Attachment A - Proposed Ordinance 8721

Regular Meeting, February 5, 2026 · item 4C: Third reading and consideration of a motion to adopt Ordinance 8721 amending Section 4-20-43, “Development Application Fees,” Title 6, “Heal… · 24 pages

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ORDINANCE 8721

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AN ORDINANCE AMENDING SECTION 4-20-43, “DEVELOPMENT APPLICATION FEES,” TITLE 6, “HEALTH, SAFETY, AND SANITATION,” TITLE 8, “PARKS, OPEN SPACES, STREETS, AND PUBLIC WAYS,” TITLE 9, “LAND USE CODE,” SECTION 10-8.5-2, “ADOPTION OF INTERNATIONAL WILDLAND-URBAN INTERFACE CODE WITH MODIFICATION,” AND SECTION 11-125.5, “DUTY TO AVOID WASTE OF WATER AND TO MAINTAIN SERVICE LINES AND FIXTURES,” B.R.C. 1981, RELATED TO LANDSCAPING, WATER CONSERVATION, AND WILDFIRE RESILIENCE; AND SETTING FORTH RELATED DETAILS

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,

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COLORADO:

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Section 1. Section 4-20-43, “Development Application Fees,” B.R.C. 1981, is amended to read as follows: ... (b)

Land use regulation fees: ..... (1)

Applicant for a blue line amendment shall pay .....$524

(28)

Development related fees: .....

...

An applicant requesting a zoning verification letter shall pay .....$136 An applicant for a development extension/staff approval review shall pay .....$136 An applicant requesting to rescind a development agreement shall pay .....$547 An applicant for an administrative relief/transportation/parking shall pay .....$274 An applicant for an administrative relief/nonconforming use substitution shall pay .....$274

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An applicant for an administrative relief/landscaping reviewstandards modification shall pay .....$274

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Section 2. Title 6, “Health, Safety, and Sanitation,” B.R.C. 1981, is amended to read as

follows:

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6-2-3. – Growth or Accumulation of Weeds Prohibited.

(a)

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No owner, lessee, agent, occupant, or person in possession or control of any occupied or unoccupied lot or tract of land or any part thereof in the city shall permit or maintain on any such lot or tract of land or along the sidewalk, street, or alley adjacent thereto any growth of state-listed noxious weeds to a height greater than twelve inches. All Colorado Department of Agriculture List A species must be eradicated, regardless of height.

...

6-6-1. – Legislative Intent.

(a)

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The purpose of this chapter is to protect the public health, safety, and welfare by prescribing requirements for the protection of trees and plants within the city, including, without limitation, trees, shrubs, lawns, and all other landscaping.

... (c)

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The city council finds that the protection, expansion, and maintenance of the urban forest is important to support community resilience, which is the ability of the community to recover in times of emergency or disruption and to adapt over time to chronic stresses. Preservation of trees is necessary for the continuity of the environmental, economic, social and human health services provided by the urban tree canopy. Continued maintenance ensures the health and value of individual trees, broadens the urban tree canopy to mitigate urban heat island effect, and maximizes the services provided by this resource.

...

6-6-6. – Protection of Trees and Plants.

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(a)

No person shall, remove, damage, or destroy any tree or plant growing within or upon any city-owned, city controlled property, or within or upon any public right-of-way without first having obtained written permission from the city manager or a permit pursuant to Chapter 8-5, “Work in the Public Right-of-way and Public Easements,” B.R.C. 1981. Any work on trees under this subsection shall only be performed by International Society of Arboriculture (ISA) certified contractors licensed in the City of Boulder.

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... Section 3. Title 8, “Parks, Open Spaces, Streets, and Public Ways,” B.R.C. 1981, is

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amended to read as follows:

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8-2-25. – Adjacent Owners’ Duty to Maintain Street Trees.

A property owner shall maintain trees required pursuant to Section 6-6-7, “Mitigation of Trees or Plants Removed or Destroyed,” B.R.C. 1981; Subsection 9-2-14(h)(2)(C), “Site Review,” B.R.C. 1981; and Section 9-9-12, “Landscape and Screening Standards,” B.R.C. 1981, on or adjacent to the owner’s property in the public right-of-way, by providing sufficient irrigation to sustain the life of the tree and landscaping or and a mulched sod-free base around all trees with a diameter of six inches and under measured fifty-four inches above the ground.

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8-5-2. – Definitions.

The following terms used in this chapter have the following meaning, unless the context fully indicates otherwise:

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Landscaped area means any land allotted to living landscape planting materials, and includes, without limitation, landscape rock and hardscaped areas— such as arcades, plazas, patios, seating areas, courtyards, non-combustible zone areas in the wildland urban interface (WUI), or pedestrian pathways— when designed to be integrated with the landscaping, of which fences and walls and seating areas may be a part. Landscaped area does not include building footprints, driveways, vehicular circulation, non-irrigated portions of parking lots, and decks.

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8-5-11. – Minimizing the Impacts of Work in the Rights-of-Way and Public Easements.

(a)

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...

(j)

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Responsibility: No person shall fail to conduct work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property.

