8620 - AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981, TO FIX ERRORS, CLARIFY EXISTING CODEK:\PLCU\o-8620 2nd rdg Title 9 Clean-Up-.docx
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ORDINANCE 8620
AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,”
B.R.C. 1981, TO FIX ERRORS, CLARIFY EXISTING CODE
SECTIONS, UPDATE GRAPHICS, AND IMPROVE THE
CLARITY OF THE CODE, 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:
(1) Review and decide at the request of any interested person any question of
interpretation by the city manager of Chapters 9-6, "Use Standards," 9-7,
"Schedule of Form and Bulk Standards," and 9-8, "Intensity Standards," B.R.C.
1981;
(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(n) B.R.C. 1981;
(3) Hear and decide applications for exceptions under the solar access ordinance,
Section 9-9-17, "Solar Access," B.R.C. 1981;
(4) Hear and decide to grant or deny applications for variances, and to hear and
decide appeals of orders from the city manager under the sign code, Section 9-9-
21, "Signs," B.R.C. 1981;
(5) Sit as the Board of Building Appeals pursuant to Section 2-3-4, "Board of
Building Appeals," B.R.C. 1981; and
(6) Hear and decide such other matters as the city council may by ordinance provide.
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Section 2. Section 6-14-2, “Definitions,” B.R.C. 1981, is amended to read as follows:
6-14-2. Definitions.
The following words and phrases used in this chapter have the following meanings unless the
context clearly indicates otherwise:
…
Mixed -use development means a building, or a project, or a development, which may consist of
one or multiple lots or parcels, that contains one or more nonresidential uses and one or more
dwelling units in any zone district.
…
Produce or production means: (i) combining marijuana with any other substance for distribution,
including storage and packaging for resale; or (ii) preparing, compounding, processing,
encapsulating, packaging, or repackaging, labeling, or relabeling of marijuana or its derivatives,
whether alone or mixed with any amount of any other substance. Production shall not include
packaging or repackaging, labeling, or relabeling of a usable form of marijuana if no production
has occurred and such packaging and labeling qualify as cultivation.
Residential zone district means any district in the residential classification of Table 5-1 in
Section 9-5-2, B.R.C., 1981
Restricted area means the portion of a medical marijuana business location within which the
licensee defines on its application it intends to cultivate, distribute, possess, or produce medical
marijuana and which area is clearly identified as the restricted area on the floor plan submitted
with the medical marijuana business license application for the business.
…
Section 3. 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 issued 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 premises.
…
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(c) No Medical Marijuana Business in Building with Residences or Residential Zone
Districts. It shall be unlawful to operate a medical marijuana business in a building which
contains a residence, or within a dwelling unit within any zone district, or within a
residential zone district, or within a mixed -use development that includes a residence.
This restriction shall not apply to a medical marijuana wellness center that had submitted
an application or held a license from the city on October 22, 2013.
…
Section 4. Section 6-16-2, “Definitions,” B.R.C. 1981, is amended to read as follows:
6-16-2. Definitions.
The following words and phrases used in this chapter have the following meanings unless the
context clearly indicates otherwise:
…
Mixed use development means a building, or a project, or a development, which may consist of
one or multiple lots or parcels, that contains one or more nonresidential uses and one or more
dwelling units in any zone district.
…
Recreational marijuana plant means a marijuana seed that is germinated and all parts of the
growth therefrom, including, without limitation, roots, stalks, and leaves, so long as the flowers,
roots, stalks, and leaves are all connected and in a growing medium. Recreational marijuana
plant shall include immature plants except where specifically excepted in this code. For purposes
of this chapter, any part of the plant removed is considered harvested and no longer part of a
recreational marijuana plant, but marijuana.
Residential zone district means any district in the residential classification of Table 5-1 in
Section 9-5-2, B.R.C., 1981
Restricted area means the portion of a recreational marijuana business premises within which the
licensee defines on its application it intends to cultivate, distribute, possess, or produce
recreational marijuana and which area is clearly identified as the restricted area on the floor plan
submitted with the recreational marijuana business license application for the business.
…
Section 5. Section 6-16-5, “Application; Modification of Premises,” B.R.C. 1981, is
amended to read as follows:
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6-16-5. Application; Modification of Premises.
(a) Application Requirements. An application for a recreational marijuana business license
shall be made to the city on forms provided by the city manager for that purpose. The
applicant shall use the application to demonstrate its compliance with this chapter and
any other applicable law, rule, or regulation. In addition to the information required by
Chapter 4-1, "General Licensing Provisions," B.R.C. 1981, the application shall include
the following information:
…
(9) A zoning confirmation form from the city, to ascertain within a radius of one-
quarter mile from the boundaries of the property upon which the recreational
marijuana business is located, the proximity of the property to any school or other
facility identified in this chapter, or state licensed child care center, to any other
marijuana business or to any residential zone district or a mixed- use development
containing one or more residences.
…
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 issued 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.
…
(c) No Recreational Marijuana Business in Building With Residences or Residential Zone
Districts. It shall be unlawful to operate a recreational marijuana business in a building
which contains a residence, or within a dwelling unit within any zone district, or within a
residential zone district, or within a mixed -use development that includes a residence.
…
Section 7. Section 9-2-1, “Types of Reviews,” B.R.C. 1981, is amended to read as
follows:
9-2-1. Types of Reviews.
(a) Purpose: This section identifies the numerous types of administrative and development
review processes and procedures. The review process for each of the major review types
is summarized in Table 2-1 of this section.
