Attachment A - Annotated Ordinance 8745

Regular Meeting, April 16, 2026 · item 3H: Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8745, amending Title 7, “Parking For C… · 24 pages

This is the text extracted from the file, without its layout, tables, or images. Use the original for anything that matters.

Attachment A: Annotated Ordinance 8745

NOTE: This version of the draft ordinance includes footnotes that help to describe all of the proposed changes as well as the redlined tracked changes to existing code language.

9-2-13. Concept Plan Review and Comment. (a)

…

Projects Required to Complete Concept Review and Comment: Any applicant for a development that exceeds the "Site Review Required" thresholds set forth in Paragraph 9-214(b)(1), B.R.C. 1981, shall complete the concept review process prior to submitting an application for site review. Projects that do not require site review pursuant to Paragraph 92-14(b)(3), “Exceptions,” B.R.C. 1981, are not required to complete a concept plan review.1

9-2-14. Site Review. … (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: (1)

…

Development Review Thresholds: (E)

Height Modifications: A development which exceeds the permitted height requirements of Section 9-7-5, "Building Height," or 9-7-6, "Building Height, Conditional," B.R.C. 1981, or of Paragraph 9-10-3(b)(2), "Maximum Height," B.R.C. 1981, to the extent permitted by that paragraph for existing buildings on nonstandard lots, is required to complete a site review and is not subject to the minimum threshold requirements. No standard other than height may be modified under the site review unless the project is also eligible for site review. A development that exceeds the permitted height requirements of Section 9-7-5 or 9-7-6, B.R.C. 1981, must meet any one of the following circumstances in addition to the site review criteria: (x)

The height modification is to allow a building with up to three stories and the building height accommodates a use in the community, cultural, and educational use category or the recreation or entertainment use category. The use must be established within three years of the date of the final approval.2

Some new exceptions were added in previous ordinances. This change is intended to clarify that those projects are also not required to do a Concept Plan, even if they would meet the threshold in the table. 2 Allows for uses within these categories to request a height modification up to 3 stories as many of these uses, like a theater or museum, can have high floor to ceiling heights and therefore meet the height limit in feet but not stories. These height modifications would still be subject to the same standards as other height modifications. 1

TABLE 2-2: SITE REVIEW THRESHOLD TABLE Zoning District RL-1 RL-2

Concept Plan and Site Review Required (a) 3 acres or 18 dwelling units

RH-3 RH-4 RH-5 RH-7 RH-6 MU-1 MU-3

2 acres or 30,000 square feet of floor area

3 acres or 30,000 square feet of floor area 1 acre or 30,000 square feet of floor area 1 acre or 30,000 square feet of residential floor area or 20,000 square feet of nonresidential floor area 1 acre or 50,000 square feet of floor area

Minimum Size for Site Review Projects with nonresidential use(s): no minimum size. Projects with only residential uses: 3 acres with at least 5 dwelling units proposed or at least 5 dwelling units permitted per Chapter 9-8.3Standard in footnote (b) applies 7,500 square feet of floor area

Projects with nonresidential use(s): no minimum size. Projects with only residential uses: 3 acres with at least 5 dwelling units proposed or at least 5 dwelling units permitted per Chapter 9-8.Standard in footnote (b) applies

DT-1 DT-2 DT-3 DT-4 DT-5 BC-2 2 acres or 30,000 square feet of floor area BT-1 BT-2 RH-1 RH-2 RM-1 RM-2 RM-3 RMX-1 RMX-2 BC-1 3 acres or 50,000 square feet of floor area BMS BR-1 BR-2 IMS MU-2 MU-4 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 5 acres or 100,000 square feet of floor area IM IS-1 2 acres IS-2 A Not required RE Not required Not eligible RR-1 RR-2 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.

Moving language in footnote into actual table for clarity.

… (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: (22)

… (h) …

The height standards in Paragraph 9-10-3(b)(2), "Maximum Height," to the extent permitted for existing buildings or structures exceeding the height limitation of that paragraph and the number of permanently affordable units requirement in Paragraph 9-10-3(c)(43)(B), "No Reduction in Affordable Units," pursuant to the standards of that paragraph.4

Criteria: No site review application shall be approved unless the approving agency finds that the project is consistent with the following criteria: (4)

…

Additional Criteria for Buildings Requiring Height Modification or Exceeding the Maximum Floor Area Ratio: Any building exceeding the by-right or conditional zoning district height as permitted by Section 9-2-14(b)(1)(E), B.R.C. 1981, and any building exceeding the by-right floor area limits as permitted by Section 9-2-14(h)(6)(B), B.R.C. 1981, shall meet the following requirements: (B)

Building and Site Design Requirements for Height Modifications: (i)

Buildings requiring a height modification shall meet the following requirements: a.

Height Modification Other than Height Bonus: For buildings no taller than three stories and subject to a height modification pursuant to Subparagraph 9-2-14(b)(1)(E)(i) through (vii) and (ix), the building's height, mass, and scale is compatible with the character of the surrounding area.5

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9-2-15. Use Review. … (f) …

4 5

Additional Criteria for Expansion of a Nonconforming Use: No application for an expansion of a nonconforming use shall be granted unless all of the following criteria are met in addition to the criteria set forth above: (4)

Cannot Reasonably Be Made Conforming: The existing building or lot cannot reasonably be utilized or made to conform to the requirements of Chapter 9-6, "Use

Correcting citation. Updated to include new height modification option (x).

