Addendum Memo · Boulder Politics

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… · 69 pages

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City of Boulder City Council Agenda Item – ADDENDUM Meeting Date: April 16, 2026 Agenda Item Number & Title: Item 3H Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8745, amending Title 7, “Parking For Certain Purposes Prohibited, Title 9, “Land Use Code,” and Title 10, “Structures,” B.R.C. 1981, to fix errors, clarify existing code, and amend certain height, use, form, and general land use code standards; and setting forth related details

Page Numbers: Agenda Memo, Annotated Ordinance 8745, and Proposed Ordinance 8745 were all updated to reflect amendments added in Section 7-6-23, “Parking for Certain Purposes Prohibited,” B.R.C, 1981. Item mini packet pages: Agenda Memo pages 1 and 8, annotated Ord. 8745 page 1 and proposed Ord. 8745 page 1, line 10 through line 20 Full packet pages: 301 to 368 of 488

Description: Additional code amendments were added to Ordinance 8745 to ensure consistency of Section 7-6-23, “Parking for Certain Purposes Prohibited,” with changes to driveway standards proposed in Ordinance 8745. These additional amendments are proposed to Subsection (b)(1) of Section 7-6-23, “Parking for Certain Purposes Prohibited,” B.R.C, 1981. The agenda memo and annotated ordinance attached to the memo were updated accordingly.

Attachments: Attachment C – Updated Agenda Memo Item 3H Attachment D – Updated Annotated Ordinance 8745 Attachment E – Updated Proposed Ordinance 8745

City of Boulder City Council Agenda Item Meeting Date: April 16, 2026 Agenda Title Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8745, amending Title 7, “Parking For Certain Purposes Prohibited, Title 9, “Land Use Code,” and Title 10, “Structures,” B.R.C. 1981, to fix errors, clarify existing code, and amend certain height, use, form, and general land use code standards; and setting forth related details.

Staff Contact  

Lisa Houde, Principal Planner, Planning & Development Services Brad Mueller, Director, Planning & Development Services

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motion: Motion to introduce and order published by title only Ordinance 8745, amending Title 7, “Parking For Certain Purposes Prohibited, Title 9, “Land Use Code,” and Title 10, “Structures,” B.R.C. 1981, to fix errors, clarify existing code, and amend certain height, use, form, and general land use code standards; and setting forth related details.

Executive Summary The purpose of this item is to amend Title 9 and Title 10 to address miscellaneous topics, such as fixing errors, simplifying language or code organization, and addressing issues that have emerged after a few years of implementing previous ordinances.

Council Action Options Option

Outcome

Approve motion language as drafted

If the motion is approved, the ordinance would pass to second reading and a public hearing. Public hearing is currently scheduled for May 7, 2026.

Define and adopt a modified motion

Council would need to define any desired modifications to the ordinance and/or to the draft motion language. If the changes are not simple and clear, staff recommends discussing and considering them at a future public hearing.

Deny the motion or take no action

If this motion is denied or no action is taken, the ordinance would not proceed to second reading and no amendments would be made to Title 9 and 10 related to these topics.

Refer back to staff

If council refers this item back to staff for additional work, the ordinance would not be adopted and other work plan item projects would need to be delayed to accommodate additional work on this omnibus code amendment.

Alignment with City Plans and City Council History Sustainability, Equity and Resilience (SER) Framework and Citywide Strategic Plan Alignment SER Framework Goal Area   

Livable Responsibly governed Economically vital

Citywide Strategic Plan Strategy #12: Implement organizational and financial best practices to continuously improve asset management, customer experience, and project and program performance. Strategy #14: Enhance collaborative efforts to support an inclusive, healthy, sustainable, and resilient local economy that builds on core economic strengths, promotes economic mobility, and aligns with community values and priorities. Strategy #15: Streamline processes for housing, parking, infrastructure, land use, and events that tie directly to priority community outcomes.

Staff Notes This omnibus code amendment incorporates a number of changes that improve the efficiency of code administration and support a livable, responsibly governed, and economically vital community.

Alignment with Additional City Plans The ordinance will implement the following applicable policies from the Boulder Valley Comprehensive Plan: Built Environment Policy 2.10: Preservation & Support for Residential Neighborhoods The city will work with neighborhoods to protect and enhance neighborhood character and livability and preserve the relative affordability of existing housing stock. The city will also work with neighborhoods to identify areas for additional housing, libraries, recreation centers, parks, open space or small retail uses that could be integrated into and supportive of neighborhoods. The city will seek appropriate building scale and compatible character in new development or redevelopment, appropriately sized and sensitively designed streets and desired public facilities and mixed commercial uses. The city will also encourage neighborhood schools and safe routes to school. Economy Policy 5.03: Diverse Mix of Uses & Business Types The city and county will support a diversified employment base within the Boulder Valley, reflecting labor force capabilities and recognizing the community’s quality of life and strengths in a number of industries. The city values its industrial, service and office uses and will continue to identify and protect them. The city will evaluate areas with non-residential zoning to ensure the existing and future economic vitality of Boulder while responding to the needs of regional trends and a changing global economy. Economy Policy 5.05: Support for Local Business & Business Retention The city and county value the diverse mix of existing businesses, including primary and secondary employers of different sizes, in the local economy. Nurturing, supporting and maintaining a positive climate for the retention of existing businesses and jobs is a priority. The city recognizes the vital role of small, local and independent businesses and non-profits that serve the community and will balance needs of redevelopment in certain areas with strategies that minimize displacement of existing businesses and create opportunities for startups and growing businesses. The city will continue to proactively analyze trends in market forces to shape its activities, plans and

