8666 - AMENDING CHAPTERS 9-2, “REVIEW PROCESSES,” 9-6, “USE STANDARDS,” AND 9-8,“INTENSITY STANDARDS” OF TITLE 9, “LAND USE CODE,”B.R.C. 1981, TO AMEND DENSITY AND INTENSITY STANDARDS TO ALLOW DEVELOPMENT OF ADDITIONAL DWELLING UNITS IN THE RESIDENTIAL –
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ORDINANCE 8666
AN ORDINANCE AMENDING CHAPTERS 9-2, “REVIEW
PROCESSES,” 9-6, “USE STANDARDS,” AND 9-8,
“INTENSITY STANDARDS” OF TITLE 9, “LAND USE CODE,”
B.R.C. 1981, TO AMEND DENSITY AND INTENSITY
STANDARDS TO ALLOW DEVELOPMENT OF ADDITIONAL
DWELLING UNITS IN THE RESIDENTIAL – RURAL 1 (RR-1),
RESIDENTIAL – RURAL 2 (RR-2), LOW 1 (RL-1),
RESIDENTIAL – MEDIUM 1 (RM-1), AND RESIDENTIAL
MIXED – 1 (RMX-1) ZONING DISTRICTS AND TO AMEND
REVIEW PROCEDURES AND USE STANDARDS TO REDUCE
REGULATORY REQUIREMENTS FOR CERTAIN
RESIDENTIAL DEVELOPMENTS, AND SETTING FORTH
RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Table 2-2 of Section 9-2-14, “Site Review,” B.R.C. 1981, is amended to read
as follows:
9-2-14. - Site Review.
(a) Purpose: The purpose of site review is to allow flexibility 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:
…
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(b) Scope: The following development review thresholds apply to any development that is
eligible or that otherwise may be required to complete the site review process:
…
TABLE 2-2: SITE REVIEW THRESHOLD TABLE
Zoning
District
Abbreviation
Use Form Intensity Minimum Size for Site
Review
Concept Plan and Site Review Required
A A a 1 2 acres -
BC-1 B3 f 19 1 acre 3 acres or 50,000 square feet of floor area
BC-2 B3 f 19 1 acre 2 acres or 25,000 square feet of floor area
BCS B4 m 28 1 acre 3 acres or 50,000 square feet of floor area
BMS B2 o 17 0 3 acres or 50,000 square feet of floor area
BR-1 B5 f 23 0 3 acres or 50,000 square feet of floor area
BR-2 B5 f 16 0 3 acres or 50,000 square feet of floor area
BT-1 B1 f 15 1 acre 2 acres or 30,000 square feet of floor area
BT-2 B1 e 21 0 2 acres or 30,000 square feet of floor area
DT-1 D3 p 25 0 1 acre or 50,000 square feet of floor area
DT-2 D3 p 26 0 1 acre or 50,000 square feet of floor area
DT-3 D3 p 27 0 1 acre or 50,000 square feet of floor area
DT-4 D1 q 27 0 1 acre or 50,000 square feet of floor area
DT-5 D2 p 27 0 1 acre or 50,000 square feet of floor area
IG I2 f 22 2 acres 5 acres or 100,000 square feet of floor
area
IM I3 f 20 2 acres 5 acres or 100,000 square feet of floor
area
IMS I4 r 18 0 3 acres or 50,000 square feet of floor area
IS-1 I1 f 11 2 acres 5 acres or 100,000 square feet of floor
area
IS-2 I1 f 10 2 acres 5 acres or 100,000 square feet of floor
area
MH MH s - 5 or more units are
permitted on the
property
-
MU-1 M2 i 18 0 1 acre or 30,000 square feet of floor area
MU-2 M3 r 18 0 3 acres or 50,000 square feet of floor area
MU-3 M1 n 24 5 or more units are
permitted on the
property
1 acre or 30,000 square feet of residential
floor area or 20,000 square feet of
nonresidential floor area
MU-4 M4 o 24.5 0 3 acres or 50,000 square feet of floor area
P P c 5 2 acres 5 acres or 100,000 square feet of floor
area
RE R1 b 3 5 or more units are
permitted on the
property
-
RH-1 R6 j 12 0 2 acres or 30,000 square feet of floor area