Protection of Trees and Landscaping: No person shall fail to protect trees, landscape and landscape features, nor shall any person as required by the city improperly irrigate trees or landscaping so as to cause damage or loss, inconsistent with city code, the city’s Design and Construction Standards and the City of Boulder Landscape Manual, or as otherwise required by the city. All protective measures shall be provided at the expense of the person performing work. Any damage to existing trees and landscaping shall be

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reported to the city manager for inspection. The person performing work shall be required to complete any remedial action necessary to repair and restore damaged trees and landscaping, as determined by the city manager. Any trees and landscape materials which are damaged beyond repair or restoration shall be replaced at an equivalent value to the damaged material at the expense of the person performing work.

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8-6-2. – Definitions.

The following terms used in this chapter have the following meanings, unless the context fully indicates otherwise:

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... Obstruction includes, without limitation:

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(a)

A fence, hedge or wall placed nearer than permitted by section 9-9-15, “Fences and Walls,” B.R.C. 1981, to any public sidewalk or path;

(b)

Any landscaping, structure or fence within the corner sight triangle specified in section 9-9-7, “Sight Triangles,” B.R.C. 1981, or within its prolongation within the right-of-way, which does not comply with the requirements of that section;

(c)

A tree or bush or other plant or a structure of any sort which projects beyond the property line of property abutting the right-of-way of any street, sidewalk, path or alley onto or over the public right-of-way and obstructs the view of traffic, obscures any traffic control device, prevents pedestrian use of any part of a street, sidewalk, path or alley, or otherwise constitutes a hazard to drivers or pedestrians. Without limitation, a dead bough of a tree located on a person’s property but overhanging public property constitutes such a hazard; and

(d)

Cement, concrete, piping or other material placed in a gutter to aid vehicles in driving over a curb or for any other purpose.

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Section 4. Title 9, “Land Use Code,” B.R.C. 1981, is amended to read as follows:

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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.

(b)

Summary Chart:

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TABLE 2-1: REVIEW PROCESSES SUMMARY CHART

I. ADMINISTRATIVE REVIEWS

II. DEVELOPMENT REVIEW AND BOARD ACTION Annexation/initial zoning

Affordable housing design review pursuant to Section 9-13-4, B.R.C. 1981

Building permits

Change of address

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BOZA variances Concept plans

Change of street name

Conditional uses, as noted in Table 6-1: Use Table

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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

Landmark alteration certificates (staff review per Section 9-11-14, “Staff Review of Application for Landmark Alteration Certificate,” B.R.C. 1981)

...

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Geophysical exploration permit

Lot line adjustments Lot line elimination Minor Subdivisions

Landscape standards variance modification

Form-based code review

Landmark alteration certificates other than those that may be approved by staff per Easement vacation Section 9-11-14, “Staff Review of Application for Landmark Alteration Extension of development approval/staff level Certificate,” B.R.C. 1981

Demolition, moving, and removal of buildings with potential historic or architectural significance, per Section 9-1123, “Review of Permits for Demolition, OnSite Relocation, and Off-Site Relocation of Buildings Not Designated,” B.R.C. 1981

Out of city utility permit ...

9-2-14. – Site Review.

...

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(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 resilient, decreases wildfire risk, mitigates for urban heat island effect, 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: (i)

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... (C)

Landscaping and Screening: (i)

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(iii)

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The project exceeds the minimum landscaping requirements of Section 9-9-12, “Landscaping and Screening Standards,” B.R.C. 1981, by at least fifteen percent in terms of planting quantities, includes a commensurate area to accommodate the additional plantings, and, where practical, preserves healthy long-lived trees, and includes new deciduous trees that can broaden the city’s urban tree canopy and provide shade for water conservation and cooling efforts.

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Useable open space is arranged to be accessible and designed to encourage use by incorporating quality water efficient and wildfire resilient landscaping, a mixture of sun and shade, hardscape areas with site furnishings and amenities, and green spaces for gathering.

The landscaping design complies with the Boulder Approved Tree and Plant List and City of Boulder Landscape Manual conserves water through use of native and adaptive plants, reduction of exotic plant materials, and landscaping within stormwater detention facilities to create bioswales or rain gardens, or other similar

design strategie.

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(iv)_

The landscape design conserves water by using native and adaptive plants, limiting exotic plant materials, landscaping within stormwater detention facilities to create bioswales or rain gardens, or utilizing other similar design strategies.

(iv)

Operational elements, such as electrical transformers, trash storage and recycling areas, parking, and vehicular circulation, are screened from the public realm through design elements, such as landscaping, fencing, or placement of structures, to mitigate negative visual impacts.

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... (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 9-214(h)(6)(B), B.R.C. 1981, shall meet the following requirements:

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

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(i)

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

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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. Height Bonus: For buildings taller than three stories subject to a height modification pursuant to Subparagraph 9-2-14(b)(1)(E)(viii), B.R.C. 1981: 1.

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...

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Guidelines or Plan: The building's height is consistent with the building heights anticipated in adopted design guidelines or subcommunity or area plans for the area; or Additional Requirements for a Height Bonus - Open Space: If the project site is greater than one acre in size, an inviting outdoor garden or landscaped courtyard is provided, designed as a gathering space for the building users. In determining whether this requirement is met, the approving authority will consider the following factors as successful design elements for such a space, as practicable considering site conditions and location:

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The horizontal dimensions of the space are no less than the height of building walls enclosing the space;

ii.