Standards," 9-7, "Form and Bulk Standards," 9-8, "Intensity Standards," or 9-9, "Development Standards," B.R.C. 1981. This paragraph (4) shall not apply to reconstruction or restoration permitted pursuant to Paragraph 9-10-3(c)(43),6 B.R.C. 1981, with respect to density and other pre-existing nonconformities of the use or nonstandard features of the building.

… (i)

Minor Use Review Process: A use review for a nonresidential use that is proposed to occupy an existing nonresidential space without any site changes may be reviewed pursuant to a minor use review process. For the purposes of this subsection, site changes do not include changes to landscape plantings, pedestrian pathways, fencing, installation of bicycle parking, ordinary site maintenance or repair, signs, or site lighting.7

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9-2-19. Rezoning. … (f)

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Additional Criteria for the MU-4, RH-3, RH-6 and RH-7 zoning districts. In the MU-4, RH-3, RH-6 and RH-7 zoning districts, for an application not incidental to a general revision of the zoning map, the city council shall also find that the rezoning meets the following criteria, in addition to Subsection (e) above: (3)

…

Transportation Demand Management Services. In the MU-4, RH-6 and RH-7 zoning districts, the property subject to the rezoning is located within an area that has parking and transportation related service provided by a general improvement district or an equivalent organization or otherwise meets the trip generation requirements of Section 9-9-22, "Trip Generation Requirements for the MU-4, RH-6 and RH-7 Zoning Districts," B.R.C. 1981.8

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. …

Fixing incorrect citation The new minor use review process, implemented in July 2024, has been very successful at reducing application processing times. Staff recommends including fencing in this list, as there have been several use review applications with fencing involved that have similar limited impacts to these other listed site changes. This would allow more use review applications to be processed as minor use reviews and further streamline application processing times. 8 This language is duplicative in the code and can be removed. It is also in 9-9-22. 6 7

TABLE 6-1: USE TABLE IG

IMS

B1 …

DT-5

DT-1, DT-2, DT-3 IS-1, IS-2

DT-4

BCS

BR-1, BR-2

BMS

- = Prohibited

BC-1, BC-2

MU-4

[ ] = Specific Use Standards Apply

BT-1, BT-2

MU-2

MU-1

MU-3

RH-6

RMX-2

RH-1, RH-2, RH-4, RH-5

U = Use Review

RH-3, RH-7

RMX-1

RL-2, RM-2

Use Module

C = Conditional Use

RM-1, RM-3

Zoning District

RR-1, RR-2, RE, RL-1

A = Allowed

Specific Use Standards

COMMERCIAL USES … Office Uses Administrative office Medical office9

[A]

[C]

Office10

[A]

Research and development11

[A]

[U]

[A]

[U]

[A]

9-6-5(i), (j) 9-6-2(c) 9-6-5(i), (k) 9-6-2(c) 9-6-5(i), (l) 9-6-2(c)

… Vehicle-Related … Service of vehicles12

[U]

9-6-5(aa)

…

9-6-3. Specific Use Standards - Residential Uses. … (n)

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Accessory Dwelling Unit: (1) The following standards apply to an accessory dwelling unit: (A) General Standards: An accessory dwelling unit shall meet the following standards: (vi)

Utilities: The accessory dwelling unit shares utility hookups and meters with the principal dwelling unit, unless a separate utility hookup is approved pursuant to the City of Boulder Design and Construction Standards.13

(vii)

Declaration of Use for Affordable Accessory Dwelling Units: Before obtaining approval for an affordable accessory dwelling unit, all owners shall sign a declaration of use, including all the standards for

Combined floor area standards for office uses category are proposed to be removed from 9-6-5(i) in this ordinance, so the “[ ]” reference has been removed. 9-6-5(i) still remains in the right-hand column as there are still standards relevant to the MU-4 district for this use. 10 Combined floor area standards for office uses category are proposed to be removed from 9-6-5(i) in this ordinance, so the “[ ]” reference has been removed. 9-6-5(i) still remains in the right-hand column as there are still standards relevant to the MU-4 district for this use. 11 Combined floor area standards for office uses category have been removed from 9-6-5(i), so the “[ ]” reference has been removed. 9-6-5(i) still remains in the right-hand column as there are still standards relevant to the MU-4 district for this use. 12 Adding brackets to several of the use modules to reflect the relocation of a standard from the definition into a general use standard that applies in all districts. 13 Throughout Boulder’s 40+ year history of allowing ADUs, they have been required to share utilities. This is beneficial as it does not require separate tap fees that other cities require and ensures that ADUs remain accessory uses. A standard stating this was removed in the ADU update in 2018, causing some confusion as the Design and Construction Standards still require the sharing of utilities. This change provides clarity by including it in the Land Use Code as well. 9

continued use, to be recorded in the office of the Boulder County Clerk and Recorder to serve as actual and constructive notice of the legal status of the owner's property. The declaration shall include a sworn certification that the unit will meet the affordability standard and a statement of the number of bedrooms. (viii)

Prior Approvals: Any prohibition of accessory dwelling units in any prior planned development, planned residential development, planned unit development, site review, or use review approval is void and shall not be enforced, provided the accessory dwelling unit is established consistent with the requirements of this subsection.