policies regarding local business and business retention. The city and county will consider the projected needs of businesses and their respective employees, such as commercial and office space, when planning for transportation infrastructure, programs and housing. Economy Policy 5.06: Affordable Business Space & Diverse Employment Base The city and county will further explore and identify methods to better support businesses and non-profits that provide direct services to residents and local businesses by addressing rising costs of doing business in the city, including the cost of commercial space. The city will consider strategies, regulations, policies or new programs to maintain a range of options to support a diverse workforce and employment base and take into account innovations and the changing nature of the workplace. Economy Policy 5.14: Responsive to Changes in the Marketplace The city recognizes that development regulations and processes have an impact on the ability of businesses to respond to changes in the marketplace. The city will work with the local business community and residents to make sure the city’s regulations and development review processes provide a level of flexibility to allow for creative solutions while meeting broader community goals. This could involve modifying regulations to address specific issues and make them more responsive to emerging technologies and evolving industry sectors. Local Governance & Community Engagement Policy 10.01: HighPerforming Government The city and county strive for continuous improvement in stewardship and sustainability of financial, human, information and physical assets. In all business, the city and county seek to enhance and facilitate transparency, accuracy, efficiency, effectiveness and quality customer service. The city and county support strategic decision-making with timely, reliable and accurate data and analysis.

City Council History This item is not related to a city council priority. However, staff periodically reviews the code to identify and address issues or inconsistencies, to ensure that the Land Use Code is administered and enforced in a manner consistent with the intent and goals of the city. While sometimes these projects are limited to clean-up items, this omnibus code amendment also contains some substantive changes to the Land Use Code.

Planning Board Recommendation Ordinances changing the Land Use Code require Planning Board recommendation to City Council. On March 24, 2026, Planning Board reviewed Ordinance 8745 and recommended approval of the ordinance, with one amendment, to Council with the following motion: C. Hanson Thiem made a motion seconded by M. McIntyre. Planning Board recommends that City Council adopt Ordinance 8745, amending Title 9, “Land Use Code,” and Title 10, “Structures” to fix errors, clarify existing code, and amend certain height, use, form and general land use code standards, and setting forth related details. The planning board voted 7-0. Motion passed, as amended by L. Kaplan’s motion to amend. L. Kaplan made a Motion seconded by ml Robles to amend the main motion as follows: Planning Board recommends that the proposed code update to allow a height modification for buildings with up to three stories in certain use categories should include a requirement and mechanism for paying an equivalent community benefit as currently exists in the code for projects seeking height modifications. The planning board voted 6-1. Motion passed. Height Modification for Certain Three-Story Buildings Staff offers the following options in response to Planning Board’s recommendation: 1. City Council could reconsider the proposed height modification for certain three-story buildings as recommended by Planning Board as part of a separate work effort. Staff considers the change recommended by Planning Board to be significant and complex enough that a separate study would be required. If Council wishes to move forward with this, staff recommends removing the proposed amendment to 9-2-14(b) from Ordinance 8745 that allows height modification requests for three-story buildings to accommodate uses in the community, cultural, and educational use category or the recreation or entertainment use category, and directing staff to initiate a separate work plan item where this can be more thoroughly studied. Community benefit requirements were added to the Land Use Code in 2019 as a 2018-2019 City Council work program priority. The community benefit requirements adopted at that time were informed by an economic analysis to ensure the program requirements were feasible under market conditions at the time and that the amount of community benefit (either as on-site permanently affordable units, cash in lieu, or capital facility impact fees for non-residential uses) were appropriately calibrated to the defined “bonus floor area.” A second phase of the community benefit project was

undertaken in 2021 that would have established additional community benefit options, such as below market rate rent commercial space, space for arts and cultural uses, and space for human services. However, Council ultimately chose not to adopt that ordinance at the time, finding that permanently affordable units and funding for affordable housing were paramount. All previous studies related to height modifications and community benefit focused on buildings with fourth and fifth stories. Additional economic analysis would need to be completed in order to implement Planning Board’s recommendation. 2. City Council could maintain the ordinance language as originally presented by staff to Planning Board, which would allow three-story buildings designed for uses in the community, cultural, and educational use category or the recreation or entertainment use category to request approval of higher buildings through a site review height modification. Since these would be three-story buildings (though over the zoning district height limit in feet), community benefit would not be required. This is similar to how large volume industrial spaces and hospitals are currently eligible to request height modifications. 3. Amend the ordinance by selecting fewer use types to which this height modification option would apply. For reference, the use types within each subject use category are listed below. Community, Cultural, and Educational Use Category  Cemetery  Club or lodge  Community services  Governmental facility  Hospital  Museum  Open space, park, and recreation use  Private college or university  Private elementary, middle, or high school  Public college or university  Public elementary, middle, or high school  Religious assembly  Specialized instruction facility

Recreation and Entertainment Use Category  Art studio or workshop  Campground  Indoor athletic facility  Indoor commercial recreation  Outdoor recreation or entertainment  Small theater or rehearsal space  Temporary event

Other Planning Board Topics of Interest Planning Board also noted interest in future amendments to consider:     

Allowing separate utility service for accessory dwelling units. Determining whether minimum accessibility requirements need to be added for properties providing no parking spaces. Modifying parking dimensional standards. Reorganizing site review threshold table columns and considering removing minimum requirements. Considering additional flexibility on plumbing requirements in accessory structure definition.

