8581 - AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981; BY INCREASING THE LENGTH OF TIME AN APPROVAL OF LAND USE IS VALID AFTER DISCONTINUANCE TO THREE YEARS AND AUTHORIZING THE CITY MANAGER TO REESTABLISH LAND USE APPROVALS THAT MAY HAVE EXPIRED DURING T
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ORDINANCE 8581
AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,”
B.R.C. 1981, BY INCREASING THE LENGTH OF TIME AN
APPROVAL OF LAND USE IS VALID AFTER
DISCONTINUANCE TO THREE YEARS AND AUTHORIZING
THE CITY MANAGER TO REESTABLISH LAND USE
APPROVALS THAT MAY HAVE EXPIRED DURING THE
COVID 19 PANDEMIC; AND SETTING FORTH RELATED
DETAILS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Subsection 9-1-4(e), “Transitional Regulations,” B.R.C. 1981, is amended to
read as follows:
This section addresses the applicability of new substantive standards enacted by this title
to activities, actions and other matters that are pending or occurring as of the effective date of
this title.
. . .
(e) Existing Uses Subject to Specific Use Standards or That Require a Use Review or
Conditional Use Approval:
(1) Use Review or Conditional Use Approvals: Any previously approved use that was
established prior to the adoption of new regulations that make such use permitted
only pursuant to a conditional use or a use review shall be allowed to continue in
operation. Any change or expansion of a use that was established prior to the
adoption of new regulations that make such use permitted pursuant to a
conditional use or a use review shall be made in conformance with the applicable
standards for use review, conditional uses, or for changes or expansions to
nonconforming uses.
(2) Specific Use Standards: Any previously allowed use that was established prior to
the adoption of new regulations that make such use allowed subject to specific use
standards shall be allowed to continue in operation. Changes to a use that was
established prior to adoption of the new regulations that imposed specific use
standards shall be made in conformance with the applicable use standards or in
conformance with the applicable standards for changes or expansions to
nonconforming uses.
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(3) Discontinued Use: If active and continuous operations of a use subject to the
standards of paragraphs (e)(1) or (e)(2) of this section are not carried on for a
period of one three years, it shall thereafter be occupied and used by a use
meeting the requirements of this title, as required by Subsection 9-10-2(a), B.R.C.
1981.
. . .
Section 2. Subsection 9-2-2(d), “Administrative Review Procedures,” B.R.C. 1981, is
amended to read as follows:
. . .
(d) Conditional Uses:
(1) Purpose: Conditional uses are uses that are appropriate in a given zoning district if
the applicable specific use standards have been satisfied. The requirements are
intended to ensure that the use is compatible with the surrounding area.
(2) Standards and Criteria: Conditional uses shall be permitted in a given zoning
district if the use meets the standards and criteria set forth in Sections 9-6-2
through 9-6-7, B.R.C. 1981, and other requirements of this code and any other
ordinance of the city. The standards and criteria set forth in Sections 9-6-2
through 9-6-7, B.R.C. 1981, cannot be met by using the variance process.
Conditional uses shall not be located on nonstandard lots except as otherwise
permitted.
(3) Review: Conditional uses are reviewed pursuant to the administrative review
procedures set forth in this section. The applicant shall demonstrate to the city
manager that the applicable standards and criteria have been satisfied.
(4) Violations: No person shall violate a provision of a conditional use approval.
(5) Expiration: Any conditional use approval that is not established within one year of
its approval, discontinued for at least one three years, or replaced by another use
of land shall expire.
. . .
Section 3. Subsection 9-2-15(j), “Use Review,” B.R.C. 1981, is amended to read as
follows:
. . .
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(j) Expiration: Any use review approval or previously approved special review which is
discontinued for at least one three years shall expire. The city manager, upon a finding of
good cause, may grant an extension not to exceed six months from the original date of
expiration. In addition, use review approvals for oil and gas operations are subject to
expiration pursuant to the standards in Subsection (h) of this section.
. . .
Section 4. The City Council authorizes the city manager to authorize, approve, extend, or
otherwise allow to restart or to continue any land use approval made pursuant to Title 9, “Land
Use Code,” B.R.C. 1981, that may have expired due to the indirect effects of the COVID 19
pandemic that was discontinued on or after March 10, 2020 until December 31, 2024.
Section 5. This ordinance is necessary to protect the public health, safety, and welfare of
the residents of the city, and covers matters of local concern.
Section 6. The City Council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 15th day of June 2023.
__________________________________
Aaron Brockett,
Mayor
Attest:
__________________________________
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED this 20th day of
July 2023.
_________________________________
Aaron Brockett,
Mayor
Attest:
__________________________________
City Clerk