… (viiiix) Amendments: The owner of an accessory dwelling unit may amend the approved size, affordability status, or other characteristics of an approved accessory dwelling unit by filing a building permit application that demonstrates compliance with applicable accessory dwelling unit standards. … (o)

Home Occupation: (1)

…

A home occupation is allowed by right if the accessory use meets the following standards: (D)

Prohibitions: No person shall engage in a home occupation except in conformance with all of the requirements of Paragraph (no)(1)(A) of this section, except as provided in Paragraph (no)(1)(B) of this section.14

9-6-4. Specific Use Standards - Public and Institutional Uses. … (f)

14 15

Wireless Communications Facility:15 (1)

Applicability: This subsection (f) sets forth standards for wireless communications facilities in the public right-of-way as outlined in subsection (2) or not located in the public right-of-way as specified in subsection (3) as well as the applicable review processes and required review timeframes.

(2)

Standards for wireless communications facilities located in the public right-of-way: Small cell facilities in the public right-of-way shall follow the standards located in

Fixing incorrect citations. This additional language ensures that Boulder’s code is consistent with state law passed in 2025.

…

Section 8-6-6.5, "Small Cell Facilities in the Public Right-of-Way Permits," B.R.C. 1981. (3)

Standards for wireless communications facilities not located in the public right-ofway: A wireless communications facility may be approved as a conditional use and principal use on a lot if the following standards are met:

(4)

Application Fees: An applicant shall pay the fees described in Section 4-20-43, "Development Application Fees," B.R.C. 1981, for wireless communications facilities.

(5)

Review Processes: Wireless communications facilities subject to this section shall be reviewed as follows: (A)

New wireless communications facilities: New wireless communications facilities, collocation or modification to such use, other than those listed in subsection (B) shall be reviewed in accordance with the procedures established in Section 9-2-2, "Administrative Review Procedures," B.R.C. 1981, and the requirements of this subsection.

(B)

Eligible facilities and small cell requests: Eligible facilities requests, including small cell facilities and equipment changes with no substantial change, new small cell facilities, and collocation for non-eligible facilityies request small cell facilities shall be reviewed pursuant to the following procedures and standards: (iv)

Compliance with Other Laws: Consistent with C.R.S. § 29-27-405(2), all work on wireless communications facilities, including eligible facilities requests, Notwithstanding the approval of an application, all work done pursuant to the application must be completed in accordance with all generally applicable laws, regulations or other rules reasonably related to public health and safety, including but not limited to, building and safety codes. Additionally, the city specifically finds that: a.

All work on wireless communications facilities that occurs within or otherwise impacts any city right-of-way by its very nature impacts public safety, including without limitation the need to ensure the structural stability of facilities and associated infrastructure, the need to ensure adequate sightlines for both pedestrian and vehicular traffic, and the need to control and re-route traffic. The city requires that prior to any such work is performed, all generally applicable permits related to that work must be obtained; and

If the city manager determines that any work to be conducted on a wireless communications facility located on private property impacts public safety, including without

limitation the need to ensure the structural stability of facilities and associated infrastructure, the city manager may require generally applicable permits in accordance with this subsection.

…

TABLE 6-6: TIMEFRAME FOR REVIEW Type of Wireless Communications Facility New, non small cell, wireless communications facilities. Small cell facilities installed on an existing tower or base station. Collocation or modification wireless communication facilities which are not eligible facilities requests, new small cell facilities, and collocation of non-eligible facility request small cell facilities. Small cell facilities installed on a new tower or base station New stand-alone small cell facilities. Eligible facility requests. Collocation or modification of an existing wireless communications facility that is not an eligible facilities request. of non-eligible facility request small cell facilities.

…

Timeframe for review from date of submittal 150 Days 60 days

90 days 60 days 690 days

(i)

The sixty-day review timeframes above for non-eligible facility request collocations for applications other than those for eligible facilities requests may be tolled if it is determined by the city manager, based on available resources, that it cannot reasonably and adequately review the collocation application or siting application due to another pending application for affordable housing, renewable energy, project of a government entity, or any other project for which law establishes a timeline to review permits. The city shall advise the applicant in writing of the duration of the tolling and the reason for its determination.

(ii)

The timeframes for review under this subsection shall apply only to applications for wireless communications facilities under this subsection, and any other application specific to a specific wireless site, and shall not apply to any building, right-of-way, or any other non-wireless site-specific permit issued by the city pursuant to the provisions of the Boulder Revised Code 1981. Unless otherwise agreed to by applicant and the city manager, if a decision on the application is not issued according to the timeframe provided above, the application shall be deemed approved, and the permit shall be issued. If the approval is for a concealed wireless communications facility, the written decision shall specifically identify that the wireless communications facility is a concealed facility.

9-6-5. Specific Use Standards - Commercial Uses. … (d)

Mobile Food Vehicle:16 (1)

General Standards: The following applies to any mobile food vehicle use: (A)

(iiB)

Location: Mobile food vehicles may operate in any of the following locations 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: (i)

Lot or Parcel: On a lot or parcel in the Mixed Use, Business, Downtown, or Industrial zoning districts.

(ii)

Right-of-Way: Mobile food vehicles within the public right-of-way shall only operate in the Within public right-of-way in the RR-1, RR-2, RE, RL-1, IS-1, IS-2, IG, IM, IMS, and or P zoning districts.

