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

TABLE 7-1: FORM AND BULK STANDARDS

Footnotes to Table 7-1, Form and Bulk Standards:

In addition to the foregoing, the following miscellaneous form and bulk requirements apply to all development in the city:

(a)

On corner lots, side yard must meet principal building front yard setback where adjacent lot fronts upon the street, unless the subject yard was platted as a side yard at a time when the adjacent lot did not front upon the street.

(b)

For zero lot line development, including side yard setbacks from interior lot lines for townhouses, see Subsection 9-7-2(b), B.R.C. 1981.

(c)

The permitted height limit may be modified only in certain areas and only under the standards and procedures provided in Sections 9-2-14, "Site Review," and 9-7-6, "Building Height, Conditional," B.R.C. 1981.

(d)

For buildings over 25 feet in height, see Subsection 9-9-11(c), B.R.C. 1981.

(e)

For other setback standards regarding garages, open parking areas, and flagpoles, see Paragraph 9-7-2(d), B.R.C. 1981.

(f)

Where a rear yard backs on a street, see Paragraph 9-7-2(c), B.R.C. 1981.

(g)

This maximum height limit applies to poles that are light poles at government-owned recreation facilities but not to other poles. Other poles have a maximum height of 55 feet in all zones. For additional criteria regarding poles, see Section 9-2-14, "Site Review," B.R.C. 1981.

(h)

For front yard setback reductions, see Subsection 9-7-2(a), B.R.C. 1981.

(i)

For side yard setback requirements based on building height, see Section 9-7-2(b)(8), "Setback Relative to Building Height," B.R.C. 1981.

(j)

The maximum percentage of the third story floor area that can be in any story above the third story standard may not be modified as part of a site review.

(k)

For properties located in the DT-5 and P zoning districts and shown in Appendix I, the minimum setback shall be as required by Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, Table 7-1, Form and Bulk Standards or sixty-five feet measured from the centerline of Canyon Boulevard right-of-way.

(l)

For buildings on nonstandard lots within the RMX-1, RL-1, RE, RR-1, and RR-2 zoning districts, refer to Table 10-1, Maximum Height Formulas, within Section 9-10-3, "Changes to Nonstandard Buildings, Structures and Lots and Nonconforming Uses."

(m)

For setback requirements on corner lots in the DT-5 zoning district, refer to Subsection 9-7-6(c), B.R.C 1981.

(n)

For principal and accessory buildings or structures located on a lot or parcel designated in Appendix L, "Form-Based Code Areas," and subject to the standards of Appendix M, "Form-Based Code," refer to Appendix M, "Form-Based Code," for design standards applicable to such lot or parcel. With the exception of Charter Section 84, "Height limit," and Sections 9-7-3, "Setback Encroachments," and 9-7-5, "Building Heights," 9-7-7, "Building Height, Appurtenances," B.R.C. 1981, the form and bulk standards of this chapter are superseded by the requirements of Appendix M, "Form-Based Code." Building heights in areas designated in Appendix L are not subject to the height limits of Table 9-7, Form and Bulk Standards.

Ordinance Nos. 5623 (1994); 5656 (1994); 5679 (1994); 5690 (1995); 5921 (1997); 5930 (1997); 5971 (1998); 6037 (1998); 6054 (1999); 7079 (2000); 7102 (2000); 7116 (2001); 7182 (2002); 7210 (2002); 7242 (2002); 7310 (2003); 7331 (2004); 7336 (2004); 7364 (2004); 7378 (2004); 7522 (2007); 7568(2007); 7577 (2007); 7624 (2008); 7655 (2009); 7684 (2009); 7699 (2009); 7710 (2010); 7788 (2011); 7813 (2011); 7878 (2012); 7921 (2013); 7963 (2014); 8013 (2014); 8121 (2016); 8244 (2018); 8409 (2020); 8515 (2023); 8599 (2024); 8620 (2024); 8650 (2025); 8669 (2025); 8697 (2025)

(a)

Front, Rear, and Side Yards: Front, rear, and side yards shall be identified consistent with the yard definition in Section 9-16-1, B.R.C. 1981.

(b)

Front Yard Setback Reductions: The front yard setback required in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, may be reduced for a principal structure on any lot if more than fifty percent of the principal buildings on the same block face or street face do not meet the required front yard setback. The setback for the adjacent buildings and other buildings on the block face shall be measured from the property line to the bulk of the building, excluding, without limitation, any unenclosed porches, decks, patios or steps. The bulk of the building setback shall not be less than the average bulk of the building setback for the principal buildings on the two adjacent lots. Where there is only one adjacent lot, the front yard setback reduction shall be based on the average of the principal building setbacks on the two closest lots on the same block face. (See Figure 7-1 of this section.)

Figure 7-1: Setback Averaging Example

In this example, lots "B" through "F" are the face block. Lot "A" is not included in the face block, as the front of this lot is on a different street. Setback averaging is measured to the bulk of the buildings and does not include porches.

Assuming this block is zoned RL-1, the minimum required front yard setback would be twenty-five feet. The block face shown would qualify for setback averaging, as more than fifty percent of the principal buildings do not meet the required front yard setback. An addition to the front of lot "E" would require the averaging of the setbacks of lots "D" and "F", the two closest buildings on the same block face. In this example the resulting setback would be 20 feet - the average of lot "D" (fifteen feet) and lot "F" (twenty-five feet). An addition to the front of lot "F" would be based on the average of the two closest buildings on the same block face; in this case, lots "D" and "E."

