8590 - AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981, TO UPDATE THE USE TABLE AND USE1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE 8590
AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,”
B.R.C. 1981, TO UPDATE THE USE TABLE AND USE
STANDARDS RELATED TO WALKABLE NEIGHBORHOOD
CENTERS, INCLUDING CHANGES TO THE STANDARDS
FOR RESTAURANTS, BREWPUBS, AND TAVERNS WITHIN
THE BMS BUSINESS MAIN STREET DISTRICT AND
UNIVERSITY HILL GENERAL IMPROVEMENT DISTRICT;
AND SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. 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.
The schedule in Table 6-1 shows the uses that are permitted, conditionally permitted,
prohibited, or that may be permitted through use review.
…
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 - - [CA] 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] - [CA] 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] - - [CA] [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] - [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] [C] [C] [C][C] -- 9-6-3(a), (b), (g)
Mobile home park - U U - U U - - A - - - - - - - - - - - - - - -- --
Townhouse - A A A [A] A A A - [CA] A A A [A] - [A] - [A] A A A - [U] [U] [A] U - 9-6-3(a), (b), (h)
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)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A = Allowed | C = Conditional Use | U = Use Review | [ ] = Specific Use Standards Apply | - = Prohibited
Zoning District RR-1, RR-2, RE, RL-1 RL-2, RM-2 RM-1, RM-3 RMX-1 RMX-2 RH-1, RH-2, RH-4, RH-5 RH-3, RH-7 RH-6 MH MU-3 MU-1 MU-2 MU-4 BT-1, BT-2 BMS BC-1, BC-2 BCS BR-1, BR-2 DT-4 DT-5 DT-1, DT-2, DT-3 IS-1, IS-2 IG IM IMS P A Specific Use
Standards Use Module R1 R2 R3 R4 R5 R6 R7 R8 MH M1 M2 M3 M4 B1 B2 B3 B4 B5 D1 D2 D3 I1 I2 I3 I4 P A
9-6-2(c)
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)
Custodial care facility - - [U] [U] [U] [U] [U] [U] - [U] [U] [U] - [U] - [U] - [U] - [U] [U] - [U] [U] -- - 9-6-3(j)
Fraternity, sorority, and dormitory - - - - - A A - - U - - - [A] [A] [A] - [A] - - A - [U] [U] -- - 9-6-3(k)
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)
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)
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]- 9-6-3(m)
Residential Accessory
Accessory dwelling unit [A] [A] - [A] [A] - - - - - - - - - - - - - - - - - - -- [A] [A] 9-6-3(n)
Caretaker dwelling unit - - - - - - - - - - - - - - - - - - - - - A A A A A A
Home occupation [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] - [A] [A] [A] [A] [A] [A] [A] [A] [A] [A] 9-6-3(o)
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 - - - - - - - - - UA UA UA CA A [A] [A] A A [A] A A - U -U UA - 9-6-4(b)
9-6-2(c)
Governmental facility U U U U U U U U U UA UA UA A A A [A] A A A A A A A A A UA - 9-6-2(c)
Hospital - - - - - - - - - - - - - - - - - - - - - - - - -A -
Museum - - - - - - - - - -U -U -U A U A [A] A A A A A U U U U UA - 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)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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] [A] [CA] [A] [A] [A] [A] [A] - 9-6-5(e)
Recreation and Entertainment
Art 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 [A] [A] [A] [A] -- 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 -U
Small theater or rehearsal space - - - - - - - - - -U -U -U U -U U U U A U U U A A A A - -
Temporary event - - - - - - - - - -[C] -[C] -[C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C] [C][C] [C]-[C] 9-6-5(h)
Office Uses
Administrative office - - - - - - - - - - - - - - - - - - - - - - A A - - -
Medical office - U U U - U U - - [A] U[A] U[A] [A] [A] [A] [A] [A] [A] [A] A A - [C] -- U - 9-6-5(i), (j)
9-6-2(c)
Office - 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), (k)
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(m)
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(n)
Fuel sales - [U] [U] [U] - [U] [U] - - [U] [U] [U] [C] [U] [C] [C] [U] [C] - [U] [U] [C] [C] -[U] -- 9-6-5(o)