Analysis Background The proposed changes were identified during land use review processes where implementation of the code raised issues, where code language resulted in unintended consequences, or where errors were found. Some are substantive changes to address discrete issues with previous ordinances. Staff gathers a list of these issues and every few years compiles an ordinance to update the code accordingly.

Summary of Proposed Changes in Ordinance 8745 The annotated ordinance can be found in Attachment A. Footnotes are provided in the ordinance to describe the purpose of each change. The proposed ordinance is found in Attachment B. The updates generally consist of: 

Corrections. Corrects inaccuracies, such as incorrect citations.



Clarifications. Updates that make the code language or organization clearer.



Consistency. Updates to ensure consistency with state requirements or existing city practices.



Lessons learned. Addresses issues that have emerged through implementation of previous ordinances to several development projects and proposals.

Council has passed 25 ordinances in the last five years that have modified the Land Use Code. While several issues have already been addressed through clean-up ordinances in 2025 and 2024, this omnibus amendment incorporates a few additional changes that have emerged through administration of the code. The changes proposed in this omnibus amendment address issues relate to:

Use Table and Standards    

9-6-1 and 9-6-5(i): Remove combined floor area limits for office uses 9-6-1, 9-6-5(aa), and 9-16-1: Relocate standard for service of vehicles uses 9-6-3(n): Clarify requirement for accessory dwelling unit utilities 9-6-5(d): Reorganize mobile food vehicle standards and clarify park use

Site Review   

9-2-13: Clarify concept plan exception 9-2-14(b): Clarify footnote in site review threshold table 9-2-14(b): Allow height modification requests for three-story buildings

Small Cell Wireless Updates 

9-6-4(f): Align process with 2025 state bill

AMPS Parking  

7-6-23, 9-9-5, 9-9-6: Allow parking in existing driveways after garage conversion 9-9-6(c): Correct reference for accessible spaces

Clarifications or Miscellaneous       

9-2-15(i): Add fencing to list of site changes allowed with Minor Use Review 9-7-2(c): Remove unique nonresidential side yard upper story setbacks 9-9-12(b): Update scope to align with state landscaping requirements 9-12-12(a): Reorganize standards for underground utilities 9-15-3 and 10-5-2: Update enforcement fees to align with similar case types 9-16-1: Clarify definition of accessory structure to reflect existing practice. Update building coverage definition to align with building permit threshold. Throughout: Correct various errors

Considerations What is the reason for the ordinance and what public purpose will be served? This ordinance fixes errors in the code, clarifies common recent issues, and improves communication of code requirements. The changes will improve the accuracy of the code by correcting typographical errors and by providing clarity where existing provisions have caused confusion. In addition, some discrete substantive issues, such as changes to nonresidential side yard upper story setbacks, allowing height modifications for three-story buildings in Site Review, and allowing parking in existing driveways after garage conversions, have also been included in this ordinance.

How is the ordinance consistent with the purpose of the zoning districts or code chapters being amended? The proposed ordinance would affect several different code sections. These changes will improve the comprehension of the code overall, both for customers and code administrators, and may ease review of development applications. It is consistent with the purpose of the zoning districts and code sections being amended. Are there consequences in not adopting this ordinance? If this ordinance is not passed, clerical errors in the code would not be corrected, and improvements in code clarity would not be adopted. The following substantive changes would also not be implemented:  



The side yard upper story setbacks is an outdated regulation based on old building code requirements that would remain in place. There would be limited options for certain buildings with high floor-to-ceiling heights, but the same overall height as other buildings, to request height modifications. Homeowners who convert garage parking space to living space would be required to remove driveways that may have existed for decades and allowed parking in most districts. These driveways, if allowed to remain, could provide offstreet parking for vehicles and facilitate on-site electric vehicle charging, among other benefits. Cumbersome combined floor area limitations would remain in most business districts, significantly complicating and lengthening the approval time of business licenses for small office uses trying to locate in existing office buildings or shopping centers. The small cell wireless changes and landscaping scope changes would not be fully aligned with recent state legislation.

