Boulder, CO Zoning Ordinance | Zoneomics

CHAPTER 1

General Provisions1

CHAPTER 2

Review Processes2

CHAPTER 3

Overlay Districts3

CHAPTER 4

Public Notice, Decisions and Appeal4

9-4-1.- Purpose. 9-4-2. - Development Review Procedures. 9-4-3. - Public Notice Requirements. 9-4-4. - Appeals, Call-Ups and Public Hearings.

CHAPTER 5

Modular Zone System5

CHAPTER 6

Use Standards6

CHAPTER 7

Form and Bulk Standards7

CHAPTER 8

Intensity Standards8

CHAPTER 9

Development Standards9

CHAPTER 10

Nonconformance Standards16

CHAPTER 11

Historic Preservation17

CHAPTER 12

Subdivision19

CHAPTER 13

Inclusionary Housing21

CHAPTER 14

Form-Based Code

CHAPTER 15

Enforcement

CHAPTER 16

Definitions

APPENDIX A

MAJOR STREETS

APPENDIX B

RESERVED*23

APPENDIX C

• HEIGHT RESTRICTIONS FOR NONSTANDARD LOTS

APPENDIX D

• MEDIUM DENSITY OVERLAY ZONE

APPENDIX E

DOWNTOWN PEDESTRIAN DISTRICT

APPENDIX F

AVIGATION EASEMENT

APPENDIX G

TRANSIT VILLAGE AREA PLAN BOUNDARY

APPENDIX H

RL-2 PROPERTIES

APPENDIX I

FORM AND BULK STANDARDS

APPENDIX J

DUPLEXES ALONG TRANSIT CORRIDORS

APPENDIX K

PROPERTIES WHERE MEDICAL OFFICES MAY BE LOCATED AS CONDITIONAL USES IN THE IG ZONING DISTRICT

APPENDIX L

FORM-BASED CODE AREAS

APPENDIX M

RESERVED24

APPENDIX N

BUSINESS COMMUNITY BC AREAS SUBJECT TO SPECIAL USE RESTRICTIONS

Boulder City Zoning Code

CHAPTER 4 Public Notice, Decisions and Appeal4

Footnotes: --- (4) ---

Adopted by Ordinance No. 7476.

9-4-1.- Purpose.

This chapter describes the procedures and criteria for review and approval for development applications.

9-4-2. - Development Review Procedures.

(a)

Development Review Authority: Table 4-1 of this section summarizes the review and decision-making responsibilities for the administration of the administrative and development review procedures described in this chapter. The table is a summary tool and does not describe all types of decisions made under this code. Refer to sections referenced for specific requirements. Additional procedures that are required by this code but located in other chapters are:

(1)

"Historic Preservation," chapter 9-11; and

(2)

"Inclusionary Housing," chapter 9-13.

TABLE 4-1: SUMMARY OF DECISION AUTHORITY BY PROCESS TYPE Expand Standard or Application TypeStaff/City ManagerBOZAPlanning BoardCity Council