Retail sales - - - - - - - - - [UA] -[A] [UA] [A] -[A] [A] [A] A A A A [A] [A] [A] [A] [A] -- 9-6-5(p)
Service Uses
Animal hospital or veterinary clinic - - - - - - - - - -U -U -U U U U A U A - - U A A A A - -
Animal kennel - - - - - - - - - - - - U - U U A U - - - A A U A - -
Business support service - - - - - - - - - - - - [A] - [A] [A] A A A A A [A] U U [A] - - 9-6-5(q)
9-6-2(c)
Financial institution - - - - - - [A] - - [A] [A] [A] [A] U [A] [A] A A [A] [A] [A] - - -- -- 9-6-5(r)
9-6-2(c)
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 - - - - - - - - - -[A] -[A] [A]- -[A] -[A] -[A] U A U U U U A U -A - - 9-6-5(t)
Neighborhood business center - [U] [U] - - [U] [U] - - - - - - - - - - - - - - - - -- -- 9-6-5(tu)
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(uv)
Vehicle-Related
Car wash - - - - - - - - - - - - - - - U A U U U U - - -- --
Drive-thru use - - - - - - - - - - - - - - - [U] [U] [U] [U] [U] [U] - - -- -- 9-6-5(vw)
Fuel service station - - - - - - - - - - - - [U] [U] [U] [C] [U] [C] - [U] [U] [C] [C] -[U] -- 9-6-5(wx)
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(xy)
9-6-2(c)
Sales or rental of vehicles - - - - - - - - - - - - - - - [U] [A] [U] - - - [A] [A] -- -- 9-6-5(yz)
Service of vehicles - - - - - - - - - - - - [U] - [U] U [A] U - - - A A [A] A - - 9-6-5(zaa)
INDUSTRIAL USES
Storage, Distribution, and Wholesaling
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
Cold storage locker - - - - - - - - - - - - - - - - U U - - - A A A A - -
Outdoor display of merchandise - - - - - - - - - - - - - - - [A] - [A] - - - [A] [A] [A] [A] -- 9-6-6(a)
Outdoor storage - - - - - - - - - - - - - - - - - - - - - A U A - - -
Self-service storage facility - - - - - - - - - - - - - - - - - - - - - A U -- --
Warehouse or distributions facility - - - - - - - - - - - - - - - - - - - - - A A A A - -
Wholesale business - - - - - - - - - - - - A - - - - - - - - A A A A - -
Production and Processing
General manufacturing - - - - - - - - - - - - - - - - - - - - - - [U] [U] -- - 9-6-6(b)
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 -- --
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 2. 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.
…
(c)Duplex:
(1)In the BT-1, BT-2, IS-1, and IS-2 Zoning Districts:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(A)Review Process: In the BT-1, BT-2, IS-1, and IS-2 zoning districts, a
duplex is allowed by right if the use is not located on the ground floor
facing a street, with the exception of minimum necessary ground level
access. A duplex that is not allowed by right may be approved only
pursuant to a use review.
(21)In the BR-1 and BR-2 Zoning Districts:
(A)Review Process: In the BR-1 and BR-2 zoning districts, the following
review process applies to duplexes:
(i)Allowed Use: A duplex is allowed by right if the use meets the
following standards:
a.All units on the lot or parcel are permanently affordable
units meeting the requirements in Chapter 9-13,
"Inclusionary Housing," B.R.C. 1981; or
b.The use is not located on the ground floor along a major
street, as defined by Appendix A, "Major Streets," B.R.C.
1981, with the exception of minimum necessary ground
level access. The limitation on ground floor use along a
major street applies to a depth of 30 feet measured from the
building's major street facing façade.
(ii)Use Review: A duplex that is not allowed by right may be
approved only pursuant to a use review.
(32)In the IMS Zoning District:
(A)Review Process: In the IMS zoning district, a duplex is allowed by right if
at least fifty percent of the floor area of the building is for nonresidential
use. A duplex that is not allowed by right may be approved only pursuant
to a use review.
(d)Dwelling Unit, Attached:
(1)In the RH-6 Zoning District:
(A)In the RH-6 zoning district, attached dwelling units shall be located in a
development that includes townhouse dwelling units. Attached dwelling
units may only be located on a corner that has street frontage on two sides.