Seating and other design elements are integrated with the circulation pattern of the project;

iii. The space has southern exposure and sunlight;

iv. Hard surface areas are paved with unit pavers, such as bricks, quarry tiles, or porous pavers, or poured-in-place materials. If poured-in-place materials are used, they are of decorative color or textures;

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Amenities, such as seating, tables, grills, planting, shade, horseshoe pits, playground equipment, and lighting are incorporated into the space;

vi. The space is visible directly from an adjoining public sidewalk, along a street frontage, and is not elevated above the building's first story; and

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vii. At least one tree is planted per 500 square feet of space. The trees are planted in the ground or, if over parking garages, in tree vaults.

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9-2-16. – Form-Based Code Review.

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(d)

Application Requirements: An application for approval of a form-based code review, may be filed by any person having a demonstrable property interest in land to be included in a form-based code review on a form provided by the city manager that includes, without limitation:

(1)

... (6)

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All materials and information required by Subsection 9-2-6(a), B.R.C. 1981; Landscaping Plan. A detailed landscaping plan, consistent with Sections 9-9-12, “Landscaping and Screening Standards,” 9-9-13, “Streetscape Design Standards,” 9-9-14, “Parking Lot Landscaping Standards, “Chapter 8.5, “Wildland Code,” of Title 10, “Structures,” B.R.C. 1981, the Boulder Approved Tree and Plant List, and the City of Boulder Landscape Manual, 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 streetscape and landscaping plan.

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9-9-11. – Useable Open Space.

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(e) Types of Useable Open Space: Useable open space includes: (1)

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(i)

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Prohibitions: Portions of a lot on which a structure or unenclosed use is located shall not be counted as useable open space unless allowed in subsection (d), (e), (f) or (h) of this section. Portions of a lot that are unenclosed include those areas that are designed such that they cannot be enclosed and are generally open to the sky above, except for a balcony or deck. The following are specific examples of areas that may not be counted as useable open space: ...

(3)

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9-9-12. – Landscaping and Screening Standards. (a)

Purpose: The purpose of the landscaping and screening requirements set forth in this chapter is to: (1)

Provide minimum requirements for the landscaping of lots and parcels, street frontages, streetscapes and paved areas;

(2)

Provide minimum requirements to ensure the proper installation or cultivation, and maintenance of landscaping materials;

(31)

Promote sustainable landscapes and improve the quality of the environment. Sustainable landscapes can help accomplish the following: enhance air quality, mitigate the impacts of the urban heat island effect, preserve and protect mature trees to broaden urban tree canopy for cooling, create interconnected pollinator habitats for insects and birds, balance urban vegetation with natural habitat, enhance ecosystem functions, increase biodiversity, ensure healthy soils with moisture retention for plant health, reduce the amount and rate of stormwater runoff, improve stormwater runoff quality, reduce the spread of noxious weeds, and increase the capacity for water absorbencyby enhancing air quality, reducing the amount and rate of stormwater runoff, improving stormwater runoff quality,

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Any landscaped area containing vegetation or plantings less than two feet in width unless located within an elevated planter that is less than eighteen inches in height or is an area designed as a non-combustible zone;

...

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Landscaped areas meeting the requirements of sections 9-9-12, “Landscaping and Screening Standards,” and 9-9-13, “Streetscape Design Standards,” B.R.C. 1981, and the City of Boulder Landscape Manual; including, landscaped areas integrated with hardscaped areas such as open air plazas,; fountains and waterfalls,; pedestrian arcades,; and outdoor small seating and gathering areasand vest-pocket parks.

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reducing the spread of noxious weeds, and increasing the capacity for groundwater recharge;

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(42)

Prevent and deter the spread of wildfire through use of fire resistant and low flammability vegetation, and use of maintenance practices that may include the removal of high-risk vegetation and avoid plantings near structures in areas of the city that are at high risk for wildfire spreadMinimize the amount of water used for landscaping by promoting water conservation and improving irrigation efficiency;

(53)

Minimize the amount of water used for landscaping by promoting water conservation and irrigation efficiencyEnhance the appearance of both residential and nonresidential areas, and reduce the visual impacts of large expanses of pavement and rock;

(64)

Minimize impacts between uses both on-site and off-site. Landscaping can iImprove the compatibility of adjacent land uses and screen undesirable views. The landscaping standards also enhance the streetscape by separating the pedestrian from motor vehicles, auto fumes, and dust, providing shade, attenuating noise, and filtering air, buffering wind, and reducing glare;

(5)

Provide minimum requirements for landscaping lots and parcels, street frontages, streetscapes and paved areas to enhance the visual appearance of areas with attractive, colorful year-round color and textured landscapes with a diversity of plant materials, and reduce the visual impacts of large expanses of pavement on all sites, and

(6)

Provide minimum requirements for the proper installation of specified plant materials, ensuring minimum levels of quality and quantities, and effective maintenance of landscaping materials for perpetuity or alignment with current landscaping standards.