(c)

Side Yard Setback Standards:

(1)

Setbacks for Upper Floors in Non-Residential Zoning Districts: A principal building constructed with a side yard setback of zero for the first story above grade in the BC-2, BR-1, DT-1, DT-2, DT-3, DT-4, DT-5, IS-1, IG or IM zoning districts, where the side yard setback is noted as "0 or 12," may have upper stories set back either five feet or the distance required by Chapter 10-5 "Building Code," B.R.C. 1981, whichever is greater.

(2)

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

(3)

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

(4)

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

(5)

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

Figure 7-2: Combined Side Yard Setbacks

Example: In the RL-1 district, the combination of side yard setbacks must be no less than fifteen feet, with a minimum of five feet. Both existing structures and additions (hatched) are included in the calculation.

(6)

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

(A)

The interior side yard setback for the existing detached dwelling unit complied with the setback requirements in existence at the time of initial construction and was not created by a variance or other procedure;

(B)

The resulting interior side yard setback will not be less than five feet and combined side yard setbacks will not be less than ten feet;

(C)

That portion of the building in the side yard setback shall vertically align with the existing first-story wall.

(7)

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

(8)

Setback Relative to Building Height: For buildings subject to the side yard setback requirements based on building height, the setback shall be determined consistent with Figure 7-3.

Figure 7-3: Setback Relative to Building Height

(d)

Rear Yard Setbacks: Where a rear yard backs on a street, the rear yard shall have a minimum landscaped setback equal to the minimum front yard landscaped setback from a street for all buildings and uses required for that zone.

(e)

Open Parking Areas, Flagpoles, and Detached Garages and Carports: Open parking areas, flagpoles, and detached garages and carports may be located in compliance with either the required principal building setbacks or accessory building setbacks.

(f)

Swimming Pools, Spas, and Hot Tubs: Swimming pools, spas, and hot tubs shall be located according to the applicable accessory structure setbacks on a lot except that pools, spas, or hot tubs may be located in compliance with the required front yard principal building setback.

(g)

Oil and Gas Operations and Other Uses: Oil and gas operations shall be set back from any residential use, residential zone, school, daycare center, hospital, senior living facility, assisted living facility, outdoor venue, playground, permanent sports field, amphitheater, public park and recreation use, or other similar public outdoor facility, but not including trails or City of Boulder open space, in accordance with the standards of Section 9-6-7(b)(2), B.R.C. 1981. No residential use, school, daycare center, hospital, senior living facility, assisted living facility, outdoor venue, playground, permanent sports field, amphitheater, public park and recreation use, or other similar public outdoor facility, but not including trails or City of Boulder open space, shall be located closer than two thousand feet from any single-well well pad of an oil and gas operation in pre-production, closer than two thousand five hundred feet from any multi-well well pad of an oil and gas operation in pre-production, closer than five hundred feet from any well pad of an oil and gas operation in production, and closer than two hundred fifty feet from an oil and gas operation that has been capped and abandoned pursuant to the requirements of Section 9-6-7(b)(16), B.R.C. 1981.

Ordinance Nos. 5623 (1994); 5656 (1994); Supplement No. 46 (1995); 5971 (1998); 7079 (2000); 7182 (2002); 7484 (2006); Ord. 7589 (2008); 7738 (2010); 8409 (2020); 8514 (2021); 8523 (2022); 8599 (2024); 8620 (2024); 8651 (2025); 8697 (2025)

No structure or building shall be constructed or maintained in the required setback except for:

(a)

A balcony, patio, or deck less than thirty inches in height and railings affixed thereto no taller than the minimum railing height required by the building code;

(b)

A stairway less than thirty inches in height and stairway railings affixed thereto no taller than the minimum railing height required by the building code;

(c)

A fireplace or chimney encroachment of no more than thirty inches into the setback, if the width of such fireplace or chimney does not exceed seventy inches in the setback;

(d)

A maximum of thirty inches of roof overhang;

(e)

One arbor or trellis as an accessory structure not exceeding eight feet in height, six feet in width, and three feet in depth in a landscaped setback adjacent to a street. Such arbor or trellis may be attached to a fence;

(f)

Insubstantial encroachments, including, without limitation, electric meters, cable television or phone utility boxes, wires, conduits, wall mounted light fixtures, air conditioner compressors, windows or doors that may swing into a setback when open, radio or television antennae, small architectural details, bicycle racks or bicycle rental stations; or

(g)

The outer four feet of completely open, uncovered, cantilevered balconies that have a minimum of eight feet vertical clearance below, which may project into any required yard except an interior side yard of less than ten feet in width. A balcony may be placed above another balcony if the railings along the exterior boundaries of all such balconies are not more than fifty percent opaque, the railings do not exceed forty-two inches in height, and there are no horizontal connections of any kind between balconies except the wall from which the balconies are cantilevered.

Ordinance Nos. 7331 (2004); 7684 (2009); 7777 (2011); 8409 (2020)

(a)

Purpose: Front porches have historically contributed to the ambiance of residential streetscapes and encourage social interaction in a neighborhood. The purpose of these porch standards is to set the minimum standards for the construction of front porches that encroach in the minimum front yard and side yard adjacent to a street in residential zoning districts and for the preservation, restoration and replacement of front porches in historic districts or on individual landmarks.

(b)

Scope: These standards are applicable to all detached dwelling units in residential zoning districts. These requirements shall also be applicable to all building permit applications in historic districts and for individual landmarks.