(2)In the BT-1, and BT-2, IS-1, and IS-2 Zoning Districts:
(A)Review Process: In the BT-1, and BT-2 , IS-1, and IS-2 zoning districts,
attached dwelling units are allowed by right if the use is not located on the
ground floor facing a street, with the exception of minimum necessary
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ground level access. Attached dwelling units that are not allowed by right
may be approved only pursuant to a use review.
…
(h)Townhouse:
(1)In BT-1, BT-2, IS-1, and IS-2 Zoning Districts:
(A)Review Process: In the BT-1, BT-2, IS-1, and IS-2 zoning districts, a
townhouse is allowed by right if the use is not located on the ground floor
facing a street, with the exception of minimum necessary ground level
access. A townhouse that is not allowed by right may be approved only
pursuant to a use review.
(21)In the BR-1 and BR-2 Zoning Districts:
(A)Review Process: In the BR-1 and BR-2 zoning districts, the following
review process applies to townhouses:
(i)Allowed Use: A townhouse is allowed by right if the use meets the
following standards:
a.All units on the lot or parcel are permanently affordable
units meeting the requirements in Chapter 9-13,
"Inclusionary Housing," B.R.C. 1981; or
b.The use is not located on the ground floor along a major
street, as defined by Appendix A, "Major Streets," B.R.C.
1981, with the exception of minimum necessary ground
level access. The limitation on ground floor use along a
major street applies to a depth of 30 feet measured from the
building's major street facing façade.
(ii)Use Review: A townhouse that is not allowed by right may be
approved only pursuant to a use review.
(32)In the IMS Zoning Districts:
(A)Review Process: In the IMS zoning district, a townhouse is allowed by
right if at least fifty percent of the floor area of the building is for
nonresidential use. A townhouse that is not allowed by right may be
approved only pursuant to a use review.
…
(o)Home Occupation:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(1)A home occupation is allowed by right if the accessory use meets the following
standards:
(A)Standards:
(i)Such use is conducted entirely within a principal or accessory
building and is not carried on by any person other than the
inhabitants living there.
(ii)Such use is clearly incidental and secondary to the residential use
of the dwelling and does not change the residential character
thereof.
(iii)The total area used for such purposes does not exceed one-half the
first floor area of the user's dwelling unit.
(iv)There is no change in the outside appearance of the dwelling unit
or lot indicating the conduct of such home occupation, including,
without limitation, advertising signs or displays.
(v)There is no on-site sale of materials or supplies except incidental
retail sales. Remote or virtual sales with no on-site consumer visits
are permitted.
(vi)There is no exterior storage of material or equipment used as a part
of the home occupation.
(vii)No equipment or process is used in such home occupation that
creates any glare, fumes, odors or other objectionable condition
detectable to the normal senses at the boundary of the lot if the
occupation is conducted in a detached dwelling unit, or outside the
dwelling unit if conducted in an attached dwelling unit.
(viii)No traffic is generated by such home occupation in a volume that
would create a need for parking greater than that which can be
accommodated on the site or which is inconsistent with the normal
parking usage of the district.
(B)Cottage Food and Fresh Produce Exception: A home occupation use
meeting the requirements of Chapter 6-17, "Cottage Foods and Fresh
Produce," B.R.C. 1981, is exempt from the requirements of Subparagraphs
(1)(A)(i), (iv), (v), (vi) and (vii) above. Gardens are exempt from
Subparagraph (iii) above. Such use shall be permitted as an allowed use in
all zoning districts in which a home occupation is permitted as a
conditional use.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(C)Identification and Contact Information: No person shall engage in a home
occupation unless such person has filed an affidavit with the city manager
affirming compliance with the standards of this subsectionobtained a
business license from the city, including identification and contact
information of the person operating the home occupation. No
administrative review pursuant to Section 9-2-2, "Administrative Review
Procedures," B.R.C. 1981, is required.
(D)Prohibitions: No person shall engage in a home occupation except in
conformance with all of the requirements of Paragraph (n)(1)(A) of this
section, except as provided in Paragraph (n)(1)(B) of this section.
Section 3. Section 9-6-4, “Specific Use Standards - Public and Institutional Uses,”
B.R.C. 1981, is amended to read as follows:
9-6-4. Specific Use Standards - Public and Institutional Uses.