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(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 sSection, Chapter 8.5, “Wildland Code,” of Title 10, “Structures,” and Sections 9-9-13, “Streetscape Design Standards,” and 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: (A)

New development: Development on a vacant lot or parcel, a new principal structure on a lot or parcel, or the addition of a dwelling unit on a lot or parcel;

(B)

Redevelopment: Any project thatinvolving expansion of the total building floor area which exceeds twenty-five percent of the value of the existing structure for any use except a property with three or fewer dwelling units:

(i)

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involves floor area expansion for any use on a lot or parcel where the additions are valued at twenty-five percent or more of the value

of the existing structure or structures on the lot or parcel and if a residential lot or parcel has more than three dwelling units;

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(ii)

involves floor area expansion for a residential lot with fewer than three dwelling units where the additions are valued at seventy-five percent or more of the value of the existing structure or structures on a lot or parcel; or

(iii)

involves no floor area expansion and site improvements exceed one hundred percent of the value of the existing structure or structures on the lot or parcel.

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(C)

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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. Redevelopment involving the expansion of the total floor area for a property that has three or fewer dwelling units, shall meet the landscaping standards as follows: (i)

Redevelopment valued at more than twenty-five percent, but less than fifty percent of the value of the existing structure shall require compliance with the street and alley tree requirements and the trash and parking screening requirements;

(ii)

Redevelopment valued at fifty percent or more, but less than seventy-five percent of the value of the existing structure shall require compliance with the street and alley tree requirements and the trash and parking screening requirements and the front yard landscape requirements; and

(iii)

Redevelopment valued at seventy-five percent or more of the value of the existing structure shall require compliance with the landscape regulations.

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(D)

Redevelopment exceeding one hundred percent of the value of the existing structure and not involving expansion of the total building floor area; or

(E)

The addition of a dwelling unit.

(DF)

For purposes of this paragraph (1), the applicant shall demonstrate the value of the existing structure by submitting, at the discretion of the applicant, either the actual value assessed by the Boulder County Assessor’s Office or the fair market value determined by a real estate

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appraiser licensed in Colorado.

...

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(d)

Prior Approvals and Turf Replacement or Conversion: Conversion or replacement of turf on a site with a prior approval shall not require a minor modification or amendment to a site review or form-based code review, provided that: (1)

Overall landscaped area and quantities are maintained;

(2)

Excepting existing juniper species, existing trees are preserved; and

(3)

The turf conversion or replacement is consistent with all applicable standards in the Boulder Approved Tree and Plant List and the City of Boulder Landscape Manual.

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(ed)

General Landscaping and Screening Requirements: (1)

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Landscaping Plan: A landscaping plan designed in accordance with this section, Chapter 8.5, “Wildland Code,” of Title 10, “Structures,” and Sections 9-9-13, “Streetscape Design Standards,” and 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 provided for all developments. The site plan shall include the following:

...

(G)

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(J)

17 18 19 20 21 (L)

23 ...

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A chart comparing the landscaping requirements of Sections 9-9-13, “Streetscape Design Standards,” and 9-9-14, “Parking Lot Landscaping Standards,” B.R.C. 1981, to the proposed materials, including, without limitation, the following information: total lot size (in square feet), total parking lot size, including all drives and driveways (in square feet), total number of parking stalls required and the total provided, total interior parking lot landscaped area required and the total provided, total perimeter parking lot landscaping required and total provided, total number of street trees required and the total provided, and total quantity of plant material required and the total provided;

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The botanical and common names and sizes of all plant material consistent with the Boulder Approved Tree and Plant List;

The landscaping plan shall consider and attempt to avoid shading of new trees onto a solar zone required under the 2017 City of Boulder Energy Conservation Code.

(9)

Boulder Approved Tree and Plant ListMaterials: All material required in a landscaped area shall be live plant material, except as approved by the city manager to provide attractive screening, plazas, or pedestrian access. Plant materials shall be selected from the Boulder Approved Tree and Plant List and planted in sufficient quantity to completely cover within five years of initial planting, all planted landscaped areas, including temporary mulched areas, and under trees. Within the Wildland Urban Interface (WUI), a reduced plant density is permissible to deter wildfire spread.

(10)

City of Boulder Landscape Manual: All planting and irrigation areas shall be designed, installed and maintained according to the City of Boulder Landscape Manual.Mulches:

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(A)

Temporary mulches are required in all shrub, tree, and perennial planting beds until full plant coverage is achieved. Organic mulches include wood and bark chips, straw, grass clippings, and seed hulls. Inorganic or inert mulches include weed-barrier fabrics, gravel, and rock.

(B)

Non-living materials such as bark or rocks shall only be used as temporary mulch until full plant coverage is achieved, or as permanent mulch under shrubs if specifically approved as part of a final landscape plan.

(C)

Rocks larger than three inches in diameter shall not be used in the public right-of-way or adjacent to sidewalks, and shall be used only upon approval of the city manager as a decorative feature. Rock mulches shall not be used in landscaped areas on the south, west, or southwest-facing sides of buildings or in interior parking lot landscaped areas except under the following conditions:

(i)

All plants within the rock mulched area are from very low, low, or moderate water use zones and spaced to fill the beds within three years of initial planting; or

(ii)

Rock is used as a specific ornamental feature in a limited area or as a pedestrian path.