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(b) Summary Chart:
TABLE 2-1: REVIEW PROCESSES SUMMARY CHART
I. ADMINISTRATIVE REVIEWS II. DEVELOPMENT REVIEW AND BOARD
ACTION
Affordable housing design review pursuant to
Section 9-13-4, B.R.C. 1981
Building permits
Change of address
Change of street name
Conditional uses, as noted in Table 6-1: Use Table
Demolition, moving, and removal of buildings
with no historic or architectural significance, per
Section 9-11-23, "Review of Permits for
Demolition, On-Site Relocation, and Off-Site
Relocation of Buildings Not Designated," B.R.C.
1981
Easement vacation
Extension of development approval/staff level
Landmark alteration certificates (staff review per
Section 9-11-14, "Staff Review of Application for
Landmark Alteration Certificate," B.R.C. 1981)
Landscape standards variance
Minor modification to approved site plan
Minor modification to approved form-based code
review
Noise barriers along major streets per Paragraph
9-9-15(c)(7), B.R.C. 1981
Nonconforming use (extension, change of use
(incl. parking))
Parking deferral per Subsection 9-9-6(e), B.R.C.
1981
Parking reduction of up to fifty 25 percent per
Subsection 9-9-6(f), B.R.C. 1981
Annexation/initial zoning
BOZA variances
Concept plans
Demolition, moving, and removal of buildings
with potential historic or architectural
significance, per Section 9-11-23, "Review of
Permits for Demolition, On-Site Relocation, and
Off-Site Relocation of Buildings Not Designated,"
B.R.C. 1981
Form-based code review
Geophysical exploration permit
Landmark alteration certificates other than those
that may be approved by staff per Section 9-11-
14, "Staff Review of Application for Landmark
Alteration Certificate," B.R.C. 1981
Lot line adjustments
Lot line elimination
Minor Subdivisions
Out of city utility permit
Rezoning
Site review
Subdivisions
Use review
Vacations of street, alley, or access easement
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Parking reductions and modifications for bicycle
parking per Paragraph 9-9-6(g)(6), B.R.C. 1981
Parking stall variances
Public utility
Rescission of development approval
Revocable permit
Right-of-way lease
Setback variance
Site access variance
Solar exception
Zoning verification
Section 8. 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
manager interpretations of this title may be appealed to BOZA and establishes a process
for such appeals.
…
(c) Administrative Variances: The city manager may grant a variance from:
…
(8) The city manager may also grant variances or refer variance requests to the
BOZA to allow development not in conformance with the provisions of this title
which otherwise would result in a violation of federal or state legislation or
regulation, including but not limited to the Federal Fair Housing Act or the
Americans with Disabilities Act.
Section 9. Section 9-2-14, “Site Review,” B.R.C. 1981, is amended to read as follows:
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9-2-14. Site Review.
(a) Purpose: The purpose of site review is to allow flexibility in design, to encourage
innovation in land use development, to promote the most appropriate use of land, to
improve the character and quality of new development, to facilitate the adequate and
economical provision of streets and utilities, to preserve the natural and scenic features of
open space, to ensure compatible architecture, massing and height of buildings with
existing, approved, and known to be planned or projected buildings in the immediate
area, to ensure human scale development, to promote the safety and convenience of
pedestrians, bicyclists and other modes within and around developments and to
implement the goals and policies of the Boulder Valley Comprehensive Plan and other
adopted plans of the community. Review criteria are established to achieve the following:
…
(c) Modifications to Development Standards: The following development standards of
B.R.C. 1981 may be modified under the site review process set forth in this section:
(1) 9-7-1, "Schedule of Form and Bulk Standards" and standards referred to in that
section except that the standards referred to as "FAR Requirements" may not be
modified under this paragraph and are subject to Section 9-8-2, B.R.C. 1981, and
the maximum height or conditional height for principal buildings or uses may be
modified only as permitted in Paragraph 9-2-14(b)(1)(E), B.R.C. 1981.
…
(20) 9-9-17, "Solar Access."," provided the modification meets the exception criteria
in Paragraph 9-9-17(f)(6).
…
(d) Application Requirements: An application for approval of a site plan may be filed by any
person having a demonstrable property interest in land to be included in a site review on a
form provided by the city manager that includes, without limitation:
(1) All materials and information required by Subsection 9-2-6(a), B.R.C. 1981;.
(2) A site plan with a north arrow showing the major details of the proposed
development, prepared on a scale of not less than one inch equals one hundred
feet providing sufficient detail to evaluate the features of the development
required by this section. The site plan shall contain, insofar as applicable, the
information set forth in this subsection;.
(3) The existing topographic character of the land, showing contours at two-foot
intervals;.
(4) The site and location of proposed uses with dimensions indicating the distance
from lot lines;.
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(5) The location and size of all existing and proposed buildings, structures and
improvements, and the general location of adjacent streets, structures and
properties;.
(6) The maximum height of all buildings and building elevations showing exterior
colors and materials;.
(7) The density and type of uses;.
(8) The internal traffic and circulation systems, off-street parking areas, service areas,
loading areas and major points of access to public rights-of-way;.
(9) The location, height and size of proposed signs, lighting and advertising devices;.
(10) The areas that are to be conveyed, dedicated or reserved as parks, recreation areas,
playgrounds, outlots or open space and as sites for schools and other public
buildings;.
(11) The areas that are to be conveyed, dedicated or reserved for streets, alley and
utility easements;.
(12) The areas subject to the one hundred-year flood as defined in Chapter 9-16,
"Definitions," B.R.C. 1981, and any area of the site that is within a designated
space conveyance zone or high hazard zone;.
(13) A general landscaping plan at the time of initial submission to be followed by a
detailed landscaping plan prior to or as a condition of approval, showing the
spacing, sizes, specific types of landscaping materials, quantities of all plants and
whether the plant is coniferous or deciduous. All trees with a diameter of six
inches and over measured fifty-four inches above the ground on the property or in
the landscape setback of any property adjacent to the development shall be shown
on the landscaping plan.