RH-2 R6 c 12 0 2 acres or 30,000 square feet of floor area
RH-3
R7 l 14 5 or more units are
permitted on the
property
2 acres or 30,000 square feet of floor area
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RH-4 R6 h 15 5 or more units are
permitted on the
property
2 acres or 30,000 square feet of floor area
RH-5 R6 c 19 5 or more units are
permitted on the
property
2 acres or 30,000 square feet of floor area
RH-6 R8 j 17.5 5 or more units are
permitted on the
property
3 acres or 30,000 square feet of floor area
RH-7 R7 i 14.5 5 or more units are
permitted on the
property
2 acres or 30,000 square feet of floor area
RL-1 R1 d 4 5 or more units are
permitted on the
property
3 acres or 18 dwelling units
RL-2 R2 g 6 5 or more units are
permitted on the
property
3 acres or 18 dwelling units
RM-1 R3 g 9 5 or more units are
permitted on the
property
2 acres or 30,000 square feet of floor area
RM-2 R2 d 13 5 or more units are
permitted on the
property
2 acres or 30,000 square feet of floor area
RM-3 R3 j 13 5 or more units are
permitted on the
property
2 acres or 30,000 square feet of floor area
RMX-1 R4 d 7 5 or more units are
permitted on the
property
2 acres or 30,000 square feet of floor area
RMX-2 R5 k 8 0 2 acres or 30,000 square feet of floor area
RR-1 R1 a 2 - -
RR-2 R1 b 2 - -
Footnote to Table 2-2, Site Review Threshold Table:
(a) See Section 9-2-14(b)(3), B.R.C. 1981, for development projects that are exempt from
the Concept Plan and Site Review Required threshold.
TABLE 2-2: SITE REVIEW THRESHOLD TABLE
Zoning District Concept Plan and Site Review Required (a) Minimum Size for Site
Review
RL-1
RL-2 3 acres or 18 dwelling units Standard in footnote (b) applies
RH-3
RH-4
RH-5
RH-7
2 acres or 30,000 square feet of floor area 7,500 square feet of floor area
RH-6 3 acres or 30,000 square feet of floor area
MU-1 1 acre or 30,000 square feet of floor area
Standard in footnote (b) applies MU-3 1 acre or 30,000 square feet of residential floor area or
20,000 square feet of nonresidential floor area
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DT-1
DT-2
DT-3
DT-4
DT-5
1 acre or 50,000 square feet of floor area
BC-2
BT-1
BT-2
RH-1
RH-2
RM-1
RM-2
RM-3
RMX-1
RMX-2
2 acres or 30,000 square feet of floor area
BC-1
BMS
BR-1
BR-2
IMS
MU-2
MU-4
3 acres or 50,000 square feet of floor area
MH Not required
P 5 acres or 100,000 square feet of floor area
F All projects
1 acre BCS 3 acres or 50,000 square feet of floor area
IG
IM 5 acres or 100,000 square feet of floor area IS-1
IS-2 2 acres
A Not required
RE
RR-1
RR-2
Not required Not eligible
Footnotes to Table 2-2, Site Review Threshold Table:
(a) See Section 9-2-14(b)(3), B.R.C. 1981, for development projects that are exempt from the Concept Plan and
Site Review Required threshold.
(b) Lots or parcels with non-residential uses are eligible for site review. Lots or parcels with only residential uses
are eligible for site review if the lot or parcel includes at least five dwelling units or is permitted to have at least
five dwelling units pursuant to the standards of Chapter 9-8, “Intensity Standards,” B.R.C. 1981, and, for projects
in the RL-1 and RL-2 zones, the project is also at least 3 acres in size.