(iii)

City Park: In any zoning district in parking lots or other areas within a city park designated by the city manager or in public right-of-way abutting a city park designated by the city manager.

(iv)

Organized Event: In any zoning district on public property or in the public right-of-way as part of an organized event or street closure permit that is granted pursuant to the authority in Section 4-18-2, “Public Property Use Permit,” B.R.C. 1981, or other relevant code section.

(v)

Airport: In the public zoning district at the Boulder Municipal Airport in such areas and manner within Lot 2, Airport South Subdivision, as approved by the city manager pursuant to Section 11-4-4, “Special Airport Activity Permits,” B.R.C. 1981.

Distancing Requirements: The use mobile food vehicle shall be located at least: a.(i)

One hundred fifty150 feet from any residential zoning districts, unless the use is allowed by subparagraphs (d)(1)(A)(iii), (d)(1)(A)(iv), or (d)(1)(A)(v) except as provided in Subsection (d)(1)(A)(iv) of this section;

The mobile food vehicle standards were adopted in 2011 and are a common source of confusion for staff and applicants alike. These changes reorganize the standards but do not substantively alter them. A future work effort is planned to tackle substantive changes. 16

b.(ii)

One hundred fifty150 feet from any existing restaurant. In the BC-1 zoning district, the city manager may waive this requirement if the applicant, at the time of permit issuance, and each renewal of a permit, submits to the city manager signed statements supporting the issuance of the permit from every restaurant within 150 feet of the proposed food truck location except as provided in Subsection (d)(1)(A)(vii) below;

c.(iii)

If within the public right-of-way, at least Two hundred 200 feet from any other mobile food vehicle with regard to in the public right-ofway sales, no more than four mobile food vehicles per private property in the MU-1, MU-2, MU-3, BT-1, BT-2, BMS, BC-1, BC-2, BCS, BR-1, BR-2, DT-1, DT-2, DT-3, DT-4, and DT-5 zoning districts, and no limitation on the number of mobile food vehicles per private property with the owner's permission in the Industrial zoning districts; and

d.(iv)

Distances shall be measured by the city on official maps as the radius from the closest points on the perimeter of the applicant's mobile food vehicle to the closest point of the designated residential zone or property of the restaurant. For purposes of this subsection, the term restaurant shall include "eating places" and "retail bakeries" as defined by the Standard Industrial Classification Manual, the edition of which shall be determined by the city manager. With regard to measurement between two or more mobile food vehicles in the public right-of-way, measurement shall be in the form of standard measuring devices, including and not limited to, a tape measure.

(iiiC)

Limit Per Property: In the Mixed Use, Business, and Downtown zoning districts, no property shall have more than four mobile food vehicles. No person shall operate a mobile food vehicle in a public zoning district unless in connection with an organized event pursuant to Section 4-18-2, "Public Property Use Permits," B.R.C. 1981, or at the Boulder Municipal Airport ("Airport") in such areas and manner within the Airport property as approved by the city manager pursuant to Section 11-4-4, "Special Airport Activity Permits," B.R.C. 1981. For purposes of this section, the Airport property shall be defined as Lot 2, Airport South Subdivision.

(ivD)

Organized Event: Mobile food vehicles that are allowed pursuant to an organized event or street closure permit under subparagraph (d)(1)(A)(iv) are not subject to the distancing requirements or limits of subparagraphs (d)(1)(B) and (C), but are subject to any conditions imposed in connection with the event. No person shall operate a mobile food vehicle in a residential zoning district except with prior approval by the city manager in the parking lot or the public right-of-way adjacent to North Boulder Park or in any other park as approved by the manager.

(2)

Mobile Food Vehicle License (vA)

(B)

License: No person shall operate a mobile food vehicle sales use without a permit license or in violation of the conditions of a permit license. The permit license will be valid for twelve consecutive months or such time up to two years, or as the city manager may by rule designate. Such application The license applicant shall meet the following requirements in the application and, as applicable, during the license term: a.(i)

Provide proof of, and maintain, a valid driver's license, motor vehicle registration, and current motor vehicle insurance;

b.(ii)

Or in the case of a bicycle mobile food vehicle; provide proof of, and maintain, a valid driver's license or state issued picture identification card and evidence of insurance coverage required by Section 4-1-8, "Insurance Required," B.R.C. 1981;

c.(iii)

Provide proof of, and maintain, a Colorado retail food license for a mobile unit;

d.(iv)

Provide proof of, and maintain, a valid sales use tax license;

e.(v)

Provide payment ofPay the fee prescribed by Section 4-20-66, "Mobile Food Vehicle Sales," B.R.C. 1981.

Licensing Requirement: The general licensing provisions of Chapter 4-1, “Licenses and Permits,” B.R.C. 1981, apply to mobile food vehicle licenses. (vi)

As a condition of accepting the permit license, the applicant shall sign an agreement, in a form acceptable to the city manager, in which the applicant agrees to meet all requirements under this section and Chapter 4-1, "General Licensing Provisions," B.R.C. 1981, and assume responsibility for the actions and omissions of its agents and employees in the performance of or failure to perform its obligation under the permit.

(vii)

The city manager may, in his or her discretion, waive the requirements of Subsection (d)(1)(a)(ii)b. above if the applicant at the time of issuance, and each renewal of the permit, submits to the city manager signed statements supporting the issuance of the permit from every restaurant within 150 feet of the proposed food truck location. The city manager may waive such requirements only for the BC-1 zoning district. The city manager may deny a request for waiver for any reason, with or without good cause.