(c)

Setback Encroachments for Porches: No person shall construct a front porch that encroaches into a front yard or a side yard adjacent to a street unless the front porch meets the following design standards:

(1)

Maximum Encroachment Into Setbacks: For a structure that otherwise meets the front yard setback standards, no porch shall encroach more than eight feet into the required front yard setback. For a structure that does not meet the front yard setback requirements no porch shall extend more than six feet beyond the bulk of the building. The bulk of the building includes the structure, but excludes unenclosed porches, decks, patios, steps or similar features. In no case, shall the resulting setback from the property line to the porch be less than fifty percent of the required setback of the underlying zoning district;

(2)

Size of Porch: The front porch which encroaches into a front yard or side yard adjacent to a street shall have a minimum surface deck area of fifty square feet. The total area of any encroachment of the porch into a front yard or a side yard adjacent to a street shall not exceed one hundred fifty square feet;

(3)

Depth of Porch: The minimum depth of the porch shall not be less than five feet;

(4)

Enclosure Prohibited: The front porch shall be open and shall not be enclosed by any materials including, without limitation, glass or screens;

(5)

Railings: A railing not exceeding thirty-six inches in height measured from the floor of the porch may be provided on the periphery of the front porch;

(6)

Floor Height: The floor of the front porch shall not be more than thirty-six inches above grade or no higher than the first floor above grade whichever is less;

(7)

Roof Required: A minimum of sixty percent of the front porch shall be covered by a roof or a trellis that is an integrated extension of the existing structure;

(8)

Roof Height: No portion of a roof or trellis that encroaches into a front yard or side yard adjacent to a street shall be more than twelve feet in height when measured from the floor of the porch;

(9)

Foundation: The porch must be supported by columns or foundation walls affixed to the ground;

(10)

Requirements for Fences: A fence in the front yard or side yard adjacent to a street of a lot with a porch that encroaches into either setback built in conformance with the standards set forth in this section shall not exceed forty-two inches in height. The lower thirty inches may have a solid appearance. Any portion of the fence above thirty inches shall have at least a fifty percent non-opaque appearance;

(11)

Modification of Existing Porches: An existing porch which encroaches into a front yard or side yard adjacent to a street may be modified in compliance with these standards;

(12)

Unlawfully Enclosed Porches: Dwelling units with previously existing porches that encroached into a front yard or a side yard adjacent to a street and have been unlawfully enclosed shall not be eligible for porches permitted by this subsection; and

(13)

Side Yards Adjacent to a Street: A front porch may only extend into the side yard setback adjacent to a street if: a) that portion of the porch within the side yard adjacent to a street extends from the front yard around the corner of the structure into the side yard; b) does not exceed the depth of the front porch; and, c) the entire porch does not exceed the maximum size limitations set forth in this subsection.

(d)

Setback Encroachment for Individual Landmarks and Buildings Within Historic Districts: A front porch on an individual landmark or a contributing building within a historic district established by Chapter 9-11, "Historic Preservation," B.R.C. 1981, may be constructed within a front yard or side yard setback to the extent that the front porch is a restoration or replacement of a historically significant architectural feature. A historically significant front porch may be established through evidence which may include, without limitation, physical evidence, photographic documentation and original building plans. The adequacy of such evidence shall be subject to the review of, and approval by, the approval authority for an alteration certificate under Chapter 9-11, "Historic Preservation," B.R.C. 1981.

Ordinance Nos. 5764 (1995); 6046 (1999); 6083 (1999); 7041 (2000); 8409 (2020)

(a)

Permitted Height: The height permitted without review within the City is set forth in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, except as provided in Paragraph (b)(2) of this section and except under a form-based code review. Buildings greater than the permitted height may be approved under Section 9-2-14, "Site Review," B.R.C. 1981. Buildings developed under a form-based code review are subject to the minimum and maximum height standards established in Chapter 9-14, "Form-Based Code," B.R.C. 1981, and shall not exceed the height limit of Charter Section 84, "Height limit."

(b)

Measurement of Height: Height shall be measured as the vertical distance from the lowest point within twenty-five horizontal feet of the tallest side of the structure to the uppermost point of the roof or structure. The lowest point shall be calculated using the natural grade. The tallest side shall be that side whose lowest exposed exterior point is lower in elevation than the lowest exposed exterior point of any other side of the building (see Figure 7-4 Measurement of Height).

(1)

Modifications to Natural Grade: If there is evidence that a modification to the natural grade has occurred since the adoption of Charter section 84, "Height limit." B.R.C. 1981, on November 2, 1971, the city manager can consider the best available information to determine the natural grade. This may include, without limitation, interpolating what the existing grade may have been using the grade along property lines, topographic information on file with the City, or other information that may be presented to the city manager.

Figure 7-4: Measurement of Height

(2)

Slopes Greater Than Twenty Degrees: On a slope measured within the building envelope created by the required setbacks from property lines that is greater than twenty degrees (36.4 percent slope), the building height may not exceed twenty-five feet measured perpendicular from the natural grade below. (See Figure 7-5 of this section.) However, under no circumstances shall a structure exceed fifty-five feet as measured under charter section 84 except as provided for poles in Section 9-2-14, "Site Review," B.R.C. 1981. The slope percentage shall be calculated by measuring the difference between the high point and the low point within the building envelope and dividing it by the distance between the high and low points.

Figure 7-5: Building Height on a Slope Greater than Twenty Degrees

(c)

Nonconformity to Fifty-Five-Foot Limit: No addition to that portion of the building exceeding the current fifty-five foot height limitation is allowed for structures erected at a height conforming to the height limitations applicable at the time of their erection which are now nonconforming as to height. Appurtenances which meet the requirements of Section 9-7-7, "Building Height, Appurtenances," B.R.C. 1981, may exceed the fifty-five-foot height limit.