Section 9-2-2: Administrative Review Procedures

Conditional Use

Review Type	Code Section	Zoning Administrator	Planning Director	Planning Commission	City Council
Section 9-2-2
D	—	—	—	—	—
Section 9-2-3: Variances and Interpretations
Code Interpretation	Section 9-2-3	D	CA(14)	CA(30)	CA
Setback Variance ≤20%	Section 9-2-3	D	D	—	—
Setback Variance >20%	Section 9-2-3	—	D	—	—
Section 9-2-12: Development Progress Required
Extension of Development Approval	Paragraph 9-2-12(b)	D	—	—	—
Rescission of Development Approval	Subsection 9-2-12(e)	D	—	—	—
Section 9-2-14: Site Review
Amendment of Discretionary Approval - not involving height	Subsection 9-2-14(m)	D(14)	—	CA, D(30)	CA
Amendment of Discretionary Approval - involving height	Section 9-2-14	—	—	D(30)	CA
Building Height - less than principal or nonstandard building height maximum	Section 9-2-14	D(14)	—	CA, D(30)	CA
Building Height - greater than principal building height maximum	Section 9-2-14	—	—	D(30)	CA
Minor Amendment of Discretionary Approval	Subsection 9-2-14(l)	D(14)	—	CA(30)	CA
Minor Modification of Discretionary Approval	Subsection 9-2-14(k)	D	—	—	—
Site Review	Section 9-2-14	D(14)	—	CA, D(30)	CA
Section 9-2-15: Use Review
Minor Use Review	Subsection 9-2-15(i)	D(14)	—	A	CA
Use Review	Section 9-2-15	D(14)	—	CA, D(30)	CA
Use Review Minor Modification	Subsection 9-2-15(j)	D	—	—	—
Section 9-2-16: Form-Based Code Review
Administrative Form-Based Code Review	Section 9-2-16	D	—	—	—
Form-Based Code Review Minor Modification	Section 9-2-16	D	—	—	—
Form-Based Code Review	Section 9-2-16	D(14)	—	CA, D(30)	CA
Section 9-2-17: Annexation Requirements
Annexation	Section 9-2-17	—	—	R	D
Section 9-2-19: Rezoning
Rezoning	Section 9-2-19	—	—	R	D
Section 9-2-20: Creation of Vested Rights
Creation of Vested Rights >3 years	Section 9-2-20	—	—	R	D
Section 9-3-6: Floodplain Development Permits
Floodplain Development Permit	Section 9-3-6	D(14)	—	A	CA
Section 9-3-9: Stream, Wetlands, and Water Body Protection
Wetland Permit Conditional	Section 9-3-9	D	—	—	—
Wetland Permit Standard	Section 9-3-9	D(14)	—	A	CA
Wetland Boundary Revision	Subsection 9-3-9(k)	D(14)	—	A	CA
Section 9-6-7: Specific Use Standards - Agriculture and Natural Resource Uses
Geophysical Exploration Permit	Section 9-6-7(b)	D(14)	—	CA(30)	CA
Chapter 9-7: Form and Bulk Standards
Accessory Building Coverage	Subsection 9-7-8(a)	—	D	—	—
Building Height	Section 9-7-5	—	—	D(30)	CA
Conditional Building Height

Section 9-4-3. - Public Notice Requirements.#

(a) Process and Options#

When a process or procedure identified in this title requires public notice, the city manager shall provide such notice according to Table 4-2 of this section. If a code section does not reference a specific method, the city manager shall determine the most appropriate notification method to be used.

TABLE 4-2: PUBLIC NOTICE OPTIONS#

Public Notice Type	Type of Application, Meeting or Hearing	Mailed Notice	Posted Notice
1	Administrative Reviews (except those identified below)	none	none
2	Preliminary Plats and Minor Subdivisions	To adjacent property owners a minimum of 10 days before final action and mineral rights owners a minimum of 30 days before initial hearing or decision	Post property a minimum of 10 days from receipt of application and prior to final action or any hearing
3	Good neighbor meetings	To property owners within 600 feet of subject property a minimum of 10 days before meeting§	none
4	Solar access permits	To adjacent property owners a minimum of 10 days before final action	Post property a minimum of 10 days from receipt of application and prior to final action or any hearing
5	Applications requiring BOZA action	To property owners within 300 feet of subject property a minimum of 10 days before final action§	Post property a minimum of 10 days from receipt of application and prior to final action or any hearing
6	Development Review Applications (site review, use review, annexation, rezoning, concept plans)	To property owners within 600 feet of subject property a minimum of 10 days before final action§ and mineral rights owners a minimum of 30 days before initial hearing or decision	Post property a minimum of 10 days from receipt of application and prior to final action or any hearing
7	Form-based code review	To property owners and all addresses within 600 feet of the subject property a minimum of 10 days before final action§ and mineral rights owners a minimum of 30 days before initial hearing or decision	Post property a minimum of 10 days from receipt of application and prior to final action or any hearing
8	Use review applications for oil and gas operations	To property owners, all addresses, and the local government designee of any local government within 5,280 feet (one mile) of the subject property§ upon finding an application complete and a minimum of 10 days before final action and any mineral rights owners at that time and a minimum of 30 days before initial hearing	Post property a minimum of 10 days from receipt of application and prior to final action or any hearing