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Wildland Urban Interface (WUI) Compliance for Landscaping: Landscaping on a lot or parcel within the WUI shall comply with the requirements of Chapter 8.5, “Wildland Code,” of Title 10, “Structures,” B.R.C. 1981.Minimum Plant Sizes: All materials planted under the provisions of this title shall meet the following requirements:

(A)

Deciduous trees are at least two-inch caliper measured six inches above the ground, except ornamental and flowering trees, including, without limitation, the trees identified as “small maturing trees” on the approved street tree list in Section 3.03-1, City of Boulder Design and Construction Standards, that are at least one and one-half inch caliper measured six inches above the ground;

(B)

Evergreens are at least five feet tall; and

(11)

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(C)

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(12)

Grading Standards for New Earth Berms: Berms adjacent to paved surfaces shall be graded to capture all irrigation runoff or to convey it to an appropriate water quality design feature as described in the Urban Storm Drainage Criteria Manual, Vol. 3 (Urban Drainage and Flood Control District, Denver, Colorado).

(13)

Soil Preparation and Planting Specifications: Site preparation and all planting shall be completed, at a minimum, in accordance with the City of Boulder Design and Construction Standards. Site preparation in any development shall include tilling the soil to a minimum depth of six inches below the finished grade, together with soil amendments, including, without limitation, compost, manure, or peat, that are appropriate to ensure the health and sustainability of the landscaping to be planted.

(14)

Water Conservation: Landscaping shall be designed to conserve water through application of all Xeriscape™ landscaping principles. Xeriscape™ landscaping principles do not include artificial turf or plants, mulched or gravel beds, or areas without landscape plant material, bare ground, weed-covered or infested surfaces, paving of areas not required for pedestrian access, plazas, or parking lots, or any landscaping that does not comply with the standards of this section. Xeriscape™ landscaping principles include:

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Shrubs are five-gallon container size.

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(A)

Planning and design that ensures water-conserving techniques are coordinated and implemented in the landscape;

(B)

Grouping plants with similar water and cultural requirements (such as sun and climate) together in the same water use zones and on the same irrigation zones;

(C)

Limiting the use of high water use turf grass and plantings to high-use areas with high visibility or functional needs;

(D)

Use of efficient irrigation systems;

(E)

Use of mulches;

(F)

Improving soils to allow better water absorption and proper drainage; and

(G)

Continued maintenance, including weeding, pruning, fertilizing, pest control, and irrigation maintenance.

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(15)

Xeriscape™ Landscape Standards: The following Xeriscape™ landscape standards shall apply to all required landscaped areas: (A)

Plants from the same water use zone shall be grouped together on the same irrigation zones. Water use zones shall be consistent with the Waterwise Plant List as shown in the City of Boulder, Landscape Requirements for Streetscape, Parking Lots, and All Other Developments or based on other lists which meet the same criteria for water use and adaptability if approved by the city manager;

(B)

The total amount of high water use zones on a property shall not exceed

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fifty percent of the total landscaped area. The total amount of high water use turf grass shall not exceed twenty-five percent of the total landscaped area. Turf grass areas designated for high use or a specific recreational use shall be excluded from the total landscaped area under this requirement. Trees in tree grates shall also be excluded from the total landscaped area under this requirement;

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(C)

The use of high-irrigation turf and plantings shall be limited to high-use areas with high visibility or functional needs;

(D)

High water use turf grass shall not be used in landscaped areas with any one dimension less than ten feet in width unless drip, subsurface, or lowvolume irrigation is used in that area;

(E)

Very low and low water use zone plants and turf grass shall be used to the extent practicable;

(F)

Plants or turf grass from a high water use zone shall not be planted on slopes or berms at a 4:1 slope or greater.

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(16)

Irrigation: The following standards shall apply to irrigation systems for required landscaped areas: (A)

All landscaped areas, including, but not limited to, trees in tree pits, raised planters, planting in the public right-of-way, and all landscaping required in this chapter, shall be irrigated with a permanent, automatic irrigation system designed to provide efficient irrigation coverage with minimal overspray onto non-landscaped areas.

(B)

The city manager may approve the use of temporary irrigation systems if all plant material is from the very low or low water use zones.

(C)

Low-volume, drip, or subsurface irrigation systems shall be used in the following conditions:

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A soil moisture sensing device or other irrigation management system shall be required for irrigation systems in turf areas.

(F)

The landscape plan shall indicate the nature, location, and specifications of the irrigation system which shall be used. Separate irrigation circuits should be specified for different zones on the landscape plan. The landscape plan shall have sufficient detail to show that adequate irrigation will be provided to all required landscape areas and plant materials.

(G)

The irrigation system shall be designed to correlate to the organization of plants into zones with similar watering requirements.

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In all non-turf grass areas.

(E)

(ii)

Trees shall be zoned separately from turf grass when located in a low or very low water use zone.