(d)

Nonconformity to Permitted Height: For existing buildings that exceed the height permitted in Section 9-7-1, "Schedule of Form and Bulk Standards," or Section 9-7-6, "Building Height, Conditional," B.R.C. 1981, the following changes require approval under Section 9-2-14, "Site Review," B.R.C. 1981:

(1)

Increasing the building's highest point as established by Subsection 9-7-5(b), "Measurement of Height," B.R.C. 1981;

(2)

Adding building elements or massing above the permitted or conditional height unless permitted by Section 9-7-7, "Building Height, Appurtenances," B.R.C. 1981; or

(3)

Adding floor area of buildings above the permitted or conditional height.

(e)

Height Calculations for Attached Buildings:

(1)

The following shall be considered separate buildings for the purposes of calculating building height:

(A)

Buildings that are connected only below grade (see Figure 7-6 of this section).

(B)

Separate abutting buildings that may have an internal connection (see Figure 7-7 of this section).

(C)

Buildings built to the common property line that may have an internal connection (see Figure 7-7 of this section).

(D)

Buildings attached by an at-grade open or enclosed connection not more than fifteen feet high and twelve feet deep (see Figure 7-8 of this section).

(2)

Separate buildings in compliance with Paragraph (e)(1) of this section, and which exceed the maximum permitted height allowed by Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, may be considered by the planning board pursuant to Section 9-2-14, "Site Review," B.R.C. 1981.

Figure 7-6: Below Grade Connection

Figure 7-7: Internal Connection

Figure 7-8: At-Grade Open or Enclosed Connection

Ordinance Nos. 7535 (2007); 7699 (2009); 8409 (2020); 8620 (2024); 8622 (2024); 8669 (2025); 8697 (2025)

(a)

High Density Residential District Review Criteria: In the RH zones, principal building height may be increased to forty feet if:

(1)

The building contains no more than three habitable floors;

(2)

The finished floor elevation of the highest habitable floor above grade does not exceed twenty-one feet in height calculated by the method set forth in Chapter 9-16, "Definitions," B.R.C. 1981; and

(3)

The slope of the roof is at least 1:2.

(b)

BC, BR, IS, IG, and IM District Review Criteria: For the purposes of this subsection, adjacent properties are properties which directly abut the subject property or are located directly across a right-of-way that is less than eighty feet wide from the subject property. In the BC-1, BC-2, BR-1, BR-2, IG, IM, IS-1, and IS-2 zoning districts, principal building height may be increased by up to five feet in excess of the maximum height set forth in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, if:

(1)

The property is not adjacent to any residential district; and

(2)

The property is not adjacent to any property designated for low, medium, or high density residential uses in the Boulder Valley Comprehensive Plan.

(c)

Downtown-5 (DT-5) Review Criteria: In the DT-5 zoning district, principal building height for a building located on a corner lot that faces two public streets may be increased by up to ten feet in height and up to three stories if:

(1)

The building contains no more than three stories above the finished grade;

(2)

The horizontal dimensions of the third story are no greater than fifty feet along the front yard street frontage by seventy feet along the side yard street frontage;

(3)

The vertical planes of the third story are located directly above the vertical planes of the stories below;

(4)

The zoning districts on the other three corners of the intersection where the property is located are within the DT-5 or the P zoning districts; and

(5)

The building is not within a historic district created under the provisions of Chapter 9-11, "Historic Preservation," B.R.C. 1981.

Ordinance Nos. 5930 (1997); 5971 (1998); 7079 (2000); 7169 (2001); 7522 (2007); 8013 (2014); 8409 (2020); 8620 (2024)

(a)

Appurtenances: Appurtenances may be added under the following circumstances:

(1)

The addition of an appurtenance to a building is permitted if it does not cause the building height to exceed the height allowed in Sections 9-7-5, "Building Height," and 9-7-6, "Building Height, Conditional," or Chapter 9-14, "Form-Based Code," B.R.C. 1981, as applicable, considering, for this purpose only, the uppermost point of the appurtenance to be the uppermost point of the roof.

(2)

The city manager may approve additions of appurtenances to buildings causing a building height to exceed the maximum permitted height if the following standards are met:

(A)

There is a functional need for the appurtenance;

(B)

The functional need cannot be met with an appurtenance at a lesser height; and

(C)

Visible materials and colors are compatible with the building to which the appurtenance is attached.

(3)

No appurtenance may have useable floor area except for mechanical equipment installations or be more than sixteen feet in height. Mechanical equipment, considered cumulatively, may not cover more than twenty-five percent of the roof area of the building. For the purposes of this paragraph, coverage means the total area enclosed by the screening and roof area means the outside top covering of a building which is parallel to the ground.

(4)

All mechanical equipment is screened from view, regardless of the height of the building, unless in the opinion of the city manager such screening conflicts with the function of the mechanical equipment. The city manager will determine if the screening of the equipment is adequate in form, materials and color based on the following criteria:

(A)

Screening is consistent with the building design, colors and materials;

(B)

Appurtenances are placed on the portion of the roof which is least visible from adjacent streets and properties;

(C)

The height of the screen is the minimum appropriate to adequately screen the mechanical equipment; and

(D)

Screening does not increase the apparent height of the walls of the building. The use of parapet walls to screen mechanical equipment is discouraged. The height of parapet walls should be the minimum necessary to screen mechanical equipment.

(5)

A parapet wall may exceed the height requirements of this title by up to eighteen inches if the parapet is necessary to accommodate rooftop drainage or to provide fire protection.

