(a)

Purpose: This section identifies the numerous types of administrative and development review processes and procedures. The review process for each of the major review types is summarized in Table 2-1 of this section.

(b)

Summary Chart:

TABLE 2-1: REVIEW PROCESSES SUMMARY CHART

Ordinance Nos. 7522 (2007); 7568 (2007); 7938 (2013); 8005 (2014); 8030 (2015); 8040 (2015); 8121 (2016); 8215 (2017); 8296 (2019); 8337 (2019); 8339 (2019); 8409 (2020); 8514 (2021); 8523 (2022); 8620 (2024); 8622 (2024); 8696 (2025); 8697 (2025)

(a)

Purpose: Administrative review of projects will occur at various times in project development to ensure compliance with the development standards of the city.

(b)

Scope of Administrative Review: Every application found in this title that permits an administrative review or action shall be subject to the following procedures. The list of administrative reviews is found in column I of Table 2-1 of this section. Any reference that authorizes an action by the city manager that is not specifically identified in column I of the chart shall be assumed to be an informal application procedure.

(c)

Application Requirements:

(1)

Informal Application: Those reviews not identified in column I of the chart shall submit an application in the form of a letter addressed to the city manager.

(2)

Formal Application: The administrative review requests found in column I shall be submitted on an application form provided by the city manager. No application will be accepted until it is determined to be complete. This determination will be made within five days of the submission of the application.

(3)

Required Information: The letter or application shall include the information required and address all criteria identified in the code section under which review and action is sought or required.

(4)

Additional Information: If, in the city manager's judgment, the application does not contain sufficient information to permit an appropriate review, the manager may request additional information from the applicant. This additional information may include, without limitation, a written statement describing the operating characteristics of proposed and existing uses and a site plan showing dimensions, distances, topography, adjacent uses, location of existing and proposed improvements, including but not limited to landscaping and buildings.

(d)

Conditional Uses:

(1)

Purpose: Conditional uses are uses that are appropriate in a given zoning district if the applicable specific use standards have been satisfied. The requirements are intended to ensure that the use is compatible with the surrounding area.

(2)

Standards and Criteria: Conditional uses shall be permitted in a given zoning district if the use meets the standards and criteria set forth in Sections 9-6-2 through 9-6-7, B.R.C. 1981, and other requirements of this code and any other ordinance of the city. The standards and criteria set forth in Sections 9-6-2 through 9-6-7, B.R.C. 1981, cannot be met by using the variance process. Conditional uses shall not be located on nonstandard lots except as otherwise permitted.

(3)

Review: Conditional uses are reviewed pursuant to the administrative review procedures set forth in this section. The applicant shall demonstrate to the city manager that the applicable standards and criteria have been satisfied.

(4)

Violations: No person shall violate a provision of a conditional use approval.

(5)

Expiration: Any conditional use approval that is not established within one year of its approval, is discontinued for at least three years, or is replaced by another use of land shall expire.

(e)

Administrative Review Decision:

(1)

Approval: If the city manager approves an administrative review application, a building permit or approval may then be issued, provided that all other requirements of this code and all other ordinances of the city are satisfied.

(2)

Denial: An administrative review application will be denied for failure to comply with this code or another ordinance of the city. If a development application is denied, the reasons for the denial will be stated in writing.

(3)

Judicial Review: Any person aggrieved by the final decision of the city manager may seek judicial review pursuant to Subsection 9-4-4(g), B.R.C. 1981.

Ordinance Nos. 8337 (2019); 8523 (2022); 8581 (2023); 8622 (2024); 8696 (2025)

(a)

Purpose: This section identifies those standards that can be varied by either the city manager or the Board of Zoning Adjustment (BOZA). Some standards can be varied by the city manager through an administrative Review process, others by BOZA by another level of administrative Review. The city manager may defer any administrative decision pursuant to this section to BOZA. This section also identifies which city manager interpretations of this title may be appealed to BOZA and establishes a process for such appeals.

(b)

Interpretations: The city manager may decide questions of interpretation and application of the regulations of this title as a ministerial function. Interpretations made by the city manager of Chapters 9-6, "Use Standards," 9-7, "Form and Bulk Standards," and 9-8, "Intensity Standards," B.R.C. 1981, may be appealed to the BOZA by filing an application in compliance with this section.

(1)

Planning Board Call-Up: A member of the planning board may call-up any interpretation of the BOZA through the procedures of Section 9-4-4, "Appeals, Call-Ups, and Public Hearings," B.R.C. 1981. The planning board may consider the record, or any portion thereof, of the hearing before the BOZA in its consideration of the matter.

(2)

City Council Call-Up: The city council may call-up for review any interpretation of the BOZA upon which the planning board has acted pursuant to the procedures of Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981. The council may consider the record, or any portion thereof, of the hearing before the planning board in its consideration of the matter.

(c)

Administrative Variances: The city manager may grant a variance from:

(1)

The minimum yard setback requirement and the building separation requirements of Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, of up to twenty percent of the required yard setback, if the manager finds that the application satisfies all of the requirements in Subsection (h) of this section and if the applicant obtains the written approvals of impacted property owners.

(2)

The minimum requirements of Section 9-7-9, "Side Yard Bulk Plane," and Section 9-7-10, "Side Yard Wall Articulation," for lots 4,600 square feet or less or for lots forty-eight feet in width or less based on the average lot width measured at the front yard setback, midpoint of the lot and the rear yard setback, if the city manager finds that the application satisfies all of the requirements of Paragraph (h)(5) of this section.

(3)

The minimum requirements of Section 9-7-11, "Maximum Building Coverage," and Section 9-8-2, "Floor Area Ratio Requirements," to existing detached dwelling units, by up to two hundred square feet. The purpose of this administrative variance is to permit minor modifications to detached dwelling units that will allow residents or a family member of a head of household with existing or anticipated impairments that restricts their ability to perform a major life activity to be in the home. This variance may be granted if the city manager finds that:

(A)

The request meets the requirements of Subparagraphs (h)(5)(A) and (B) of this section; and

(B)

The improvements are necessary to remedy any impairment, or anticipated impairment, that would prohibit or significantly restrict a resident's or a family member of a head of household's ability to perform a major life activity as compared to the ability of the average person in the general population to perform the same activity.

(4)

The height of the plane above a side lot line in bulk plane requirements of Section 9-7-9, "Side Yard Bulk Plane," B.R.C. 1981, and the side yard wall articulation standards of Section 9-7-10, "Side Yard Wall Articulation Standards," B.R.C. 1981, may vary by up to twenty percent and the building coverage requirements of Section 9-7-11, "Maximum Building Coverage," or the floor area ratio requirements of Section 9-8-2, "Floor Area Ratio Requirements," by up to two hundred square feet for existing detached dwelling units if the manager finds that the application satisfies all of the requirements in Subsection (h) of this section.

(5)

Maximum variance that may be granted to a lot under paragraph (3) or (4) above shall be a total of two hundred square feet of floor area or building coverage.

(6)

The parking requirements of Subsection 9-9-6(d), B.R.C. 1981, with regards to parking in landscaped front yard setbacks, if the city manager finds that the application satisfies all of the requirements in subsection (h) or (j), as applicable, of this section and if the applicant obtains the written approvals of impacted property owners.

(7)

If written approvals of impacted property owners cannot be obtained, the applicant may apply for consideration of the variance before the BOZA.

(8)

Applicants shall apply for the variance on a form provided by the city manager and shall pay the application fee required by title 4, "Licenses and Permits," B.R.C. 1981, at time of submittal of the application.

(9)

The city manager may also grant variances or refer variance requests to the BOZA to allow development not in conformance with the provisions of this title which otherwise would result in a violation of federal or state legislation or regulation, including but not limited to the Federal Fair Housing Act or the Americans with Disabilities Act.

(d)

Board of Zoning Adjustment (BOZA): The BOZA may grant variances from the requirements of:

(1)

Setback, separation and bulk plane requirements listed in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, and standards referred to in that section;

(2)

The building coverage requirements of Section 9-7-11, "Maximum Building Coverage," and chapter 9-10, "Nonconformance Standards," B.R.C. 1981;

(3)

The setback and separation requirements for mobile homes of Section 9-7-13, "Mobile Home Park Form and Bulk Standards," B.R.C. 1981;

(4)

The porch setback and size requirements of Section 9-7-4, "Setback Encroachments for Front Porches," B.R.C. 1981;

(5)

The side yard wall articulation standards of Section 9-7-10, "Side Yard Wall Articulation Standards," B.R.C. 1981;

(6)

The size requirements for accessory dwelling units of Subsection 9-6-3(n), B.R.C. 1981;

(7)

The total cumulative building coverage requirements for accessory buildings of Section 9-7-8, "Accessory Buildings in Residential Zones," B.R.C. 1981;

(8)

The use of a mobile home for nonresidential purposes subject to the requirements of Subsection 10-12-6(b), B.R.C. 1981;

(9)

The parking requirements of Subsection 9-9-6(d), B.R.C. 1981, with regards to parking in landscaped front yard setbacks; and

(10)

The sign standards of Section 9-9-21, "Signs," B.R.C. 1981, as permitted by Subsection 9-9-21(s), B.R.C. 1981.

In granting any variance, the board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this title.

(e)

Application Requirements: A person having an interest in the property for which the variance is requested or a person having an interest in an interpretation by the city manager of Chapters 9-6, "Use Standards," 9-7, "Form and Bulk Standards," and 9-8, "Intensity Standards," B.R.C. 1981, may file an application on a form provided by the city manager that shall include, without limitation, the following, but the manager may waive particular application requirements if not required for review of the interpretation at issue:

(1)

The written consent of the owners of the property for which the variance is requested or, in case of a request for review of an interpretation, a statement of the person's interest in the interpretation at issue;

(2)

A list of property owners within three hundred feet;

(3)

An improvement survey;

(4)

A site plan including building height and setback;

(5)

A building floor plan and building elevation plan;

(6)

A demolition plan, if the applicant proposes to remove any part of the roof or remove any walls;

(7)

In case of a variance, a written statement addressing the applicable criteria for approval of Subsection (h), (i) or (j) of this section; and

(8)

Any other information pertinent to the request. In addition, in case of a variance, the submitted application shall include the fee prescribed by Section 4-20-43, "Development Application Fees," B.R.C. 1981.

(f)

Public Notice: After receiving an application for a variance or an interpretation review, the city manager shall provide notice as specified in Section 9-4-3, "Public Notice Requirements," B.R.C. 1981.

(g)

Public Hearing: Except as provided in Subsection (c) of this section, the BOZA shall hear a request for a variance or interpretation review at a public hearing, for which notice pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981, shall be provided.

(h)

Criteria for Variances: The BOZA may grant a variance only if it finds that the application satisfies all of the applicable requirements of Paragraph (h)(1), (h)(2), (h)(3) or (h)(4) of this section and the requirements of paragraph (h)(5) of this section.

(1)

Physical Conditions or Disability:

(A)

There are:

(i)

Unusual physical circumstances or conditions, including, without limitation, irregularity, narrowness or shallowness of the lot or exceptional topographical or other physical conditions peculiar to the affected property; or

(ii)

There is a physical disability affecting the owners of the property or any member of the family of an owner who resides on the property which impairs the ability of the disabled person to utilize or access the property; and

(B)

The unusual circumstances or conditions do not exist throughout the neighborhood or zoning district in which the property is located; and

(C)

Because of such physical circumstances or conditions the property cannot reasonably be developed in conformity with the provisions of this chapter; and

(D)

Any unnecessary hardship has not been created by the applicant.

(2)

Energy Conservation:

(A)

The variance will permit construction of an addition to a building that was constructed on or before January 1, 1983;

(B)

The proposed addition will be an integral part of the structure of the building;

(C)

The proposed addition will qualify as a "solar energy system" as defined in Chapter 9-16, "Definitions," B.R.C. 1981, or will enable the owner of the building to reduce the net use of energy for heating or cooling purposes by a minimum of ten percent over the course of a year of average weather conditions for the entire building; and

(D)

The costs of constructing any comparable addition within existing setback lines so as to achieve comparable energy purposes would be substantially greater than the cost of constructing the addition which is proposed for the variance.

(3)

Solar Access:

(A)

The volume of that part of the lot in which buildings may be built consistent with this code has been reduced substantially as a result of the provisions of Section 9-9-17, "Solar Access," B.R.C. 1981;

(B)

The proposed building or object would not interfere with the basic solar access protection provided in Section 9-9-17, "Solar Access," B.R.C. 1981; and

(C)

The volume of the proposed building to be built outside of the building setback lines for the lot will not exceed the amount by which the buildable volume has been reduced as a result of the provisions of Section 9-9-17, "Solar Access," B.R.C. 1981.

(4)

Designated Historic Property: The property could be reasonably developed in conformity with the provisions of this chapter, but the building has been designated as an individual landmark or recognized as a contributing building to a designated historic district. As part of the review of an alteration certificate pursuant to Chapter 9-11, "Historic Preservation," B.R.C. 1981, the approving authority has found that development in conforming locations on the lot or parcel would have an adverse impact upon the historic character of the individual landmark or the contributing building and the historic district, if a historic district is involved.

(5)

Requirements for All Variance Approvals:

(A)

Would not alter the essential character of the neighborhood or district in which the lot is located;

(B)

Would not substantially or permanently impair the reasonable use and enjoyment or development of adjacent property;

(C)

Would be the minimum variance that would afford relief and would be the least modification of the applicable provisions of this title; and

(D)

Would not conflict with the provisions of Section 9-9-17, "Solar Access," B.R.C. 1981.

(i)

Floor Area Variances for Accessory Dwelling Units: The BOZA may grant a variance to the maximum floor area allowed for an attached accessory dwelling unit or for a detached accessory dwelling unit under Subsection 9-6-3(n), B.R.C. 1981, only if it finds that the application satisfies all of the following applicable requirements of either Subparagraph (i)(1) or (i)(2):

(1)

House Configuration:

(A)

That the interior configuration of the structure is arranged in such a manner that the space to be used as the attached accessory dwelling unit or detached accessory dwelling unit cannot feasibly be divided in conformance with the size requirements;

(B)

That the variance, if granted, meets the essential intent of this title, and would be the minimum variance that would afford relief; and

(C)

That the strict application of the provisions at issue would impose an undue and unnecessary hardship on the individual and that such hardship has not been created by the applicant; or

(2)

Unusual Physical Conditions:

(A)

That there are unusual physical circumstances or conditions in the design of the existing structure the accessory dwelling unit would be in, including without limitation the thickness of exterior walls or framing, that affect the total allowed interior floor area of the accessory dwelling unit;

(B)

That the unusual circumstances or conditions do not exist through the neighborhood or the zoning district in which the property is located;

(C)

That the variance, if granted, would not alter the essential character of the neighborhood or zoning district the property is in;

(D)

That the variance, if granted, would be the minimum variance that would afford relief; and

(E)

That the accessory dwelling unit would be clearly incidental to the principal dwelling unit.