In landscaped areas where any one dimension is less than six feet in width and surrounded by impervious surfaces;

(D)

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(i)

(H)

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(17)

Noxious Weeds: All landscape plans must comply with the current state weed and nursery lists.

(18)

Tree Protection: All existing trees six inches or more in caliper and located in any development in the required setback or on the property line shall be protected from construction impacts, unless the tree is a noxious weed. Trees over six inches in caliper shall be protected from construction impacts within the drip line of the tree in a manner that is consistent with the City of Boulder Design and Construction Standards’ tree protection for construction site standards.

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(f)

Irrigation systems shall be designed to maximize efficient water use and minimize the waste of water.

Compliance Required. No person shall fail to comply with the requirements of this section or any rule issued by the city manager under this section.

(g19) Final Inspection: Labels that identify the botanical or common name of the plant material shall be on all trees at the time of final inspection.

City Manager Authorized to Issue Rules. The city manager is authorized to adopt rules necessary for the implementation and interpretation of this chapter under the procedures of Chapter 1-4, “Rulemaking,” B.R.C. 1981. Such rules may include, without limitation, the following documents to implement the requirements of this chapter:

(1)

The Boulder Approved Tree and Plant List; and

(2)

The City of Boulder Landscape Manual.

(h)

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9-9-13. – Streetscape Design Standards.

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Streetscape improvements shall be designed in accordance with the following standards: (a)

Scope: The standards set forth in this section apply to all land uses, including detached dwelling units.

(b)

Street Trees: A planting strip consisting of deciduous trees shall be planted along the full length of all public and private streets in all zoning districts. When possible, trees shall be planted in the public right-of-way. Large deciduous trees and detached sidewalks are required wherever possible and shall be planted at a minimum, of one tree for every forty linear feet of public right-of-way and otherwise in accordance with subsection (d) of this section.

(c)

Alley Trees: Except for existing lots with a detached dwelling unit, along all alleys adjacent to or within a residential zone, trees shall be planted at an overall average of one tree per forty linear feet within ten feet of the pavement or edge of alley. The city manager may waive this requirement if the applicant demonstrates that the planting conflicts with or may be detrimental to a structure over fifty years old that is eligible for preservation pursuant to Chapter 11, “Historic Preservation,” B.R.C. 1981.

(d)

Streetscape Requirements: Street trees must be selected from the Boulder Approved Tree and Plant List approved street tree list set forth in the City of Boulder Design and

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Construction Standards, unless an equivalent tree selection is approved by the city manager. Table 9-10 of this section sets the minimum planting interval for street and alley trees. The specific spacing for each development is dependent upon tree type (for a list of tree species in each type, see Approved Street Tree List, in the City of Boulder Design and Construction Standards) and existing conditions as identified in this section or an equivalent approved by the city manager.

1 2 3 4 5

... (e)

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Understory Planting, Water Conservation, and Irrigation: Except where planted in tree grates, all required street trees in the landscape strip shall be planted together with an irrigated understory planting that will cover the entire planting strip, except for walkways between the street and sidewalk, within five years of the initial plantingwith water conservation measures and irrigation according to the City of Boulder Landscape Manual.

...

(g)

Water Conservation and Irrigation: All streetscape plantings shall comply with the Water Conservation and Irrigation standards as listed in Paragraphs 9-9-12(d)(14), (d)(15), and (d)(16), B.R.C. 1981.

(gh)

The street and alley tree installations shall be considered complete if the required trees survive for one year from the issuance of a certificate of occupancy or certificate of completion. The city manager is authorized to require that an applicant provide the financial guarantee consistent with the requirements of Section 9-2-21, “Required Improvements and Financial Guarantees,” B.R.C. 1981. The financial guarantee will be released after one year after an inspection that confirms the tree is in good health.

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9-9-14. – Parking Lot Landscaping Standards.

...

(b)

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Screening Parking Lots From The Street: A parking lot screen shall be provided for parking areas adjacent to rights-of-way, in accordance with the following standards: ... (2)

Minimum Width: The parking lot screen shall have a minimum width as follows: (A)

In all zones except the DT, BMS, IMS, and MU-3, and MU-4 zones, the minimum width of a parking screen shall be the same as the applicable minimum front or side yard setback requirement for the zone district in which the parking area is located, except that it must not be less than five feet in zone districts having smaller minimum front or side yard setback requirements.

(B)

In the DT, BMS, IMS, and MU-3, and MU-4 zones, the parking lot screening requirement can be met by any one of the following:

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...

9-9-15. – Fences and Walls.

(a)

Purpose: The purpose of this section is to: (1)

rRegulate the installation of fences, hedges, and walls to provide safety and security as well as visual barriers, while minimizing the impacts that result from fence location and height. A fence, hedge, or wall, which includes retaining walls, columns, posts, piers, or similar structures, or any combination of such structures, is permitted if it meets the standards of this section, in addition to the requirements of Section 9-9-7, “Sight Triangles,” B.R.C 1981, and Chapter 10-5, “Building Code,” B.R.C 1981.; and

(2)

Prevent and deter the spread of wildfire through use of fire-resistant materials near structures in areas of the city that are at high risk for wildfire spread.