What adverse effects may result with the adoption of this ordinance? Adverse effects are not anticipated as a result of these amendments. Staff has intentionally focused primarily on changes that fix errors, clarify existing language, ensure consistency with state requirements, or address areas of improvement related to past ordinances. For the proposed change allowing parking in existing driveways in a landscaped setback, it should be noted that an exception has existed for decades to allow up to two cars to park in the landscaped setback if a property meets its minimum parking requirement. When minimum parking requirements were eliminated in 2025, that language changed to allow the exception if the driveway led to a properly sized parking

space outside of the landscaped setback. In many cases, vehicles have historically been permitted to park in these driveways for decades and this code change would not result in a net increase in cars crossing the sidewalk to reach a garage or parking space beyond that existing condition. The consequence of not passing this ordinance and requiring removal of these existing driveways upon garage conversion would be a likely increase in cars parking on the street. What factors are influencing the timing of the proposed ordinance? Why? While many of the proposed code corrections are relatively minor fixes, the ordinance does include corrections that should be completed as soon as practical to avoid confusion among code users. Some of the changes involve issues that have arisen upon administration of recently adopted ordinances. Staff aims to ensure these corrections are adopted prior to other code change projects this year that may be more comprehensive and substantive. How does the ordinance compare to practices in other cities? For the changes that are primarily minor clarifications and corrections or alignment with state requirements, comparisons to other communities are not instructive. All communities have an interest in keeping their code updated, clear, and accurate. For the more substantive issues, the changes are in line with regulatory approaches in other cities. Combined floor area limits, as well as stringent limits on office uses, are very uncommon in other cities. Many cities do restrict parking in front yard setbacks, but some do not require removal of driveways upon conversion. It is very uncommon to have different upper story setbacks for nonresidential uses that have no setback for the ground floor.

Equity Analysis These are primarily administrative changes, or codification of existing policies that are not expected to create burdens and are intended to have positive impacts. For example: 

 

Some of the changes are expected to benefit small businesses, particularly office uses, as the process for obtaining business licenses in business zoning districts would be simplified. Certain public or arts uses may benefit from the opportunity to request a height modification. Property owners who may convert former parking space to living space may benefit from continuing to utilize an existing driveway for on-site parking. This is unlikely to burden neighbors as it is limited to existing driveways.

Fiscal Note This effort is part of the P&DS team’s standard work plan, with associated impacts incorporated into annual revenue forecasts through the Budget Office’s budget development process. The proposed increase to the Building Zoning Code Compliance workgroup’s investigative fees is intended to better align cost recovery with the staff time required to perform enforcement-related activities. These fees are applied only in situations where the investigative action is necessary and are not routine nor predictable in quantity. It would be applied upon the finding of a violation as a result of the investigation. As such, the fiscal impact of this adjustment cannot be meaningfully quantified, as the city does not track nor project a consistent volume of investigations, nor is there a target or quota for enforcement activity. Current Year Estimated Fiscal Impact Fund(s): 2120FD Department(s): Planning & Development Services Program(s): All P&DS programs

Item Beginning Fund Balance Total Forecasted Revenue Total Estimated Expenses Ending Fund Balance(s) After Reserves FTE

FY 2026 Budget

FY 2026 Estimated Impact

FY 2026 Net Change

$18,200,885 $15,179,491 $17,735,173

$0 $0 $0

$18,200,885 $15,179,491 $17,735,173

$12,646,701

122.65

Three-Year Estimated Fiscal Impact

Item Total Forecasted Revenue Total Estimated Expenses Net Estimated Impact

FY 2026 $0 $0 $0

FY 2027 $0 $0 $0

FY 2028 $0 $0 $0

Climate, Resilience, and Sustainability Considerations These changes are expected to have a negligible climate impact. The allowance to maintain existing driveways may facilitate easier electric vehicle charging.

Community Engagement Planning staff sent out an update in the March Planning & Development Services newsletter informing the community of the upcoming code changes. As the changes are primarily focused on clarification, and the substantive changes are discrete issues in relation to implementation of previous ordinances, this code change project is implementing an “inform” level of public engagement.

Workplan Considerations This item is included in the Planning & Development Services workplan for 2026. As noted, the recommended change by Planning Board would require significant effort and would need to be separated from this ordinance.

Next Steps for City Council Second reading and public hearing for the proposed ordinance is scheduled for May 7, 2026.

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Attachments Attachment A: Annotated Ordinance 8745 Attachment B: Proposed Ordinance 8745

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.

7-6-23. Parking for Certain Purposes Prohibited. … (b)

No vehicle shall be parked upon any private property within any required yard abutting a street. Required yard means the minimum front yard setback for principal buildings, the minimum side yard setback from a street for all buildings and the minimum front and side yard setbacks from major roads set forth in Section 97-1, "Schedule of Form and Bulk Standards," B.R.C. 1981. (1)

As an exception to this prohibition, within districts zoned RR-1, RR-2, RE, RL-1, RL-2, A or P, up to two vehicles may be parked on an existing paved or improved driveway which serves or formerly served as access to off-street parking provided on the lot in accordance with Sections 9-9-6, "Parking Standards," and 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981.

(2)

This subsection does not apply to recreational vehicles parked or stored in accordance with subsection 9-9-6(f), B.R.C. 1981.

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

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. 1

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

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

DT-1 DT-2 DT-3 DT-4 DT-5 BC-2 BT-1 BT-2 RH-1 RH-2 RM-1 RM-2 RM-3 RMX-1 RMX-2 BC-1 BMS BR-1 BR-2 IMS MU-2 MU-4 MH P F BCS

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

2 acres or 30,000 square feet of floor area

3 acres or 50,000 square feet of floor area

Not required 5 acres or 100,000 square feet of floor area All projects 3 acres or 50,000 square feet of floor area

1 acre

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. 3 Moving language in footnote into actual table for clarity. 2

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.