(j)

Variances for Parking Spaces in Front Yard Setbacks: The approving authority may grant a variance to the requirements of Section 9-9-6, "Parking Standards," B.R.C. 1981, to allow a required parking space to be located within the front yard setback if it finds that the application satisfies all of the following requirements:

(1)

The dwelling unit was built in an RR, RE, or RL zoning district;

(2)

The dwelling unit originally had an attached carport or garage that met the off-street parking requirements at the time of initial development or, at the time of initial construction, an off-street parking space was not required and has not been provided;

(3)

The garage or carport was converted to living space prior to January 1, 2005;

(4)

The current property owner was not responsible for the conversion of the parking space to living area and can provide evidence as such;

(5)

A parking space in compliance with the parking regulations of Section 9-9-6, "Parking Standards," B.R.C. 1981, cannot reasonably be provided anywhere on the site due to the location of existing buildings, lack of alley access or other unusual physical conditions;

(6)

Restoring the original garage or carport to a parking space would result in a significant economic hardship when comparing the cost of restoration to the cost of any other proposed improvements on the site; and

(7)

The proposed parking space to be located within the front yard setback space shall be paved with asphalt, concrete, or other similar permanent hard surface and shall comply with Section 9-9-5, "Site Access Control," B.R.C. 1981, shall not be less than nine feet in width or more than sixteen feet in width, and shall not be less than nineteen feet in length. No parking space shall encroach into a public right-of-way or obstruct a public sidewalk.

(k)

Conformity With Approved Site Plan: No person granted a variance shall fail to build in conformity with the approved site plan.

(l)

Expiration of Variance Approval: A variance granted by the BOZA or city manager automatically expires within one hundred eighty days of the date on which it is granted or within such other time as the BOZA or the city manager prescribes, unless a building permit for such variance is applied for within such period. The city manager may grant a one-time extension for any approved variance not to exceed ninety days. Extension in excess of ninety days shall be approved by the decision authority for good cause shown. Extensions shall not exceed six months and only if an application for such extension is made prior to the expiration of the period.

Ordinance Nos. 5623 (1994); 6046 (1999); 6083 (1999); 7182 (2002); 7287 (2003); 7401 (2004); 7522 (2007); 7535 (2007); 7624 (2008); 7684 (2009); 7699 (2009); 8005 (2014); 8256 (2018); 8409 (2020); 8523 (2022); 8556 (2023); 8571 (2023); 8620 (2024); 8651 (2025); 8696 (2025)

(a)

Purpose and Applicability: Good neighbor meetings and management plans are required for some uses, such as shelters and some restaurants and taverns, in order to ensure that applicants, owners, and operators of specific uses are informed of the effects of their use upon neighboring properties, and are educated about ways to mitigate, reduce, or eliminate potential impacts upon neighboring properties. The specific use standards of Chapter 9-6, "Use Standards," B.R.C. 1981, identify those uses that must complete these procedures.

(b)

Good Neighbor Meeting: When required, owners and operators shall conduct a good neighbor meeting that meets the following standards:

(1)

Meeting With Surrounding Property Owners Required: Prior to submitting an application, the owner or operator shall be required to organize, host, and participate in a meeting with the surrounding property owners. The time and place of the meeting shall be approved by the city manager. Nothing in this section shall relieve the owner or operator of the responsibility to otherwise comply with all other laws applicable to the property or business.

(2)

Purpose of Meeting: The purpose of the meeting described in Subsection (a) of this section is to provide interested persons in the surrounding neighborhood an opportunity to inform the facility owner or operator of the concerns of the neighborhood. The facility owner or operator shall also provide interested persons in the surrounding neighborhood an opportunity to comment on its proposed management plan. The issues to be addressed at this meeting may include, without limitation, hours of operation; client and visitor arrival and departure times; coordinated times for deliveries and trash collection; mitigation of noise impacts; security; the facility's drug and alcohol policy; loitering; employee education; the facility's responsibilities as good neighbors; neighborhood outreach and methods for future communication; and dispute resolution with the surrounding neighborhood.

(3)

Notice for the Meeting: Notice of the meeting shall be provided as set forth in Section 9-4-3, "Public Notice Requirements," B.R.C. 1981.

(4)

Waiver of Requirement: The city manager may waive the requirement that the applicant organize, host, and participate in a good neighbor meeting upon finding that the applicant will not require a use review, and that the needs of the facility's clients for anonymity and a safe and secure environment will be compromised by such a meeting.

(c)

Management Plan: When required, owners and operators shall develop a management plan that addresses how the applicant will mitigate the potential adverse impacts that a facility may have on the surrounding neighborhood. The approving authority will not approve a management plan unless it adequately addresses such impacts. The following standards apply to the preparation, submission, and approval of a management plan:

(1)

Elements of a Management Plan: The management plan shall contain the following components that describe the business operation and address the mitigation of potential adverse impacts the facility may have on the surrounding neighborhood, to the extent necessary, including, without limitation:

(A)

A description of the food service offered;

(B)

Hours of operation;

(C)

Client and visitor arrival and departure times;

(D)

Coordinated times for deliveries and trash collection;

(E)

A description of the type of entertainment provided;

(F)

Size, location, and number of electronic amplifiers;

(G)

Techniques and strategies to mitigate noise impacts;

(H)

A description of how the applicant will prevent littering and maintain an orderly appearance of the premises and any adjacent right-of-way;

(I)

A security plan describing security features, including, without limitation, personnel and equipment;

(J)

The facility's drug and alcohol policy;

(K)

Strategies to avoid loitering;

(L)

Employee education;

(M)

The facility's responsibilities as good neighbors;

(N)

Neighborhood outreach and methods for future communication; and

(O)

Dispute resolution strategies for any conflicts with the surrounding neighborhood.

(2)

Preparation and Distribution of a Proposed Management Plan: The owner or operator shall prepare a proposed management plan and present it to the surrounding property owners at the good neighbor meeting required by Subsection (a) of this section.

(3)

Submission of a Management Plan: After the good neighbor meeting, the applicant shall submit a revised management plan with its application.

(4)

Approved Management Plan: An approved management plan shall be used to define the operating characteristics of a facility and shall be retained by the applicant and the city manager and shall be readily available to any member of the public at all times during business hours. No person shall operate a facility in violation of an approved management plan.

(5)

Amendment of a Management Plan: When the owner or operator changes the operating characteristics in a manner that does not comply with the approved management plan, the owner or operator shall resubmit a management plan. No owner or operator shall fail to resubmit a management plan that meets the requirements of this section. The city manager is authorized to require an owner or operator to organize, host, and participate in a good neighbor meeting if the city manager determines that such a meeting will be of assistance in identifying additional adverse impacts that may have been created by the facility. The amended management plan shall address how the facility will address any additional adverse impacts that have been identified by the city manager. The city manager will approve the amended management plan upon finding that any such additional adverse impacts will be mitigated by amendments to the management plan.

(6)

Management Plan as a Condition of a Use Review Approval: A management plan shall be incorporated into the conditions of approval if the applicant is required to complete a use review pursuant to Section 9-2-15, "Use Review," B.R.C. 1981.

Ordinance Nos. 7522 (2007); 7938 (2013)

(a)

Purpose: The development review process is established in order to provide a uniform and consistent method for evaluating and reviewing all proposals for discretionary and form-based code review.

(b)

Compliance Required: No person shall commence or complete construction of any structure or part thereof which requires a development review under this title without first complying with all applicable requirements of this title, receiving approval under this title, and complying with any condition of approval given under this title. No person shall use, occupy, or maintain any structures or part thereof for which a discretionary or form-based code review approval under this title is required if no such approval was given, or in violation of any condition of approval.

Ordinance No. 8121 (2016)

(a)

Application Requirements for Use Review, Site Review, and Form-Based Code Review: A person having a demonstrable property interest in land to be included in a development review may file an application for approval on a form provided by the city manager that shall include the following:

(1)

The written consent of the owners of all property to be included in the development;

(2)

An improvement survey of the land. The city manager may waive this application requirement for a minor modification, minor amendment, use review, or minor use review;

(3)

Development plans including site, landscaping, building plans, and building elevations as applicable;

(4)

A written statement addressing the criteria for approval;

(5)

All information required in 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;

(6)

Any other information that the applicant wishes to submit; and

(7)

The fee prescribed by Section 4-20-43, "Development Application Fees," B.R.C. 1981, for the type of review requested.

(b)

Combined Reviews: If a development proposal, by its nature, requires more than one type of approval under Sections 9-2-14, "Site Review," 9-2-15, "Use Review," and 9-2-16, "Form-Based Code Review," B.R.C. 1981, the following will apply in addition to other requirements of this chapter:

(1)

All applicable fees will be collected as prescribed in Section 4-20-43, "Development Application Fees," B.R.C. 1981.

(2)

The notice requirements of Subsection (c) of this section shall be met for each individual type of approval required, although such notices may be combined in one document, one posting, and one publication.

(3)

The approving agency will apply the criteria for each type of approval required under Sections 9-2-14, "Site Review," 9-2-15, "Use Review," and 9-2-16, "Form-Based Code Review," B.R.C. 1981.

(c)

Public Notice of Application: The city manager shall provide the public notice for a development review application as specified in Section 9-4-3, "Public Notice Requirements," B.R.C. 1981.

(d)

Notice - Mineral Estate: The applicant shall notify all owners of a mineral estate as specified in Subsection 9-4-3(e), B.R.C. 1981.

(e)

Inactive Applications:

(1)

If, at any point in a development review process, the city manager has notified the applicant that additional or corrected materials are required, and the applicant has not submitted those materials within sixty days after the date of such notification, the application will be considered withdrawn. The city manager may extend the sixty-day period if requested by the applicant prior to its expiration and upon the applicant's demonstrating good cause for the additional delay.

(2)

Any resubmittal of the application after the sixty-day deadline will be treated as a new application for purposes of review, scheduling, public notice, and payment of application fees.

Ordinance Nos. 6093 (1999); 7117 (2001); 7210 (2002); 8121 (2016); 8697 (2025)

No development review application will be accepted unless and until it is determined to be complete. Such determination will be made within five days after the submission of the application. The city manager will review the application and provide the applicant with a list of any deficiencies.

(a)

City Manager Review and Recommendation:

(1)

The city manager shall, after acceptance of the application, review the application for compliance with the review criteria. The city manager shall provide the applicant with a written evaluation of the application and whether it meets or does not meet applicable criteria, and what modifications the applicant may wish to consider in order to meet applicable criteria and obtain the city manager's support.

(2)

The applicant shall be afforded a maximum of sixty days to make any corrections or changes recommended by the city manager. If corrections or changes are not submitted in the prescribed time period, the application shall be considered withdrawn.

(3)

The city manager shall approve the application in whole or in part, with or without modifications and conditions, deny the application or may refer the application to the planning board for review or decision, as provided in 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.

(4)

The city manager will mail a written disposition of approval or denial with the reasons for denial to the applicant, appeal body and to any person that requested notification of the final decision. A decision not referred to, appealed to or called-up by the planning board is final fourteen days after the date of approval indicated on the disposition.

(5)

The city manager shall review and process an application of a public utility or a power authority providing electric or natural gas service that relates to the location, construction, or improvement of major electrical or natural gas facilities, as defined in state law, consistent with deadlines and requirements for such review set forth in C.R.S. 29-20-108, as applicable at the time of application. Any board or council reviews will also be scheduled to meet the requirements of said law.

(b)

Planning Board Review and Recommendation: Development review applications requiring a decision by the planning board shall be reviewed as follows:

(1)

Referral: The city manager shall refer to the planning board any application for a development review which requires a board decision as 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, and any other application which the manager deems appropriate.

(2)

Decision: Within thirty days of the public hearing provided for in Section 9-2-8, "Public Hearing Requirement," B.R.C. 1981, or within such other time as the agency and the applicant mutually agree, the board will either grant the application in whole or in part, with or without modifications and conditions, or deny it. The board will review the application in accordance with the standards and guidelines established in 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. The decision will specifically set forth in what respects the application meets or fails to meet the standards and criteria set forth in 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. A planning board decision not called up by the city council is final thirty days after the date of the decision.

(3)

Appeal and Call-Ups:

(A)

The applicant or any two interested persons may appeal the city manager's decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.

(B)

Two members of the planning board may call-up an application for review pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981, except that minor use review processes are not subject to call-up by planning board.

(c)

City Council Call-Up: The city council may call-up any planning board decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.

(d)

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.

(e)

Judicial Review: Any person aggrieved by the final decision of the city manager may seek judicial review pursuant to Subsection 9-4-4(g), B.R.C. 1981.

Ordinance Nos. 8121 (2016); 8515 (2023); 8622 (2024)

Within sixty days after a referral, or an appeal or call-up pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981, the approving agency, after publishing notice pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981, will hold a public hearing on the application.

Ordinance No. 8622 (2024)

(a)

Development Agreement: After the approving agency has finally approved an application for use review, site review, or form-based code review, the owner and the city manager will execute a development agreement that incorporates all conditions of the approval, including, without limitation, time limits for completion of the development, and, if applicable, requirements for appropriate easements or deed restrictions if unique conditions of approval apply. The development agreement shall be binding on all parties thereto, shall run with the land and will be recorded upon execution by the city clerk in the office of the County Clerk and Recorder of Boulder County. Any violation of a development agreement is a violation of this title.

(1)

Exceptions: The city manager may waive the requirement for a development agreement for:

(A)

A minor amendment to a site review;

(B)

A minor use review process; and

(C)

If there are no public improvements associated with a form-based code review application, a form-based code review.

(b)

Final Approved Plans: The applicant shall file a paper or electronic copy containing the approved site plan, any applicable restrictions or modifications to the underlying zoning district, and any conditions approved by the approving agency. The paper or electronic copy shall be filed with the city manager, who will endorse and date the approved site plan. The location of the approved development will be included on an official map showing development in the City. The paper or electronic copy will remain on file in the planning department.

(c)

Expiration: Unless expressly waived by the city manager for good cause, pursuant to a written request made prior to expiration of the approval, if the applicant fails to file the final approved plans according to the specifications in Subsection (b) above or sign the development agreement within ninety days of final approval, the approval expires.

Ordinance Nos. 7699 (2009); 8121 (2016); 8622 (2024)

An approved use review may be amended pursuant to Subsection 9-2-15(j), B.R.C. 1981. An approved site review may be amended pursuant to Subsection 9-2-14(l) or (m), B.R.C. 1981. The city manager may approve, without notice, minor modifications to a site review under the procedures prescribed by Subsection 9-2-14(k), B.R.C. 1981.

Ordinance No. 8622 (2024)

(a)

Issuance of the Certificate of Occupancy or Certificate of Completion: Prior to issuance of a certificate of occupancy pursuant to a building permit or a certificate of completion for a use undertaken pursuant to a development agreement, the city manager will determine whether the provisions of the development agreement have been met. If the manager so finds, the manager will sign the certificate of occupancy or the certificate of completion. If not, the manager will provide to the developer or its successors an opportunity for a hearing before the planning board under Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, which will determine whether the development complies with the agreement and may:

(1)

Revoke the site review, use review, or form-based code review approval;

(2)

Impose additional conditions or modifications to carry out the purposes of the original approval; or

(3)

Seek enforcement remedies as provided in Chapter 9-15, "Enforcement," B.R.C. 1981.

(b)

Request for Planning Board Hearing for Failure to Comply With the Development Agreement: At any time after the execution of a development agreement, any person aggrieved by an alleged failure of the developer or its successors to comply with the development agreement may request a hearing, conducted pursuant to the provisions of Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, before the planning board. The planning board will determine whether the conditions of the agreement have been met and may:

(1)

Revoke the site plan, use review, or form-based code review approval;

(2)

Impose additional conditions or modifications to carry out the purposes of the original approval; and

(3)

Seek enforcement remedies as provided in Chapter 9-15, "Enforcement," B.R.C. 1981.

Ordinance Nos. 7079 (2000); 8121 (2016)

(a)

Three-Year Rule: The applicant must obtain applicable building permit approvals and start construction within three years of the date of the final approval of the site review, use review, or form-based code review. For a use review without construction requiring a building permit, the use must be established within three years of the date of final approval.