(14) A shadow analysis depicting shadows on December 21, as described in the solar
analysis instructions provided by the city manager, and depicting shadows
calculated pursuant to Subsection 9-9-17(d), B.R.C. 1981, for those buildings that
affect adjacent properties;.
(15) A written statement containing the following information:
(A) A statement of the current ownership and a legal description of all of the
land included in the project;
(B) An explanation of the objectives to be achieved by the project, including,
without limitation, building descriptions, sketches or elevations that may
be required to describe the objectives;
(C) A development schedule indicating the approximate date when
construction of the project or phases of the project can be expected to
begin and be completed; and
(D) Copies of any special agreements, conveyances, restrictions or covenants
that will govern the use, maintenance and continued protection of the
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goals of the project and any related parks, recreation areas, playgrounds,
outlots or open space;.
(16) Materials required by the City of Boulder Design and Construction Standards,
including, without limitation, a traffic study, master utility plan, utility report and
storm water report and plan for any application that proposes to construct or have
an impact on public improvements; and.
…
(h) Criteria: No site review application shall be approved unless the approving agency finds
that the project is consistent with the following criteria:
…
(2) Site Design Criteria: The project creates safe, convenient, and efficient
connections for all modes of travel, promotes safe pedestrian, bicycle, and other
modes of alternative travel with the goal of lowering motor vehicle miles traveled.
Usable open space is arranged to be accessible; designed to be functional,
encourage use, and enhance the attractiveness of the project; and meets the needs
of the anticipated residents, occupants, tenants, and visitors to the project.
Landscaping aesthetically enhances the project, minimizes use of water, is
sustainable, and improves the quality of the environment. Operational elements
are screened to mitigate negative visual impacts. In determining whether this is
met, the approving agency will consider the following factors:
…
(B) Open Space:
…
(iii) If the project includes more than 50 dwelling units, including the
addition of units that causes a project to exceed this threshold, and
is more than one mile walking distance to a public park with any of
the amenities described herein, at least 30 percent of the required
outdoor open space is designed for active recreational purposes.
Section 10. Section 9-2-17, “Annexation Requirements,” B.R.C. 1981, is amended to
read as follows:
9-2-17. Annexation Requirements.
(a) Compliance With State Statutes and Boulder Valley Comprehensive Plan: All
annexations to the city shall meet the requirements of § 31-12-101 et seq., C.R.S., and
shall be consistent with the Boulder Valley Comprehensive Plan and other ordinances of
the city.
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(b) Conditions: No annexation of land to the city shall create an unreasonable burden on the
physical, social, economic, or environmental resources of the city. The city may
condition the annexation of land upon such terms and conditions as are reasonably
necessary to ensure that this requirement is met. Such terms and conditions may include,
without limitation, installation of public facilities or improvements, dedication of land for
public improvements, payment of fees incidental to annexation, or covenants governing
future land uses. In annexations of hillside areas, the city council may impose conditions
designed to mitigate the effects of development on lands containing slopes of fifteen
percent or greater. In annexations of more than ten acres, the applicant shall provide the
information necessary to enable the city to prepare an annexation impact report when
required by § 31-12-108.5, C.R.S.
(c) Annexation Agreement: Owners of land petitioning the city for annexation of their
property shall enter into an annexation agreement with the city stating any terms and
conditions imposed on said property, prior to the first reading of the annexation
ordinance. Upon annexation, such agreements shall be recorded to provide notice to
future purchasers of said property. Where the annexation agreement provides that the city
may install public improvements and that the owners of the annexed property will pay for
such improvements, the costs of such improvements constitute an assessment against the
annexed property as they accrue. If, after notice, any such assessment is not paid when
due, the city manager shall certify the amount of the principal, interest, and penalties due
and unpaid, together with ten percent of the delinquent amount for costs of collection to
the county treasurer to be assessed and collected in the same manner as general taxes are
assessed and collected as provided by Section 2-2-12, "City Manager May Certify Taxes,
Charges and Assessments to County Treasurer for Collection," B.R.C. 1981.
(d) Hearing: The planning board shall hear a request for annexation at a public hearing and
make a recommendation for approval or denial to the city council. After considering the
planning board's recommendation, the city council shall make the final determination on
a request for annexation.
Section 11. Table 4-1: Summary of Decision Authority by Process Type in Section 9-4-
2, “Development Review Procedures,” B.R.C. 1981, is amended to read as follows:
9-4-2. Development Review Procedures.
(a) Development Review Authority: Table 4-1 of this section summarizes the review and
decision-making responsibilities for the administration of the administrative and
development review procedures described in this chapter. The table is a summary tool
and does not describe all types of decisions made under this code. Refer to sections
referenced for specific requirements. Form and bulk standards may also be modified by
site review. Additional procedures that are required by this code but located in other
chapters are:
(1) "Historic Preservation," chapter 9-11;
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(2) "Inclusionary Housing," chapter 9-13; and
(3) "Residential Growth Management System," chapter 9-14.