Scope: (i)

In addition to the zoning districts permitted by this section, mobile food vehicle sales may take place in other public property locations,

or in the public right-of-way, but only as part of an approved organized event or street closure permit, and granted pursuant to the authority in Section 4-18-2, "Public Property Use Permits," B.R.C. 1981, or any other relevant code section.

(C)

(ii)

The standards set forth in Subparagraphs (d)(1)(A)(ii) and (d)(1)(C) shall not apply to mobile food vehicle sales that meet the criteria as indicated in Subparagraph (d)(1)(B)(i) of this section, but shall be subject to any conditions imposed in connection with the event. All other requirements of this subsection shall apply.

(iii)

The city manager may, from time to time, prohibit the issuance of additional licenses in specified areas of the city in the interest of avoiding traffic congestion or preserving the public health, safety, and welfare.

Operating Requirements: No person who operates any mobile food vehicle on public property or private property shall: (i)

Obstruct the pedestrian or bicycle access or the visibility of motorists, nor obstruct parking lot circulation or block access to a public street, alley, path, or sidewalk;

(ii)

Locate any vehicle, structure, or device upon a public sidewalk within the extended boundaries of a crosswalk, or within ten feet of the extension of any building entranceway, doorway, or driveway;

(iii)

Fail to maintain, and provide proof when requested, of written consent from the private property owner authorizing the property to be used for the proposed use with regard to mobile food vehicle sales on private property;

(iv)

Fail to park legally or fail to park in a manner consistent with city manager approval of parking within any city-owned parking lot;

(v)

Operate before 7 a.m. or after 9 p.m. and for more than a maximum of four hours at any one approved location;

(vi)

Set up any structures, canopies, tables, or chairs;

(vii)

Sell anything other than food and nonalcoholic beverages;

(viii)

Provide amplified music;

(ix)

Place signs/banners in or alongside the public right-of-way or across roadways. Signs must be permanently affixed to or painted on the mobile food vehicle;

… (i)

…

(x)

Fail to have the vehicle attended at all times;

(xi)

Fail to permanently display to the public in the food handling area of the mobile food vehicle the permit authorizing such use;

(xii)

Fail to provide at least three separate and clearly marked receptacles for trash, recycling, and compost and properly separate and dispose of all trash, refuse, compost, recycling, and garbage that is generated by the use;

(xiii)

Cause any liquid wastes used in the operation to be discharged from the mobile food vehicle;

(xiv)

Sell in transit. "In transit" as used in this subsection shall mean traveling from one destination to another either by roadway, sidewalk, or path and in the case of a human powered mobile food vehicle shall also include any stops along the way;

Office Uses: (1)

This subsection (i) sets forth standards for uses in the office uses category that are subject to specific use standards pursuant to Table 6-1, Use Table.

(3)

Office Uses in the BT-1, BT-2, BMS, BR-1, and BR-2 Zoning Districts:17 (A)

Review Process: In the BT-1, BT-2, BMS, BR-1, and BR-2 zoning districts, the following review process applies to office uses: (i) Allowed Use: Office uses are allowed by right if they meet the following standards: a.

The use is located within the University Hill general improvement district;

The combined total amount of floor area of any office uses does not exceed 20,000 square feet on the lot or parcel; or The use was legally established within the associated floor area prior to August 6, 2019. Changes in operations, such as changes in ownership, tenancy, management, number of employees, hours of operation, or changes to other uses also within the office use category within the existing floor

There are a few use standards in 9-6 that determine review process type by combined floor area. After administering these standards for nearly 7 years, staff recommends removal in these districts. These standards have proven immensely time consuming and confusing for both applicant and staff, and place a significant burden on applicants, tenants, and commercial property owners. No conditional uses or use reviews have ever been required as a result of these regulations, so this change is unlikely to have much impact, other than greatly improving efficiency for small businesses to obtain business license approval. 17

area referenced in this subsection, do not require city manager review. Additions or changes to floor plans that result in the combined floor area of these uses exceeding 20,000 square feet are not allowed by right and are subject to the standards of Subparagraphs (A)(ii) and (A)(iii). (ii)

Conditional Use: The use may be approved as a conditional use if the following standards are met: a.

The total amount of floor area of any office uses does not exceed 40,000 square feet on the lot or parcel;

Dwelling units are constructed on the same lot or parcel or within the area of the same approved site review, planned unit development, or form-based code review and at least thirteen percent of those dwelling units meet the requirements for permanently affordable units set forth in Chapter 9-13, "Inclusionary Housing," B.R.C. 1981; and

(iii)

(4)

No less than two permanently affordable units are constructed on said lot or parcel or within said area of an approved site review, planned unit development, or formbased code review. Use Review: Any use that is not allowed by right and may not be approved as a conditional use may be approved pursuant to a use review if the approving authority finds that the use: a.

Meets the use review criteria in Paragraphs 9-2-15(e)(2), (3), and (4), "Use Review," B.R.C. 1981; and

The proposed use is part of a mixed-use development that includes residential or retail uses.

Office Uses in the BCS Zoning District:18 (A)

In the BCS zoning district, office uses are allowed by right if the combined total amount of floor area of such uses does not exceed fifty percent of the total floor area of the building, and are otherwise prohibited.