… (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) …

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

…

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

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.

4 5

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

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

…

9-2-15. Use Review. … (f) …

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)

… (i)

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 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.

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

…

9-2-19. Rezoning. … (f)

…

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

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. 6 7

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. … 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)

Accessory Dwelling Unit: (1) The following standards apply to an accessory dwelling unit:

This language is duplicative in the code and can be removed. It is also in 9-9-22. 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. 8 9

(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 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

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. 14 Fixing incorrect citations. 13

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

…

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 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

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

not limited to, building and safety codes. Additionally, the city specifically finds that:

…

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. (i)

Timeframe for review from date of submittal 150 Days 60 days

90 days 60 days 690 days

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)

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.

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

(iiB)

(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;

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)

(2)

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. 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)

(B)

(C)

Scope:

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.

(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.

(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;

… (i)

…

(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;

(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

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 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 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)

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:

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.

(4)

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)

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

(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

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'

Same change as other related to combined floor area. This incorporates language from the definition. 20 IM has been removed from this as outdoor storage is already explicitly permitted per the use table. 18 19

12'

n/a

zero lot line setback (972(bc)(3))21 …

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. …

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.

Cleanup – incorrect citation. Cleaning up incorrect citations. 23 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. 21 22

…

(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.

(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)

… (d)

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

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

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. 26 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. 24

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

…

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:

Correction based on Ordinance 8650 which eliminated minimum parking requirements.

(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 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:

Correcting error in recent waterwise landscaping ordinance 8721. This amendment is to include nonresidential uses to comply with state law. 29 Clarifies that this section includes other types of utilities and slight reorganization for clarity. 30 In light of Boulder’s wildfire risk, the benefits of placing utilities underground are more than just visual. 28

(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) (2) (3) (4)

(5)

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

…

Updating penalties and investigative inspection costs to align these code sections with other code sections with similar enforcement costs, nuisance type and nuisance level. 32 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. 31

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 … 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

This aligns with the size of a structure that is required to obtain a building permit. Added language from 8-6-6.5 definitions for terms used in wireless communications facilities standards. 35 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. 33 34

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 …

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:

This language is now incorporated in 9-6-3(n) instead.

(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

ORDINANCE 8745

1 2

AN ORDINANCE AMENDING TITLE 7, “PARKING FOR CERTAIN PURPOSES PROHIBITED,” TITLE 9, “LAND USE CODE,” AND TITLE 10, “STRUCTURES,” B.R.C. 1981, TO FIX ERRORS, CLARIFY EXISTING CODE, AND AMEND CERTAIN HEIGHT, USE, FORM, AND GENERAL LAND USE CODE STANDARDS; AND SETTING FORTH RELATED DETAILS.

3 4 5 6 7

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

8 9

COLORADO: Section 1. Section 7-6-23, “Parking for Certain Purposes Prohibited,” B.R.C. 1981, is

10 11

amended to read as follows:

7-6-23. Parking for Certain Purposes Prohibited.

…

(b)

15 16 17

No vehicle shall be parked upon any private property within any required yard abutting a street. Required yard means the minimum front yard setback for principal buildings, the minimum side yard setback from a street for all buildings and the minimum front and side yard setbacks from major roads set forth in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981. (1)

18 19

20 21 22 23 24

… Section 2. Section 9-2-13, “Concept Plan Review and Comment,” B.R.C. 1981, is amended to read as follows: 9-2-13. Concept Plan Review and Comment.

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(a)

Purpose of Concept Plan Review: The purpose of the concept plan review step is to determine a general development plan for the site, including, without limitation, land uses, arrangement of uses, general circulation patterns and characteristics, methods of encouraging use of alternative transportation modes, areas of the site to be preserved from development, general architectural characteristics, any special height and view corridor limitations, environmental preservation and enhancement concepts, and other factors as needed to carry out the objectives of this title, adopted plans, and other city requirements. This step is intended to give the applicant an opportunity to solicit comments from the reviewing authority early in the development process as to whether the concept plan addresses the requirements of the city as set forth in its adopted ordinances, plans, and policies. Comments on a concept plan are not binding, but are meant to inform any subsequent site review application. A concept plan review and comment shall not relieve the applicant of the burden to seek approvals for elements of the plan that require review and approval under the Boulder Revised Code.

(b)

Projects Required to Complete Concept Review and Comment: Any applicant for a development that exceeds the "Site Review Required" thresholds set forth in Paragraph 92-14(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 9-2-14(b)(3), “Exceptions,” B.R.C. 1981, are not required to complete a concept plan review.