TABLE 4-1: SUMMARY OF DECISION AUTHORITY BY PROCESS TYPE
Standard or Application Type Staff/City Manager BOZA Planning
Board
City Council
Code Interpretation
SECTION 9-2-3
D CA(14) CA(30) CA
Setback variance ≤20%
SECTION 9-2-3
D D — —
Setback variance >20%
SECTION 9-2-3
— D — —
Parking access dimensions
SECTION 9-2-2
D — — —
Parking deferral
SECTION 9-2-2
D — — —
Parking reduction ≤25%
SECTION 9-2-2
D — — —
Parking reduction >25% but
≤50%
SECTION 9-2-2
D(14) — CA, D(30) CA
Parking reduction >50%
SUBSECTION 9-9-6(f)
— — D(30) CA
Parking Building height,
conditional
SECTION 9-7-6
D — — —
Building height, less than
principal or nonstandard
building height max
SECTION 9-2-14
D(14) — CA, D(30) CA
Building height, greater than
principal building height max
SECTION 9-2-14
— — D(30) CA
Building height
SECTION 9-7-5
— — D(30) CA
Conditional Use
SECTION 9-2-1
D — — —
Site Review
SECTION 9-2-14
D(14) — CA, D(30) CA
Use Review
SECTION 9-2-15
D(14) — CA, D(30) CA
Form-Based Code Review
SECTION 9-2-16
D(14) — CA, D(30) CA
Form-Based Code Review,
administrative
SECTION 9-2-16
D — — —
Form-Based Code Review,
minor modification
SECTION 9-2-16
D — — —
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Annexation
SECTION 9-2-17
— — R D
Rezoning
SECTION 9-2-19
— — R D
Wetland Permit-Simple
SECTION 9-3-9
D — — —
Wetland Permit-Standard
SECTION 9-3-9
D(14) — D(30) CA
Extension of Dev't Approval
≤1 yr
PARAGRAPH 9-2-12(b)(1)
D — — —
Extension of Dev't Approval
>1 yr
PARAGRAPH 9-2-12(b)(2)
— — D(30) CA
Rescission of Dev't Approval
SUBSECTION 9-2-12(e)
D — — —
Creation of Vested Rights >3
yrs
SECTION 9-2-20
— — R D
Floodplain Dev't Permit
SECTION 9-3-6
D(14) — CA(30) CA
Wetland Boundary change-
Standard
SUBSECTION 9-3-9(e)
— — R D
Geophysical Exploration
Permit
SECTION 9-6-7(b)
D(14) — CA(30) CA
Substitution of
Nonconforming Use
SECTION 9-10-3
D — — —
Expansion of Nonconforming
Use
SECTION 9-10-3
D(14) — CA(30) CA
Subdivision, prelim plat
SECTION 9-12-7
D — — —
Subdivision, final plat
SECTION 9-12-8
D(14) — CA —
Subdivision, minor
SECTION 9-12-5
D(14) — CA(30) CA
Subdivision, LLA or LLE
SECTIONS 9-12-3 and 9-12-4
D — — —
Solar Exception
SUBSECTION 9-9-17(f)
D D — —
Solar Access Permit
SUBSECTION 9-9-17(h)
D D — —
Accessory Bldg Coverage
SUBSECTION 9-7-8(a)
— D — —
Minor Modification of
Discretionary Approval
SUBSECTION 9-2-14(k)
D — — —
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Minor Amendment of
Discretionary Approval
SUBSECTION 9-2-14(l)
D(14) — CA(30) CA
Amendment of Discretionary
Approval not involving height
SUBSECTION 9-2-14(m)
D(14) — CA, D(30) CA
Amendment of Discretionary
Approval involving height
SECTION 9-2-14
— — D(30) CA
KEY:
D = Decision Authority CA = Call-Up and Appeal Authority
R = Recommendation only (n) = Maximum number of days for call-up or appeal
Section 12. Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, is amended to
read as follows:
9-4-3. Public Notice Requirements.
(a) Process and Options: When a process or procedure identified in this title requires public
notice, the city manager shall provide such notice according to Table 4-2 of this section.
If a code section does not reference a specific method, the city manager shall determine
the most appropriate notification method to be used.
TABLE 4-2: PUBLIC NOTICE OPTIONS
Public
Notice
Type
Type of
Application,
Meeting or Hearing
Mailed Notice Posted Notice
1 Administrative
Reviews (except
those identified
below)
none none
2 Subdivisions
Preliminary Plats
and Minor
Subdivisions
To adjacent property owners and mineral
rights owners a minimum of 10 days
before final action and mineral rights
owners a minimum of 30 days before
initial hearing or decision
Post property a minimum
of 10 days from receipt
of application and prior
to final action or any
hearing
3 Good neighbor
meetings
To property owners within 600 feet of
subject property a minimum of 10 days
before meeting
none
4 Solar exceptions,
solar access
permits
To adjacent property owners a minimum
of 10 days before final action
Post property a minimum
of 10 days from receipt
of application and prior
to final action or any
hearing
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5 Applications
requiring BOZA
action, wetland
permit and
boundary
determination
To property owners within 300 feet of
subject property a minimum of 10 days
before final action
Post property a minimum
of 10 days from receipt
of application and prior
to final action or any
hearing
6 Development
Review
Applications (site
review, use review,
annexation,
rezoning, concept
plans)
To property owners within 600 feet of
subject property and any mineral rights
owners a minimum of 10 days before final
action and mineral rights owners a
minimum of 30 days before initial hearing
or decision
Post property a minimum
of 10 days from receipt
of application and prior
to final action or any
hearing
7 Form-based code
review
To property owners and all addresses
within 600 feet of the subject property and
any mineral rights owners a minimum of
10 days before final action and mineral
rights owners a minimum of 30 days
before initial hearing or decision
Post property a minimum
of 10 days from receipt
of application and prior
to final action or any
hearing
8 Use review
applications for oil
and gas operations
To property owners, all addresses, and the
local government designee of any local
government within 5,280 feet (one mile) of
the subject property and any mineral rights
owners upon finding an application
complete and a minimum of 10 days
before final action and any mineral rights
owners at that time and a minimum of 30
days before initial hearing
Post property a minimum
of 10 days from receipt
of application and prior
to final action or any
hearing
…
(e) Notice - Mineral Estate: The purpose of this notice provision is to comply with the
notification of surface development requirements in article 24-65.5, C.R.S. The city
manager will waive the notice requirements for mineral estate owners under this
subsection for use review applications that will not result in the construction of a new
building. The applicant shall:
(1) At least thirty days before any initial hearing or, if none, before a final decision on
a development review application, send notice, by first classcertified mail, return
receipt requested, or by a nationally recognized overnight courier, to the mineral
estate owner.