… (aa)

Service of Vehicles: (1)

18 19

General Standard: Any outdoor storage may not exceed five consecutive days.19

Same change as other related to combined floor area. This incorporates language from the definition.

(2)

In the MU-4, and BMS, and IM Zoning Districts:20 (A)

(23)

In the MU-4, and BMS, and IM zoning districts, outdoor storage is prohibited between the hours of 9 p.m. and 7 a.m. of the following day.

In the BCS Zoning District: (A)

In the BCS zoning district, service of vehicles is allowed by right if the use does not include outdoor storage. Service of vehicles that is not allowed by right may be approved only pursuant to a use review.

9-7-1. Schedule of Form and Bulk Standards. …

TABLE 7-1: FORM AND BULK STANDARDS

Zoning District

A RR-1

RR-2 RE

RH-2 RH-5 P

RL-1 RM-2 RMX-1

BT-2

Form module

Maximum wall height for detached dwelling units at zero lot line setback (972(bc)(3))21

12'

BT-1 BC BR IS-1 IS-2 IG IM f

RL-2 RM-1

RH-4

MU-1

RM-3 RH-1 RH-6

RMX-2

RH-3 RH-7

i j k l … PRINCIPAL AND ACCESSORY BUILDING HEIGHT(n) … 12' 12'

BCS

MU-3

BMS MU-4

DT-1 DT-2 DT-3 DT-5

DT-4

MU-2 IMS

12'

n/a

…

Footnotes to Table 7-1, Form and Bulk Standards:22 In addition to the foregoing, the following miscellaneous form and bulk requirements apply to all development in the city: (a) On corner lots, side yard must meet principal building front yard setback where adjacent lot fronts upon the street, unless the subject yard was platted as a side yard at a time when the adjacent lot did not front upon the street. (b) For zero lot line development, including side yard setbacks from interior lot lines for townhouses, see Subsection 9-72(bc), B.R.C. 1981. (c) The permitted height limit may be modified only in certain areas and only under the standards and procedures provided in Sections 9-2-14, "Site Review," and 9-7-6, "Building Height, Conditional," B.R.C. 1981. (d) For buildings over 25 feet in height, see Subsection 9-9-11(c), B.R.C. 1981. (e) For other setback standards regarding garages, open parking areas, and flagpoles, see Paragraph 9-7-2(de), B.R.C. 1981. (f) Where a rear yard backs on a street, see Paragraph 9-7-2(cd), B.R.C. 1981. (g) This maximum height limit applies to poles that are light poles at government-owned recreation facilities but not to other poles. Other poles have a maximum height of 55 feet in all zones. For additional criteria regarding poles, see Section 9-214, "Site Review," B.R.C. 1981. (h) For front yard setback reductions, see Subsection 9-7-2(ab), B.R.C. 1981. (i) For side yard setback requirements based on building height, see Section Subparagraph 9-7-2(bc)(78), "Setback Relative to Building Height," B.R.C. 1981. …

IM has been removed from this as outdoor storage is already explicitly permitted per the use table. Cleanup – incorrect citation. 22 Cleaning up incorrect citations. 20 21

9-7-2. Setback Standards. … (c)

…

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," may have upper stories set back either five feet or the distance required by Chapter 10-5 "Building Code," B.R.C. 1981, whichever is greater.23

(21)

Maintenance Easements Required in Residential Zoning Districts: In residential zoning districts that allow a zero side yard or rear yard setback, the applicant shall be required to secure a recorded maintenance easement from the adjoining property owner if the zero setback side is not attached to another structure. The easement shall be effective for the life of the building. The easement shall not be less than three feet in width measured parallel to that portion of the building at zero setback.

(32)

Wall Height for Residential Zero Lot Line: The maximum wall height for detached dwelling units at the zero setback property line shall be twelve feet. Townhouses, consistent with Subparagraph (7), below, are not subject to this restriction.

(43)

Calculating Residential Zero Lot Line Side Yard Setbacks: For detached dwelling units, the side yard setback opposite the zero setback property line shall be the sum of both side yards for the district.

(54)

Combined Side Yard Setbacks: When combined side yard setbacks are required by Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, the resulting structure, including the existing structure and any addition, must meet the combined side yard setback requirements. (See Figure 7-2 of this section for compliant and noncompliant examples.)

(65)

Existing Nonstandard Side Yard Setbacks for Existing Detached Dwelling Units: A second story addition that does not comply with the minimum interior or combined side yard setbacks may be added to an existing detached dwelling unit subject to the following:

(76)

Townhouses: There is no minimum side yard setback from an interior lot line between one townhouse and an adjoining townhouse.

This complex standard has been in the code since 2000. Based on building code at that time and maintenance concerns – building code now allows 0 ft setbacks with proper fire rating, so it is recommended for removal. 23

(87)

…

Setback Relative to Building Height: For buildings subject to the side yard setback requirements based on building height, the setback shall be determined consistent with Figure 7-3. For the purposes of this subparagraph, wall height shall be measured from finished grade as follows: (A)

Sloped roofs shall be measured from adjacent finished grade to the point where the vertical wall intersects with the sloped roof.

(B)

Flat roofs shall be measured from adjacent finished grade to the top of the parapet.