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(b)

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Location Standards: A fence, hedge, or wall, which includes retaining walls, columns, posts, piers, or similar structures, or any combination of such structures, is permitted if it meets the standards of this section, in addition to the requirements of Section 9-9-7, “Sight Triangles,” and Chapter 10-5, “Building Code,” B.R.C 1981. A fence, hedge, or wall is permitted if it meets the following conditions: (1)

Location on Property: No fence, hedge, or wall shall extend beyond or across a property line, unless an agreement with the abutting property owner is obtained; and

(2)

Location Near Sidewalks: No fence or wall is placed nearer than eighteen inches to any public sidewalk.

13 14 15 ...

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(c)

Height Standards: A maximum of seven feet in height is permitted for any individual fence, wall, hedge, or any combination thereof located within three feet of each other and located on the same property (see Figure 9-10), except as otherwise permitted by this section.

...

(2)

Exceptions:

...

(B)

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Fences and Walls Located on or within Three Feet of a Property Line: A fence, wall, hedge, or any combination thereof located within three feet of each other and located on or within three feet of a property line, may be permitted up to a maximum of twelve feet in height, provided that the abutting property owners are in joint agreement and the height does not exceed seven feet when measured from the highest evaluation elevation of grade within three feet of either side of the property line. In no event shall

such a fence, wall, hedge, or combination thereof exceed twelve feet in height (see Figure 9-13).

1 2

...

(e)

Wildland Urban Interface (WUI) Compliance for Fences and Walls: Newly constructed fences and walls of any height, including gates or arbors, that are on a lot or parcel within the WUI area shall comply with the requirements of Chapter 8.5, “Wildland Code,” of Title 10, “Structures,” B.R.C. 1981.

(fe)

Variances and Interpretations: The requirements of this section may be varied by the city manager subject to the provisions of Subsection 9-9-7(e), and Section 92-3, “Variances and Interpretations,” B.R.C. 1981. Decisions by the city manager may be appealed to the BOZA.

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... 9-16-1. – General Definitions. (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.

... F-J ...

Hydrozone means a portion of the irrigated landscaped area having plants with similar water needs. Each irrigated hydrozone is served by a valve or set of valves with the same irrigation schedule.

...

K-O

...

Landscaped area means any land set apartallocated to planting grass, shrubs, trees, or similar livingliving landscape planting materials, and includesing, without limitation, landscape rock and hardscaped areas— land in an arcade, such as arcades, plazas, patios, seating areas, courtyards, non-combustible zone areas in the wildland urban interface (WUI), or pedestrian areapathways—, when designed to be integrated with the landscaping, and of which fences and walls and seating areas may be a part. Landscaped area does not include building footprints, driveways, vehicular circulation, non-irrigated portions of parking lots, and decks.

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Landscaping means materials, including, without limitation, grass, ground cover, shrubs, vines, hedges, or trees, and nonliving natural materials commonly used in landscape development, as well as attendant irrigation systems.

...

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Noncombustible zone means a five-foot area around a building or other structure having no vegetation and no combustible material. This definition has the same meaning as in Chapter 8.5, “Wildland Code,” of Title 10, “Structures,” B.R.C. 1981.

...

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Noxious weed means a plant or parts of a plant that have been designated by rule as being noxious or has been declared a noxious weed designated by Colorado state regulations as being a state noxious weed, and meets one or more of the following criteriaan alien plant or part of an alien plant that has been designated by Colorado state regulations as being a state Noxious Weed.:

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(1)

Aggressively invades or is detrimental to economic crops or native plant communities;

(2)

Is poisonous to livestock;

(3)

Is a carrier of detrimental insects, diseases, or parasites; or

(4)

The direct or indirect effect of the presence of this plant is detrimental to the environmentally sound management of natural or agricultural ecosystems.

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P-T

...

Planting strip means a linear strip of land in a streetscape, or planting area buffering from an adjacent use that is planted with landscaping consistent with Section 9-9-12, “Landscaping and Screening Standards,” B.R.C. 1981, the City of Boulder Landscape Manual, and the Boulder Approved Tree and Plant List.

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... Shrub means a self-supporting deciduous or evergreen woody plant normally branched near the base, bushymulti-stemmed, and normally less than fifteen feet in height at maturity as grown in Boulder County. ...

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U-Z

Understory planting means the plant materials such as turf, ornamental grasses, perennials, ground cover, or low-growing shrubs that cover the ground area under a tree in a landscaped area.

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... Water use zone means a portion of a landscaped area having plants with similar water needs that are either not irrigated or irrigated by a circuit with the same schedule.

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...

XeriscapeTM means the application of a set of landscaping principles that in concert promote water conservation. XeriscapeTM was trademarked by the Denver Water Board in 1981.

...

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Section 5. Section 10-8.5-2, “Adoption of International Wildland-Urban Interface Code With Modification,” B.R.C. 1981, is amended to read as follows: (a) The 2024 edition of the International Wildland-Urban Interface Code of the International Code Council is adopted by reference as the City of Boulder Wildland Code and has the same force and effect as though fully set forth in this chapter, except as specifically amended by the provisions of this chapter. ... (dd)

603.2 Fuel modification. New Bbuildings and new structures constructed in compliance with the conforming defensible space category (moderate hazard, high hazard, or extreme hazard) as identified within the wildland urban interface area by the code official shall comply with the applicable fuel modification distance established in Table 603.2 or with fuel modification to the lot line, whichever is less. The distances specified in Table 603.2 shall be measured on a horizontal plane from the perimeter or projection of the building or structure as shown in Figure 603.2.