(2) Provide in the notice a statement about how the decision will be made, rights of
appeal, the location of the property that is the subject of the application, and the
name of the applicant, the City of Boulder as the approving authority, and the
name and address of the mineral estate owner.
(3) Identify the mineral estate holder in a manner consistent with § 24-65.5-103,
C.R.S.
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(4) Certify, in a form acceptable to the city manager, that such notice has been
provided to the mineral estate owner. The certification shall identify the name and
address of the mineral estate owners to whom notices were sent. This certification
is a condition of approval.
Section 13. 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:
…
(c) Zoning District Purposes:
(2) Mixed Use Districts:
(A) Mixed Use - 1: Mixed use areas which are primarily intended to have a
mix of residential and nonresidential land uses within close proximity to
each other and where complementary business uses may be permitted.
(B) Mixed Use - 2: Mixed use residential areas adjacent to a redeveloping
main street area, which are intended to provide a transition between a
main street commercial area and established residential districts.
Residential areas are intended to develop in a pedestrian-oriented pattern,
with buildings built up to the street; with residential, office, and limited
retail uses; and where complementary uses may be allowed.
(C) Mixed Use - 3: Areas of the community that are changing to a mixture of
residential and complementary nonresidential uses, generally within the
same building.
(D) Mixed Use - 4: Mixed use residential areas generally intended for
residential uses with neighborhood-serving retail and office uses; and
where complementary uses may be allowed. It is anticipated that
development will occur in a pedestrian-oriented pattern, with buildings
built up to the street.
(3) Business Districts
(EA) Business - Transitional 1 and Business - Transitional 2: Transitional
business areas which generally buffer a residential area from a major street
and are primarily used for commercial and complementary residential
uses, including without limitation, temporary lodging and office uses.
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(FB) Business - Main Street: Business areas generally anchored around a main
street that are intended to serve the surrounding residential neighborhoods.
It is anticipated that development will occur in a pedestrian-oriented
pattern, with buildings built up to the street; retail uses on the first floor;
residential and office uses above the first floor; and where complementary
uses may be allowed.
(GC) Business - Community 1 and Business - Community 2: Business areas
containing retail centers serving a number of neighborhoods, where retail-
type stores predominate.
(HD) Business - Commercial Services: Commercial areas primarily used to
provide to the community a wide range of retail and commercial uses
including repair, service, and small-scale manufacturing uses and where
complementary uses may be allowed.
(IE) Business - Regional 1 and Business - Regional 2: Business centers of the
Boulder Valley, containing a wide range of retail and commercial
operations, including the largest regional-scale businesses, which serve
outlying residential development; and where the goals of the Boulder
Urban Renewal Plan are implemented.
(34) Downtown Districts:
…
(45) Industrial Districts:
…
(56) Public Districts:
…
(67) Agricultural Districts:
…
(78) Flex Districts: A combination of use, form, and intensity standards not reflected in
any existing zoning district. Rezoning to a flex district may only be initiated by the
planning board or city council as part of an annexation, rezoning after concept review, or
area plan, and upon the determination that the flex zone would implement the goals of the
Boulder Valley Comprehensive Plan. When rezoning to a flex district, the rezoning
ordinance shall identify the specific use, form, and intensity modules which shall be
identified on the official zoning map. Nothing in this section shall be construed to prevent
city council from creating new zoning districts.
Section 14. Section 9-6-3, “Specific Use Standards - Residential Uses,” B.R.C. 1981, is
amended to read as follows:
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9-6-3. Specific Use Standards – Residential Uses.
(a) Residential Uses:
…
(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:
(B) Floor Area Ratios (FAR): Residential floor area is limited to a 1.0 FAR on
a lot or parcel and non-residential floor area is limited to a 0.5 FAR in the
IG zone and 0.4 FAR in the IM zone. If at least 0.3 FAR of light industrial
manufacturing or research and development use is on the lot or parcel, the
residential FAR may be increased to 1.25 FAR in each zone.
Section 15. 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.
…
(d) Mobile Food Vehicle:
(1) The following applies to any mobile food vehicle use:
(A) Standards: Mobile food vehicle sales on private property, public property,
or in the public right-of-way are allowed by right if the use meets the
following standards:
…
(v) No person shall operate a mobile food vehicle sales use without a
permit or in violation of the conditions of a permit. The permit will
be valid for twelve consecutive monthsup to two years, or such
other time as the city manager may by rule designate. Such
application shall meet the following requirements:
…
Section 16. The maximum cumulative coverage and wall length articulation lines of
Table 7-1: Form and Bulk Standards in Section 9-7-1, “Schedule of Form and Bulk Standards,”
B.R.C. 1981, are amended to read as follows:
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9-7-1. Schedule of Form and Bulk Standards.