(6)

An applicant may appeal the decision of the manager under this section to the planning board under the procedures set forth in Section 9-2-7, "Development Review Action," B.R.C. 1981.

(b)

Landmarked Appurtenances: Notwithstanding any other provision of this section, appurtenances of buildings landmarked under Chapter 9-11, "Historic Preservation," B.R.C. 1981, may be repaired or restored to their previous height, upon approval of the landmarks board. If the board approves such a repair or restoration, the approval is not effective until thirty days after the date of its approval. Promptly after the approval of the repair or restoration, the city manager will forward to the city council a written report, including a description of the repair or restoration and the reasons for the approval. The manager will publish notice of the approval once in a newspaper of general circulation in the City within thirty days after the approval is granted by the board. Upon receiving such report and at any time before the effective date of the approval, the council may rescind the approval and call-up the request for its consideration at a public hearing, which constitutes a revocation of the approval.

(c)

Rooftop Solar Systems: Rooftop solar systems shall comply with the requirements of this subsection:

(1)

The rooftop solar system may exceed the roof area coverage requirements in Paragraph (a)(3) if:

(A)

The system is under fifty-five feet in height; or

(B)

The system complies with the following limitation for buildings or rooftop solar systems that exceed fifty-five feet in height. The rooftop solar system is:

(i)

Mounted so that the solar panels are no greater than two feet from a plane parallel to the surface of a roof with a pitch of greater than 2:12.

(ii)

Mounted so that the solar panels are no greater than ten feet from the surface of a flat roof with a pitch of less than 2:12.

(iii)

On a parking garage in nonresidential zoning districts, mounted so that the panels are no greater than ten feet from the surface of the highest deck of the parking or parapet wall on the building.

(2)

The city manager may vary any screening requirement for mechanical equipment if such screening will interfere with the efficient operation of the rooftop solar system.

(3)

A rooftop solar system is not required to be accessory to the building upon which it is located.

(4)

If a proposed rooftop solar system is located on a building subject to an approved planned unit development or site review, the application shall meet the standards of this section and the changes to the approved plans shall be reviewed under the standards of Section 9-2-14, "Site Review", B.R.C. 1981, except that a review under the standards of Section 9-2-14, B.R.C. 1981, is not required for flush-mounted rooftop solar systems. For the purposes of this paragraph, flush-mounted means installed directly to the roof in a manner where the solar system is parallel to the roof pitch at no more than eight inches in height above the surface of the roof.

Ordinance Nos. 7613 (2008), 7768 (2010), 8357 (2019); 8409 (2020); 8515 (2023); 8669 (2025)

(a)

Maximum Building Coverage: In an RR, RE, RL or RMX-1 residential zoning district, unless the property has been designated as an individual landmark or is located within a historic district under Chapter 9-11, "Historic Preservation," B.R.C. 1981, the total cumulative building coverage of accessory buildings or structures between the principal building rear yard setback and the rear yard property line shall not exceed five hundred square feet. For a property that has been designated as an individual landmark or is located within a historic district under Chapter 9-11, "Historic Preservation," B.R.C. 1981, such total cumulative building coverage may be increased to permit the addition of one new accessory building or structure of up to five hundred square feet of coverage if such property has existing structures within the principal building rear yard setback area. There shall be no limitation on building coverage for accessory buildings or structures located entirely within the principal building envelope except as set forth in the definition of "accessory building or structure," in Chapter 9-16, "Definitions," B.R.C. 1981.

(b)

Connections Between a Dwelling Unit and an Accessory Building Located Within the Principal Building Envelope: In a residential zoning district, a detached dwelling unit may be connected to an accessory building by a breezeway that is built in compliance with the principal building setback standards set forth in this chapter, or the principal building setback standards in place at the time of its construction, if the breezeway meets the following standards:

(1)

The sides of the breezeway shall be completely open except for structural support columns and the walls of the accessory structure and the dwelling unit to which it is attached.

(2)

No useable floor area is located above the breezeway.

(3)

The accessory building and the dwelling unit shall comply with the use limitations for such buildings set forth in Chapter 9-16, "Definitions," B.R.C. 1981.

(4)

A breezeway shall be classified as building coverage for purposes of calculating the required open space for the dwelling unit.

(c)

Breezeway Connections Between Accessory and Principal Buildings: In a residential zoning district, a detached dwelling unit may be connected to an accessory building which is located partially or entirely within principal building rear yard setback by a breezeway if the breezeway meets the following standards:

(1)

No portion of the roof shall exceed a height of twelve feet, measured to the finished grade directly below it, or the height of the accessory building to which it is attached, whichever is less. (See Figure 7-9 of this section.)

(2)

No walkways are permitted on the roof of a breezeway.

(3)

The width of the breezeway, measured from the outside edge of the supporting columns, shall not exceed six feet.

(4)

Each eave, measured from the outside edge of the supporting columns, to the fascia, shall not exceed eighteen inches.

(5)

The sides of the breezeway above grade shall remain completely open except for structural support columns and the walls of the accessory building and the detached dwelling unit to which it is attached.

(6)

The breezeway shall be set back from the interior side yard the greater of ten feet or the minimum principal building side yard setback for the underlying zoning district.

(7)

Any portion of a breezeway that is located within the principal building rear yard setback shall be included in the maximum coverage limitations for accessory buildings set forth in subsection (a) of this section.

(8)

A breezeway may be building coverage pursuant to Section 9-16-1, "General Definitions, B.R.C. 1981 and subject to Section 9-7-11, "Maximum Building Coverage," B.R.C 1981.