2 3 4 5 6 7 8 9 10 11 12 13 14 15

… Section 3. Section 9-2-14, “Site Review,” B.R.C. 1981, is amended to read as follows: 9-2-14. Site Review. (a)

16 17 18 19 20 21 22

Purpose: The purpose of site review is to allow flexibility in design, to encourage innovation in land use development, to promote the most appropriate use of land, to improve the character and quality of new development, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic features of open space, to ensure compatible architecture, massing and height of buildings with existing, approved, and known to be planned or projected buildings in the immediate area, to ensure human scale development, to promote the safety and convenience of pedestrians, bicyclists and other modes within and around developments and to implement the goals and policies of the Boulder Valley Comprehensive Plan and other adopted plans of the community. Review criteria are established to achieve the following:

… (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:

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…

(E)

3 4 5 6 7 8

… (x)

9 10 11

12 13 14 15 16

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

2 acres or 30,000 square feet of floor area

17 18 19 20 21

MU-1 MU-3

22 23 24

DT-1 DT-2 DT-3 DT-4 DT-5

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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.Standard in footnote (b) applies 7,500 square feet of floor area

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

BC-2 BT-1 BT-2 RH-1 RH-2 RM-1 RM-2 RM-3 RMX-1 RMX-2 BC-1 BMS BR-1 BR-2 IMS MU-2 MU-4 MH P F BCS

23 24

3 acres or 50,000 square feet of floor area

Not required 5 acres or 100,000 square feet of floor area All projects 3 acres or 50,000 square feet of floor area 5 acres or 100,000 square feet of floor area

1 acre

IG 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. …

… (c)

21 22

2 acres or 30,000 square feet of floor area

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)

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Paragraph 9-10-3(c)(43)(B), "No Reduction in Affordable Units," pursuant to the standards of that paragraph.

1 2 3 4 5

… (h) …

(4)

7 8 9 10

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

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:

… (B)

(i)

12 13

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

14 15 16

Building and Site Design Requirements for Height Modifications:

…

17 Section 4. Section 9-2-15, “Use Review,” B.R.C. 1981, is amended to read as follows:

18 19 20 21 22 23 24 25

9-2-15. Use Review. (a)

Purpose: Each zoning district established in Section 9-5-2, "Zoning Districts," B.R.C. 1981, is intended for a predominant use, but other uses designated in Section 9-6-1, "Schedule of Permitted Land Uses," B.R.C. 1981, may be allowed by use review if a particular use is demonstrated to be appropriate in the proposed location. Nonconforming uses may be upgraded or expanded under this section if the change would not adversely affect the traffic and the environment of the surrounding area or if the change would reduce the degree of the nonconformity or improve the appearance of the structure or site without increasing the degree of nonconformity. Nonstandard buildings may be changed, expanded or modified consistent with the criteria and standards set forth in this section and Subsection 9-10-3(a), B.R.C. 1981.

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1 2 3

… (f)

4 5

… (4)

6 7 8 9 10

…

(i)

12 13 14

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 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), B.R.C. 1981, with respect to density and other pre-existing nonconformities of the use or nonstandard features of the building.

…

15 16

Section 5. Section 9-2-19, “Rezoning,” B.R.C. 1981, is amended to read as follows: 9-2-19. Rezoning.

17 18

(a)

19 20 21

… (f)

22 23

Initiation: An amendment to rezone any area of the city may be initiated by the city council, the planning board or a person with an ownership interest in property proposed for rezoning.

…

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(3)

2 3 4 5

… Section 6. Section 9-6-1, “Schedule of Permitted Land Uses,” B.R.C. 1981, is amended

6 7

to read as follows:

9-6-1. Schedule of Permitted Land Uses.

The schedule in Table 6-1 shows the uses that are permitted, conditionally permitted, prohibited, or that may be permitted through use review. … TABLE 6-1: USE TABLE

MU-4

MH M1

B1 …

MU-2

MU-1

MU-3

IMS

RH-6

IS-1, IS-2

RH-3, RH-7

DT-5

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

DT-1, DT-2, DT-3

RMX-2

- = Prohibited

DT-4

RMX-1

Use Module

[ ] = Specific Use Standards Apply BR-1, BR-2

RM-1, RM-3

U = Use Review

RL-2, RM-2

C = Conditional Use

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

A = Allowed Zoning District

BCS

BMS

BC-1, BC-2

BT-1, BT-2

Specific Use Standards

COMMERCIAL USES

… Office Uses Administrative office

Medical office

[A]

[C]

Office

[A]

Research and development

[A]

Vehicle-Related [U]

[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)

…

21 22 23

… Service of vehicles

[U]

9-6-5(aa)

…

Section 7. Section 9-6-3, “Specific Use Standards – Residential Uses,” B.R.C. 1981, is amended to read as follows:

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9-6-3. Specific Use Standards - Residential Uses.

(a)

Residential Uses: (1)

This Subsection (a) sets forth standards for uses in the residential use classification that are subject to specific use standards pursuant to Table 6-1, Use Table.

5 6

…

RESIDENTIAL ACCESSORY

(n)

(1)

The following standards apply to an accessory dwelling unit: (A)

11 12

Accessory Dwelling Unit:

General Standards: An accessory dwelling unit shall meet the following standards:

…

(vi)

(vii)

(viii)

14 15 16 17 18 19 20 21 22 23 24 25

… K:\PLCU\o-8745 1st rdg Omnibus Code Amendments-.docx

1 (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.

2 3 4 5

…

(o)

Home Occupation: (1)

8 9

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

… (D)

10 11

Section 8. Section 9-6-4, “ Specific Use Standards – Public and Institutional Uses,”

12 13

B.R.C. 1981, is amended to read as follows:

9-6-4. Specific Use Standards - Public and Institutional Uses.