…
(3) Exceptions: The following developments that exceed the minimum site review
thresholds set forth in this section shall not be required to complete a site review:
(A) Minor modifications and amendments under this section to approved
development review applications;
(B) Building permits for additions to existing structures that do not exceed a
cumulative total, over the life of the building, of twenty-five percent of the
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size of the building on which the addition is proposed and that do not alter
the basic intent of an approved development;
(C) Subdivisions solely for the purpose of amalgamating lots or parcels of
land;
(D) Subdivisions solely for the purpose of conveying property to the city;
(E) City of Boulder public projects that are otherwise required to complete a
public review process; and
(F) Projects located in areas defined by Appendix L, "Form-Based Code
Areas," that are required to complete form-based code review pursuant to
Section 9-2-16, "Form-Based Code Review," B.R.C 1981.
(G) Residential projects where all units will meet the requirements for
permanently affordable units in Chapter 9-13, “Inclusionary Housing,”
B.R.C. 1981, provided the applicant for such a project applies for and
receives approval of an affordable housing design review pursuant to
Section 9-13-4, “Affordable Housing Design Review,” B.R.C. 1981.
Section 2. Section 9-6-3, “Specific Use Standards - Residential Uses,” B.R.C. 1981, is
amended to read as follows:
(a) Residential Uses:
(1) This Subsection (a) sets forth standards for uses in the residential use
classification that are subject to specific use standards pursuant to Table 6-1, Use
Table.
(2) Residential Uses in the IG and IM Zoning Districts: The following standards
apply in the IG and IM zoning districts to residential uses that may be approved
pursuant to a use review:
(A) Location: Dwelling units may be constructed only on a lot or parcel that
meets one or more of the following requirements (i), (ii), or (iii). If a lot or
parcel meets this location standard, the approving authority shall presume
that the standard in Paragraph 9-2-15(e)(4), B.R.C. 1981, has been met.
(i) The residential use is consistent with the land use plan or map in
an adopted subcommunity or area plan; or
(ii) The lot or parcel is located within one-quarter mile of the Boulder
Junction transit station. Distance shall be measured by the city
manager on official maps as the radius from the closest point on
the perimeter of the applicant's lot or parcel to the closest point on
the transit station lot; or
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(iii) At least one-sixth of the perimeter of the lot or parcel is contiguous
with a residential use that includes one or more dwelling units, a
residential zoning district, or a city- or county-owned park or open
space. Contiguity shall not be affected by the existence of a platted
street or alley, a public or private right-of-way, or a public or
private transportation right-of-way or area.
(B) Floor Area Ratios (FAR): The following floor area ratio standards apply to
a lot or parcel in the IG or IM zone with a residential use:
(i) FAR by Use: Residential floor area is limited to a 1.0 FAR. FAR
on a lot or parcel and nNon-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 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.
(ii) Additional Residential FAR for Certain Industrial Mixed-Use
Projects: If 0.3 or more of allowed nonresidential FAR consists,
individually or in combination, of building and landscaping
contractors, building material sales, business support services,
equipment repair and rentals, light manufacturing, non-vehicular
repair and rental services, research and development, service of
vehicles, warehouse or distribution facilities, or wholesale
businesses, the maximum residential FAR is 1.25.
(iii) FAR Averaging Across Parcels in Site Review: The FAR limits of
this subparagraph (a)(2)(B) may be modified in a site review to
permit averaging of these FAR limits across multiple lots or
parcels that are subject to the site review and within the same
zoning district provided that, when averaged across the lots and
parcels, the FAR standards are met and do not result in a FAR
exceeding that permitted under this subparagraph.
Section 3. Section 9-7-9, “Side Yard Bulk Plane,” B.R.C. 1981, is amended to read as
follows:
9-7-9. Side Yard Bulk Plane.