Figure 7-9: Breezeway

Ordinance Nos. 7210 (2002); 7401 (2004); 7577 (2007); 8409 (2020); 8651 (2025); 8697 (2025)

(a)

Purpose: Buildings with tall side walls may impact privacy, views or visual access to the sky on neighboring properties. The purpose of this side yard bulk plane standard is to ensure that buildings step down towards neighboring properties in order to enhance privacy, preserve some views and visual access to the sky for lots or parcels that are adjacent to new development.

(b)

Scope: All construction related to principal and accessory buildings shall comply with the bulk plane requirements of this section. This section applies to all construction related to buildings, including new construction, building addition or modification of existing buildings as follows:

(1)

All residential principal and accessory buildings in the RR-1, RR-2, RE and RL-1 zoning districts; and

(2)

All principal and accessory buildings that are used as detached dwelling units in the RMX-1 zoning district.

(c)

Measurement standards: The bulk plane is a plane that begins twelve feet above the side lot lines of a lot or parcel, then rises over a slope at a forty-five-degree angle until it reaches the permitted height in the zoning district or intersects with the plane that is created by the lot line on the opposite side of the lot or parcel. See Figure 7-10.

Figure 7-10: Side Yard Bulk Plane

The bulk plane begins at a point twelve feet above the side yard property line and then angles forty-five degrees until the bulk plane reaches the maximum building height or intersects with the plane that is created by the lot line on the opposite side of the lot or parcel.

The bulk plane shall be measured from the points described in Paragraph (1) or (2) below using one of the following methods:

(1)

Grade level point method: The bulk plane shall be measured from the grade level elevation points, which are found along the side property lines, that coincide with location of the midpoint of the lot or parcel, described as points that are equal distance between the front and rear yards. The grade level points shall be as close as possible to the natural grade, and in case a retaining wall is located on the side property line, the ground level point shall be taken from the base of the wall. See Figure 7-11. An applicant may request that the city manager determine the location of the grade level points and corresponding bulk plane for irregularly shaped lots or parcels, including flag lots; or

Figure 7-11: Side Yard Bulk Plane Measurement Using the Grade Level Point Method

Using the grade level point method, the bulk plane is measured from the midpoint between the front and rear yard setbacks.

(2)

Parallel points method: The bulk plane shall be measured from a series of measurement points that are separated horizontally by ten feet along the side yard property line. The measurement points shall be as close as possible to the natural grade, and in case a retaining wall is located on the side property line, the measurement point shall be taken from the base of the wall. See Figure 7-12.

Figure 7-12: Side Yard Bulk Plane Measurement Using the Parallel Point Method

Using the parallel point method, the bulk plane is measured from a series of measurement points that are separated by ten feet along the side yard property line.

(d)

Encroachments: No building or portion thereof shall be constructed or maintained beyond the required bulk plane except as provided for below:

(1)

Any encroachment approved pursuant to Section 9-11-12, "Landmark Alteration Certificate Required," B.R.C. 1981, for an individual landmark or within a historic district.

(2)

Roof overhangs or eaves for the primary roof, provided that the roof overhang or eaves do not extend more than thirty inches horizontally beyond the bulk plane limit. The primary roof is the dominant roof element that generally includes the uppermost portion of the roof, such as the ridgeline of a sloping roof. The primary roof is not the gable end of a sloping roof form or a dormer, as described in this section.

(3)

A rooftop solar system, that is: (A) flush-mounted to the roof; or (B) mounted at up to a fifteen-degree angle measured from a horizontal plane, provided that the roof structure supporting the solar system does not extend beyond the bulk plane limit.

(4)

The gable end of a sloping roof form (see Figure 7-13), provided that:

(A)

The roof ridge of the gable end does not extend more than eight feet beyond the bulk plane limit, including any roof overhang.

(B)

The portion of the gable end that extends beyond the bulk plane limit has a maximum width of forty feet, including any roof overhang.

Figure 7-13: Gable Roof End Encroachment into the Side Yard Bulk Plane

The gable end of a sloping roof form may project through the side yard bulk plane by up to eight feet. Gable ends that project through the side yard bulk plane may be no more than forty feet wide.

(5)

Dormers (see Figure 7-14), provided that:

(A)

The highest point of any dormer is at or below the height of the primary roof ridge.

(B)

The portion of any dormer that extends beyond the bulk plane limit does not exceed a maximum width of eight feet, including any roof overhang, and does not extend beyond the bulk plane more than six feet, measured as shown in Figure 7-14.

(C)

The combined width of all dormers encroaching beyond the bulk plane does not exceed fifty percent of the length of the roof on which they are located.

(D)

The space between dormers is not less than one-half the width of the adjacent dormer or the average of the two if they are different sizes, whichever is greater.

Figure 7-14: Dormer Encroachment beyond the Side Yard Bulk Plane

A dormer may project through the side yard bulk plane by up to six feet. A dormer that projects through the side yard bulk plane may be no more than eight feet wide.

(6)

A chimney that is no more than seventy inches wide and thirty inches deep.

(7)

Appurtenances that are otherwise permitted under Section 9-7-7, "Building Height, Appurtenances," B.R.C. 1981.

(8)

Insubstantial encroachments that are small and do not substantially increase the bulk of the building, including, without limitation, radio or television antennae, small architectural details or sculptural elements or weather vanes.

(e)

Exemptions:

(1)

Lots with an average width less than forty-five linear feet. Width measurements would be taken at the front yard setback, midpoint of the lot and rear yard setback to determine the average lot width.