(1)

Phasing: For reviews with phased development established in the development agreement, for each development phase, the applicable building permits must be obtained and construction must be started within three years of the start of the phase, or as modified by the development agreement.

(2)

Expiration: Failure to comply with the three-year rule shall cause the development approval to expire. For phased development, if an approval for one phase expires, then all successive phases not completed or under construction shall expire. After an approval has expired, any new application for development is subject to all the procedures and standards of this title in effect at the time of such application.

(3)

Vested Rights: Nothing in this section is deemed to create a vested property right in any applicant; such vested property right may only be created pursuant to the provisions of Section 9-2-20, "Creation of Vested Rights," B.R.C. 1981.

(b)

Extension: If the applicant requests an extension prior to the expiration of a site review, use review, or form-based code review approval, the city manager may grant an extension of the approval pursuant to the following:

(1)

The city manager will grant up to two one-year extensions to obtain applicable building permit approvals and start construction or establish the use if the applicant demonstrates that it exercised reasonable diligence and has good cause as to why the extension should be granted. The extension must be requested in writing prior to the expiration of the approval. The first extension extends the approval by one year from the date of final approval. The second extension extends the approval by an additional year and can be requested only after the first extension has been granted and additional progress has been made.

(A)

Criteria for Demonstrating Reasonable Diligence: An applicant may show that it has exercised reasonable diligence by providing evidence that it has done substantial work towards obtaining building permit approval or starting construction. Such evidence may include, without limitation, drafting plans for building permit or technical document review, applications for building permits or other permits that are required prior to the issuance of building permits, or site preparation and grading.

(B)

Criteria for Demonstrating Good Cause: An applicant may show good cause as to why an extension should be granted by providing evidence that includes, without limitation, the following: a demonstration of the applicant's ability to obtain building permit approval and start construction within the extension; the extension is needed because of the size of the project or phasing of the development; or that economic cycles and market conditions delayed the building permit approval process and start of construction during the original approval period.

(c)

Building Permits: Upon issuance of a building permit pursuant to a development review approval, the applicant must adhere to the schedule for construction and inspection as defined in the city building code, Chapter 10-5, "Building Code," B.R.C. 1981. In addition to the provisions of this title, all provisions of the building code regarding expiration and termination of building permits shall apply.

(d)

Annexations/Six-Month Rule: If an owner of property not located within the city, for which a development review application is approved, fails to annex the property to the city within six months of the date of approval, the approval shall expire unless the approving agency extends the time period, upon a finding of good cause predicated upon a written request of the applicant delivered to the city manager before the expiration of the six-month period.

(e)

Rescission of Development Approval: If, after use review, special review, site review, Planned Development (PD), Planned Residential Development (PRD), or Planned Unit Development (PUD) approval is granted pursuant to this chapter, the owner of property desires to develop, instead, under the provisions of Chapters 9-6, "Use Standards," 9-7, "Form and Bulk Standards," and 9-8, "Intensity Standards," B.R.C. 1981, the owner may request rescission of such use review, site review, PD, PRD or PUD approval by filing a written request for rescission with the city manager. The manager will grant a rescission if:

(1)

No building permit has been issued for the development and neither the city nor the developer has taken any actions in detrimental reliance on the terms of the development agreement;

(2)

For a site review, PD, PRD, or PUD approval, the existing or proposed development complies with all the use, form, and intensity requirements of Chapters 9-6, "Use Standards," 9-7, "Form and Bulk Standards," and 9-8, "Intensity Standards," B.R.C. 1981, and there is no substantial public benefit in maintaining the original approval; or

(3)

For a use review or special review approval, the rescission will return the property to a use that is allowed by right or as a conditional use and the owner is able to meet all applicable standards for such use under this title.

Ordinance Nos. 7577 (2007); 8121 (2016); 8337 (2019); 8523 (2022); 8622 (2024)

(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 9-2-14(b)(1), B.R.C. 1981, shall complete the concept review process prior to submitting an application for site review.

(c)

Application Requirements: A concept plan should be a preliminary plan for the development of a site of sufficient accuracy to be used for discussing the plan's conformance with adopted ordinances, plans, and policies of the city. The concept plan provides the public, the city manager, and the planning board opportunity to offer input in the formative stages of the development. An application for a concept plan review and comment may be filed by a person having a demonstrable property interest in land to be included in a site review on a form provided by the manager and shall include the following:

(1)

The written consent of the owners of all property to be included in the development;

(2)

A context map, drawn to scale, showing the site and an area of not less than a 300-foot radius around the site, including streets, zoning, general location of buildings, and parking areas of abutting properties;

(3)

A scaled and dimensioned schematic drawing of the site development concept and an area of not less than 200 feet around the site, showing:

(A)

Access points and circulation patterns for all modes of transportation;

(B)

Approximate locations of trails, pedestrian and bikeway connections, on-site transit amenities, and parking areas;

(C)

Approximate location of major site elements, including buildings, open areas, natural features such as watercourses, wetlands, mature trees, and steep slopes; and

(D)

Proposed land uses and approximate location;

(4)

Architectural character sketches showing building elevations and materials; and

(5)

A written statement that describes, in general, how the proposed development meets this title, city plans and policies, and addresses the following:

(A)

Techniques and strategies for environmental impact avoidance, minimization, or mitigation;

(B)

Techniques and strategies for practical and economically feasible transportation demand management techniques, including without limitation, site design, land use, covenants, transit passes, parking restrictions, information or education materials, or programs that may reduce single-occupant vehicle trip generation to and from the site; and

(C)

Proposed land uses and, if it is a development that includes residential housing type, mix, sizes, and anticipated sale prices, the percentage of affordable units to be included; special design characteristics that may be needed to assure affordability.

(d)

Public Notice of Application: After receiving an application, the city manager shall provide public notification pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981.

(e)

Additional Information or Processes: Based on the concept plan submission, and to the extent that such requirements can be determined from the information provided by the applicant, the city manager will identify additional information or processes that may be needed prior to or concurrent with site review, such as:

(1)

Variances and exceptions to existing standards necessary to achieve the defined objectives for the site, and the process and approving agency for the required changes;

(2)

Processes, permits, and approvals that may be needed, including without limitation, wetland permits, floodplain permits, flood map revisions, special large water user or sanitary sewer pretreatment agreements, rezonings, or Boulder Valley Comprehensive Plan changes;

(3)

Need for any further environmental studies or impact studies; and

(4)

Public infrastructure improvements needed to serve the development, including without limitation, transportation improvements such as streets, alleys, transit stops, and shelters, other alternative mode facilities and connections, and acceleration and deceleration lanes, water, wastewater, and flood control.

(f)

Review of and Comment on Concept Plans: Upon receipt of an application for a concept plan review, the city manager will review the submitted materials for general compliance with the requirements of this title, and prepare staff comments. The scope of staff comments will differ from application to application, at the discretion of the manager. Unless withdrawn, a concept plan shall be referred to the planning board pursuant to Paragraph (1) of this subsection and may be reviewed by the city council pursuant to Paragraph (2) of this subsection.

(1)

Planning Board Review and Comment: The manager will forward the application, any comments received from neighbors and other interested persons, and any staff comments to the planning board. The planning board shall review the concept plan at a public meeting held pursuant to the provisions of Subsection 2-3-1(b), B.R.C. 1981. Planning board members may provide individual comments on the concept plan.

(2)

City Council Call-Up: The city council may call up a concept plan application within thirty days of the board's review. The 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 the application in time to enable it to call up the application. Any application that it calls up, the city council will review at a public meeting within sixty days of the call-up vote or within such other time as the manager or council and the applicant mutually agree.

(g)

Guidelines for Review and Comment: The following guidelines will be used to guide the planning board's discussion regarding the site. It is anticipated that issues other than those listed in this section will be identified as part of the concept plan review and comment process. The planning board may consider the following guidelines when providing comments on a concept plan:

(1)

Characteristics of the site and surrounding areas, including without limitation, its location, surrounding neighborhoods, development and architecture, any known natural features of the site including without limitation, mature trees, watercourses, hills, depressions, steep slopes, and prominent views to and from the site;

(2)

Community policy considerations, including without limitation, the review process and likely conformity of the proposed development with the Boulder Valley Comprehensive Plan and other ordinances, goals, policies, and plans, including without limitation, sub-community and sub-area plans;

(3)

Applicable criteria, review procedures, and submission requirements for a site review;

(4)

Permits that may need to be obtained and processes that may need to be completed prior to, concurrent with, or subsequent to site review approval;

(5)

Opportunities and constraints in relation to the transportation system, including without limitation, access, linkage, signalization, signage and circulation, existing transportation system capacity problems serving the requirements of the transportation master plan, possible trail links, and the possible need for a traffic or transportation study;

(6)

Environmental opportunities and constraints, including without limitation, the identification of wetlands, important view corridors, floodplains, and other natural hazards, wildlife corridors, endangered and protected species and habitats, the need for further biological inventories of the site, and at what point in the process the information will be necessary;

(7)

Appropriate ranges of land uses; and

(8)

The appropriateness of or necessity for housing.

Ordinance Nos. 5669 (1994); 5777 (1998); 5994 (1998); 6093 (1999); 7992 (2014); 8668 (2024)

(a)

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

1.

Consistency with the Boulder Valley Comprehensive Plan (BVCP): Development projects are consistent with relevant goals and policies of the BVCP, while recognizing that no project must satisfy one particular goal or policy or all of them.

2.

Consistency with Adopted Plans: Development projects are consistent with adopted subcommunity and area plans and design guidelines of the city.

3.

Sustainability: Projects are designed to be sustainable and address greenhouse gas emissions and to prevent or mitigate impacts to the natural environment.

4.

Housing Diversity: Residential projects assist the community in producing a variety of housing types and unit sizes.

5.

Enhanced Site Design: Projects preserve and enhance the community's unique sense of place through creative design that respects historic character and the project's relationship to the natural environment, public realm, and surrounding area. The project provides multi-modal transportation connectivity and promotes use of modes other than the single-occupant vehicles. Site open space enhances the pedestrian experience, is functional, and incorporates high-quality sustainable landscaping. Open space meets the needs of the users of the project.

6.

Enduring Human Scale Building Design: Buildings exemplify high-quality, enduring architecture with facades that are simple and human scaled. Buildings provide pedestrian interest and are consistent with the character established in adopted subcommunity or area plans or design guidelines or, if none apply, are compatible with the character of the surrounding area or improve upon that character.

7.

Community Benefit and Enhanced Building and Site Design for Taller, Larger Buildings: Buildings that are built above the by-right zoning district height limits or floor area ratio maximums as may be approved under the standards of this section provide community benefits identified in the BVCP beyond the underlying zoning. These buildings are compatible in form and massing with the surrounding area and preserve and take advantage of prominent views from the site and adjacent public spaces and provide high quality open space that provides relief to the additional height and intensity of the project and the surrounding area.

(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:

(A)

Minimum Thresholds for Voluntary Site Review: No person may apply for a site review application unless the project exceeds the thresholds for the "minimum size for site review" category set forth in Table 2-2 of this section or a height modification pursuant to Subparagraph (E) below on any lot is requested.

(B)

Minimum Thresholds for Required Site Review: No person may apply for a subdivision or a building permit for a project that exceeds the thresholds for the "concept plan and site review required" category set forth in table 2-2 of this section until a site review has been completed.

(C)

Common Ownership: All contiguous lots or parcels under common ownership or control, not subject to a planned development, planned residential development, planned unit development, or site review approval, shall be considered as one property for the purposes of determining whether the maximum site review thresholds below apply. If such lots or parcels cross zoning district boundaries, the lesser threshold of the zoning districts shall apply to all of the lots or parcels.

(D)

Previously Approved Developments: Previously approved valid planned unit developments that do not otherwise meet the minimum site review thresholds may be modified or amended consistent with the provisions of this title pursuant to Subsections (k) and (l) of this section.

(E)

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

(i)

The height modification is to allow a roof that has a pitch of 2:12 or greater in a building with three or fewer stories and the proposed height does not exceed the maximum height permitted in the zoning district by more than ten feet.

(ii)

The building is in the industrial general, industrial service, or industrial manufacturing zoning district and has two or fewer stories and the building's height is necessary for a manufacturing, testing, or other industrial process or equipment.

(iii)

The height modification is to allow up to the greater of two stories or the maximum number of stories permitted in Section 9-7-1, B.R.C. 1981, in a building and the height modification is necessary because of the topography of the site.

(iv)

The height modification is to allow up to the greater of two stories or the maximum number of stories permitted but no more than five feet above the maximum building height under Section 9-7-5(a) or 9-7-6, B.R.C. 1981, in a building where the height modification is necessary because the building has to be elevated to meet the required flood protection elevation.

(v)

At least forty percent of the dwelling units in the building meet the requirements for permanently affordable units in Chapter 9-13, "Inclusionary Housing," B.R.C. 1981; at least forty percent of the floor area of the building is used for dwelling units that meet the requirements for permanently affordable units in Chapter 9-13, B.R.C. 1981; all floor area above the first floor of the building is used for dwelling units; and the permanently affordable units in the building are not used to satisfy inclusionary housing requirements under Chapter 9-13, B.R.C. 1981, for dwelling units located in any other building.

(vi)

The height modification is to allow an emergency operations antenna or a pole.

(vii)

The height modification is to allow an expansion of an existing building that exceeds the permitted height requirements of Section 9-7-5 or 9-7-6, B.R.C. 1981, if the existing height was approved as part of a planned unit development, site review, or height review and the expansion is not within a fourth or fifth story.

(viii)

The building or use meets the requirements of Subparagraph 9-2-14(h)(6)(C), B.R.C. 1981, for a height bonus, and is not in the RR, RE, RL, RMX-1, MH, or A zoning district.

(ix)

The building is in the public zoning district and is exclusively used for hospital or medical office uses or is a parking structure serving those uses.

TABLE 2-2: SITE REVIEW THRESHOLD TABLE

(2)

Poles or Emergency Operations Antennas Above the Permitted Height: The city manager will follow the following procedures for the review, recommendation, and call-up for the approval of poles or emergency operations antennas, as applicable by height.

(A)

Light Poles at Government-Owned Facilities or Emergency Operations Antennas: The city manager will determine whether or not to approve an application for light poles at government-owned recreation facilities or emergency operations antennas between thirty-five and fifty-five feet in height, subject to call-up by the planning board pursuant to the procedures set forth in Subsection 9-2-7(b), B.R.C. 1981.

(B)

All Poles or Antennas Over Fifty-Five Feet in Height: The city manager will determine whether or not to approve all applications for poles or antennas over fifty-five feet in height, subject to call-up by the city council pursuant to the procedures set forth in Subsection 9-2-7(c), B.R.C. 1981.

(3)

Exceptions: The following developments that exceed the minimum site review thresholds set forth in this section shall not be required to complete a site review:

(A)

Minor modifications and amendments under this section to approved development review applications;

(B)

Building permits for additions to existing structures that do not exceed a cumulative total, over the life of the building, of twenty-five percent of the size of the building on which the addition is proposed and that do not alter the basic intent of an approved development;

(C)

Subdivisions solely for the purpose of amalgamating lots or parcels of land;

(D)

Subdivisions solely for the purpose of conveying property to the City;

(E)

City of Boulder public projects that are otherwise required to complete a public review process;

(F)

Projects located in areas defined by Appendix L, "Form-Based Code Areas," that are required to complete form-based code review pursuant to Section 9-2-16, "Form-Based Code Review," B.R.C 1981; and

(G)

Residential projects where all units will meet the requirements for permanently affordable units in Chapter 9-13, "Inclusionary Housing," B.R.C. 1981, provided the applicant for such a project applies for and receives approval of an affordable housing design review pursuant to Section 9-13-4, "Affordable Housing Design Review," B.R.C. 1981.