(a) Purpose: Buildings with tall side walls may impact privacy, views or visual access to the
sky on neighboring properties. The purpose of this side yard bulk plane standard is to
ensure that buildings step down towards neighboring properties in order to enhance
privacy, preserve some views and visual access to the sky for lots or parcels that are
adjacent to new development.
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(b) Scope: All construction related to principal and accessory buildings shall comply with the
bulk plane requirements of this section. This section applies to all construction related to
residential principal and accessory buildings, including new construction and expansion,
building addition or modification of existing buildings as follows:in the RR-1, RR-2, RE,
RL-1 and RMX-1 zoning districts.
(1) All residential principal and accessory buildings in the RR-1, RR-2, RE and RL-1
zoning districts; and
(2) All principal and accessory buildings that are used as a detached single family land use
in the RMX-1 zoning district.
…
Section 4. 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.
(b) Scope: All construction related to principal and accessory buildings shall comply with the
side yard wall length articulation requirements of this section. This section applies to all
construction related to buildings, including new construction and, expansion or
modification of existing buildings, as follows:
(1) All residential buildings in the RR-1, RR-2, RE, and RL-1, and RMX-1 zoning
districts, including lots located in planned developments, planned residential
developments and planned unit developments.
(2) All buildings that are used as a detached single family land use in the RMX-1
zoning district, including lots located in planned developments, planned
residential developments and planned unit developments.
(32) In the RL-2 zoning district, the side yard wall articulation requirements shall
apply to lots that are eight thousand square feet or larger that are not within the
boundaries of a planned development, planned residential development, planned
unit development or an approved site review.
(43) In the RL-2 zoning district, the requirements shall apply to all lots and parcels that
are within the boundaries of a planned development, planned residential
development and planned unit development that are shown on Appendix H of this
title.
…
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Section 5. Section 9-7-11, “Maximum Building Coverage,” B.R.C. 1981, is amended to
read as follows:
9-7-11. Maximum Building Coverage.
(a) Purpose: The purposes of the building coverage standards are to establish the maximum
percentage of lot surface that may be covered by principal and accessory buildings to
preserve open space on the lot, and to preserve some views and visual access to the sky
and enhance privacy for residences that are adjacent to new development.
(b) Scope: All construction related to principal and accessory buildings shall comply with the
building coverage requirements of this section. This section applies to all construction
related to residential buildings, including new construction and, building
expansionadditions or modification of existing buildings, as follows:
(1) All residential and principal and accessory buildings in the RR-1, RR-2, RE, and
RL-1, and RMX-1 zoning districts, including lots located in planned
developments, planned residential developments and planned unit developments.
(2) All principal and accessory buildings that are used as a detached single family
land use in the RMX-1 zoning district, including lots located in planned
developments, planned residential developments and planned unit developments.
(32) In the RL-2 zoning district, the building coverage requirements shall apply to lots
that are eight thousand square feet or larger that are not within the boundaries of a
planned development, planned residential development, planned unit development
or an approved site review.
(43) In the RL-2 zoning district, the requirements shall apply to all lots and parcels that
are within the boundaries of a planned development, planned residential
development and planned unit development that are shown on Appendix H of this
title.
…
Section 6. Table 8-1 of Section 9-8-1, “Schedule of Intensity Standards,” B.R.C. 1981, is
amended to read as follows:
TABLE 8-1: INTENSITY STANDARDS
Zoning
District
Intensity
Module
Minimum
Lot Area
(in
square
feet
unless
otherwise
noted)
Minimum
Lot Area
Per
Dwelling
Unit
(square
feet)(b),(d),
and (e)
Minimum
Open
Space Per
Dwelling
Unit
(square
feet)(b)
Minimum
Open Space
on Lots
(Residential
Uses)(a), (b),
and (c)
Minimum
Open Space on
Lots
(Nonresidential
Uses)(a), (b), (c), and
(d)
Minimum
Private
Open Space
(Residential
Uses)
(square
feet)(b)
Maximum
Floor Area
Ratio(b)
Mixed-use developments require the greater
amount of the residential or nonresidential
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standard for open space. See Section 9-9-11 for
additional open space requirements.