(C)

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 7-3: Setback Relative to Building Height

9-9-5. Site Access Control. (a)

Access Control: Vehicular access to property from the public right-of-way shall be controlled in such a manner as to protect the traffic-carrying capacity and safety of the street upon which the property abuts and access is taken, ensuring that the public use and purpose of public rights-of-way is unimpaired as well as to protect the value of the public infrastructure and adjacent property. The requirements of this section apply to all land uses, including detached dwelling units, if motor vehicle access is provided to the property from the public right-of-way, as follows:

… (c) …

Standards and Criteria for Site Accesses and Curb Cuts: Any access or curb cut to public rights of way shall be designed in accordance with the City of Boulder Design and Construction Standards and the following standards and criteria: (8)

Residential Driveways: Any proposed driveway or access for a property with a residential use must lead to an off-street parking space meeting the requirements of this title and the City of Boulder Design and Construction Standards. In the RR, RE, RL, A, or P zoning districts, if an existing driveway located within the landscaped setback served as access to a parking area with at least one legally established parking space and the parking area is converted to other uses, the existing driveway may remain.24

…

9-9-6. Parking Standards. … (c)

General Parking Standards: (1)

ADA Accessibility Requirements: Where off-street parking spaces are provided, accessible parking spaces shall be provided, meeting the requirements of the Americans with Disabilities Act, as amended, and of Title 10, “Structures,” B.R.C. 1981.25

…

This addresses an unintended consequence of this language that had been added in Ordinance 8696 which eliminated minimum parking requirements. It allows existing driveways in certain districts to remain even if they no longer lead to a parking space within a garage, for example. 25 This reference has been added because the building permit review process also determines compliance with accessibility requirements in the building code. 24

(d)

Motor Vehicle Parking Design Standards:26 (1)

Location of Open or Enclosed Parking: Open or enclosed parking areas are subject to the following requirements: (A)

… (2)

…

No parking areas shall be located in any required landscaped setback abutting a street. However, in the RR, RE, RL, A, or P zoning districts, if an existing driveway serves or formerly served as access to at least one parking space that meets the design requirements of this title and that is located outside of the landscaped setback, up to two vehicles may be parked in the driveway within the landscaped setback. The requirements of this subsection may be varied to allow off-street parking to be located within the front yard setback pursuant to the standards and procedures in Section 9-23, B.R.C. 1981.

Parking Stall Design Standards: Parking stalls shall meet the following standards, based on stall type. The minimum maneuvering area to the rear of any parking stall shall be no less than twenty-four feet except as specified in Table 9-1 below for parking at an angle other than the 90-degree category. If the proposed use anticipates long-term parking as the major parking demand, the city manager may reduce those minimum parking stall sizes. (B)

Small Car Stalls: (i)

Small Car Stalls Allowed: A proportion of the total spaces provided in each parking area may be designed and shall be signed for small car use according to Table 9-3 of this section. TABLE 9-3: SMALL CAR STALLS Total Spaces Required Provided27 5—49 50—100 101 or greater

Allowable Small Car Stalls 40 percent 50 percent 60 percent

…

This change, to align with the proposed change in 9-9-5, allows for two vehicles to park in driveways in landscaped setbacks. This would allow for parking, ease of EV charging, and similar uses, even if a former garage, for example, is converted to living space. This exception for two parked cars has been in the code for decades, but used to only apply when a property met its full parking requirement, but minimum parking requirements were eliminated in 2025. 27 Correction based on Ordinance 8650 which eliminated minimum parking requirements. 26

9-9-12. Landscaping and Screening Standards. … (b)

Scope: This section and Section 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981, apply to all nonresidential and residential developments unless expressly stated otherwise. (1)

…

The standards in this Section, Chapter 8.5, "Wildland Code," of Title 10, "Structures," Sections 9-9-13, "Streetscape Design Standards," 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981, the Boulder Approved Tree and Plant List, and the City of Boulder Landscape Manual, shall be met prior to a final inspection for any building permit for one of the following: (C)

Other Site Improvements: on Lots or Parcels with More than Three Units: Site improvements on lots or parcels with more than three units associated with a building permit that disturbs more than fifty percent of the existing aggregate landscape area or more than 5,000 square feet on a lot or parcel, whichever is less. For the purposes of this subsection, a land disturbance includes site grading, new landscaping, surfacing or resurfacing, but excludes footings and foundations for buildings and structures; Site improvements on a lot or parcel with any nonresidential use or with more than three dwelling units that results in at least one of the following: (i)

land disturbance of more than fifty percent of the existing aggregate landscape area; or

(ii)

land disturbance of more than 5,000 square feet of landscape area.

For the purposes of this subsection, a land disturbance includes site grading, new landscaping, surfacing, and resurfacing but excludes footings and foundations for buildings and structures.28 …

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: (3)

Standards for Water and Wastewater ImprovementsUtilities: Water and wastewater uUtilities are provided in conformity with the construction and design standards in

Correcting error in recent waterwise landscaping ordinance 8721. This amendment is to include nonresidential uses to comply with state law. 28

the City of Boulder Design and Construction Standards, and meet the following conditions:29

…

(E)

…

Existing utilities are also placed underground unless the subdivider demonstrates to the manager that the cost substantially outweighs the visual benefit from doing so.30 But transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, electric transmission and distribution feeder lines, communication long distance trunk and feeder lines, and other facilities necessarily appurtenant to such facilities and to underground utilities may be placed above ground within dedicated easements or public rights-of-way.