COMMUNITY, CULTURAL, AND EDUCATIONAL …

16 17 18

INFRASTRUCTURE (f)

Wireless Communications Facility: (1)

(2)

Standards for wireless communications facilities located in the public right-ofway: Small cell facilities in the public right-of-way shall follow the standards located in Section 8-6-6.5, "Small Cell Facilities in the Public Right-of-Way Permits," B.R.C. 1981.

20 21 22 23 24

…

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(3)

(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)

(B)

1 2 3

…

4 5 6

9 10 11

…

12 13 14 15 16 17 18 19 20 21 22 23 24 25

… (iv)

Compliance with Other Laws: Consistent with C.R.S. § 29-27405(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.

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requires that prior to any such work is performed, all generally applicable permits related to that work must be obtained; and

1 2 3

4 5 6 7

…

TABLE 6-6: TIMEFRAME FOR REVIEW

9 Type of Wireless Communications Facility

10 11 12 13 14 15 16

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)

(ii)

17 18 19 20 21 22 23 24 25

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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.

1 2 3 4 5

…

Section 9. Section 9-6-5, “Specific Use Standards – Commercial Uses,” B.R.C. 1981, is

amended to read as follows:

9-6-5. Specific Use Standards - Commercial Uses.

FOOD, BEVERAGE, AND LODGING

10 11 12 13

… (d)

Mobile Food Vehicle: (1)

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

(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)

14 15

(A)

18 19 20 21 22 23 24 25

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(v)

1 2 3 4 5

(iiB)

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

b.(ii)

One hundred fifty150 feet from any existing restaurant. In the BC1 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;

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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-of-way 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 K:\PLCU\o-8745 1st rdg Omnibus Code Amendments-.docx

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.

1 2 3 4

(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.

5 6 7 8 9 10 11

(2)

Mobile Food Vehicle License (vA)

12 13 14

b.(ii)

16 17 18

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)

21 22 23

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

(B)

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.

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(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)

2 3 4 5 6 7 8 9 10

(B)

Scope: (i)

(ii)

(iii)

12 13 14 15 16 17 18 19 20 21 22 23

(C)

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;

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(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;

(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; 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;

1 2 3 4 5 6 7 8

13 14 15 16

(xii)

17 18 19

(xiii)

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

(xiv)

20 21 22 23 24 25

… OFFICE USES K:\PLCU\o-8745 1st rdg Omnibus Code Amendments-.docx

1 2

(i)

3 4 5 6

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:

…

(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)

9 10 11

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 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).

12 13 14 15 16 17 18 19 20

(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;

21 22 23 24 25

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2 3 4

(iii)

5 6

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.

7 8 9

(4)

Office Uses in the BCS Zoning District: (A)

11 12 13

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.

…

VEHICLE-RELATED USES

…

(aa)

Service of Vehicles: (1) General Standard: Any outdoor storage may not exceed five consecutive days.

17 18

(2)

(A)

19 20 21 22 23 24 25

In the MU-4, and BMS, and IM Zoning Districts:

(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)

Section 10. Section 9-7-1, “Schedule of Form and Bulk Standards,” B.R.C. 1981, is amended to read as follows: K:\PLCU\o-8745 1st rdg Omnibus Code Amendments-.docx

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

The purpose of this chapter is to indicate the requirements for lot dimensions and building form, bulk, location and height for all types of development. All primary and accessory structures are subject to the dimensional standards set forth in Table 7-1 of this section with the exception of structures located in an area designated in Appendix L, "Form-Based Code Areas," and developed pursuant to a form-based code review pursuant to the standards in Chapter 9-14, "Form-Based Code," B.R.C. 1981. No person shall use any land within the City authorized by Chapter 9-6, "Use Standards," B.R.C. 1981, except according to the following form and bulk requirements unless modified through a use review under Section 9-2-15, "Use Review," B.R.C. 1981, or a site review under Section 9-2-14, "Site Review," B.R.C. 1981, or granted a variance under Section 9-2-3, "Variances and Interpretations," B.R.C. 1981, or as approved under the provisions of Section 9-2-16, "Form-based code review," B.R.C. 1981.

3 4 5 6 7 8

TABLE 7-1: FORM AND BULK STANDARDS

9 10

Zoning District

A RR-1

RR-2 RE

RH-2 RH-5 P

RL-1 RM-2 RMX-1

BT-2

Form module

11 12 13 14 15 16 17 18 19 20 21 22 23 24

Maximum wall height for detached dwelling units at zero lot line setback (97-2(bc)(3))

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

BCS

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

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: 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 9-7-2(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 9-2-14, "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. …

Section 11. Section 9-7-2, “ Setback Standards,” B.R.C. 1981, is amended to read as follows:

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9-7-2. Setback Standards.

...

(c)

Side Yard Setback Standards: (1)

(21)

(32)

(43)

(54)

(65)

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

…

21 22 23 24

…

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(76)

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

(87)

2 3 4 5

(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.

6 7 8

(A)(C) Window wells or door wells as described under Subparagraph 9-82(e)(1)(D) shall not be counted as part of the wall height.