The purpose of this chapter is to indicate the requirements for lot dimensions and building form,
bulk, location and height for all types of development. All primary and accessory structures are
subject to the dimensional standards set forth in Table 7-1 of this section with the exception of
structures located in an area designated in Appendix L, "Form-Based Code Areas," subject to the
standards of Appendix M, "Form-Based Code." No person shall use any land within the City
authorized by Chapter 9-6, "Use Standards," B.R.C. 1981, except according to the following
form and bulk requirements unless modified through a use review under Section 9-2-15, "Use
Review," B.R.C. 1981, or a site review under Section 9-2-14, "Site Review," B.R.C. 1981, or
granted a variance under Section 9-2-3, "Variances and Interpretations," B.R.C. 1981, or as
approved under the provisions of Section 9-2-16, "Form-based code review," B.R.C. 1981.
TABLE 7-1: FORM AND BULK STANDARDS
Zoning
District
A
RR-
1
RR-
2
RE
RH-
2
RH-
5
P
RL-
1
RM
-2
RM
X-1
BT-
2
BT-
1
BC
BR
IS-1
IS-2
IG
IM
RL-
2
RM
-1
RH-
4
MU
-1
RM
-3
RH-
1
RH-
6
RM
X-2
RH-
3
RH-
7
BC
S
MU
-3
BM
S
MU
-4
DT-
1
DT-
2
DT-
3
DT-
5
DT-
4
MU
-2
IM
S
MH
Form
module
a b c d e f g h i j k l m n o p q r s
Maximu
m
cumulat
ive
coverag
e of all
accessor
y
building
s
regardle
ss of
location
(m)
For residential uses - no greater than coverage of the principal building
Wall
length
articulat
ion
standard
s for
side
walls
over 14'
in
height
See
Section
9-7-10
n/a
See
Sect
ion
9-7-
10
n/a
See
Section
9-7-10
n/a
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within
20'
ofand
less
than 14'
from
the side
property
line
…
Footnotes to Table 7-1, Form and Bulk Standards:
In addition to the foregoing, the following miscellaneous form and bulk requirements apply to all
development in the city:
…
(e) For other setback standards regarding garages, open parking areas, and flagpoles, see
Paragraph 9-7-2(b)(8d), B.R.C. 1981.
(f) Where a rear yard backs on a street, see Paragraph 9-7-2(b)(7c), B.R.C. 1981.
…
Section 17. Section 9-7-2, “Setback Standards,” B.R.C. 1981, is amended to read as
follows:
9-7-2. Setback Standards.
(a) Permitted Height: The height permitted without review within the City is set forth in
Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, except as provided
in Paragraph (b)(2) of this section. Buildings greater than the permitted height may be
approved under Section 9-2-14, "Site Review," B.R.C. 1981.
…
(b) Side Yard Setback Standards:
(1) Setbacks for Upper Floors in Non-Residential Zoning Districts: A principal
building constructed with a side yard setback of zero for the first story above
grade in the BC-2, BR-1, DT-1, DT-2, DT-3, DT-4, DT-5, IS-1, IG or IM zoning
districts, where the side yard setback is noted as "0 or 12," will be allowed tomay
have upper stories set back stories either five feet or the distance required by
Chapter 10-5 "Building Code,” B.R.C. 1981, whichever is greater. above the first
story that is at or above the finished grade the greater of five feet or the distance
required by Chapter 10-5, "Building Code," B.R.C. 1981.
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…
Section 18. Section 9-7-5, “Building Height,” B.R.C. 1981, is amended to read as
follows:
9-7-5. Building Height.
(a) Permitted Height: The height permitted without review within the City is set forth in
Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, except as provided
in Paragraph (b)(2) of this section. Buildings greater than the permitted height may be
approved under Section 9-2-14, "Site Review," B.R.C. 1981.
(b) Measurement of Height: Height shall be measured as the vertical distance from the
lowest point within twenty-five horizontal feet of the tallest side of the structure to the
uppermost point of the roof or structure. The lowest point shall be calculated using the
natural grade. The tallest side shall be that side whose lowest exposed exterior point is
lower in elevation than the lowest exposed exterior point of any other side of the building
(see Figure 7-3 Measurement of Height).
(1) Modifications to Natural Grade: If there is evidence that a modification to the
natural grade has occurred since the adoption of Charter section 84, "Height
limit." B.R.C. 1981, on November 2, 1971, the city manager can consider the best
available information to determine the natural grade. This may include, without
limitation, interpolating what the existing grade may have been using the grade
along property lines, topographic information on file with the City, or other
information that may be presented to the city manager.
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Figure 7-3: Measurement of Height
…
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(e) Height Calculations for Attached Buildings:
…
(2) Separate buildings in compliance with Paragraph (de)(1) of this section, and
which exceed the maximum permitted height allowed by Section 9-7-1, "Schedule
of Form and Bulk Standards," B.R.C. 1981, may be considered by the planning
board pursuant to Section 9-2-14, "Site Review," B.R.C. 1981.
…
Section 19. Section 9-7-6, “Building Height, Conditional,” B.R.C. 1981, is amended to
read as follows:
9-7-6. Building Height, Conditional.
(a) High Density Residential District Administrative Review Criteria: In the RH zones,
principal building height may be increased to forty feet if:
…
Section 20. Section 9-7-10, “Side Yard Wall Articulation,” B.R.C. 1981, is amended to
read as follows:
9-7-10. Side Yard Wall Articulation.
(a) Purpose: Buildings with tall side walls may impact privacy, views or visual access to the
sky on neighboring properties. The purpose of the side yard wall articulation standard is
to reduce the perceived mass of a building by dividing it into smaller components, or to
step down the wall height in order to enhance privacy, preserve views and visual access
to the sky for lots or parcels that are adjacent to new development.
…
(c) Side Yard Wall Standards: Along each side yard property line, the cumulative length of
any walls that exceed a height of fourteen feet shall not exceed forty feet in length, unless
they are set back at least fourteen feet from the side property line (see Figure 7-14). For
the purposes of this section, wall height shall be measured from finished grade as
follows:
(1) Sloped roofs shall be measured from adjacent finished grade to the point where
the vertical wall intersects with the sloped roof.