(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:

(1)

9-7-1, "Schedule of Form and Bulk Standards" and standards referred to in that section except that the standards referred to as "FAR Requirements" may not be modified under this paragraph and are subject to Section 9-8-2, B.R.C. 1981, and the maximum height or conditional height for buildings or uses may be modified only as permitted in Paragraph 9-2-14(b)(1)(E), B.R.C. 1981.

(2)

9-8-1, "Schedule of Intensity Standards," Table 8-1, Minimum Lot Area (in square feet unless otherwise noted), minimum lot area per dwelling unit, minimum open space per dwelling unit, minimum open space on lots, and the floor area ratio standards to permit the averaging of these lot area, open space, floor area, and density standards, as applicable, across multiple lots that are subject to the site review and within the same zoning district. Averaged across these lots, the standards modified under this paragraph must be met and not result in an intensity or density greater than permitted by the zoning district.

(3)

9-8-4, "Housing Types and Density Bonuses Within an RMX-2 Zoning District."

(4)

9-9-2(b), "Maximum Permitted Buildings on a Lot."

(5)

9-9-2(e), "Entire Use Located on One Lot."

(6)

9-9-3(a), "Window Requirements for Buildings."

(7)

9-9-4, "Public Improvements" and Subsection 9-12-12(a), "Standards for Lots and Public Improvements," "Conditions Required," only to the extent that certain development criteria for alternative street standards are noted in the City of Boulder Design and Construction Standards.

(8)

9-9-5, "Site Access Control."

(9)

9-9-6, "Parking Standards."

(10)

9-9-7, "Sight Triangles."

(11)

9-9-9, "Off-Street Loading Standards."

(12)

9-7-13, "Mobile Home Park Form and Bulk Standards."

(13)

9-9-12, "Landscaping and Screening Standards."

(14)

9-9-11(c), "Open Space Standards for Buildings Over Twenty-Five Feet in Height."

(15)

9-9-11, "Useable Open Space," to the extent permitted in Paragraphs 9-9-11(f)(2), (f)(4), (f)(6) and (i)(7), B.R.C. 1981.

(16)

9-9-13, "Streetscape Design Standards."

(17)

Land use intensity modifications pursuant to Paragraph 9-2-14(h)(6).

(18)

9-9-14, "Parking Lot Landscaping Standards."

(19)

9-9-15, "Fences and Walls."

(20)

9-9-17, "Solar Access," provided the modification meets the exception criteria in Paragraph 9-9-17(f)(6).

(21)

Standards for wall signs on parapet walls to the extent permitted by Paragraph 9-9-21(d)(14)(D), B.R.C. 1981.

(22)

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)(4)(B), "No Reduction in Affordable Units," pursuant to the standards of that paragraph.

(23)

10-12-7, "Accessory Structures."

(24)

10-12-13, "Mobile Home Park Environmental Standards."

(25)

10-12-14, "Nonresidential Uses in Mobile Home Parks."

(26)

10-12-18, "Windbreaks."

(27)

10-12-19, "Mobile Home Park Streets and Walkways."

(28)

10-12-23, "Permanent Buildings."

(d)

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

(1)

All materials and information required by Subsection 9-2-6(a), B.R.C. 1981.

(2)

A site plan with a north arrow showing the major details of the proposed development, prepared on a scale of not less than one inch equals one hundred feet providing sufficient detail to evaluate the features of the development required by this section. The site plan shall contain, insofar as applicable, the information set forth in this subsection.

(3)

The existing topographic character of the land, showing contours at two-foot intervals.

(4)

The site and location of proposed uses with dimensions indicating the distance from lot lines.

(5)

The location and size of all existing and proposed buildings, structures and improvements, and the general location of adjacent streets, structures and properties.

(6)

The maximum height of all buildings and building elevations showing exterior colors and materials.

(7)

The density and type of uses.

(8)

The internal traffic and circulation systems, off-street parking areas, service areas, loading areas and major points of access to public rights-of-way.

(9)

The location, height and size of proposed signs, lighting and advertising devices.

(10)

The areas that are to be conveyed, dedicated or reserved as parks, recreation areas, playgrounds, outlots or open space and as sites for schools and other public buildings.

(11)

The areas that are to be conveyed, dedicated or reserved for streets, alley and utility easements.

(12)

The areas subject to the one hundred-year flood as defined in Chapter 9-16, "Definitions," B.R.C. 1981, and any area of the site that is within a designated space conveyance zone or high hazard zone.

(13)

A general landscaping plan at the time of initial submission to be followed by a detailed landscaping plan prior to or as a condition of approval, showing the spacing, sizes, specific types of landscaping materials, quantities of all plants and whether the plant is coniferous or deciduous. All trees with a diameter of six inches and over measured fifty-four inches above the ground on the property or in the landscape setback of any property adjacent to the development shall be shown on the landscaping plan.

(14)

A shadow analysis depicting shadows on December 21, as described in the solar analysis instructions provided by the city manager, and depicting shadows calculated pursuant to Subsection 9-9-17(d), B.R.C. 1981, for those buildings that affect adjacent properties.

(15)

A written statement containing the following information:

(A)

A statement of the current ownership and a legal description of all of the land included in the project;

(B)

An explanation of the objectives to be achieved by the project, including, without limitation, building descriptions, sketches or elevations that may be required to describe the objectives;

(C)

A development schedule indicating the approximate date when construction of the project or phases of the project can be expected to begin and be completed; and

(D)

Copies of any special agreements, conveyances, restrictions or covenants that will govern the use, maintenance and continued protection of the goals of the project and any related parks, recreation areas, playgrounds, outlots or open space.

(16)

Materials required by the City of Boulder Design and Construction Standards, including, without limitation, a traffic study, master utility plan, utility report and storm water report and plan for any application that proposes to construct or have an impact on public improvements.

(17)

Plans for preservation of natural features existing on the site or plans for mitigation of adverse impacts to natural features existing on the site from the proposed development and anticipated uses. Natural features include, without limitation, healthy long-lived trees, significant plant communities, ground and surface water, wetlands, riparian areas, drainage areas and habitat for species on the federal Endangered Species List, "Species of Special Concern in Boulder County" designated by Boulder County, or, if prairie dogs (Cynomys ludiovicianus) are present on the site, a statement of intent that specifies how the applicant will address the prairie dogs consistent with the applicable standards of Chapter 6-1, "Animals," B.R.C. 1981.

(18)

A tree inventory that includes the location, size, species and general health of all trees with a diameter of six inches and over measured fifty-four inches above the ground on the property or in the landscape setback of any property adjacent to the development. The inventory shall indicate which trees will be adversely affected and what if any steps will be taken to mitigate the impact on the trees. The tree inventory shall be prepared by a certified arborist that has a valid contractor license pursuant to Chapter 4-28, "Tree Contractor License," B.R.C.

(19)

A three-dimensional, digital model illustrating the project site and surrounding context for view and scale analysis, unless exempted by the city manager due to small project size.

(20)

For projects with any new building or addition exceeding 30,000 square feet of floor area, preliminary energy modeling or any other documentation necessary to demonstrate compliance with the greenhouse gas emissions reduction standards of Subparagraph 9-2-14(h)(1)(C), B.R.C. 1981.

(21)

A transportation demand management (TDM) plan.

(e)

Additional Application Requirements for Height Modification: The following additional application requirements apply if the development proposal includes a request for the modification of the permitted height:

(1)

Preliminary building plans including sketches and elevations illustrating the proposed building or pole and indicating how the height was calculated;

(2)

A model, at a scale of no less than one inch equals thirty feet, of the proposed building and all buildings and property within one hundred feet of the proposed project or a digital model that clearly depicts a similar context;

(3)

An illustration of the proposed building shown from street level demonstrating the pedestrian view, including, without limitation, a perspective, computer model or photographic montage;

(4)

A shadow analysis, as described in the solar analysis instructions provided by the city manager, that shows the shadow cast by a thirty-five-foot building located at the required setback and the shadow cast by the proposed building;

(5)

A list of the height of each principal building located or known to be proposed or approved within one hundred feet of the proposed project;

(6)

A written statement and drawings which describe the way in which the proposal accommodates pedestrians, including, without limitation, uses proposed for the ground level, percent of transparent material at the ground level, and signage and graphics;

(7)

A detailed plan showing the useable open space and a written statement of how it serves the public interest; and

(8)

Plans and a written statement demonstrating that the development meets the requirements for a height bonus specified in Subparagraph 9-2-14(h)(6)(C), B.R.C. 1981.

(f)

Public Notification: After receiving an application the city manager shall provide public notification pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981, shall be provided.

(g)

Review and Recommendation: The city manager will review and decide an application for a site review in accordance with the provisions of Section 9-2-6, "Development Review Application," B.R.C. 1981, except for an application involving the following, which the city manager will refer with a recommendation to the planning board for its action:

(1)

A reduction of the open space or lot area requirements allowed by Subparagraph (h)(6) of this section.

(2)

An application for any principal or accessory building above the permitted height for principal buildings set forth in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981.

(h)

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

(1)

Boulder Valley Comprehensive Plan (BVCP) criteria:

(A)

BVCP Land Use Map and Policies: The proposed project is consistent with the BVCP land use map and, on balance, with the goals and policies of the BVCP particularly those that address the built environment. In applying this, the approving authority shall consistently interpret and apply this criterion and consider whether a particular goal or policy is intended to be applied to individual development projects or is to guide city policy decisions, such as regulatory actions. The BVCP does not prioritize goals and policies, and no project must satisfy one particular goal or policy or all of them.

(B)

Subcommunity and Area Plans or Design Guidelines: If the project is subject to an adopted subcommunity or area plan or adopted design guidelines, the project is generally consistent with the applicable plan and guidelines.

(C)

Reducing Greenhouse Gas Emissions: Any new commercial building greater than 30,000 square feet in floor area and any 30,000 square feet or greater addition to a commercial building shall either have a net site energy usage index (EUI) of zero or is designed to achieve a net site EUI that is 10 percent lower than required under the City of Boulder Energy Conservation Code. It shall be a condition of approval that the applicant demonstrate compliance with this criterion at time of building permit. For the purpose of this requirement, "commercial building" shall have the meaning defined in the City of Boulder Energy Conservation Code.

(D)

Urban Edge Design: If the project is located within the urbanizing areas along the boundaries between Area I and Area II or III of the BVCP, the building and site design provide for a well-defined urban edge, and, if, in addition, the project is located on a major street shown in Appendix A of this title, the buildings and site design establish a sense of entry and arrival to the city by creating a defined urban edge through site and building design elements visible upon entry to the city.

(E)

Historic or Cultural Resources: If present, the project protects significant historic and cultural resources. The approving authority may require application and good faith pursuit of local landmark designation.

(F)

Housing Diversity and Bedroom Unit Types: Except in the RR, RE and RL-1 zoning districts, projects that are more than 50 percent residential by measure of floor area, not counting enclosed parking areas, meet the following housing and bedroom unit type requirements in Subparagraph (i) through (vi). For the purposes of this subparagraph, qualifying housing type shall mean duplexes, attached dwelling units, townhouses, live-work units, or efficiency living units, and bedroom type shall mean studios or units with different numbers of bedrooms such as one-bedroom units and two-bedroom units.

(i)

Projects five acres or less shall include at least one qualifying housing type. In projects with efficiency living units, at least one additional qualifying housing type shall be provided consistent with the requirements of this paragraph;

(ii)

Projects greater than five acres shall include at least two qualifying housing types;

(iii)

Projects ten acres or more shall include at least three qualifying housing types;

(iv)

Projects greater than five acres shall include at least five dwelling units of each required qualifying housing type;

(v)

Projects with more than 20 attached dwelling units shall include at least two different bedroom types; and

(vi)

If a project does not meet the requirements of Subsections (i) through (v) above, the applicant shall demonstrate that the project fulfills another at least equivalent community need related to housing policies identified in the BVCP.

(G)

Environmental Preservation:

(i)

The project provides for the preservation of or mitigation of adverse impacts to natural features, including, without limitation, healthy long-lived trees, significant plant communities, ground and surface water, wetlands, riparian areas, drainage areas, and species on the federal Endangered Species List and "Species of Special Concern in Boulder County" designated by Boulder County and their habitat.

(ii)

Where excavation occurs, the location and design of buildings conforms to the natural contours of the land with tiered floor plates, and the site design avoids over-engineered tabling of land. Slopes greater than 50 percent should be avoided and, to the extent practicable, any such areas shall be stabilized with vegetation.

(2)

Site Design Criteria: The project creates safe, convenient, and efficient connections for all modes of travel, promotes safe pedestrian, bicycle, and other modes of alternative travel with the goal of lowering motor vehicle miles traveled. Usable open space is arranged to be accessible; designed to be functional, encourage use, and enhance the attractiveness of the project; and meets the needs of the anticipated residents, occupants, tenants, and visitors to the project. Landscaping aesthetically enhances the project, minimizes use of water, is sustainable, and improves the quality of the environment. Operational elements are screened to mitigate negative visual impacts. In determining whether this is met, the approving agency will consider the following factors:

(A)

Access, Transportation, and Mobility:

(i)

The project enables or provides vehicular and pedestrian connectivity between sites consistent with adopted connections plans relative to the transportation needs and impacts of the project, including but not limited to construction of new streets, bike lanes, on-street parking, sidewalks, multi-use paths, transit stops, streetscape planting strips, and dedication of public right-of-way or public access easements, as applicable considering the scope of the project. Where no adopted connections plan applies, the applicant shall, in good faith, and in coordination with the city manager, attempt to coordinate with adjacent property owners to establish, where practicable, reasonable and useful pedestrian connections or vehicular circulation connections, such as between parking lots on abutting properties, considering existing connections, infrastructure, and topography.

(ii)

Alternatives to the automobile are promoted by incorporating site design techniques, land use patterns, and infrastructure that support and encourage walking, biking, and other alternatives to the single-occupant vehicle.

(iii)

A transportation demand management (TDM) plan will be complied with including methods that result in a significant shift away from single-occupant vehicle use to alternate modes.

(iv)

Streets, bikeways, pedestrian ways, trails, open space, buildings, and parking areas are designed and located to optimize safety of all modes and provide connectivity and functional permeability through the site.

(v)

The design of vehicular circulation and parking areas make efficient use of the land and minimize the amount of pavement.

(vi)

Where practicable and needed in the area and subject to coordination with the city manager, the project provides curbside parking or loading or both consistent with city policies on curbside management.

(B)

Open Space:

(i)

Useable open space is arranged to be accessible and designed to encourage use by incorporating quality landscaping, a mixture of sun and shade, hardscape areas and green spaces for gathering.

(ii)

The open space will meet the needs of the anticipated residents, occupants, tenants, and visitors of the property. In mixed-use projects, the open space provides for a balance of private and common areas for the residential uses and includes common open space that is available for use by residents of the residential uses and their visitors and by tenants, occupants, customers, and visitors of the non-residential uses.

(iii)

If the project includes more than 50 dwelling units, including the addition of units that causes a project to exceed this threshold, and is more than one mile walking distance to a public park, at least 30 percent of the required outdoor open space is designed for active recreational purposes.