A 1 5 acres 5 acres - - 10-20% - -
RR-1,
RR-2
2 30,000 30,000(d) - - 10-20% - See Table 8-3
RE 3 15,000 7,500 - - 10-20% - See Table 8-3
RL-1 4 7,000 7,000(d) - - 10-20% - See Table 8-3
P 5 7,000 7,000 - - 10-20% - -
RL-2 6 - - 6,000 - 10-20% - See Table 8-3
RMX-
1
7 6,000 6,000(d) 600 - 10-20% - See Table 8-3
RMX-
2(e)
8 - See
footnote
(e)
- 15% 15% 60 -
RM-1 9 - - 3,000
2,000
- 10-20% - -
IS-2 10 - - 600 - 10-20% 60 0.5
IS-1 11 - - - - 10-20% 60 0.5
RH-1,
RH-2
12 - - - 40% 40% - 0.67(f)
RM-2,
RM-3
13 6,000 3,500 - - 10-20% - -
RH-3 14 - - - 30% 30% 60 -
RH-7 14.5 - - - 60%(d) 60%(d) 60 -
RH-4,
BT-1
15 - - - 30% 30% - 1.0(g)
BR-2 16 - - - 40%(c) 10-20%(c) 60 -
BMS 17 - - - 15%(c) 15%(c) 60 0.67 (1.85 if
within
CAGID or
UHGID)(c)
RH-6 17.5 - 1,800 600 - - - -
MU-1,
MU-2,
IMS
18 - - - 15%(c) 15%(c) 60 0.6
RH-5,
BC-1,
BC-2
19 - - - 15% 15% - 1.5 (2.0 if
within a BC
zoned area
identified in
Appendix N)
IM 20 - - - 30% 10-20% 60 0.4
BT-2 21 - - 600 - 10-20% - 0.5(h)
IG 22 - - - 30% 10-20% 60 0.5
BR-1 23 - -- - - 10-20% - 2.0(c)
MU-3 24 - - - 15%(c) 15%(c) 60 1.0
MU-4 24.5 - - - 15% 15% 60 2.0
DT-1 25 - - - - 10-20%(c) 60 1.0
DT-2 26 - - - - 10-20%(c) 60 1.5
DT-3,
DT-4,
DT-5
27 - - - - 10-20%(c) 60 1.7
BCS 28 - - - - 10-20% - -
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Footnotes:
(a) This requirement may increase based on building height pursuant to Subsection 9-9-11(c), B.R.C. 1981.
(b) For properties within an area designated in Appendix L, "Form-Based Code Areas," and subject to the
standards of Appendix M, "Form-Based Code," the footnoted requirement is not applicable. Refer to
Appendix M, "Form-Based Code," for specific form, bulk, intensity, and outdoor space requirements.
(c)This requirement may be modified pursuant to Section 9-2-14(h)(6)(C), B.R.C. 1981, for specified zoning
districts.
(d) Open space per lot in the RH-7 zoning district may be reduced from sixty percent to thirty percent of the lot
as part of a site review if at least half of the open space provided meets the open space requirements of
Subparagraph 9-9-11(e)(3), B.R.C. 1981. Except as allowed under the additional density standards in
Section 9-8-3, “Density in the RR-1, RR-2, RL-1, RMX-1, and RH-7 Districts,” B.R.C. 1981. Any
dwelling units created under this exception shall not be considered nonconforming to the intensity
standards of Chapter 9-8, “Intensity Standards,” B.R.C. 1981.
(e)Dwelling units per acre on a lot or parcel in the RMX-2 zoning district are limited to 10 dwelling units per
acre. This limitation may be modified up to 20 dwelling units per acre pursuant to a site review.