(b) Mailed Notice#

When mailed notice is required, the manager will notify by first class mail the owners of all property and, where required, addresses located within a radius

specified in Subsection (a) of this section from all points on the perimeter of the
land included in the application. The notice will indicate:

(1) That a review application has been filed,

(2) The type of review requested,

(3) That the application may be reviewed during the planning department's regular business
hours,

(4) A copy of the city manager's recommendation or decision on the application may be
requested,

(5) How comments or objections may be submitted, and

(6) That public hearings may be held before the BOZA, the planning board, landmarks advisory
board and/or the city council for which only published, rather than personal mailing
will be provided.

(c) **Posting:** Posted notice shall meet the following standards:

(1) The notice shall be on a sign provided by the City and posted by the applicant.

(2) The notice shall indicate the type of review requested and where interested persons
may obtain more detailed information about the request.

(3) All such notice shall be posted no later than ten days after the date the application
is filed to ensure that notice is posted early in the review process. Properties shall
remain posted until any final action or public hearing.

(4) The signs shall be placed along each abutting street, perpendicular to the direction
of travel, in a manner that makes them clearly visible to neighboring residents and
passers-by. At least one sign shall be posted on each street frontage.§

(5) The signs shall remain in place during the period leading up to a decision by the
approving authority, but not less than ten days.

(6) On or before the date that the approving authority is scheduled to make a decision
on the application, the city manager will require the applicant to certify in writing
that required notice will be posted according to the requirements of this section.

(d) **Published Notice:** Published notice is required for all public hearings and good neighbor
meetings. The city manager shall have the notice published in a newspaper of general
circulation in the City within ten days of the receipt of the application and not
less than ten days prior to any hearing or meeting. The notice will indicate:

(1) That a review application has been filed,

(2) The type of review requested,

(3) That such persons may review the application during the planning department's regular
business hours, and

(4) In the case of notice for a public hearing, the notice will indicate the time, date
and place of the hearing, a summary of the proposed development, its location, and
where interested parties may request a copy of the city manager's recommendation or
decision on the application.

(e) **Notice - Mineral Estate:** The purpose of this notice provision is to comply with the
notification of surface development requirements in article 24-65.5, C.R.S. The city
manager will waive the notice requirements for mineral estate owners under this subsection
for use review applications that will not result in the construction of a new building.
The applicant shall:

(1) At least thirty days before any initial hearing or, if none, before decision on a
development review application§, send notice, by certified mail, return receipt requested,
or by a nationally recognized overnight courier, to the mineral estate owner.

(2) Provide in the notice a statement about how the decision will be made, rights of appeal,
the location of the property that is the subject of the application, and the name
of the applicant, the City of Boulder as the approving authority, and the name and
address of the mineral estate owner.

(3) Identify the mineral estate holder in a manner consistent with § 24-65.5-103, C.R.S.

(4) Certify, in a form acceptable to the city manager, that such notice has been provided
to the mineral estate owner. The certification shall identify the name and address
of the mineral estate owners to whom notices were sent. This certification is a condition
of approval.

(f)

9-4-4. - Appeals, Call-Ups and Public Hearings.#

When a section of the land use code indicates that a decision is subject to appeal or call-up, the following standards shall apply:

(a) Appeal: If a right to appeal is noted in this title, an applicant or, if applicable, an aggrieved party or any two interested persons may appeal the city manager's decision to grant or deny an application to the planning board by delivering a written notice of appeal to the city manager within fourteen days of the decision§.