…
(c)Specialized Instruction Facility:
…
(3)In the Industrial Zoning Districts:
(A)In the Industrial industrial zoning districts, a specialized instruction
facility is allowed by right for less than 20,000 square feet of floor area
per use. A specialized instruction facility that is not allowed by right may
be approved only pursuant to a use review.
…
Section 4. Section 9-6-5, “Specific Use Standards - Commercial Uses,” B.R.C. 1981, is
amended to read as follows:
9-6-5. Specific Use Standards - Commercial Uses.
…
(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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(2)Floor Area Measurement:
(A)When determining whether a restaurant, brewpub, or tavern meets the
maximum floor area requirements under this subsection, the applicant
shall include all areas inside the use measured to the inside surface of the
outside walls, except for floor area that is used exclusively for storage that
is located on another floor of the building.
(3)Standards for Outdoor Seating:
(A)Applicability: The following standards apply to any outdoor seating area
that is within 500 300 feet (measured from the perimeter of the subject
property) of a residential use modulezoning district: Outdoor seating areas
that are within the BMS, DT, and I zoning districts are also subject to the
provisions of Subparagraphs (e)(3)(A)(i), (ii), or (iii) of this section, when
applicable.
(i)Size Limitations: Outdoor seating areas shall not exceed the indoor
seating area or seating capacity of the restaurant or tavern.
(ii)Parking Required: Parking in compliance with Section 9-9-6,
"Parking Standards," B.R.C. 1981, shall be provided for all
outdoor seating areas except those located in general improvement
districts.
(iiii)Music: Exterior amplified sound and live music are prohibited
prior to 10 a.m. and after 11 p.m. No outdoor music or
entertainment shall be provided after 11 p.m.
(ivii)Sound Levels: The outdoor seating area shall not generate noise
exceeding the levels permitted in Chapter 5-9, "Noise," B.R.C.
1981.
(viii)Trash: All trash located within the outdoor seating area, ; on the
restaurant, brewpub, or tavern property, ; and on adjacent streets,
sidewalks, and properties shall be picked up and properly disposed
of or stored inside the building immediately after closing. No trash
or recycling shall be disposed of in any outdoor dumpster or
receptacle between the hours of 10 p.m. and 7 a.m. the next day.
(4)In the RH-3 and RH-7 Zoning Districts:
(A)In the RH-3 and RH-7 zoning districts, restaurants, brewpubs, and taverns
are allowed by right if the use meets the following standards, and are
otherwise prohibited:
(i)The use has a maximum floor area of 12,000 square feet; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(ii)Total outdoor seating area is not more than 350 square feet; and
(iii)The use closes no later than 11:00 p.m.
(5)In the MU-2 and, MU-3, MU-4, BT-1, BT-2, BMS, DT-1, DT-2, and DT-3
Zoning Districts:
(A)Review Process: In the MU-2 and, MU-3, MU-4, BT-1, BT-2, BMS, DT-
1, DT-2, and DT-3 zoning districts, the following review process applies
to restaurants, brewpubs, and taverns:
(i)Allowed Use: Restaurants, brewpubs, and taverns are allowed by
right if the use meets the following standards:
a.The use has a maximum floor area of 14,000 square feet;
and
b.Total outdoor seating area is not more than 350 square feet;
and
cb. The use closes no later than 11:00 p.m.
(ii)Use Review: Restaurants, brewpubs, and taverns that are not
allowed by right may be approved only pursuant to a use review.
In the BMS, DT-1, DT-2, and DT-3 zoning districts, restaurants,
brewpubs, and taverns approved pursuant to a use review are
subject to the following standard:
a.Good Neighbor Meetings and Management Plans Required:
Owners and operators of restaurant, brewpub, and tavern
uses shall organize and participate in a meeting with the
surrounding property owners pursuant to Section 9-2-4,
"Good Neighbor Meetings and Management Plans," B.R.C.
1981.
(6)In the MU-4 Zoning District:
(A)Review Process: In the MU-4 zoning district, the following review process
applies to restaurants, brewpubs, and taverns:
(i)Allowed Use: Restaurants, brewpubs, and taverns are allowed by
right if the use meets the following standards:
a.The use has a maximum floor area of 1,500 square feet;
b.Total outdoor seating area is not more than 500 square feet;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
c.Any outdoor seating area located within 500 feet of a
residential zoning district does not exceed 300 square feet;
and
d.The use closes no later than 11 p.m.