(iv)

On-site open space is linked to adjacent public spaces, multi-use paths, city parks, or public open space if consistent with Department of Open Space and Mountain Parks or Department of Parks and Recreation plans and planning for the area, as applicable.

(C)

Landscaping and Screening:

(i)

The project exceeds the minimum landscaping requirements of Section 9-9-12, "Landscaping and Screening Standards," B.R.C. 1981, by at least fifteen percent in terms of planting quantities, includes a commensurate area to accommodate the additional plantings, and, where practical, preserves healthy long-lived trees.

(ii)

The landscaping design includes a variety of plants providing a variety of colors and contrasts in terms of texture and seasonality and high-quality hard surface materials, such as stone, flagstone, porous pavers, and decorative concrete.

(iii)

The landscaping design conserves water through use of native and adaptive plants, reduction of exotic plant materials, and landscaping within stormwater detention facilities to create bioswales or rain gardens, or other similar design strategies.

(iv)

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

(3)

Building Siting and Design Criteria: Building siting and design are consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, are compatible with the character of the area or improves upon that character, consistent with the intent specified in this paragraph. Buildings are positioned and oriented towards the public realm to promote a safe and vibrant pedestrian experience including welcoming, well-defined entries and facades. Building exteriors are designed with a long-lasting appearance and high-quality materials. Building design is simple and to a human scale, it creates visual interest and a vibrant pedestrian experience. Building roof design contributes to a city skyline that has a variety of roof forms and heights. In determining whether this is met, the approving agency will consider the following factors:

(A)

Building Siting and Public Realm Interface:

(i)

New buildings and, to the extent practicable, additions to existing buildings are positioned towards the street, respecting the existing conditions or the context anticipated by adopted plans or guidelines. In urban contexts, buildings are positioned close to the property line and sidewalk along a street; whereas, in lower intensity contexts, a greater landscaped setback may be provided to match the surrounding context.

(ii)

Wherever practical considering the scope of the project, parking areas are located behind buildings or set back further from the streetscape than the building façade.

(iii)

Along the public realm, building entries are emphasized by windows and architectural features that include one or more of the following: increased level of detail, protruding or recessed elements, columns, pilasters, protruding bays, reveals, fins, ribs, balconies, cornices, eaves, increased window glazing, or changes in building materials or color.

(iv)

Defined entries connect the building to the public realm. Unless inconsistent with the context and building's use, along the public realm, one defined entry is provided every 50 feet. Buildings designed for residential or industrial uses may have fewer defined entries.

(v)

If the project is adjacent to a zoning district of lower intensity in terms of allowable use, density, massing, or scale, the project is designed with an appropriate transition to the adjacent properties considering adopted subcommunity and area plans or design guidelines applicable to the site, and, if none apply, the existing development pattern. Appropriate transitions may be created through design elements such as building siting and design or open space siting and design.

(vi)

The building's siting and relationship to the public realm is consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, is compatible with the character of the area or improves upon that character, consistent with the intent of Paragraph (3), Building Design Criteria.

(B)

Building Design:

(i)

Larger floor plate buildings and projects with multiple buildings have a variety of forms and heights.

(ii)

To the extent practical considering their function, mechanical appurtenances are located within or concealed by the building. If they cannot be located within or concealed by the building, their visibility from the public realm and adjacent properties is minimized.

(iii)

On each floor of the building, windows create visual interest, transparency, and a sense of connection to the public realm. In urban, pedestrian main street-built environments, it is a best practice to design at least 60 percent of each ground floor façade facing the street as window area. Otherwise, it is a best practice to design at least 20 percent of the wall on each floor of a building as window area. Blank walls along the most visible portions of the building are avoided.

(iv)

Simple detailing is incorporated into the façades to create visual interest, without making the façade overly complicated. This detailing may include cornices, belt courses, reveals, alternating brick or stone patterns, expression line offsets, window lintels and sills, and offsets in window glass from surrounding materials.

(v)

Balconies on buildings with attached dwelling units are integrated into the form of the building in that exterior walls partially enclose the balcony. Balcony platform undersides are finished.

(vi)

The building's design, including but not limited to use of materials, color, roof forms, and style, is consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, is compatible with the character of the area or improves upon that character, consistent with the intent of paragraph (3), Building Design Criteria.

(C)

Building Materials:

(i)

Building facades are composed of high-quality, durable, human-scaled materials. High-quality materials include brick, stone, polished concrete masonry units, wood, architectural high pressure laminate panels, cementitious or composite siding, architectural metal panels, or any combination of these materials. Split-faced concrete masonry units, stucco, vinyl siding, EIFS, and unfinished or untreated wood are not considered durable, high-quality materials, but may be used on a limited basis and not on facades facing the public realm. High quality materials are focused on the ground floor facades on all sides of a building and on all floors of facades facing the public realm, and, overall, comprise the vast majority of all building facades.

(ii)

Monolithic roofing membranes, like Thermoplastic Polyolefin, are not used on roof surfaces that are visible from the street level.

(iii)

The number of building material types is limited, and the building materials are applied to complement the building form and function. The organization of the building materials logically expresses primary building features, such as the spatial layout, building entries, private and common spaces, anchor corners, stairwells, and elevators.

(iv)

Building cladding materials turn convex corners and continue to the inset wall. This criterion does not apply to changes that occur at an interior corner nor to detailing elements, such as cornices, belt courses, reveals, offsets in expression lines, lintels, and windowsills. Building cladding materials do not change in-plane unless there is at least a 12-inch wall offset.

(v)

Any newly constructed building that includes residential units and is located within 200 feet of a railroad, freeway, or expressway is designed to achieve an interior day-night average noise level of no more than forty-five decibels. Noise shall be measured in a manner that is consistent with the federal Housing and Urban Development's standards in Sections 24 CFR §§ 51.100 to 51.106 for the "measure of external noise environments," or similar standard adopted by the city manager in the event that such rule is repealed. The applicant shall provide written certification prior to the issuance of a certificate of occupancy that the sound abatement and attenuation measures were incorporated in the construction and site design as recommended by a professional engineer.

(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:

(A)

Building Form and Massing: The building's form and massing are consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, are compatible with the character of the area or improves upon that character, consistent with the intent of paragraph (3), Building Design Criteria. The building's form, massing and length are designed to a human scale and to create visual permeability into and through sites. In determining whether this is met, the approving authority will consider the following factors:

(i)

The building does not exceed 200 feet in length along any public right-of-way.

(ii)

All building facades exceeding 120 feet in length along a public street, excluding alleys, are designed to appear as at least two distinct buildings. To achieve this, façade segments vary in at least two of the following design elements:

a.

Type of dominant material or color, scale, or orientation of that material;

b.

Facade recessions and projections;

c.

Location of entrance and window placements;

d.

Roof forms; and

e.

Building height.

(B)

Building and Site Design Requirements for Height Modifications:

(i)

Buildings requiring a height modification shall meet the following requirements:

a.

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

b.

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

1.

Guidelines or Plan: The building's height is consistent with the building heights anticipated in adopted design guidelines or subcommunity or area plans for the area; or

2.

No Guidelines or Plan: If no such guidelines or plans are adopted for the area or if they do not specify anticipated heights for buildings, the building height is compatible with the height of buildings in the surrounding area or the building is located (1) near a multi-modal corridor with transit service or (2) near an area of redevelopment where a higher intensity of use and similar building height is anticipated; and

3.

Additional Requirements for a Height Bonus - Views: The project preserves and takes advantage of prominent mountain views from public spaces and from common areas within the project. In determining whether this is met, the approving authority will consider the following factors:

i.

If there are prominent mountain views from the site, usable open spaces on the site or elevated common areas on the building are located and designed to allow users of the site access to such views;

ii.

If the proposed building is located adjacent to a city-managed public park, plaza, or open space, buildings are sited or designed in a manner that avoids or minimizes blocking of prominent public views of the mountains from these spaces;

4.

Additional Requirements for a Height Bonus - Open Space: If the project site is greater than one acre in size, an inviting outdoor garden or landscaped courtyard is provided, designed as a gathering space for the building users. In determining whether this requirement is met, the approving authority will consider the following factors as successful design elements for such a space, as practicable considering site conditions and location:

i.

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

ii.

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

iii.

The space has southern exposure and sunlight;

iv.

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

v.

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

vi.

The space is visible from an adjoining public sidewalk and is not elevated above the building's first story; and

vii.

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

(5)

Additional Criteria for Poles or Emergency Operations Antennas Above the Permitted Height: No site review application for a pole or for an emergency operations antenna above the permitted height will be approved unless the approving agency finds the following:

(A)

Poles: Poles meet all the following:

(i)

The pole is a light pole that is required for nighttime recreation activities which are compatible with the surrounding neighborhood, a light or traffic signal pole that is required for safety, or an electrical utility pole that is required to serve the needs of the city;

(ii)

The pole is sited in a manner that minimizes visual impacts and preserves public view corridors; and

(iii)

The pole is at the minimum height appropriate to accomplish the purposes for which the pole is erected and is designed and constructed to minimize light and electromagnetic pollution.

(B)

Emergency Operation Antennas: Emergency operations antennas meet the following:

(i)

The emergency operations antenna will serve a critical health and safety need for the city, surrounding communities, or both and is sited and designed in a manner that respects its context to the highest degree possible and minimizes visual impacts. The antenna is at the minimum height necessary to accomplish its purpose.

(6)

Land Use Intensity and Height Modifications: Modifications to minimum open space on lots, floor area ratio (FAR), maximum height, and number of dwelling units per acre requirements will be approved pursuant to the standards of this subparagraph:

(A)

Land Use Intensity Modifications with Open Space Reduction:

(i)

In the DT, BMS, BR-2, and MU-3 Zoning Districts: The open space requirements in Chapter 9-8, "Intensity Standards," B.R.C. 1981, may be reduced in all DT districts and the BR-2, BMS, and MU-3 districts subject to the following standards:

a.

In the DT, BMS, or MU-3 zoning districts, the reduction in open space is necessary to avoid siting of open space that is inconsistent with the urban context of neighborhood buildings or the character established in adopted design guidelines or plans for the area, such as along a property line next to zero-setback buildings or along alleys: maximum one hundred percent reduction.

b.

In the BR-2 zoning district, at least one of the following shall be met:

1.

The reduction in open space is part of a development with a mix of residential and nonresidential uses that, due to the ratio of residential to nonresidential uses and because of the size, type and mix of dwelling units, has a reduced need for open space: maximum fifteen percent reduction; and

2.

The reduction in open space is part of a development with a mix of residential and nonresidential uses with high quality urban design elements. This open space will meet the needs of anticipated residents, occupants, tenants, and visitors of the property or will accommodate public gatherings, and may include, without limitation, recreational or cultural amenities, intimate spaces that foster social interaction, street furniture, landscaping, gardens, sculptures, and hard surface treatments: maximum twenty-five percent reduction.

(B)

Land Use Intensity Modifications with Height Bonus: In the BMS, BR-1, IMS, IS, MU-1, and MU-2 zoning districts if associated with a request for a height bonus, the floor area of a building may be increased above the maximum allowed in Chapter 9-8, "Intensity Standards," B.R.C. 1981, as follows, provided the building meets the requirements for a height bonus under Subparagraph 9-2-14(h)(6)(C), B.R.C. 1981:

(i)

In the BMS zoning district outside a general improvement district providing off-street parking, and in the IMS, IS, MU-1, and MU-2 zoning districts, the base floor area ratio (FAR) in Table 8-2, Section 9-8-2, "Floor Area Ratio Requirements," B.R.C. 1981, may be increased by up to 0.5 FAR.

(ii)

In the BR-1 zoning district, the maximum allowable floor area ratio (FAR) may be increased up to a 3.0 FAR.

(C)

Additional Criteria for a Height Bonus and Land Use Intensity Modifications: A building proposed with a fourth or fifth story or addition thereto that exceeds the permitted height requirements of Section 9-7-5, "Building Height," or 9-7-6, "Building Height, Conditional," B.R.C. 1981, together with any additional floor area or residential density approved under Subparagraph (h)(6)(B), may be approved if it meets the requirements of this Subparagraph (h)(6)(C). For purposes of this Subparagraph(h)(6)(C), bonus floor area shall mean floor area that is on a fourth or fifth story and is partially or fully above the permitted height and any floor area that is the result of an increase in density or floor area described in Subparagraph (h)(6)(B). The approving authority may approve a height up to fifty-five feet if one of the following criteria is met:

(i)

Residential Developments: If the development is residential, it will exceed the requirements of Subparagraph 9-13-3(a)(1)(A), B.R.C. 1981, as follows:

a.

For bonus units, the inclusionary housing requirement under Chapter 9-13, "Inclusionary Housing," B.R.C. 1981, shall be increased by eleven percent. The resulting inclusionary requirement may be satisfied by any option allowed in Chapter 9-13 to meet inclusionary housing requirements. For example, if Chapter 9-13 requires twenty-five percent of units to be permanently affordable, for bonus units that requirement is increased by eleven percent so that at least thirty-six percent of the total number of bonus units must be permanently affordable units.

b.

For purposes of this Subparagraph (i), bonus units shall mean a number of units that is determined as follows: A percentage of all the units in the building that equals in number the percentage of bonus floor area in the building. For example, if twenty percent of the building's floor area is bonus floor area and the building has one hundred units, twenty percent of those one hundred units are bonus units, resulting in twenty bonus units.

c.

The city manager shall review the development's compliance with this increased inclusionary housing requirement pursuant to the standards and review procedures of Chapter 9-13, "Inclusionary Housing," B.R.C. 1981.

(ii)

Non-Residential Developments: For non-residential developments, the applicant shall pay the affordable housing portion of the capital facility impact fee in Section 4-20-62, B.R.C. 1981, at a rate of 1.43 above the base requirement for the bonus floor area. In a building with several types of non-residential uses, the bonus floor area of each type identified under Section 4-20-62, B.R.C. 1981, shall be a percentage of the bonus floor area that equals in number the percentage of the total floor area in the building of such use type. For nonresidential uses with a fee that is calculated per room or bed under Section 4-20-62, B.R.C. 1981, the increased rate for the affordable housing portion of the fee shall apply to bonus rooms or bonus beds as applicable under that section; the number of bonus rooms or bonus beds shall be determined consistent with the methodology for bonus units in Subparagraph (i)b. above.

(iii)

Mixed Use: If the development is a residential mixed-use development, the requirements of Subsections (i) and (ii) above shall apply to the bonus floor area according to the percentage of the total building floor area of each use.

(iv)

Alternative Community Benefit: Pursuant to the standard in this Subparagraph (iv), the approving authority may approve an alternative method of compliance to provide additional benefits to the community and qualify for a height bonus together with any additional floor area or density that may be approved under Subparagraph (h)(6)(B). The approving authority will approve the alternative method of compliance if the applicant proposes the alternative method of compliance and demonstrates that the proposed method:

a.

Will improve the facilities or services delivered by the city, including without limitation any police, fire, human services, parks and recreation, or other municipal facility, land or service, or will provide an arts, cultural, human services, housing, environmental or other benefit that is a community benefit objective in the BVCP, and

b.

Is of a value that is equivalent to or greater than the benefits required by this Subparagraph (h)(6)(C).

(i)

Planning Board Call-Up: The planning board may call-up any final site review decision by the city manager pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.