(b) Board Call-Up: If a planning board call-up of a city manager decision is noted in this title, two members of the planning board may call up a city manager's decision upon written notification to staff or by making a verbal request, on the record, at a regularly scheduled board meeting within fourteen days of the manager's decision§. A member of the BOZA may call up a city manager's decision regarding an interpretation upon written notification to staff or by making a verbal request, on the record, at a regularly scheduled board meeting within fourteen days of the manager's decision.

(c) City Council Call-Up: With the exception of minor subdivisions and plats, the city council may call up any board decision within thirty days of the board's action§. The city manager may extend the call-up period until the council's next regular meeting, if the manager finds in writing within the original call-up period that the council will not receive notice of a decision of the board in time to enable it to call up the decision for review. Together with the evidence presented at such public hearing, the council may consider the record, or any portion thereof, of the hearing before the board.

(d) Public Hearing Requirements: Within sixty days after appeal or call-up under this section, the planning board or city council shall hold a public hearing§ on the appeal or call-up. The planning board or city council shall render a decision within thirty days after the close of the public hearing§, unless the applicant and the city manager agree to an extension of time. The planning board or city council may affirm, reverse, or modify the decision being appealed or called up. The decision of the planning board or city council shall be final, subject to judicial review as provided by law.

(e) Notice of Appeal or Call-Up: The city manager shall provide notice of any appeal or call-up to the applicant, the original decision-maker, and any person who submitted written comments on the original application. Such notice shall be given at least ten days prior to the public hearing§.

(f) Stay of Proceedings: An appeal or call-up of a decision shall stay all further proceedings upon the decision appealed from, unless the city manager certifies in writing that a stay would cause imminent peril to life or property or that, because of the facts stated in the certificate, a stay would cause substantial hardship to the applicant. In such cases, proceedings shall not be stayed except by order of the planning board or city council, upon application, after notice to the city manager and a hearing.

(g) Record of Proceedings: The city manager shall transmit to the planning board or city council all papers constituting the record of the decision being appealed or called up. The planning board or city council shall consider the record and may hear additional evidence and argument from the parties and any interested persons.

(h) Rehearing: A party may request a rehearing of a decision of the planning board or city council by filing a written request with the city manager within ten days of the decision§. The planning board or city council may grant a rehearing if it finds that there is material evidence that was not available at the time of the original hearing or that the decision was based on an error of law or fact. A request for rehearing shall not stay the effective date of the decision unless the planning board or city council so orders.

Ordinance Nos. 6093 (1999); 7117 (2001); 7210 (2002); 8121 (2016); 8235 (2018); 8514 (2021); 8571 (2023); 8620 (2024); 8622 (2024)

Section 9-2-17, "Development Review Procedures," B.R.C. 1981#

(d) Approval or Denial#

On any application that it calls up, the board or council will hold a public hearing under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, after publishing notice as provided in Subsection 9-4-3(d), B.R.C. 1981. Within thirty days of the public hearing or within such other time as the board or council and the applicant mutually agree, the board or council will either grant the application in whole or in part, with or without modifications and conditions, or deny it. The decision will specifically set forth in what respects the development review application meets or fails to meet the standards and criteria required by Sections 9-2-14, "Site Review," 9-2-15, "Use Review," and 9-2-16, "Form-Based Code Review," B.R.C. 1981, for the type of review requested.

(e) Public Notice#

Public notice for appeals and call-ups shall be provided pursuant to Subsection 9-4-3(a), B.R.C. 1981.

(f) Building Permit Pending Appeal#

A building permit may be applied for after the initial approval of a development review application, but no building permit will be issued until after any and all applicable call-up or appeal periods have expired. An applicant for such a permit bears all risks of subsequent disapproval and waives any claims arising from the permit application.

(g) Judicial Review#

Exhaustion of administrative remedies is a prerequisite to judicial review of any decision made under this chapter. Any person aggrieved by the final decision of the City may seek judicial review of the decision by filing a complaint pursuant to the Colorado Rule of Civil Procedure 106(a)(4).

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Ordinance Nos. 7663 (2009); 7838 (2012); 8121 (2016); 8622 (2024)