(2) Flat roofs shall be measured from adjacent finished grade to the top of the
parapet.
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(3) Window wells or door wells as described under Subparagraph 9-8-2(e)(1)(D)
shall not be counted as part of the wall height.
Figure 7-14: Side Yard Wall Length Articulation Examples
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After the maximum 40 feet cumulative wall length, the wall must either be set back from the side
property line by a minimum of fourteen feet (top image) or the height of the wall must reduce to
fourteen feet or less (bottom image).
…
Section 21. Section 9-9-6, “Parking Standards,” B.R.C. 1981, is amended to read as
follows:
9-9-6. Parking Standards.
(a) Rationale: The intent of this section is to provide adequate off-street parking for all uses,
to prevent undue congestion and interference with the traffic carrying capacity of city
streets, and to minimize the visual and environmental impacts of excessive parking lot
paving.
…
(d) Motor Vehicle Parking Design Standards:
…
(5) Parking Design Details:
…
(B) With the exception of parking areas for detached dwelling units, All all
parking areas are shall be paved with asphalt, concrete, or other similar
permanent, hard surface except for parking areas for detached dwelling
units. Parking areas for detached dwelling units shall be surfaced with
materials capable of sustaining the weight and impacts of the associated
vehicle usage.
...
(f) Motor Vehicle Parking Reductions:
…
(3) Alternative administrative parking reductions by land use: The parking
requirements in Section 9-9-6, “Parking Standards,” B.R.C. 1981, may be reduced
if the following standards are met. These standards shall not be permitted to be
combined with the parking reduction standards in Subparagraphs (f)(2) of this
section.
…
(B) Mixed Use Developments: The city manager may reduce the amount of
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required parking in a mixed-use development by up to ten percent in the
BMS, IMS, MU-1, MU-2, MU-3 and RMX-2 zoning districts, or in all
other nonresidential zoning districts in Section 9-5-2, “Zoning Districts,”
B.R.C. 1981, by up to a twenty-five-percent parking reduction if the
following requirements are met:
…
Section 22. Section 9-9-11, “Useable Open Space,” B.R.C. 1981, is amended to read as
follows:
9-9-11. Useable Open Space.
(a) Purpose of Open Space: The purpose of useable open space is to provide indoor and
outdoor areas for passive and active uses to meet the needs of the anticipated residents,
tenants, employees, customers and visitors of a property, and to enhance the environment
of a development or building. Open space can be used to:
…
(f) Special Open Space Requirements Applicable to Residential Uses: Useable open space
for residential uses also includes:
(1) Individual bBalconies, decks, porches, and patio areas associated with an
individual dwelling unit or common open spaces on a roof or elevated above the
first story, that are not intended or designed to be enclosed, if the minimum size
of such individual balcony, deck or patiothe applicable open space is not less than
thirty-six36 square feet and not less than forty-eight48 inches in any dimension or
porches that meet the requirements of section 9-7-4, "Setback Encroachments for
Front Porches," B.R.C. 1981. Such areas shall count for no more than twenty-
five25 percent of the required useable open space.
…
Section 23. Section 9-9-12, “Landscaping and Screening Standards,” B.R.C. 1981, is
amended to read as follows:
9-9-12. Landscaping and Screening Standards.
(a) Purpose: The purpose of the landscaping and screening requirements set forth in this
chapter is to:
…
(d) General Landscaping and Screening Requirements:
…
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(2) Landscape and Screening Planting, Maintenance, and Replacement: The property
owner shall maintain all required landscaping and provide for replacement of
plant materials that have died or have otherwise been damaged or removed, and
maintenance of all non-live landscaping materials, including, but not limited to,
fencing, paving, irrigation systems, and retaining walls from the issuance of a
certificate of occupancy or certificate of completion.
(i) Planting: Required landscaping and screening shall be planted between
March 1 and October 15. Bare root stock shall be planted between March
1 and April 30 or prior to plants leafing out. Stock, other than container-
grown stock, shall be planted between March 1 and June 1 or between
September 1 and October 15. The city manager may approve planting at
different times based on weather conditions that allow for successful
planting.
(ii) Maintenance and Replacement: The property owner shall maintain all
required landscaping and provide for replacement of plant materials that
have died or have otherwise been damaged or removed, and maintenance
of all non-live landscaping materials, including, but not limited to,
fencing, paving, irrigation systems, and retaining walls from the issuance
of a certificate of occupancy or certificate of completion.
…
Section 24. 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 to exist subject to the following:
…
(b) Damage by Fire, Flood, Wind, or Other Calamity or Act of God and Unsafe Buildings: A
nonstandard building or structure, a building or structure that contains a nonconforming
use, or a building or structure on a nonstandard lot, that has been damaged by fire, flood,
wind, or other calamity or act of God may be restored to its original condition, or any
building declared unsafe under the building code or any other applicable safety or health
code may be restored to a safe condition, provided that such work is consistent with the
requirements of Section 9-3-3, "Regulations Governing the One Hundred-Year
Floodplain," B.R.C. 1981, started within twelve monthstwo years of such event, and
completed within twenty-four monthsthree years of the date on which the restoration
commenced.
…
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Section 25. Section 9-12-5, “Minor Subdivision,” B.R.C. 1981, is amended to read as
follows:
9-12-5. Minor Subdivision.
(a) Scope: A minor subdivision is a division of land that is already served by city services,
will not require the extension of streets or public improvements and will not result in
more than one additional lot.