(j)

Subdivisions: An approved site plan may be subdivided under Chapter 9-12, "Subdivision," B.R.C. 1981. The approved site plan may substitute for a preliminary plat if it meets the requirements of Section 9-12-6, "Application Requirements for a Preliminary Plat," B.R.C. 1981. As part of subdivision review, the city manager will consider conditions of the site plan approval and assure that they will be met within the future subdivision.

(k)

Minor Modifications to Approved Site Plans: The city manager reviews applications for minor modifications pursuant to the procedures in Section 9-2-2, "Administrative Review Procedures," B.R.C. 1981.

(1)

Standards: Minor modifications may be approved if the proposed modification complies with the following standards:

(A)

Scope: The proposed modification is to the approved plans;

(B)

Intent: The modification does not alter the basic intent of the site plan approval;

(C)

Residential Uses: The housing type is not changed;

(D)

Height: No portion of any building is expanded above the height permitted under Sections 9-7-1, "Schedule or Form and Bulk Standards," or 9-7-6, "Building Height, Conditional," B.R.C. 1981;

(E)

Solar Panels: Any solar panels do not substantially add to the mass or perceived height of the building and comply with all applicable building height, solar access, building coverage, and open space requirements;

(F)

Other Requirements: The modification complies with all other applicable requirements of this title; and

(G)

Modified Standards: The numeric standards in the site plan are not modified by more than allowed through Table 2-3.

Table 2-3: Minor Modification Standards

(2)

Notification: If an applicant requests approval of a minor modification to an approved site review, the city manager will determine which properties within the development would be affected by the proposed change. The city manager will provide notice pursuant to Subsection 9-4-3(b), B.R.C. 1981, of the proposed change to all property owners so determined to be affected.

(l)

Minor Amendments to Approved Site Plans: The city manager reviews applications for minor amendments for changes that exceed the limits of a minor modification in Subsection (k) pursuant to the procedures in Section 9-2-7, "Development Review Action," B.R.C. 1981.

(1)

Standards: Minor amendments may be approved if the proposed amendment complies with the following standards:

(A)

Scope: The proposed amendment is to the approved plans, conditions of approval, or written statement;

(B)

Intent: The minor amendment does not alter the basic intent of the site plan approval;

(C)

Site Review Criteria: The minor amendment complies with the site review criteria of Subparagraphs (h)(2) and (h)(3) of this section;

(D)

Residential Uses: The housing type is not changed;

(E)

Height: No portion of any building is expanded above the height permitted under Sections 9-7-1, "Schedule or Form and Bulk Standards," or 9-7-6, "Building Height, Conditional," B.R.C. 1981;

(F)

Parking: Any additional parking that is provided is accommodated in the previously approved on-site parking design;

(G)

Other Requirements: The minor amendment complies with all other applicable requirements of this title; and

(H)

Modified Standards: The numeric standards in the site plan are not amended by more than allowed through Table 2-4.

Table 2-4: Minor Amendment Standards

(2)

Process: Applications for minor amendment shall be reviewed and approved according to the procedures prescribed by this section for site review approval, except:

(A)

If an applicant requests approval of a minor amendment to an approved site review, the city manager will determine which properties within the development would be affected by the proposed change. The city manager will provide notice pursuant to Subsection 9-4-3(b), B.R.C. 1981, of the proposed change to all property owners so determined to be affected, and to all property owners within a radius of 600 feet of the subject property.

(B)

Only the owners of the subject property shall be required to sign the application.

(C)

The city manager may amend, waive, or create a development agreement.

(m)

Amendments to Approved Site Plans:

(1)

No proposal to modify, structurally enlarge, or expand any approved site review, other than a minor modification or minor amendment, will be approved unless the site plan is amended and approved in accordance with the procedures prescribed by this section for approval of a site review, except for the notice and consent provisions of this subsection.

(2)

No proposal to modify, structurally enlarge, or expand that portion of a building over the permitted height will be approved unless the site plan is amended and approved in accordance with the procedures prescribed by this section for approval of a building above the permitted height.

(3)

If an applicant requests approval of an amendment to an approved site plan, the city manager shall provide public notice pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981.

(4)

The owners of all property for which an amendment is requested shall sign the application.

Ordinance Nos. 5656 (1994); 5776 (1996); 5777 (1996); 5930 (1997); 5986 (1998); 6082 (1999); 6093 (1999); 7018 (1999); 7182 (2002); 7242 (2002); 7287 (2003); 7334 (2004); 7349 (2004); 7364 (2004); 7484 (2006); 7522 (2007); 7577 (2007); 7597 (2008); 7624 (2008); 7655 (2009); 7684 (2009); 7699 (2009); 7713 (2011); 7833 (2012); 7878 (2012); 7887 (2013); 8028 (2015); 8030 (2015); 8121 (2016); 8172 (2017); 8175 (2017); 8235 (2018); 8252 (2018); 8323 (2019); 8359 (2019); 8409 (2020); 8453 (2021); 8515 (2023); 8599 (2024); 8601 (2024); 8617 (2024); 8620 (2024); 8622 (2024); 8666 (2025); 8696 (2025); 8697 (2025)

(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.

(b)

Application Requirements: An application for an approval of a use review use may be filed by any person having a demonstrable interest in land for which a use review use is requested and shall be made on a form provided by the city manager that includes, without limitation:

(1)

All materials and information required by Subsection 9-2-6(a), B.R.C. 1981;

(2)

A complete site plan showing the major details of the development, including, without limitation, location of buildings and structures, useable open space, off-street loading areas, service and refuse areas, means of ingress and egress, landscaping, screening and existing and proposed signs;

(3)

A written statement indicating how the application meets the criteria for approval of Subsection (e) of this section. Such written statement shall include information relating to the intensity of uses, amount of traffic generated, hours of operation and other information that is necessary to determine how the criteria of Subsection (e) of this section will be met; and

(4)

For industrial and commercial uses, the city manager may require the applicant to provide the following additional information and meet the following requirements:

(A)

A pollution prevention audit;

(B)

Long-term plans for reducing air emissions and use of hazardous materials;

(C)

Data on air emissions control processes and demonstration that appropriate emission control technology is being used;

(D)

A description of plans for chemical handling, storage, chemical waste disposal and spill prevention;

(E)

A description of water and energy conservation measures planned for the use;

(F)

Plans for recycling and minimizing waste;

(G)

The requirements specified in Section 9-6-7(b), B.R.C. 1981, related to oil and gas operations; and

(H)

A plan of control for any noise, smoke, vapor, dust, odor, glare, vibration, fumes, or other environmental contamination, and an estimate of the measurement of each at the property lines.

(c)

Public Notification: After receiving an application the city manager shall provide public notification pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981, shall be provided.

(d)

Review and Recommendation:

(1)

The city manager will review applications for use review of oil and gas operations and will submit a recommendation to the planning board for its final action pursuant to Subsection 9-2-7(b), B.R.C. 1981.

(2)

The city manager shall review and make decisions on all other use review applications pursuant to Subsection 9-2-7(a), B.R.C. 1981.

(3)

Reviews by either the city manager or planning board shall be pursuant to Section 9-2-7, "Development Review Action," B.R.C. 1981, except that minor use review processes are not subject to call-up by planning board.

(e)

Criteria for Review: No use review application will be approved unless the approving agency finds all of the following:

(1)

Rationale: The use either:

(A)

Provides direct service or convenience to or reduces adverse impacts to the surrounding uses or neighborhood;

(B)

Provides a compatible transition between higher intensity and lower intensity uses;

(C)

Is necessary to foster a specific city policy, as expressed in the Boulder Valley Comprehensive Plan, including, without limitation, historic preservation, moderate income housing, residential and nonresidential mixed uses in appropriate locations, and group living arrangements for special populations; or

(D)

Is an existing legal nonconforming use or an expansion that is permitted under Subsection (f) of this section;

(2)

Compatibility: The location, size, design, and operating characteristics of the use will be reasonably compatible with and have minimal negative impact on the use of nearby properties, or, for residential uses or community, cultural, and educational uses in industrial zoning districts, the proposed development reasonably mitigates the potential negative impacts from nearby properties;

(3)

Infrastructure: The use will not significantly adversely affect the infrastructure of the surrounding area, including, without limitation, water, wastewater and storm drainage utilities and streets, compared to an allowed use in the zoning district, or compared to the existing level of impact of a nonconforming use;

(4)

Character of Area: The use will not change the predominant character of the surrounding area or the character established by adopted design guidelines or plans for the area; and

(5)

Conversion of Dwelling Units to Nonresidential Uses: There shall be a presumption against approving the conversion of dwelling units in the residential zoning districts to nonresidential uses that are allowed pursuant to a use review, or through the substitution of one nonconforming use with another nonconforming use. The presumption against such a conversion may be overcome by a finding that the use to be approved serves another compelling social, human services, governmental or recreational need in the community, including, without limitation, a use for a daycare center, park, religious assembly, social service use, benevolent organization use, art studio or workshop, museum, or an educational use.

(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:

(1)

Reasonable Measures Required: The applicant has undertaken all reasonable measures to reduce or alleviate the effects of the nonconformity upon the surrounding area, including, without limitation, objectionable conditions, glare, adverse visual impacts, noise pollution, air emissions, vehicular traffic, storage of equipment, materials and refuse, and on-street parking, so that the expansion will not adversely affect the surrounding area.

(2)

Reduction in Nonconformity/Improvement of Appearance: The proposed expansion will either reduce the degree of nonconformity of the use or improve the physical appearance of the structure or the site without increasing the degree of nonconformity.

(3)

Compliance With This Title: The expansion complies with all other applicable requirements of this title.

(4)

Cannot Reasonably Be Made Conforming: The existing building or lot cannot reasonably be utilized or made to conform to the requirements of Chapter 9-6, "Use 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)(4), B.R.C. 1981, with respect to density and other pre-existing nonconformities of the use or nonstandard features of the building.

(5)

No Increase in Floor Area Over Ten Percent: The expansion will not result in a cumulative increase in floor area of more than ten percent of the existing floor area.

(6)

Approving Authority May Grant Zoning Variances: The approving authority may grant the variances permitted by Subsection 9-2-3(d), B.R.C. 1981, upon finding that the criteria set forth in Subsection 9-2-3(h), B.R.C. 1981, have been met.

(g)

Conditions of Approval: The approving agency may impose modifications or conditions on the use review approval to ensure compliance with the criteria set forth in Subsections (e) and (f) of this section. In the case of a nonconforming use, conditions may also be imposed to reduce nonconformity and to improve site design.

(h)

Oil and Gas Operations: The criteria for review in Subsection (e) shall not apply to an application for oil and gas operations. An oil and gas operations use shall meet the criteria set forth in Section 9-6-7(b), "Oil and Gas Operations," B.R.C. 1981. Any use review approval for an oil and gas operations use shall expire, whether operational or not, in ten years from the date of final approval. Prior to such expiration for an oil and gas operations use, applicants will be responsible for submitting a new use review application for an oil and gas operations use proposed for operation beyond ten years. Following approval of any oil and gas operations use, the applicant shall have two years to obtain the necessary permits to establish the use.

(i)

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

(1)

Process: The city manager shall review and make decisions on all minor use review process applications pursuant to Subsection 9-2-7(a), "City Manager Review and Recommendation," B.R.C. 1981. The applicant or any interested person may appeal the city manager's decision pursuant to Paragraph 9-2-15(l)(1), but the city manager's decision is not subject to call-up by the planning board pursuant to Paragraph 9-2-15(l)(2). The city manager may refer the application to the planning board for review or decision.

(2)

Development Agreement: The city manager may waive the requirements for a development agreement for a minor use review.

(j)

Amendments and Minor Modifications: No person shall modify an approved use review without a new use review approval, except that minor modifications may be approved pursuant to Section 9-2-2, "Administrative Review Procedures," B.R.C, 1981, provided that the minor modification meets the following standards:

(1)

The use is not expanded and the modification is otherwise substantially consistent with the conditions of the original approval;

(2)

The modification does not adversely increase impacts to other surrounding properties or adjacent uses; and

(3)

The site plan complies with all other provisions of this title and any other ordinance of the city.

(k)

Expiration: Any use review approval or previously approved special review that is discontinued for at least three years shall expire. The city manager, upon a finding of good cause, may grant an extension not to exceed six months from the original date of expiration. In addition, use review approvals for oil and gas operations are subject to expiration pursuant to the standards in Subsection (h) of this section.

(l)

Appeals and Call-Ups:

(1)

The applicant or any two interested persons may appeal the city manager's decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.

(2)

Two members of the planning board may call-up the manager's decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981, except that decisions in minor use review processes are not subject to call-up by the planning board.

(3)

The city council may call-up any planning board decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.

Ordinance Nos. 6063 (1999); 7117 (2001); 7182 (2002); 7334 (2004); 7336 (2004); 7522 (2007); 7568 (2007); 7788 (2011); 8175 (2017); 8514 (2021); 8523 (2022); 8556 (2023); 8581 (2023); 8622 (2024)

(a)

Purpose: The purpose of form-based code review, is to improve the character and quality of new development to promote the health, safety and welfare of the public and the users of the development. The form-based code review regulations are established to create a sense of place in the area being developed or redeveloped and ensure a site and building design that:

(1)

Is consistent with the purposes and policies of the Boulder Valley Comprehensive Plan and other adopted plans of the community;

(2)

Creates a fine-grained transportation network that provides safe, convenient, and attractive multi-modal connections;

(3)

Includes transportation connections and outdoor spaces that create attractive, usable amenities around which buildings and site features are organized in a manner that promotes pedestrian activity, a sense of security and community;

(4)

Is compatible with the existing character of the area or the character established in the city's adopted plans and regulations for the area in terms of height, massing, scale, bulk, orientation, configuration, and architecture;

(5)

Results in aesthetically pleasing buildings in that designs are simple and varied, use durable, high quality and natural building materials that create a sense of permanence, and provide human scale through the use of building elements and design details, such as contrast, form, window and door placement, color, and materials; and

(6)

Is environmentally sensitive, considers the physical setting, and respects and preserves historic, natural and scenic features.

(b)

Scope and Application:

(1)

The requirements of this section apply to all development on parcels and lots designated in Appendix L, "Form-Based Code Areas" and developed pursuant to a form-based code review. No person shall develop or apply for a building permit for a project on, or for, subdivision of a parcel or lot designated in Appendix L, "Form-Based Code Areas," until a form-based code review, or, alternatively, if eligible and developed pursuant to a site review, a site review has been completed.

(2)

Projects required to complete or completing a form-based code review are neither required nor eligible to complete the processes under Sections 9-2-13, "Concept Plan," and 9-2-14, "Site Review," B.R.C. 1981.

(3)

Administrative Form-Based Code Review for Minor Floor Area Expansions: Projects to expand floor area by no more than 500 square feet that are limited to one story and do not entail changes to existing form-based code review approvals may be reviewed as an administrative form-based code review pursuant to the process of Section 9-2-2, "Administrative Review Procedures," B.R.C. 1981, and applicants for such projects shall not be required to complete a pre-application review under Subsection (c) of this section; otherwise, such projects shall meet all of the requirements of this section and the requirements of Chapter 9-14, "Form-Based Code."