(2)

Lots that have less than four thousand square feet.

(3)

The bulk plane standards shall not apply to an interior side yard of a lot that is adjacent to a lot that includes either a nonresidential principal land use or a lot that includes two or more dwelling units within twenty feet of the property line for the length of the nonresidential building or the principal building of such dwelling units.

Ordinance Nos. 7684 (2009); 8409 (2020); 8666 (2025); 8651 (2025); 8697 (2025)

(a)

Purpose: Buildings with tall side walls may impact privacy, views or visual access to the sky on neighboring properties. The purpose of the side yard wall articulation standard is to reduce the perceived mass of a building by dividing it into smaller components, or to step down the wall height in order to enhance privacy, preserve views and visual access to the sky for lots or parcels that are adjacent to new development.

(b)

Scope: All construction related to principal and accessory buildings shall comply with the side yard wall length articulation requirements of this section. This section applies to all construction related to buildings, including new construction, expansion or modification of existing buildings as follows:

(1)

All residential buildings in the RR-1, RR-2, RE and RL-1 zoning districts, including lots located in planned developments, planned residential developments and planned unit developments.

(2)

All buildings that are used detached dwelling units in the RMX-1 zoning district, including lots located in planned developments, planned residential developments and planned unit developments.

(3)

In the RL-2 zoning district, the requirements shall apply to all lots and parcels that are within the boundaries of a planned development, planned residential development and planned unit development that are shown on Appendix H of this title.

(c)

Side Yard Wall Standards: Along each side yard property line, the cumulative length of any walls that exceed a height of fourteen feet shall not exceed forty feet in length, unless they are set back at least fourteen feet from the side property line (see Figure 7-15). For the purposes of this section, wall height shall be measured from finished grade as follows:

(1)

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

(2)

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

(3)

Window wells or door wells as described under Subparagraph 9-8-2(e)(1)(D) shall not be counted as part of the wall height.

Figure 7-15: Side Yard Wall Length Articulation Examples

(d)

Exemptions:

(1)

Individual Landmarks and Buildings Within Historic Districts. No wall shall be constructed or maintained in excess of the required wall articulation standards of this section except for any construction approved pursuant to Section 9-11-12, "Landmark Alteration Certificate Required," B.R.C. 1981, for an individual landmark or for a property within a historic district.

(2)

Lots with an average width less than forty-five linear feet. Width measurements would be taken at the front yard setback, midpoint of the lot and rear yard setback to determine the average lot width.

(3)

Lots that have less than four thousand square feet.

(4)

The side yard wall articulation standards shall not apply to an interior side yard of a lot that is adjacent to a lot that includes only a nonresidential principal land use.

Ordinance Nos. 7684 (2009); 7706 (2009); 8409 (2020); 8599 (2024); 8620 (2024); 8651 (2025); 8666 (2025) 8697 (2025)

(a)

Purpose: The purposes of the building coverage standards are to establish the maximum percentage of lot surface that may be covered by principal and accessory buildings to preserve open space on the lot, and to preserve some views and visual access to the sky and enhance privacy for residences that are adjacent to new development.

(b)

Scope: All construction related to principal and accessory buildings shall comply with the building coverage requirements of this section. This section applies to all construction related to residential buildings, including new construction, building additions or modification of existing buildings as follows:

(1)

All residential and principal and accessory buildings in the RR-1, RR-2, RE and RL-1 zoning districts, including lots located in planned developments, planned residential developments and planned unit developments.

(2)

All principal and accessory buildings that are used as detached dwelling units in the RMX-1 zoning district, including lots located in planned developments, planned residential developments and planned unit developments.

(3)

In the RL-2 zoning district, the requirements shall apply to all lots and parcels that are within the boundaries of a planned development, planned residential development and planned unit development that are shown on Appendix H of this title.

(c)

Maximum Building Coverage: All principal and accessory buildings shall be constructed in a manner that does not exceed the maximum building coverage in Table 7-2 below. For projects subject to site review in Section 9-2-14, "Site Review," B.R.C. 1981, the building coverage calculation shall be based upon each dwelling unit that is proposed for the property.

TABLE 7-2: MAXIMUM BUILDING COVERAGE FOR RESIDENTIAL LAND USES

(d)

Encroachments: No building or portion thereof shall be constructed or maintained in violation of the building coverage requirements of this section, except for any construction approved pursuant to Section 9-11-12, "Landmark Alteration Certificate Required," B.R.C. 1981, for an individual landmark or within a historic district.

Ordinance Nos. 7684 (2009); 7706 (2009); 8409 (2020); 8599 (2024); 8666 (2025); 8651 (2025)

(a)

Standards: In an RM-2, RM-3, RH-1, RH-2 or RH-5 district, two detached dwelling units may be placed and maintained as principal buildings on a lot which fronts on two public streets other than alleys, if the following conditions are met:

(1)

Each principal building shall have adjacent to it and convenient to use by its occupants a landscaped area of at least one hundred twenty square feet, with no side less than ten feet in length, and with privacy screening. The screening requirement may be met through any combination of building placement, landscaping, walls or fencing;

(2)

A uniform landscape plan shall be provided and executed, and all existing trees over three inches in caliper measured four inches above the ground shall be preserved, unless this requirement is waived by the city manager for good cause;

(3)

Privacy fencing or visual buffering of parking areas is provided;

(4)

Each principal building has separate utility services in approved locations;

(5)

All utilities are underground for each principal building unless this requirement is waived by the city manager for good cause;

(6)