9-15-3. Administrative Procedures and Remedies. (a)

If the city manager finds that a violation of any provision of this title or any approval granted under this title exists, the manager, after notice and an opportunity for hearing under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, may take any one or more of the following actions to remedy the violation: (1)

Impose a civil penalty according to the following schedule: (A)

For the first violation of the provision or approval, $100.00$150.00;

… (5)

Assess a $250 fee if the city manager performed an investigative inspection to ascertain compliance with or violations of this title that is directly related to the finding of the violation.31

…

9-16-1. General Definitions. … Accessory building or structure means a detached building or structure located upon the same lot as the principal building or structure to which it is related and that: (1)

Is subordinate to and customarily found with the principal building, structure, or use of the land;

Clarifies that this section includes other types of utilities and slight reorganization for clarity. In light of Boulder’s wildfire risk, the benefits of placing utilities underground are more than just visual. 31 Updating penalties and investigative inspection costs to align these code sections with other code sections with similar enforcement costs, nuisance type and nuisance level. 29 30

(2) (3) (4)

(5)

For residential uses, the building coverage is no greater than the building coverage for the existing or proposed principal building; Is operated and maintained for the benefit or convenience of the occupants, employees, and customers of or visitors to the premises with the principal use; and Unless approved as an accessory dwelling unit pursuant to Subsection 9-6-3(n), the accessory building or structure: (A) Is used only by the occupant of the principal building or structure; , and Is not used as living or sleeping quarters; and32 (6B) For residential uses, the building or structure does not have any bathtub or shower fixtures and no more than one of any of the following combinations of plumbing fixtures: (A)1. (B)2.

One sink, one clothes washer connection, and one hose bib; or One sink and one toilet.

… Building coverage means the maximum horizontal area within the outer perimeter of the building walls, dividers, or columns at ground level or above, whichever is the greater area, including, without limitation, breezeways, courts, and exterior stairways, but excluding: (1) (2) (3) (4) (5) (6)

Uncovered decks, stoops, patios, terraces, and stairways, all less than thirty inches high; The outer four feet of completely open, uncovered, cantilevered balconies that have a minimum of eight feet vertical clearance below; Up to three hundred square feet of a detached dwelling unit front porch that is adjacent to a street; Up to one hundred fifty square feet of additional porch area not located in the front yard for a detached dwelling unit; One accessory building, no larger than eighty120 square feet in size and no taller than ten feet in height, associated with a detached dwelling unit; and33 Up to thirty inches of a roof or a breezeway overhang.

… Micro wireless facility means a small wireless facility that is no larger in dimensions than twentyfour inches in length, fifteen inches in width and twelve inches in height and that has an exterior antenna, if any, that is no more than eleven inches in length.34 …

Especially since the COVID pandemic, accessory structures are used for many different “living” purposes that are not necessarily a bedroom or living room – workout rooms, offices, etc. Removing this would make it more clear that those types of uses are indeed accessory uses. 33 This aligns with the size of a structure that is required to obtain a building permit. 34 Added language from 8-6-6.5 definitions for terms used in wireless communications facilities standards. 32

Service of vehicles means the repair, servicing, maintenance, or installation of accessories for vehicles including motorcycles, motorbikes, automobiles, trucks, snowmobiles, trailers, campers, recreational vehicles, sailboats, and powerboats. where outdoor storage of a vehicle does not exceed five consecutive days.35 … Small cell facility means any of the following: 36 A personal wireless communications facility as defined by the federal "Telecommunications Act of 1996" as amended as of August 6, 2014; or A wireless communications facility that meets the following qualifications: The facilities are mounted on structures fifty feet or less in height including their antennas; are mounted on structures no more than ten percent taller than other adjacent structures; or, do not extend existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater; Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and Primary equipment enclosures are no larger than twenty-eight cubic feet in volume as measured on the exterior surface of the enclosure. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch and cut-off switch; or A micro wireless facility. …

10-1-1. Definitions. (a) …

The following terms used in this title have the following meanings unless the context clearly indicates otherwise:

Accessory dwelling unit means an accessory dwelling unit permitted under Section 9-6-3(n), "Accessory Dwelling Unit," B.R.C. 1981. Accessory dwelling units shall not have separate utilities from the principal dwelling.37 …

This standard is moved out of the definition and into the 9-6-5(aa) use standards instead, which is the more appropriate location. 36 Added language from 8-6-6.5 definitions for terms used in wireless communications facilities standards. 37 This language is now incorporated in 9-6-3(n) instead. 35

10-5-2. Adoption of International Building Code With Modifications. … (r)

Section 114, "Violations," is repealed and reenacted to read: 114 Violations. (a)

General Provisions.

(b)

Administrative Procedures and Remedies.

…

(1)

If the city manager finds that a violation of any provision of this code or any approval granted under this code exists, the manager, after notice and an opportunity for hearing under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, may take any one or more of the following actions to remedy the violation: (A)

Impose a civil penalty according to the following schedule: (i)

… (E)

For the first violation of the provision or approval, $100$150;

Assess a $250 fee if the city manager performed an investigative inspection to ascertain compliance with or violations of this title that is directly related to the finding of the violation.38

…

Updating penalties and investigative inspection costs to align these code sections with other code sections with similar enforcement costs, nuisance type and nuisance level. 38