(4)

Exceptions to Form-Based Code Review Process: The following developments shall not be required to complete a form-based code review:

(A)

Administrative form-based code reviews pursuant to Paragraph 9-2-16(b)(3), B.R.C. 1981;

(B)

Minor modifications to approved form-based code review applications;

(C)

Site Reviews: Lots and parcels eligible for a site review pursuant to the thresholds established in Section 9-2-14, B.R.C. 1981, may be developed pursuant to the standards of Section 9-2-14, B.R.C. 1981, instead of the standards of this Chapter 9-14, "Form-Based Code," B.R.C. 1981, at the discretion of the applicant. If a lot or parcel is developed pursuant to a site review process, as authorized in this subparagraph (C), the form-based code standards of this section and Chapter 9-14, B.R.C. 1981, do not apply;

(D)

Previously Approved Developments: Any development on a lot or parcel subject to a valid site review approval or planned unit development (PUD) approval. Valid site review and PUD approvals may be amended or modified in accordance with the minor modification and amendment provisions of Section 9-2-14, "Site Review," B.R.C. 1981. If a site review or PUD approval is amended or modified, as authorized in this subparagraph (D), the form-based code standards of this section and Chapter 9-14, B.R.C. 1981, do not apply;

(E)

Interior building remodels or modifications that do not include an expansion of floor area, do not change the exterior appearance of the building, and otherwise conform to this section and Chapter 9-14, "Form-Based Code," B.R.C. 1981;

(F)

Projects not developed pursuant to a form-based code review consistent with the standards in Section 9-14-5, "Existing Structures and Uses Not Conforming with this Chapter," B.R.C. 1981;

(G)

Subdivisions solely for the purpose of amalgamating lots or parcels of land; and

(H)

Subdivisions solely for the purpose of conveying property to the city.

(c)

Pre-Application Review: No person shall file an application for a form-based code review until a pre-application review has been completed with the city manager.

(1)

Purpose: The purpose of the pre-application review is to give the applicant an opportunity to solicit comments from the city manager prior to submittal of an application related to the review process and whether the conceptual design addresses the requirements of the city as set forth in adopted ordinances, plans, and policies. Comments provided during a pre-application review are not binding, but are meant to inform any subsequent form-based code review application. A pre-application review and comments shall not relieve the applicant of the burden to seek approvals for elements of the project that require review and approval under the Boulder Revised Code.

(2)

Pre-Application Requirements: The applicant for a form-based code review shall submit an application for pre-application review on a form provided by the city manager, and the application shall include, without limitation, the following:

(A)

A conceptual site plan of sufficient accuracy for discussing the plan's conformance with adopted ordinance, plans, and policies of the city;

(B)

Sketch building elevations or renderings illustrating conceptual designs;

(C)

A description of proposed land uses and the following, if the development includes new dwelling units: sizes, number of bedrooms, anticipated sale prices, and the percentage of affordable units to be included;

(D)

A trip generation analysis and trip distribution analysis in accordance with sections 2.03(J) and 2.03(K) of the City of Boulder Design and Construction Standards; and

(E)

Any other material and information the city manager finds relevant to provide comments on the applicant's questions and whether the conceptual design addresses the requirements of the city as set forth in adopted ordinances, plans, and policies.

(3)

Pre-Application Meeting: Following the filing of the application for pre-application review, the applicant shall attend a pre-application meeting with the city manager. The meeting shall occur a minimum of thirty days prior to submitting an application for form-based code review.

(d)

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

(1)

All materials and information required by Subsection 9-2-6(a), B.R.C. 1981.

(2)

Written Statement: A written statement containing the following information:

(A)

A statement of current ownership and a legal description of all of the land included in the project;

(B)

An explanation of the objectives to be achieved by the project, including, without limitation, building descriptions, sketches or elevations that may be required to describe the objectives;

(C)

A development schedule indicating the approximate date when construction of the project, or phases of the project, can be expected to begin and be completed; and

(D)

Copies of any special agreements, conveyances, restrictions or covenants that will govern the use, maintenance and continued protection of the goals of the project and any related parks, recreation areas, playgrounds, outlots or open space.

(3)

Context Map: A context map, drawn to scale, showing the site and an area of not less than a 300-foot radius around the site, including streets, zoning, general location of buildings, sidewalks, and parking areas of abutting properties.

(4)

Site Plan: A site plan with a north arrow showing the major details of the proposed development, prepared on a scale of not less than one-inch equals one hundred feet, providing sufficient detail to evaluate the features of the development required by this section. The site plan shall contain, insofar as applicable, the information set forth as follows:

(A)

Topography. The existing topographic character of the land, showing contours at two-foot intervals;

(B)

Flood Areas. If applicable, the areas subject to the one hundred-year flood as defined in Chapter 9-16, "Definitions," B.R.C. 1981, and any area of the site that is within a designated space conveyance zone or high-hazard zone;

(C)

Building Footprints. The location and size of all existing and proposed buildings, structures and improvements with dimensions indicating the distance from lot lines, structure low point elevations pursuant to the definition of "height," and the general location of adjacent streets, structures and properties;

(D)

Uses. Site and location of existing and proposed uses, including density and type of uses;

(E)

Outdoor Spaces. The following shall be illustrated on a site plan:

(i)

The areas intended to function as outdoor space as specified within Chapter 9-14, "Form-Based Code";

(ii)

Detailed design for outdoor space, illustrating hardscape and site furnishings; and

(iii)

Any other areas that qualify as useable open space per Section 9-9-11, B.R.C. 1981.

(F)

Public Spaces. The following shall be illustrated on a site plan:

(i)

The areas that are to be conveyed, dedicated or reserved as parks, recreation areas, playgrounds, outlots or open space and as sites for schools and other public buildings; and

(ii)

The areas that are to be conveyed, dedicated or reserved for streets, alleys, paths, sidewalks, and utility easements.

(G)

Streets and Block Layout. For project sites that are subject to the requirements of Section 9-14-13, "Large Site Development Standards," B.R.C. 1981, a block plan analysis demonstrating compliance with the standards of that section, Section 9-9-5, "Site Access Control," B.R.C. 1981, and Section 9-9-8, "Reservation, Dedication, and Improvement of Rights of Way, B.R.C. 1981, including, but not limited to the following information:

(i)

Block length of each portion of a block;

(ii)

Total block perimeter;

(iii)

On- and off-street parking;

(iv)

Paseos;

(v)

Type A, B, and C frontage designations; and

(vi)

If applicable, terminated vistas.

(5)

Signs and Lighting. A separate signs and lighting plan, at a scale of not less than one inch equals one hundred feet, with the location, height and size of proposed signs, lighting and advertising devices. The signs and lighting plan shall illustrate compliance with Sections 9-9-16, "Outdoor, Lighting," and 9-9-21, "Signs," B.R.C. 1981.

(6)

Landscaping Plan. A detailed landscaping plan, consistent with Section 9-9-12, B.R.C. 1981, showing the spacing, sizes, specific types of landscaping materials, quantities of all plants and whether the plant is coniferous or deciduous. All trees with a diameter of six inches and over, measured fifty-four inches above the ground on the property, or in the landscape setback of any property adjacent to the development shall be shown on the streetscape and landscaping plan.

(7)

Paseo Design Plan. A detailed plan showing the following:

(A)

The location of any paseos on the site and the location of adjacent buildings and number of stories of those buildings adjacent to a paseo;

(B)

The widths of the paseo, the pedestrian travel way impressed with a public access easement, and distance between the travel path and adjacent buildings;

(C)

The location, dimension, and design of outdoor seating areas adjacent to a paseo;

(D)

The design and materials, including section drawings, showing the patterns and materials of all sections of the paseo; and

(E)

The location and design of landscaping, lighting, and art.

(8)

Streetscape Plan. A detailed streetscape plan, consistent with Sections 9-9-13 and 9-14-10, B.R.C. 1981, shall include the following:

(A)

The location of street trees;

(B)

Designation of ground plane vegetation for any landscape bed areas, planter areas, and open tree wells;

(C)

The location and quantities of all pedestrian and vehicular lighting. Cut sheets and samples shall also be submitted;

(D)

Specification of materials and patterns for street and sidewalk pavement design;

(E)

The location and quantities of furnishings, such as benches, seat walls, planters, planter fences, tree grates, tree guards, and trash receptacles on each street and for other public way where furnishings are required or proposed; and

(F)

The location and quantities of any other elements designed to establish the identity of the street, such as pavement markers or artwork.

(9)

Traffic Circulation and Parking Plan. A separate site plan, at a scale of not less than one inch equals one hundred feet, illustrating the internal vehicular, pedestrian, and bicycle circulation systems, transit station locations within 300 feet of the site, on-site transit amenities, off-street vehicular and bicycle parking areas, service areas, loading areas and major points of access to public rights-of- way, and how the project connects to its surrounding context.

(10)

Transportation Demand Management Techniques. A description of transportation demand management techniques with an implementation plan, including, without limitation, site design, land use, covenants, transit passes, parking restrictions, information or education materials, or programs to reduce single-occupant vehicle trip generation to and from the site.

(11)

Design and Construction Standards Materials. Materials required by the City of Boulder Design and Construction Standards, including, without limitation, a traffic study, master utility plan, utility report, and stormwater report and plan for any application that proposes to construct or have an impact on public improvements.

(12)

Natural Feature Plan. Plans for preservation of natural features existing on the site or plans for mitigation of adverse impacts to natural features existing on the site from the proposed development and anticipated uses. Natural features include, without limitation, healthy long-lived trees, significant plant communities, ground and surface water, wetlands, riparian areas, drainage areas and habitat for species on the federal Endangered Species List, "Species of Special Concern in Boulder County" designated by Boulder County, or prairie dogs (Cynomys ludiovicianus) which is a species of local concern.

(13)

Tree Inventory. A tree inventory prepared by a certified arborist that has a valid contractor license pursuant to Chapter 4-28, "Tree Contractor License," B.R.C. 1981, shall include the following:

(A)

The location, size, species and general health of all trees with a diameter of six inches and over, measured fifty-four inches above the ground, on the property or in the landscape setback of any property adjacent to the development;

(B)

Existing and proposed topography;

(C)

Existing and proposed paving and structures; and

(D)

An indication of which trees will be adversely affected and what, if any, steps will be taken to mitigate the impact on the trees.

(14)

Architectural Plans. Detailed architectural plans that include the following:

(A)

Building Schematic Floor plans. Building floor plans shall be included for each floor, illustrating the location of uses, common spaces, doors, and windows;

(B)

Building Details. Plans, sections, and elevations illustrating compliance with Sections 9-14-14 through 9-14-33, B.R.C. 1981;

(C)

Building Elevations. Building elevations, at a scale of one-sixteenth inch equals one foot or larger, illustrating the following:

(i)

The height of all building roofs;

(ii)

The grade elevations of all ground floors and visible basements;

(iii)

Indication of how elevations and heights are calculated consistent with the definition of "height" in Section 9-16-1, "General Definitions," B.R.C. 1981;

(iv)

Elevations and dimensions of all floor-to-floor heights;

(v)

Materials and colors for every plane of the building;

(vi)

Roof designs;

(vii)

Building design elements to meet building type and site and building design;

(viii)

Color and material samples; and

(ix)

A three-dimensional, digital model illustrating the surrounding context for view and scale analysis, unless exempted by the city manager for smaller projects.

(15)

View Corridor Analysis. A view corridor analysis, including the following:

(A)

A plan illustrating location of mountain range and notation of Flatirons 1 through 5, location of other features subject to view corridor protection, location of building footprints with heights noted, location of streets, and location of outdoor spaces;

(B)

A three-dimensional, geographically accurate digital site and proposed building model illustrating views required to be preserved through the site and photographically depicting the mountains in their accurate geographic locations. Refer to Figure 14-9, "Example Documentation of Preserved Views from Junction Place Bridge," in Chapter 9-14, "Form-Based Code";

(C)

Additional Submittal Requirements by Request. The city manager may request additional information to illustrate compliance with the requirements of this section; and

(D)

Waiver. The city manager may waive submittal requirements if the city manager finds that the requirement is not applicable to a project and would not illustrate compliance with the requirements of this section.

(e)

Public Notification: After receiving a form-based code review application, the city manager shall provide public notification pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981.

(f)

Review and Recommendation:

(1)

The city manager shall review and make decisions on form-based code review applications pursuant to Section 9-2-7, "Development Review Action," B.R.C. 1981. The manager may refer to the planning board for a decision by the board any application which the manager deems appropriate.

(2)

Reviews by either the city manager or the planning board shall be pursuant to Section 9-2-7, "Development Review Action," B.R.C. 1981.

(g)

Criteria for Review: No form-based code review application shall be approved unless the approving agency finds that:

(1)

Consistency with Chapter 9-14, "Form-Based Code." The proposed plans and building designs are consistent with the requirements of Chapter 9-14, "Form-Based Code."

(h)

Bicycle Parking Reductions: As part of the form-based code review process, the approving authority may grant reductions and modifications to the bicycle parking standards of Subsection 9-9-6(e), B.R.C. 1981, if the reviewing authority finds that the standards of Paragraph 9-9-6(e)(6), B.R.C. 1981, are met.

(i)

Exceptions: Exceptions to the requirements of Chapter 9-14, "Form-Based Code," may be approved under the form-based code review process pursuant to the following standards:

(1)

Application Requirements: If an application includes a request for an exception to the requirements of Chapter 9-14, "Form-Based Code," the requested exceptions shall be noted on the plans and the application shall include a written statement describing how the standards applicable to the exception are being met.

(2)

Exceptions:

(A)

An exception may be granted by the approving authority if the following criteria are met:

(i)

The proposed exception is generally consistent with the goals and intents of the adopted subcommunity or area plan applied to the area, and

(ii)

The proposed exception will not create any adverse impacts on residents of the development or surrounding properties beyond what is ordinarily expected through implementation of the standards within Chapter 9-14, "Form-Based Code".

(B)

An exception may be granted by the approving authority if the approving authority finds that individual conditions of the property that were not created by the applicant make compliance with a provision of Chapter 9-14, "Form-Based Code ," impractical and the proposed alternative design is the minimum modification of the requirements of Chapter 9-14 that provides relief and is consistent with the intent and purpose of the section being modified and the form-based code review process described in Subsection (a) of this section;

(C)

An exception may be granted by the approving authority if otherwise the requirements of Chapter 9-14, "Form-Based Code," would result in a violation of federal or state legislation, including but not limited to the Americans with Disabilities Act, and the exception would be the minimum modification of the requirements of Chapter 9-14 that provides relief; or

(D)

An exception may be granted by the approving authority if the building or property has been designated as an individual landmark or recognized as a contributing building to a designated historic district and as part of the review of an alternation certificate pursuant to Chapter 9-11, "Historic Preservation," B.R.C. 1981, the approving authority has found that the development in conforming locations on the lot or parcel or conforming with other requirements of Chapter 9-14, "Form-Based Code," would have an adverse impact upon the historic character of the individual landmark or the contributing building and the historic district, if a historic district is involved. The exception may be approved only if the modification to the requirements of Chapter 9-14, B.R.C. 1981, is the minimum modification that provides relief.

(j)

Minor Modifications to Approved Form-Based Code Reviews: Modifications to the site plan, building plans, landscaping and parking plans previously approved through a form-based code review application may be approved by the city manager without requiring an amendment to the approved form-based code review if such changes are minor. All minor modifications shall be noted, signed, and dated on the approved form-based code review plans. For proposed minor modification of form-based code review projects that are partially or totally developed, the applicant shall provide notice to any owners of property within the development that might be affected, as determined by the manager. The following standards apply to minor modifications:

(1)

On a street facing façade, the following shall be met:

(i)

Window sizes, types, and dimensions are not shifted by more than 10 feet in either direction per floor, transparency requirements are not reduced by more than 10 percent of the approved percentage and required minimum transparency per floor is maintained, and the general pattern of the windows is not substantially altered from the form-based code review approval;

(ii)

The approved total percentage of major materials is not reduced; and

(iii)

Building bay configurations may be shifted or transposed, if otherwise consistent with these criteria;

(2)

No modification or cumulative modifications from the form-based code review approval results in an expansion or shifting of floor area by more than ten percent of the floor area of the project;

(3)

The sum of all cumulative modifications to the site plan, building plans, landscaping and parking plans approved under this subsection (j) does not exceed ten modifications per building and may be considered under one or more minor modification applications so long as ten modifications per building is not exceeded. For the purposes of this subsection, one modification shall mean one aspect of the design that is changing in respect to a Chapter 9-14 standard and not every individual change. For example, one particular dimensional change applied to ten windows shall count as one modification, not ten modifications; and

(4)

All modifications are consistent with the requirements of Chapter 9-14, "Form-Based Code," and do not include any exception requests.