New principal buildings are compatible in character with structures in the immediate vicinity, considering mass, bulk, architecture, materials and color. In addition, the second principal building placed on a lot shall meet the following requirements:

(A)

The second floor shall not exceed sixty percent of the area of the first floor;

(B)

Only two floors, exclusive of lofts or towers with floors no larger than one hundred square feet in the aggregate, shall be above grade;

(C)

The above grade floor area shall not exceed one thousand two hundred square feet. The floor area for a single-car detached garage which does not exceed two hundred forty square feet and is a minimum of five feet from another principal structure may be added to the one thousand two hundred square feet if the additional floor area does not exceed the FAR in Subparagraph (a)(7)(D) of this section; and

(D)

The FAR shall not exceed 0.45, calculated as follows:

(i)

All above grade floor area, garages, accessory structures, courts and basements which are located below a floor level which is more than thirty inches above the natural grade shall be included in the floor area; and

(ii)

If a subdivision request for the lot is part of the application under this section, the new lot upon which the building will be located shall be the basis for the FAR. If there is no subdivision application, the smaller building site for FAR calculations shall be forty percent of the lot, or such larger portion not to exceed sixty percent as the city manager shall approve as constituting a reasonable lot consistent with the requirements which would have to be met were the lot to be subdivided; and

(E)

If the second principal building is the rear building, the roof eaves exclusive of dormers on the alley face of the building shall not be more than twelve feet above grade;

(F)

If the second principal building is the rear building, the exterior wall surface area on the alley face of the building over nine feet above the grade of the alley shall not exceed seventy-five percent of the area of that face below nine feet. Exterior wall surface area on the alley face shall include all surfaces which face the alley steeper than a 12/12 pitch which are within ten feet of the wall surface closest to the alley; and

(G)

The building height of the second principal building, if it is located at the rear of the lot, shall not exceed twenty-five feet.

(H)

Setback requirements shall be modified as follows:

(i)

New principal buildings shall maintain the side yard setback requirements for the RM-2 zoning district of Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, regardless of the zoning district in which the lot is located;

(ii)

At least ten feet shall be maintained between the principal buildings;

(iii)

The front yard setback requirement of Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, shall be met for the front building;

(iv)

If there is an alley at the rear twenty feet or more in width, then there shall be no rear yard setback requirement for the rear building;

(v)

If the alley is less than twenty feet wide at the rear for lots which have frontage on two public streets, the rear yard setback for the rear building shall be five feet; and

(vi)

If there is no alley at least fifteen feet wide for lots which have frontage on two public streets, the rear yard setback requirement of Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, must be met for the rear building.

(b)

Subdivision: If two principal buildings are to be or have been constructed on a lot pursuant to subsection (a) of this section, such lot may be subdivided, upon application, into two lots, one for each principal building, if the following requirements are met:

(1)

The smaller of the two lots is at least forty percent of the square footage of the original lot;

(2)

The lot line created between the two principal buildings shall be substantially perpendicular to the side lot lines;

(3)

The subdivision in all other respects complies with the subdivision requirements of Chapter 9-12, "Subdivision," B.R.C. 1981, except as those requirements are modified by this section concerning street frontage, density and open space requirements and setbacks; and

(4)

The subdivision agreement recites all of the conditions of this section as continuing limitations on future buildings and uses of each lot, and that one or both lots, whichever may be the case, are nonconforming lots containing nonconforming buildings whose change to or expansion of use, lot or building is subject to the provisions of this title or their successors concerning nonconformity.

Ordinance Nos. 5623 (1994); 7522 (2007); 7684 (2009); 8696 (2025)

No person shall establish or maintain a mobile home park or mobile home on a lot within a mobile home park except in accordance with the following standards:

(a)

Mobile Home Park Form and Bulk Summary Table: Development within a mobile home park in the MH zoning district shall comply with the standards shown in Table 7-3 and illustrated in Figure 7-16 of this section.

TABLE 7-3: MOBILE HOME PARK DESIGN STANDARDS (MH DISTRICT)

Figure 7-16: Mobile Home Park Setback & Separation Standards

The minimum setback from the exterior perimeter property lines of the mobile home park depends on the zoning district. All other setback requirements apply in all mobile home parks. The required setback from a private drive or internal public street is measured from the edge of pavement. The required tongue setback is measured to the edge of the sidewalk or pedestrian walkway. See Table 7-2 for corresponding setbacks and separation standards.

(b)

Area Requirements: In determining the required yard and space areas, the use of double-wide mobile homes and accessory structures shall be considered. The minimum average lot area per mobile home does not include additional area required by this chapter for access roads, off-street parking and storage areas, service buildings, recreation areas and office and similar mobile home needs.

(c)

Driveways: Paved driveways with a minimum width of ten feet shall be provided where necessary for convenient access to each mobile home.

(d)

Modification of Setbacks From the Exterior Perimeter Property Lines of the Mobile Home Park: Mobile home setback distances along mobile home park exterior perimeter property lines adjacent to other lots may be modified as part of a site review or use review approval if the mobile home park owner demonstrates that there is a need for such modifications and that no detrimental effect will result to uses on adjoining properties or to residents of the mobile home park.

(e)

Obstructions Prohibited: No mobile home or portion thereof shall overhang or obstruct any driveway, access road or walkway.

(f)

Screening: All mobile home parks adjacent to other residential uses, commercial uses or industrial uses shall be provided with screening, such as opaque fencing or landscaping, along the property lines separating the mobile home park from such adjacent land uses.

Ordinance Nos. 7684 (2009); 7699 (2009); 8409 (2020); 8696 (2025); 8697 (2025)