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(ee)

17 18

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A new Section 603.2.4, “Noncombustible Zone,” is added to read as follows: 603.2.4 Noncombustible Zone. All nNew buildings with habitable space and all new structures shall have a noncombustible zone. Additions that are 200 square feet in floor area or greater shall have a noncombustible zone around the addition. New decks and expansions of decks shall have a noncombustible zone around the deck.

Section 603.2, “Fuel modification,” is repealed and reenacted to read as follows:

(ff)

A new Section 603.2.5, “Fuels planted within defensible space,” is added to read as follows: 603.2.5 Fuels planted within defensible space. The following requirements apply to new and existing plants in the area In areas identified for Class 1 or Class 2 ignitionresistant construction on the wildland-urban interface area mapping, fuels planted within the defensible space, in the area that is between 5 feet (1.5 m) from the building or structure and the property lot line, but not to exceed 30 feet (9.1 m) in width within the defensible space, shall be low-flammability plants with a rating score between 7.5 and 10 as identified by the Colorado State Forest Service.: (1)

For new buildings and new structures:

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(A) New plants must be plants that are approved for this area within the wildlandurban interface area per the Boulder Approved Tree and Plant List;

1 2 3

(B) New trees must be planted such that there will be a distance of at least 10 feet between anticipated mature tree canopies of the applicable tree species;

(D) Existing trees, other than junipers, that are not approved for this area within the wildland-urban interface area per the Boulder Approved Tree and Plant List shall be trimmed such that branches within 6 feet of the ground or the lowest one-third of the tree height, whichever is less, are removed; and

6 7

(E) New and existing plants near trees or structures shall be planted and trimmed to prevent tree and structure ignition by providing for at least 3 feet, vertically and horizontally, between any understory plantings and the edge of the nearest tree branches or 5 feet, vertically and horizontally, between any plantings and any structure.

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(2)

12 13

(A) New plants must be approved for this area within the Wildland-Urban Interface area per the Boulder Approved Tree and Plant List; and

14 15 16

(B) New trees must be spaced such that there will be a distance of at least 10 feet between anticipated mature tree canopies of the applicable tree species. ...

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Section 6. Section 11-1-25.5, “Duty to Avoid Waste of Water and to Maintain Service Lines and Fixtures,” B.R.C. 1981, is amended to read as follows: (a)

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For additions 200 square feet in floor area or greater, new decks, and expansions to a deck, all new plants within the area that is between 5 feet (1.5 m) from the addition or deck and the property lot line, but not to exceed 30 feet (9.1 m) in width, within the defensible space:

No owner of property connected to the water utility shall fail to keep all pipes, fixtures and appliances on the property tight and in good working order so as to prevent waste of water.

... (d)

No person shall wash artificial turf, motor vehicles, trailers, boats and other types of equipment with a hose that lacks a shut-off nozzle.

(e)

No person shall use water to clean outdoor impervious surfaces such as sidewalks, driveways and patios, except when cleaning with water is necessary for public health or

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safety reasons or when other cleaning methods are impractical or inappropriate.

1 2

(fd)

It is a presumptive waste of water under this section if a customer exceeds a water budget designated by the city manager, including an adjusted or reduced water budget in the event of a drought declaration.

(g)

Water applied to landscaping shall be done so in accordance with the City of Boulder Landscape Manual, as the same may be amended, and all applicable city manager rules.

(h)

Variances. The city manager may, in the city manager’s discretion, grant variances from the water use limitations pursuant to this section for individual water customers if the city manager finds that compliance will cause an undue hardship such as extreme economic impacts, health and safety considerations, or religious objections. If the city manager grants a variance, the city manager shall prescribe such reasonable conditions or requirements as are necessary to minimize adverse impacts to the city’s water supply and effects upon the community. Violation of any term or condition of an exemption may result in the variance being revoked.

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Section 7. This Ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern.

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Section 8. The City Council deems it appropriate that this Ordinance be published by title only and orders that copies of this Ordinance be made available in the office of the city clerk for public inspection and acquisition.

16 17 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY

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TITLE ONLY this 18th day of September 2025.

____________________________________ Aaron Brockett, Mayor

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Attest: __________________________________ City Clerk

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READ ON SECOND READING AND CONTINUED this 16th day of October 2025.

1 2 3

____________________________________ Aaron Brockett, Mayor

4 5

Attest:

6 7 8

__________________________________ City Clerk

9 10

READ ON CONTINUED SECOND READING, AMENDED AND PASSED this 8th day of January 2026.

____________________________________ Aaron Brockett, Mayor

12 13 14 15 16

Attest: __________________________________ City Clerk

READ ON THIRD READING AND ADOPTED this 5th day of February 2026.

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____________________________________ Aaron Brockett, Mayor

20 21

Attest:

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__________________________________ City Clerk

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