(k)

Amendments to Approved Form-Based Code Reviews:

(1)

No proposal to expand or otherwise modify any approved form-based code review, other than a minor modification, shall be approved unless the form-based code review is amended and approved in accordance with the procedures prescribed by this section for approval of a form-based code review, except for the notice and consent provision of this subsection.

(2)

If an applicant requests approval of an amendment to an approved form-based code review, the city manager shall provide public notice pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981.

(3)

The owners of all property for which an amendment is requested shall sign the application.

(l)

Existing Buildings: Existing buildings may be modified and expanded pursuant to the standards established in Chapter 9-14, "Form-Based Code."

(m)

Rescission of Site Review. If, after a site review approval is granted, the owner of the property desires to develop, instead, under the provisions of this section, the owner may request rescission of such site review approval if no building permit has been issued for the development and neither the city nor the developer has taken any actions in detrimental reliance on the terms of the development agreement. The city manager may also rescind a site review or PUD approval if the existing or proposed development complies with all the requirements of this section and other applicable requirements of this title and there is no substantial public benefit in maintaining the original approval.

(n)

Subdivisions: An approved form-based code review may be subdivided under Chapter 9-12, "Subdivision," B.R.C. 1981. The approved form-based code review site plan may substitute for a preliminary plat if it meets the requirements of Section 9-12-6, "Application Requirements for a Preliminary Plat," B.R.C. 1981. As part of subdivision review, the city manager will consider any conditions of the form-based code review approval and assure that they will be met within the future subdivision.

(o)

Appeals and Call-Ups:

(1)

The applicant or any two interested persons may appeal the city manager's decision pursuant to Section 9-4-4, "Appeal, Call-Ups and Public Hearings," B.R.C. 1981.

(2)

Two members of the planning board may call up the manager's decision pursuant to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.

(3)

The city council may call up any planning board decision pursuant to Section 9-4-4, "Appeal, Call-Ups and Public Hearings," B.R.C. 1981.

Ordinance Nos. 8121 (2016); 8235 (2018); 8323 (2019); 8409 (2020); 8622 (2024); 8668 (2024); 8669 (2025); 8696 (2025); 8697 (2025)

(a)

Compliance With State Statutes and Boulder Valley Comprehensive Plan: All annexations to the city shall meet the requirements of § 31-12-101 et seq., C.R.S., and shall be consistent with the Boulder Valley Comprehensive Plan and other ordinances of the city.

(b)

Conditions: No annexation of land to the city shall create an unreasonable burden on the physical, social, economic, or environmental resources of the city. The city may condition the annexation of land upon such terms and conditions as are reasonably necessary to ensure that this requirement is met. Such terms and conditions may include, without limitation, installation of public facilities or improvements, dedication of land for public improvements, payment of fees incidental to annexation, or covenants governing future land uses. In annexations of hillside areas, the city council may impose conditions designed to mitigate the effects of development on lands containing slopes of fifteen percent or greater. In annexations of more than ten acres, the applicant shall provide the information necessary to enable the city to prepare an annexation impact report when required by § 31-12-108.5, C.R.S.

(c)

Annexation Agreement: Owners of land petitioning the city for annexation of their property shall enter into an annexation agreement with the city stating any terms and conditions imposed on said property, prior to the first reading of the annexation ordinance. Upon annexation, such agreements shall be recorded to provide notice to future purchasers of said property. Where the annexation agreement provides that the city may install public improvements and that the owners of the annexed property will pay for such improvements, the costs of such improvements constitute an assessment against the annexed property as they accrue. If, after notice, any such assessment is not paid when due, the city manager shall certify the amount of the principal, interest, and penalties due and unpaid, together with ten percent of the delinquent amount for costs of collection to the county treasurer to be assessed and collected in the same manner as general taxes are assessed and collected as provided by Section 2-2-12, "City Manager May Certify Taxes, Charges and Assessments to County Treasurer for Collection," B.R.C. 1981.

(d)

Hearing: The planning board shall hear a request for annexation at a public hearing and make a recommendation for approval or denial to the city council. After considering the planning board's recommendation, the city council shall make the final determination on a request for annexation.

Ordinance No. 8620 (2024)

(a)

Generally: Zoning of annexed land or land in the process of annexation shall be considered an initial zoning and shall be consistent with the goals and land use designations of the Boulder Valley Comprehensive Plan.

(b)

Public Notification: When zoning of land is proposed in the process of annexation, the city manager will provide notice pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981.

(c)

Sequence of Events: An ordinance proposing zoning of land to be annexed shall not be finally adopted by the city council before the date of final adoption of the annexation ordinance, but the annexation ordinance may include the zoning ordinance for the annexed property.

(d)

Placement on Zoning Map: Any land annexed shall be zoned and placed upon the zoning map within ninety days after the effective date of the annexation ordinance, notwithstanding any judicial appeal of the annexation. The cityshall not issue any building or occupancy permit until the annexed property becomes a part of the zoning map.

(e)

Nonconformance: A lot annexed and zoned that does not meet the minimum lot area or open space per dwelling unit requirements of Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, may be used notwithstanding such requirements in accordance with this code or any ordinance of the city, if such lot was a buildable lot under Boulder County jurisdiction prior to annexation.

(f)

Slopes: Notwithstanding the provisions of Subsection (a) of this section, any land proposed for annexation that contains slopes at or exceeding fifteen percent shall not be zoned into a classification which would allow development inconsistent with policies of the Boulder Valley Comprehensive Plan.

Ordinance Nos. 7921 (2013); 8235 (2018)

(a)

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.

(b)

Application Requirements: A property owner applicant shall pay the filing fee prescribed by Section 4-20-43, "Development Application Fees," B.R.C. 1981, and file an application for approval on a form provided by the city manager that shall include, without limitation:

(1)

A list of the names and addresses of all owners of all property for which the rezoning is requested and for all property within three hundred feet of the boundaries of the area for which the rezoning is requested;

(2)

An improvement survey;

(3)

The legal description of all property included in the rezoning; and

(4)

A written statement addressing the criteria for approval in Subsections (e) and (f) of this section.

(c)

Public Notification: When an amendment to the zoning map is proposed, except an amendment incidental to a general or comprehensive revision of the map, the city manager will provide notice pursuant to Section 9-4-3, "Public Notice Requirements," B.R.C. 1981.

(d)

Hearing: The planning board shall hear a request for rezoning at a public hearing and shall make a recommendation for approval or denial to the city council. After considering the planning board's recommendation, the city council shall make the final determination on a request for rezoning at a public hearing held in accordance with the adopted Council Procedure of Title 2, "Government Organization," (Appendix) B.R.C. 1981.

(e)

Criteria: The city's zoning is the result of a detailed and comprehensive appraisal of the city's present and future land use allocation needs. In order to establish and maintain sound, stable and desirable development within the city, rezoning of land is to be discouraged and allowed only under the limited circumstances herein described. Therefore, the city council shall grant a rezoning application only if the proposed rezoning is consistent with the policies and goals of the Boulder Valley Comprehensive Plan, and, for an application not incidental to a general revision of the zoning map, meets one of the following criteria:

(1)

The applicant demonstrates by clear and convincing evidence that the proposed rezoning is necessary to come into compliance with the Boulder Valley Comprehensive Plan map;

(2)

The existing zoning of the land was the result of a clerical error;

(3)

The existing zoning of the land was based on a mistake of fact;

(4)

The existing zoning of the land failed to take into account the constraints on development created by the natural characteristics of the land, including, but not limited to, steep slopes, floodplain, unstable soils and inadequate drainage;

(5)

The land or its surrounding environs has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area or to recognize the changed character of the area; or

(6)

The proposed rezoning is necessary in order to provide land for a community need that was not anticipated at the time of adoption of the Boulder Valley Comprehensive Plan.

(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:

(1)

Transportation. The land proposed for rezoning is:

(A)

Subject to a right-of-way plan for the immediate area;

(B)

The right-of-way plan is capable of being implemented to the extent necessary to serve the property and to connect to the arterial street network through collector and local streets, alleys, multi-use paths and sidewalks concurrent with redevelopment; and

(C)

The public infrastructure can be paid for by way of redevelopment under the provisions of Section 9-9-8, "Reservations, Dedication and Improvement of Rights-of-Way," B.R.C. 1981, without contribution of funds by the city, or that there is a plan for financing and construction that has been approved by city council through the capital improvement program and the city council anticipates appropriating such funds within two years of the rezoning.

(2)

Water, Wastewater and Stormwater Management and Flood Control. The city council shall determine whether there are adequate public facilities available for the rezoning area. The city council shall determine whether there are adequate water, wastewater and stormwater management and flood control facilities by considering the following:

(A)

Whether the infrastructure meets the requirements of the City of Boulder Design and Construction Standards, adopted city master plans, the Boulder Valley Comprehensive Plan, subcommunity plans and area plans.

(B)

Whether the land proposed to be rezoned has adequate water, wastewater and stormwater management and flood control public facilities that are:

(i)

In place at the time of the rezoning request;

(ii)

Under construction and will be available at the time that the impacts of the proposed development will occur; or

(iii)

Guaranteed by an enforceable development agreement ensuring that the public facilities will be in place at the time that the impacts of the proposed development will occur.

(C)

Whether the property owner has, or will in the future, paid its fair share of the infrastructure needs of the surrounding area, as described in city master plans, subcommunity plans or area plans.

(3)

Transportation Demand Management Services. In the MU-4, RH-6 and RH-7 zoning districts, the property subject to the rezoning is located within an area that has parking and transportation related service provided by a general improvement district or an equivalent organization or otherwise meets the trip generation requirements of Section 9-9-22, "Trip Generation Requirements for the MU-4, RH-6 and RH-7 Zoning Districts," B.R.C. 1981.

(g)

Solar Access Areas: A request for rezoning may seek to amend a solar access area, as defined in Subsection 9-9-17(c), B.R.C. 1981, if all applicable requirements of Subsection 9-9-17(e), B.R.C. 1981, are met.

Ordinance Nos. 7655 (2009); 8544 (2022); 8668 (2024); 8669 (2025)

(a)

Site Specific Development Plan: For the purpose of this title and article 68 of title 24, C.R.S., as amended, the term site specific development plan means any project which requires a use review or site review. For the purposes of § 24-68-102.5, C.R.S., an application shall be deemed submitted upon the application for a use review, pursuant to section 9-2-15, "Use Review," B.R.C. 1981, or a site review, pursuant to section 9-2-14, "Site Review," B.R.C. 1981.

(b)

Establishing a Vested Property Right: In order to establish a vested property right as defined in § 24-68-102(5), C.R.S., for a site specific development plan, the applicant shall meet all of the following requirements:

(1)

Public Hearing Required: For those site specific development plan approvals not requiring a public hearing before the planning board, the applicant shall request, in writing, that its application be referred to the planning board for hearing under the city manager's discretionary power pursuant to paragraph 9-2-7(b)(1), B.R.C. 1981. The city manager will refer any such requested application to the planning board for public hearing pursuant to Subsection 9-4-4(d), B.R.C. 1981.

(2)

Elements of Plans to Be Vested: The applicant shall state clearly in its application those specific elements of the plan in which the applicant seeks to create vested rights, including, without limitation, type of use, density, building height, building footprint location and architecture.

(3)

Notice of Approval: If a site specific development plan is approved by the planning board, the applicant shall cause a notice advising the general public of the site specific development plan approval and the creation of a vested property right to be published in a newspaper of general circulation no later than fourteen days following final approval. Further, the applicant shall provide the city manager with the newspaper's official notice of said publication no later than ten days following the date of publication.

(4)

Compliance With Conditions of Approval: The applicant shall meet and maintain all conditions of final approval for the site specific development plan.

(c)

Void: An applicant's failure to meet all of the above requirements renders the site specific development plan approval void and results in the waiver of the applicant's right to create a vested property right pursuant to § 24-68-103(1), C.R.S.

(d)

Applicability of Ordinances That Are General in Nature: The establishment of a vested property right shall not preclude the application of City ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation including, without limitation, the provisions of chapter 9-3, "Overlay Districts," section 9-9-17, "Solar Access," chapters 9-12, "Subdivision," 9-13, "Inclusionary Housing," B.R.C. 1981, and the City's building, fire, plumbing, electrical and mechanical codes. Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of this code pertaining to the development and use of property.

(e)

City Council Approval: The three-year vesting period for site specific development plan approvals shall not be extended to a longer time period, including by amendments to such approvals, unless such extensions are included in the development agreement and adopted by ordinance of the city council.

Ordinance Nos. 5778 (1996); 7079 (2000); 7701 (2010); 8600 (2024)

(a)

Fees: If public improvements or private improvements in lieu of public improvements are included within any application governed by this title, or are required as a condition of approval of the application, the applicant shall pay, in addition to any other fees, the public improvement inspection fees specified in section 4-20-43, "Development Application Fees," B.R.C. 1981. The applicant shall also provide the financial guarantees for public or other improvements required by sections 9-12-13, "Subdivider Financial Guarantees" and 9-12-14, "Public Improvement Warranty," B.R.C. 1981, as if the applicant were a subdivider. These fees and guarantees are due after final approval of the application by the city and are a condition of the approval.

(b)

Security: If at the time of a request for a certificate of occupancy or certificate of completion all work required by a building permit or development agreement is not completed, the developer shall provide financial security in the form of an escrow of funds with the city, a letter of credit or other financial guarantee that is acceptable to the city attorney to secure the installation or completion of improvements required by this title or the terms of a development agreement, including, without limitation, landscaping, building and site treatment and public improvements.

(c)

Amount and Term: The city manager shall establish the amount and term of the financial guarantee.

(d)

Time Frame: The developer shall install or complete the improvements within the time specified in the development agreement.

(e)

Annual Review: The city manager shall review the financial guarantee annually to assure that it meets the full current cost of installing or completing the improvements that it guarantees and may require the developer to augment the guarantee to meet such costs.

(f)

Collection: If the improvements are not completed within the required time, the city manager may cause them to be completed and collect against the financial guarantee, or, if the guarantee is exhausted, against the developer for their full cost of completion.

(g)

Letter of Credit: If any letter of credit is due to expire before the end of the guarantee period and is not replaced no less than sixty days before its expiration with another letter of credit which is valid until the end of the guarantee period or for an additional year, whichever is less, the city manager shall call the letter of credit and shall hold the funds thereby received in a separate account, and shall return such funds as are not expended or to be expended for guarantee work to the applicant at the end of the guarantee period.

(h)

Additional Requirements: The requirements of this section are in addition to any requirements for financial guarantees under any other provision of this Code.

(i)

In Addition: The requirements of this section are in addition to any requirements for financial guarantees under any other provision of this code.

Ordinance No. 8697 (2025)