(f) Floor area ratio (FAR) in the RH-2 zoning district may be increased up to a maximum FAR of 1.07 in a site
review.
(g) FAR in the BT-1 zoning district may be increased up to a maximum FAR of 1.4 in a site review.
(h) FAR in the BT-2 zoning district may be increased up to a maximum FAR of 0.9 in a site review.
Section 7. Section 9-8-2, “Floor Area Ratio Requirements”, B.R.C. 1981, is amended to
read as follows:
…
(d) District-Specific Standards:
(1) Maximum Floor Area in the RR-1, RR-2, RE, RL-1, RL-2, and RMX-1 Zoning
Districts:
(A) Purpose: The purpose of a floor area ratio standard is to address the
proportionality of building size to lot size and allow variation in building
form within the established building envelope.
(B) Scope: All construction related to principal and accessory buildings shall
comply with the floor area ratio requirements of this section. This section
applies to all construction related to residential buildings, including new
construction, building additions, or modification of existing buildings as
follows:
(i) All residential and principal and accessory buildings in the RR-1,
RR-2, RE, and RL-1 zoning districts, including lots located in
planned developments, planned residential developments, and
planned unit developments.
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(ii) All principal and accessory buildings that are used as a detached
single-family land use in the RMX-1 zoning district, including lots
located in planned developments, planned residential
developments, and planned unit developments.
(iii) In the RL-2 zoning district, the floor area ratio requirements shall
apply to lots that are 8,000 square feet or larger, used for detached
single-family land uses that are not within the boundaries of a
planned development, planned residential development, planned
unit development, or an approved site review.
(iv) In the RL-2 zoning district, the floor area ratio requirements shall
apply to all lots and parcels used for detached single family land
uses that are within the boundaries of a planned development,
planned residential development, and planned unit development
that are shown on Appendix H to this title.
(v) For projects subject to site review in Section 9-2-14, "Site
Review," B.R.C. 1981, the floor area shall be calculated based
upon each lot or parcel.
(C) Maximum Floor Area Permitted: The maximum floor area shall be the
floor area that is in Table 8-3, "Maximum Floor Area Ratio in the RR, RE,
RL-1, and RMX-1 Zoning Districts for Residential Land Uses."
TABLE 8-3: MAXIMUM FLOOR AREA RATIO IN THE RR, RE, RL, AND
RMX-1 FOR ZONING DISTRICTSRESIDENTIAL LAND USES
Lot Size: < 5,000 SF 5,000 to 10,000 SF 10,001 to
22,500 SF
> 22,500 SF
RR-1, RR-2,
RE,
RL-1 and RL-2
0.62 (Lot Size x 0.2) + 2,100 (Lot Size x
0.122) + 2,880
0.25
Lot Size: < 4,000 SF 4,000 to 4,999
SF
5,000 to 6,499
SF
6,500 to 10,000
SF
> 10,000 SF
RMX-1 0.74 (Lot Size x
0.20) + 2,150
(Lot Size x
0.20) + 2,320
(Lot Size x
0.195) + 2,450
0.42
Section 8. Section 9-8-3, “Density in the RH-1, RH-2, and RH-7 Districts”, B.R.C. 1981,
is amended to read:
9-8-3. Density in the RR-1, RR-2, RL-1, RMX-1 RH-1, RH-2, and RH-7 Districts.
(a) Additional Density in the RH-7 District: In the RH-7 zoning district, the open space per lot
may be reduced from sixty percent to thirty percent of the lot if at least half of the open space
provided meets the open space requirements of Paragraph 9-9-11(e)(3), B.R.C. 1981.