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Figure 7-3: Setback Relative to Building Height …

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Section 12. Section 9-9-5, “ Site Access Control,” B.R.C. 1981, is amended to read as

1 2

follows:

9-9-5. Site Access Control.

(a)

5 6 7 8 9 10

… (c)

11 12

… (8)

13 14 15 16 17

…

Section 13. Section 9-9-6, “ Parking Standards,” B.R.C. 1981, is amended to read as

follows:

9-9-6. Parking Standards.

(a)

22 23 24

Purpose: The intent of this section is to establish safe and functional motor vehicle and bicycle parking design and location standards, ensure that motor vehicle parking plays a subordinate role to site and building design, and minimize the visual and environmental impacts of excessive parking lot paving.

…

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(c)

General Parking Standards: (1)

3 4 5 6

… (d)

Motor Vehicle Parking Design Standards: (1)

7 8

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

9 10 11 12 13 14

… (2)

15 16 17 18 19 20

… (B)

Small Car Stalls:

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 Provided 5—49

(i)

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Allowable Small Car Stalls 40 percent

50—100 101 or greater

1 2 3

… Section 14. Section 9-9-12, “ Landscaping and Screening Standards,” B.R.C. 1981, is

4 5 6 7

amended to read as follows: 9-9-12. Landscaping and Screening Standards. (a)

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

9 10 11 12 13 14

50 percent 60 percent

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 absorbency;

…

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)

(b)

18 19 20 21 22 23 24

… (C)

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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:

1 2

(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.

6 7

…

8 9 10 11 12

Section 15. Section 9-12-12, “ Standards for Lots and Public Improvements,” B.R.C. 1981, is amended to read as follows: 9-12-12. Standards for Lots and Public Improvements. (a)

13 14

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)

15 16

17 18

… (E)

19 20 21 22 23

Existing utilities are also placed underground unless the subdivider demonstrates to the manager that the cost substantially outweighs the visual benefit from doing so. 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.

…

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Section 16. Section 9-15-3, “Administrative Procedures and Remedies,” B.R.C. 1981, is

1 2

amended to read as follows:

9-15-3. Administrative Procedures and Remedies.

(a)

(1)

8 9

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

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

…

10 (5)

11 12 13

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.

…

Section 17. Section 9-16-1, “ General Definitions,” B.R.C. 1981, is amended to read as

follows:

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.

(b)

Terms identified with the references shown below after the definition are limited to those specific sections or chapters of this title:

18 19 20 21 22 23 24 25

(1) (2) (3) (4) (5) (6) (7)

Airport influence zone (AIZ). Floodplain regulations (Floodplain). Historic preservation (Historic). Inclusionary housing (Inclusionary Housing). Solar access (Solar). Wetlands Protection (Wetlands). Signs (Signs).

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1 2

(c)

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

3 4 5 6

A—E … 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)

(2)

(3)

10 11

(4)

(A)

13 (5)

14 15

21 22 23 24

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. One sink, one clothes washer connection, and one hose bib; or (B)2. One sink and one toilet.

Is used only by the occupant of the principal building or structure; , and

Is not used as living or sleeping quarters; and (6B)

… 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)

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(3)

(4)

(5)

(6)

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; and Up to thirty inches of a roof or a breezeway overhang.

…

F—J

7 8

… K—O

9 10 11 12 13 14

… Micro wireless facility means a small wireless facility that is no larger in dimensions than twenty-four 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. …

P—T

16 17 18 19

… 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.

20 21 22 23 24

… Small cell facility means any of the following: 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:

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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;

1 2 3

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

4 5

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

6 7 8 9 10

A micro wireless facility. …

11 12 13

U—Z …

14 15 16

Section 18. Section 10-1-1, “ Definitions,” B.R.C. 1981, is amended to read as follows: 10-1-1. Definitions.[2] (a)

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

…

19 20

…

22 23

Section 19. Section 10-5-2, “Adoption of International Building Code With Modifications,” B.R.C. 1981, is amended to read as follows:

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10-5-2. Adoption of International Building Code With Modifications.

(a)

3 4 5

…

(r)

The 2024 edition of the International Building Code of the International Code Council is hereby adopted by reference as the City of Boulder Building 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.

Section 114, "Violations," is repealed and reenacted to read:

114 Violations.

(a)

General Provisions.

(b)

Administrative Procedures and Remedies.

…

10 11

(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 13, "Quasi-Judicial Hearings," B.R.C. 1981, may take any one or more of the following actions to remedy the violation:

(A)

12 13

Impose a civil penalty according to the following schedule:

16 (i)

17 18

… (E)

19 20 21 22 23

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.

… Section 4. 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 5. 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.

4 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY

5 6

TITLE ONLY this 16th day of April 2026.

7 ____________________________________ Aaron Brockett, Mayor

8 9

Attest:

10 11 12

____________________________________ Elesha Johnson, City Clerk

READ ON SECOND READING, PASSED AND ADOPTED this 7th day of May 2026.

14 15 ____________________________________ Aaron Brockett, Mayor

16 17

Attest:

18 19 20

____________________________________ Elesha Johnson, City Clerk

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