(ii)Use Review: Restaurants, brewpubs, and taverns that are not
allowed by right may be approved only pursuant to a use review.
(7)In the BMS Zoning District:
(A)Review Process Outside UHGID: In the BMS zoning district, the
following review process applies to restaurants, brewpubs, and taverns
located outside the University Hill general improvement district:
(i)Allowed Use: Restaurants, brewpubs, and taverns are allowed by
right if the use meets the following standards:
a.The use has a maximum floor area of 1,500 square feet; and
b.Total outdoor seating area is not more than 500 square feet;
c.Any outdoor seating area located within 500 feet of a
residential zoning district does not exceed 300 feet; and
d.The use closes no later than 11 p.m.
(ii)Use Review: Restaurants, brewpubs, and taverns that are not
allowed by right may be approved only pursuant to a use review,
subject to the following standard:
a.Good Neighbor Meetings and Management Plans Required:
Owners and operators of restaurant, brewpub, and tavern
uses shall organize and participate in a meeting with the
surrounding property owners pursuant to Section 9-2-4,
"Good Neighbor Meetings and Management Plans," B.R.C.
1981.
(B)Review Process Within UHGID:
(i)Conditional Use: In the BMS zoning district, restaurants,
brewpubs, and taverns located within the University Hill general
improvement district may be approved only as a conditional use
provided they meet following standards:
a.Meeting With Surrounding Property Owners Required:
Restaurant, brewpub, and tavern owners and operators shall
organize and participate in a good neighbor meeting with
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the surrounding property owners pursuant to Section 9-2-4,
"Good Neighbor Meetings and Management Plans," B.R.C.
1981.
b.Preparation and Distribution of a Proposed Management
Plan: The owner or operator shall prepare a proposed
management plan, pursuant to Section 9-2-4, "Good
Neighbor Meetings and Management Plans," B.R.C. 1981,
and present it to the surrounding property owners at the
neighbor meeting.
c.Size of Establishment: Restaurants, brewpubs, and taverns
shall not exceed four thousand square feet in size.
d.Hours of Operation: Restaurants, brewpubs, and taverns
shall close no later than 11 p.m. unless the establishment is
operated without a liquor license.
e.Outdoor Seating Areas: Outdoor patio service shall cease
no later than 11 p.m. and, when applicable, shall comply
with the requirements of Paragraph (e)(3) of this section.
f.Trash, Recyclables, and Compostables: If the use is located
within 500 feet of a residential zoning district, trash,
recyclables, and compostables shall not be collected
between the hours of 10:30 p.m. and 7:30 a.m.
g.Food Service in Brewpubs and Taverns: In brewpubs and
taverns, snacks shall be offered and available for
consumption on the premises during all business hours.
h.Food Service in Restaurants: In restaurants:
1.A food preparation area shall be in operation on the
premises during all business hours, and solid food,
prepared in the food preparation area, shall be
offered and available for consumption on the
premises during all business hours; and
2.Not less than fifty percent of the gross income from
sales of food and drink of the establishment over
any thirty-day period of time must be from sales of
food; receipts of all sources of income showing the
name of the establishment, the date of sale, a
description of each item sold, and the price paid for
each item sold shall be retained for one year and
must be provided to the city manager within seven
days of request.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(8)In the BC-1, BC-2, BCS, BR-1, BR-2, DT-4, and DT-5 Zoning Districts:
(A)Review Process: In the BC-1, BC-2, BCS, BR-1, BR-2, DT-4, and DT-5
zoning districts, restaurants, brewpubs, and taverns are allowed by right
unless any outdoor seating area that is located within 500 feet of a
residential zoning district is 300 feet or more in size. A restaurant,
brewpub, or tavern that is not allowed by right may be approved only
pursuant to a use review.
