ ON CONTINUED SECOND READING, AMENDED, AND PASSED this 2nd day
of February 2023.
____________________________
Aaron Brockett,
Mayor
Attest:
______________________________
Elesha Johnson,
City Clerk
READ ON THIRD READING, PASSED AND ADOPTED this 16th day of February 2023.
_____________________________
Aaron Brockett,
Mayor
Attest:
_____________________________
Elesha Johnson,
City Clerk