(b) Limitations: The provisions of this section shall not apply to a replat that:
(1) Requires any variations modifications to section 9-12-12, "Standards for Lots and
Public Improvements," B.R.C. 1981;
…
Section 26. Section 9-12-7, “Staff Review and Approval of Preliminary Plat,” B.R.C.
1981, is amended to read as follows:
9-12-7. Staff Review and Approval of Preliminary Plat.
(a) City Manager Review: The city manager shall review all preliminary subdivision plats
and approve those that the manager finds meet all requirements of this code and other
ordinances of the City or are necessary to protect the public health, safety and welfare.
The manager shall process those that include applications for site reviews under chapter
9-2, "Review Processes," B.R.C. 1981, under the requirements of that chapter and shall
ensure that the conditions of the site review approval will be met within the future
subdivision. The manager shall process preliminary plats that do not include applications
for site reviews and provide to the subdivider a list of any deficiencies that may exist.
(b) Notice of Surface Estate: The city manager shall notify tenants of the property and
abutting property owners by first class mail that the subdivision is proposed and that any
questions or comments thereon may be directed to the planning department of planning
and community development.
(c) Notice of Mineral Estate: The purpose of this notice provision is to comply with the
notification of surface development requirements in article 24-65.5, C.R.S. The applicant
shall:
(1) At least thirty days before any initial hearing or, if none, beforea final decision on
an application for development, send notice, by first classcertified mail, return
receipt requested, or by a nationally recognized overnight courier to the mineral
estate owner;
(2) Provide in the notice a statement about how the decision will be made, rights of
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appeal, the location of the property that is the subject of the application, and the
name of the applicant, the City of Boulder as the approving authority and the
name and address of the mineral estate owner;
(3) Identify the mineral estate holder in a manner consistent with § 24-65.5-103,
C.R.S.; and
(4) Certify, in a form acceptable to the city manager, that such notice has been
provided to the mineral estate owner. The certification shall identify the name and
address of the mineral estate owners to whom notices were sent. This certification
is a condition of approval.
…
Section 27. Section 9-12-8, “Final Plat,” B.R.C. 1981, is amended to read as follows:
9-12-8. Final Plat.
(a) A final plat may be submitted at the same time as a preliminary plat.
(b) In order to obtain city manager review of a final plat, the subdivider shall submit a final
plat that conforms to the approved preliminary plat, includes all changes required by the
manager or the planning board, and includes the following information:
…
(4) Accurate dimensions for all lines, angles and curves used to describe boundaries,
public improvements, easements, areas to be reserved for public use and other
important features. (All curves shall be circular arcs and shall be defined by the
radius, central angle, tangent, arc and chart distances. All dimensions, both linear
and angular, are to be determined by an accurate control survey in the field that
must balance and close within a limit of one in ten thousand. No final plat
showing plus or minus dimensions will be approved.);
…
Section 28. Section 9-12-9, “Lot Line and Boundary Verification,” B.R.C. 1981, is
amended to read as follows:
9-12-9. Lot Line and Boundary Verification.
The subdivider shall provide to the cCity a computer check to assure ensure that the exterior
lines of the subdivision on the final plat close. In the absence of such verification, the City shall
obtain such computer check and the subdivider shall pay the fee therefor prescribed by
Subsection 4-20-43(a), B.R.C. 1981, before recording the plat.
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Section 29. Section 9-12-12, “Standards for Lots and Public Improvements,” B.R.C.
1981, is amended to read as follows:
9-12-12. Standards for Lots and Public Improvements.
(a) Conditions Required: Except as provided in subsection (b) of this section, subdivision
plats shall comply with Section 9-9-17, "Solar Access," B.R.C. 1981, and meet the
following conditions:
…
(c) Private Utilities and Improvements: If the subdivider installs private utilities or
improvements, including, without limitation, streets or water, wastewater and storm drain
utilities, the subdivider shall provide mutual covenants in the deeds of all property
owners of the subdivision for the continued and perpetual maintenance of the utilities or
improvements. The city manager may require creation of a unit owners association
formed pursuant to the Colorado Common Interest Ownership Act, Article 33.3, Title 38,
Colorado Revised Statutes, to own and maintain common private utilities and
improvements.
Section 30. Section 9-13-10, “Options for Satisfaction of Inclusionary Housing
Requirement,” B.R.C. 1981, is amended to read as follows:
9-13-10. Options for Satisfaction of Inclusionary Housing Requirement.
(a) Purpose: In order to create a significant amount of permanently affordable units, to the
extent permitted by this chapter, developers may satisfy the inclusionary housing
requirement through any combination of the following alternate means:
(1) Cash-in-Lieu Contribution: Developers may satisfy permanently affordable
housing requirements by making cash contributions to the city’s affordable
housing fund. The cash-in-lieu contribution will be based on the residential square
footage of the development creating the inclusionary housing requirement and the
applicable rate will be determined annually by the city manager. The city manager
may consider the number of units in the development, the size and type of units
which created the obligation, the amount that would incentivize on-site
construction of permanently affordable units, and the affordability gap between
market rate and permanently affordable unit prices when determining the cash-in-
lieu calculation.
(A) Annual Cash-in-lieu Escalator: The city manager is authorized to adjust
the cash-in-lieu contribution annually on July January 1 of each year.
…
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Section 31. 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 32. 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.
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Section 33. 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 34. 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 ORDERED PUBLISHED BY
TITLE ONLY this 15th day of February 2024.
_____________________________
Aaron Brockett,
Mayor
Attest:
______________________________
Elesha Johnson,
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED this 7th day of March 2024.
_____________________________
Aaron Brockett,
Mayor
Attest:
_____________________________
Elesha Johnson,
City Clerk