(9)In the DT-1, DT-2, and DT-3 Zoning Districts:
(A)Applicability: In the DT-1, DT-2, and DT-3 zoning districts, the following
applies to restaurants, brewpubs, and taverns:
(i)Review Process:
a.Conditional Use: Restaurants, brewpubs, and taverns may
be approved as a conditional use if the use meets the
following standards:
1.The use has a maximum floor area of 1,500 square
feet;
2.Total outdoor seating area is not more than 500
square feet;
3.Any outdoor seating area located within 500 feet of
a residential zoning district does not exceed 300
feet; and
4.The use closes no later than 11 p.m.
b.Use Review: Restaurants, brewpubs, and taverns that may
not be approved as a conditional use may be approved only
pursuant to a use review.
(ii)General Standard: Owners and operators of restaurant, brewpub,
and tavern uses that may be approved as a conditional use or
pursuant to a use review must organize and participate in a meeting
with the surrounding property owners pursuant to Section 9-2-4,
"Good Neighbor Meetings and Management Plans," B.R.C. 1981.
(106)In the Industrial Zoning Districts:
(A)Brewpubs and Taverns: Brewpubs and taverns are prohibited in the
Industrial industrial zoning districts.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(B)Restaurants: In the industrial zoning districts, the following applies to
restaurants:
(i)Review Process: 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.
…
(h)Temporary Event:
(1)Temporary events may be approved as a conditional use if the following standards
are met:
(A)Such uses are temporary and limited to two consecutive weeks14 days in
any three-month period, unless otherwise approved by the city manager;
(B)Such uses conducted from movable structures or upon vacant lots shall
submit a site plan, including, without limitation, the location, setback from
property line, screening, sign and fence locations, if applicable, and
electric meter locations or power source;
(C)Applicants shall obtain the appropriate sales tax license and, if applicable,
temporary fence permits;
(D)All exterior areas used for such uses and the lot or parcel that such uses
occur upon shall meet the bulk requirements of Section 9-7-1, "Schedule
of Form and Bulk Standards," B.R.C. 1981;
(E)Such uses may not adversely affect the required parking or result in unsafe
conditions or unacceptable levels of congestion;
(F)Upon termination of the use and on days for which no event is
approvedpursuant to Subparagraph (h)(1)(A) of this section, the lot or
parcel shall be returned substantially to its original condition unless
otherwise approved by the city manager. All litter, fences, borders, tie-
down materials, and other items associated with the temporary sale event
shall be promptly removed. Unless otherwise approved by the city
manager, "promptly," as used in this subparagraph, shall mean within five
days;
(G)Temporary sales events shall only be conducted by the owner or lessee of
the property or with the permission of the owner or lessee of the property
on which it is conducted and only in conjunction with the principal use of
the property; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(H)In the P zoning district, temporary sales are prohibited.
(IH) Prohibitions: No person shall sell merchandise or services from a motor
vehicle, trailer, mobile home, or tent upon any public or private property,
including, without limitation, lots, or portions thereof that are vacant or
used for parking except as provided in this section.
…
(j)Medical Office:
(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
medical office is allowed by right if the floor area of the use does not
exceed 5,000 square feetat least fifty percent of the floor area of the
building is for residential uses and the total floor area of nonresidential
uses in the building is less than 7,000 square feet. A medical office that is
not allowed by right may be approved only pursuant to a use review.
…
(k)Office:
(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 office is allowed by right if the floor area of the use does not
exceed 5,000 square feet 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 office that is not
allowed by right may be approved only pursuant to a use review.
…
(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 the floor
area of the use does not exceed 5,000 square feetat 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
…
(m)Building Material Sales:
…
(2)In the Industrial Zoning Districts:
(A)Review Process: In the Industrial industrial zoning districts, building
material sales uses are allowed by right for 15,000 square feet or less of
floor area per lot or parcel. Building material sales that are not allowed by
right may be approved only pursuant to a use review.
(n)Convenience Retail Sales:
(1)In the RL-2, RM-2, RM-1, RM-3, and RMX-1 Zoning Districts:
(A)In the RL-2, RM-2, RM-1, RM-3, and RMX-1 zoning districts,
convenience retail sales that may be approved pursuant to a use review
shall not exceed 2,000 square feet in floor area per lot or parcel.
Otherwise, the use is prohibited.