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Duplexes or Two Detached Dwelling Units in the RR-1, RR-2, and RL-1 zoning districts: A
duplex or two detached dwelling units may be developed in the RR-1, RR-2, and RL-1 zoning
districts if the lot or parcel meets the following standards:
(1) Location Near Transit Corridors: The lot or parcel is located within 350 feet of a transit
corridor identified in Appendix J, “Duplexes Along Transit Corridors,” B.R.C. 1981. The
distance shall be measured on an official city map, identified by the city manager, from the
closest point on the perimeter of the applicant’s property to the closest point on the edge of
the public right-of-way of the transit corridor; and
(2) Minimum Lot Area: The lot or parcel meets the minimum lot area of the applicable
zoning district established in Table 8-1, “Intensity Standards,” or is a nonstandard lot that
meets the minimum lot size established for development of such lot in Subsection 9-10-3(b),
“Changes to Nonstandard Buildings, Structures, and Lots and Nonconforming Uses,” B.R.C.
1981.
(b) Minimum Lot Area for Two Dwelling Units in the RH-1 and RH-2 zoning districts: Two
attached units may be developed on a lot in the RH-1 and RH-2 districts without a site
review if the lot is a minimum of five thousand square feet in area and the structures meet
the setback requirements of Section 9-7-1, "Schedule of Form and Bulk Standards,"
B.R.C. 1981, or the requirements of Section 9-7-12, "Two Detached Dwellings on a
Single Lot," B.R.C. 1981, are met
Additional Density in the RMX-1 District: In the RMX-1 zoning district, the minimum
lot area per dwelling unit requirement is reduced from 6,000 square feet to 2,500 square
feet, except on a lot or parcel under the following circumstance:
(1) Following the demolition of a principal building without permits required for such
demolition under the Boulder Revised Code.
(c) Additional Density in the RH-7 District: In the RH-7 zoning district, the open space per
lot may be reduced from sixty percent to thirty percent of the lot if at least half of the
open space provided meets the open space requirements of Paragraph 9-9-11(e)(3),
B.R.C. 1981.
Section 9. Section 9-9-2(b), “General Provisions”, B.R.C. 1981, is amended to read as
follows:
9-9-2. General Provisions.
No person shall use or develop any land within the city except according to the following
standards, unless modified through a use review under Section 9-2-15, "Use Review," B.R.C.
1981, or a site review, Section 9-2-14, "Site Review," B.R.C. 1981, or a variance granted under
Section 9-2-3, "Variances and Interpretations," B.R.C., 1981.
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(a) Fire and Life Safety: All development shall meet the applicable requirements of Chapter 10-
8, "Fire Code," B.R.C. 1981.
(b) Maximum Permitted Buildings on a Lot: No more than one principal building shall be
placed on a lot in the RR, RE, and RL-1, and RM zoning districts unless approved under the
provisions of Section 9-8-3(a), “Density in the RR-1, RR-2, RL-1, RMX-1, and RH-7
Districts” B.R.C. 1981, Section 9-2-14, "Site Review," or Section 9-7-12, "Two Detached
Dwellings on a Single Lot," B.R.C. 1981.
…
Section 10. Section 9-10-3, “Changes to Nonstandard Buildings, Structures, and Lots and
Nonconforming Uses”, B.R.C. 1981, is amended to read as follows:
Changes to nonstandard buildings, structures, or nonstandard lots and nonconforming uses shall
comply with the following requirements:
…
(b) Nonstandard Lots or Parcels:
(1) Development Requirements: Vacant lots in all residential districts except RR-1
and RR-2 which are smaller than the lot sizes indicated in Section 9-8-1,
"Schedule of Intensity Standards," B.R.C. 1981, but larger than one-half of the
required zoning district minimum lot size, may be developed with a single-family
detached dwelling unit or, pursuant to the standards in Subsection 9-8-3(b),
“Density in the RR-1, RR-2, RL-1, RMX-1, and RH-7 Districts,” B.R.C. 1981,
with a duplex or two detached dwelling units, if the building or buildings meets
the setback requirements of Section 9-7-1, "Schedule of Form and Bulk
Standards," B.R.C. 1981. In RR-1 and RR-2 districts, lots which are smaller than
the minimum lot size but larger than one-fourth of the minimum lot size may be
developed with a detached dwelling unit or, pursuant to the standards in
subsection 9-8-3(b), with a duplex or two detached dwelling units, if the building
or buildings meets the setback requirements. In all other zoning districts, vacant
lots which are below one-half of the required minimum lot size for the zoning
district shall not be eligible for construction of principal buildings.