(2)In the RH-3, RH-7, and MU-1, MU-2, and MU-3 Zoning Districts:
(A)Review Process: In the RH-3, RH-7, MU-1, and MU-2, and MU-3 zoning
districts, convenience retail sales are allowed by right if the floor area of
the use does not exceed for 2,000 square feet or less of floor area per lot or
parcel. Convenience retail sales that are not allowed by right may be
approved only pursuant to a use review.
(3)In the MU-1 and MU-3 Zoning Districts:
(A)Review Process: In the MU-1 and MU-3 zoning districts, the following
review process applies to convenience retail sales:
(i)Allowed Use: Convenience retail sales are allowed by right if they
meet the following standards:
a.The use is 2,000 square feet or less in floor area of the
building; or
b.If the use is greater than 2,000 square feet of floor area, the
cumulative floor area of nonresidential uses in the building
is less than 7,000 square feet, and at least fifty percent of
the building's floor area is for residential uses.
(ii)Use Review: Convenience retail sales that are not allowed by right
may be approved only pursuant to a use review.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
…
(p)Retail Sales:
(1)In the MU-1, BT-1, and BT-2 Zoning Districts:
(A)Review Process: In the MU-1, BT-1, and BT-2 zoning districts, retail sales
are allowed by right if the floor area of the use does not exceed 2,000
square feet. Retail sales that are not allowed by right may be approved
only pursuant to a use review.
(12)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 revieware allowed by right if the floor
area of the use does not shall not exceed 5,000 square feet in floor area
per individual use. Otherwise, the use is prohibitedRetail sales that are not
allowed by right may be approved only pursuant to a use review.
…
(q)Business Support Service:
(1)In the MU-4, BMS, IS-1, IS-2, and IMS Zoning Districts:
(A)Review Process: In the MU-4, BMS, IS-1, IS-2, and IMS zoning districts,
a business support service uses areis allowed by right if the floor area of
the use is uses are less than 10,000 square feet of floor area per lot or
parcel. A business support service that is not allowed by right may be
approved only pursuant to a use review.
(r)Financial Institution:
(1)In the RH-3, RH-7, MU-1, MU-2, and MU-3 Zoning Districts:
(A)Review Process: In the RH-3, RH-7, MU-1, MU-2, and MU-3 zoning
districts, a financial institution is allowed by right if the floor area of the
use does not exceed 5,000 square feetat least fifty percent of the floor area
of the building is for residential uses and the total floor area of
nonresidential uses in the building is less than 7,000 square feet. A
financial institution that is not allowed by right may be approved only
pursuant to a use review.
…
(s)Media Production:
(1)In the MU-1, MU-2, and MU-3 Zoning Districts:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(A)Review Process: In the MU-1, MU-2, and MU-3 zoning districts, a media
production use is allowed by right if the floor area of the use does not
exceed 5,000 square feetat 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.
…
(t)Non-Vehicular Repair and Rental Service
(1)In the MU-1, MU-2, MU-3, MU-4, BT-1, BT-2, and BMS Zoning Districts:
(A)Review Process: In the MU-1, MU-2, MU-3, MU-4, BT-1, BT-2, and
BMS zoning districts, a non-vehicular repair and rental service is allowed
by right if the floor area of the use does not exceed 5,000 square feet. A
non-vehicular repair and rental service that is not allowed by right may be
approved only pursuant to a use review.
(tu) Neighborhood Business Center:
…
(uv) Personal Service Use:
…
(vw) Drive-Thru Use:
…
(wx) Fuel Service Station:
…
(xy) Principal Parking Facility:
…
(yz) Sales or Rental of Vehicles:
…
(zaa) Service of Vehicles:
…
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 5. 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 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 5 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 6. 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 7. 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 8. 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.
INTRODUCED, READ ON FIRST READING, AND CONTINUED this 19th day of
October 2023.
_____________________________
Aaron Brockett,
Mayor
Attest:
______________________________
Elesha Johnson,
City Clerk
READ ON CONTINUED FIRST READING, AND ORDERED PUBLISHED BY TITLE
ONLY this 2nd day of November 2023.
_____________________________
Aaron Brockett,
Mayor
Attest:
______________________________
Elesha Johnson,
City Clerk
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
READ ON SECOND READING, PASSED AND ADOPTED this 16th day of November
2023.
_____________________________
Aaron Brockett,
Mayor
Attest:
_____________________________
Emily Richardson,
Deputy City Clerk