Section 11. Section 9-13-4, “Affordable Housing Design Review”, B.R.C. 1981, is
amended to read as follows:
9-13-4. Affordable Housing Design Review.
(a) Purpose: The affordable housing design review is established to provide a uniform and
consistent method for evaluating proposals for meeting inclusionary housing requirements
where site review or form-based code review is not required.
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(b) Affordable Housing Design Review Required: All developments with more than forty units
providing permanently affordable units on or off-site to meet an inclusionary housing
requirement and all off-site developments in excess of forty units providing permanently
affordable units shall be subject to the affordable housing design review unless the
development is approved pursuant to a site or form-based code review. Residential projects
seeking to be exempt from site review pursuant to Subparagraph 9-2-14-(b)(3)(G), B.R.C.
1981, may be reviewed under the affordable housing design review process regardless of
the number of units proposed in the development.
Section 12. Section 9-16, “General Definitions”, B.R.C. 1981, is amended to read as
follows:
(a) The definitions contained in Chapter 1-2, "Definitions," B.R.C. 1981, apply to this title
unless a term is defined differently in this chapter.
(b) Terms identified with the references shown below after the definition are limited to those
specific sections or chapters of this title:
(1) Airport influence zone (AIZ).
(2) Floodplain regulations (Floodplain).
(3) Historic preservation (Historic).
(4) Inclusionary housing (Inclusionary Housing).
(5) Solar access (Solar).
(6) Wetlands Protection (Wetlands).
(7) Signs (Signs).
(c) The following terms as used in this title have the following meanings unless the context
clearly indicates otherwise:
A—E
…
Conforming use means any use of a building or use of a lot that is permitted by Section 9-6-1,
"Schedule of Permitted Land Uses," B.R.C. 1981 and meets any applicable specific use
standards. A conforming use also includes:
(1) A legal existing use that is not prohibited but was not approved as a conditional use
or use review use;
(2) A use approved pursuant to a valid use review or special review, except where the
review was a nonconforming use review.
…
Nonconforming use means any legally established use of a building or use of a lot that is
prohibited by Section 9-6-1, "Schedule of Permitted Land Uses," B.R.C. 1981. A
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nonconforming use also includes an otherwise conforming use, except a single dwelling unit
on a lot, that, as a result of adoption of or amendments to zoning standards, does not meet the
following parking or residential density requirements, including, without limitation, the
requirements for minimum lot area per dwelling unit, or useable open space per dwelling unit
requirements of Section 9-8-1, “Schedule of Intensity Standards,” B.R.C. 1981, or the required
off-street parking requirements of Sections 9-8-1, "Schedule of Intensity Standards," or 9-9-6,
"Parking Standards," B.R.C. 1981.
…
Section 13. Appendix J, “Reserved”, B.R.C. 1981, is amended to read as follows:
Section 14. This ordinance is necessary to protect the public health, safety, and welfare of
the residents of the city, and covers matters of local concern.
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Section 15. 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 19th day of December 2024.
____________________________________
Aaron Brockett,
Mayor
Attest:
____________________________________
Elesha Johnson,
City Clerk
READ ON SECOND READING, AMENDED AND PASSED, this 9th day of January
2025.
____________________________________
Aaron Brockett,
Mayor
Attest:
____________________________________
Elesha Johnson,
City Clerk
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READ ON THIRD READING, PASSED, AND ADOPTED, this 6th day of February
2025.
____________________________________
Aaron Brockett,
Mayor
Attest:
____________________________________
Elesha Johnson,
City Clerk