Boulder City Zoning Code
LAND USE
AUTHORITIES AND DECISION MAKING
§ 153.040 LAND USE AUTHORITIES PROVIDED.
The land use authorities identified by this chapter shall have responsibilities for administering this chapter and all other land use ordinances, as allowed by the Act and as provided herein.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 301)
§ 153.041 BOULDER TOWN COUNCIL.
(A) Powers and duties. For purposes of this chapter, the Town Council (hereinafter “Council”) shall:
(1) Adopt the Town General Plan, all elements thereof, and all amendments thereto;
(2) Adopt all town land use ordinances, including this chapter, all provisions and requirements thereof and all amendments thereto;
(3) Direct the Town Planning Commission to prepare the General Plan, any proposed plan element, any amendments thereto, and to submit such proposed plan, element or amendments to the Council;
(4) Direct the Town Planning Commission to prepare all land use ordinances, including this chapter, zoning districts maps, official maps and all amendments thereto, and to submit such land use ordinances and maps, or amendments thereto, to the Council;
(5) Act as an appeals authority, as provided by herein;
(6) Render, or appoint a designee to render, a determination when an applicant asserts a deprivation of property rights, or has been subject to a taking of property without just compensation, or has asserted some other constitutional invalidity, as provided herein;
(7) Establish a fee schedule for all approvals, permits and licenses required by the town’s land use ordinances, including this chapter; and
(8) Take such other action(s) as authorized by this chapter or the Act and not expressly delegated to another land use authority.
(B) Effective date of decisions. All decisions of the Council made under the authority of this chapter shall take effect on the date of the meeting when the decision is made, unless a different date is designated in the rules of the Council, or a different date is designated by the Council at the time the decision is made.
(C) Council meeting minutes. The approved minutes of Council meetings, attested to by a majority vote of the Council, shall constitute the official record of such meetings, and shall be filed in the office of the Town Clerk. All such records shall be available for public review and access in accordance with the laws of the state.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 302)
§ 153.042 BOULDER TOWN PLANNING COMMISSION.
The Town Planning Commission (hereinafter “Commission”) was heretofore created and established pursuant to the Act, or prior enactments thereof.
(A) Powers and duties. The Commission shall be an advisory body to the Council on legislative matters, including the General Plan and land use ordinances. The Commission shall:
(1) Prepare, or cause to be prepared, the General Plan, all elements thereof, and all amendments thereto, and to submit such plan, elements or amendments to the Council;
(2) Prepare or cause to be prepared all land use ordinances, including this chapter, all standards, and requirements thereof, and all amendments thereto, and to submit such ordinances, standards, requirements, and all amendments to the Council;
(3) Prepare or cause to be prepared all official maps, all standards and requirements thereof, and all amendments thereto, and to submit such maps, standards, requirements and all amendments to the Council;
(4) Review and recommend approval or denial of all General Plan amendment applications and all land use ordinance amendment applications to the Council;
(5) Review and approve, approve with conditions or deny all conditional use applications;
(6) Review and recommend approval, approval with requirements or denial of all petitions for annexation to the Council;
(7) Review and recommend approval, approval with requirements or denial of all applications to establish an agricultural protection area;
(8) Act as an appeals authority, as provided herein;
(9) Adopt bylaws, policies and procedures for the conduct of the duties and meetings of the Commission, for the consideration of applications, and for any other purposes deemed necessary by the Commission, if such bylaws, policies and procedures are approved by the Council before taking effect; and
(10) Advise the Council on other matters, as the Council may direct.
(B) Qualifications for membership. Members of the Planning Commission shall be appointed by the Mayor with the advice and consent of the Council.
(C) Membership; appointment, removal, terms and vacancies.
(1) The Planning Commission shall be composed of five regular members, and one alternate member, appointed by the Mayor, with the advice and consent of the Council.
(2) The Council, after finding cause, may remove any member of the Commission for a violation of this chapter or any policies or procedures adopted by the Commission following receipt of a written complaint filed against the member. The Council shall provide the member with a hearing, if requested.
(3) Members of the Commission may be compensated on a per diem basis, based upon meetings actually attended and reasonable and necessary expenses, as determined by the Council.
(4) All members of the Commission, including the alternate member, shall serve a term of five years. No member shall serve more than two consecutive full terms. If any member begins serving his or her term and then resigns, or is unable to complete his or her term, a replacement shall be appointed. The service of a replacement member during the remainder of an unexpired term shall not constitute a full term. Consequently, a replacement member may serve the remainder of a former member’s term and then be eligible to also serve two consecutive full terms, if so appointed.
(5) At an annual organizational meeting to be held the first regular meeting in January, and at other times as required, the members of the Commission shall elect one of their members as Chair and one of their members as Vice-Chair. In the absence of the Chair, the Vice-Chair shall act as Chair and shall have all powers of the Chair. The Chair shall serve a term of two years. No member shall serve as Chair for more than two consecutive terms.
(6) The Chair, or in the Chair’s absence the Vice-Chair, shall be in charge of all proceedings before the Commission, and shall take such actions as necessary to preserve order and the integrity of all proceedings before the Commission.
(D) Recording Secretary. The Council shall appoint a Recording Secretary to serve the Commission. The Recording Secretary shall keep the minutes of all proceedings of the Commission, which minutes shall be the official record of all proceedings before the Commission, attested to by a majority vote of the members of the Commission. The Recording Secretary shall be compensated as approved by the Council.
(E) Quorum and necessary vote. No meeting of the Commission may be called to order, nor may any business be transacted without a quorum consisting of at least three members of the Commission being present. The Chair and the alternate member shall be included for purposes of establishing a quorum and shall act as a voting member of the Commission. The alternate member shall attend the meetings and, in the event of any absence of any regular member at a meeting, the alternate shall assume a regular member place on the Commission and shall vote in that place at that meeting. In the event that all five regular members are in attendance, the alternate shall sit in on the meeting and have a voice, but shall not have a vote. All actions of the Commission shall require a roll call vote of the Commissions duly seated at a meeting with a majority of said members voting in the affirmative.
(F) Meetings, hearings and procedure.
(1) The Commission shall establish a regular meeting schedule.
(2) Special meetings may be requested by the Council, the Chair of the Commission or a majority of the members of the Commission.
(3) If a matter is postponed due to lack of a quorum, the Chair shall reschedule the matter to the next available Commission meeting. The Recording Secretary shall notify all interested parties and all members of the Commission of the date when the rescheduled matter will be heard by the Commission.
(G) Effective date of decisions. All decisions of the Commission shall become effective on the date of the meeting when the decision is made unless a different date is designated in the rules of the Commission, or the Commission designates a different date when the decision is made.
(H) Commission members volunteers. Members of the Commission shall be deemed “volunteers” for the purposes of town ordinances, rules, regulations, and policies concerning personnel; provided, however, Commission members shall be included in the definition of “employee” for the purposes of the state’s Governmental Immunity Act.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 303; Ord. 2017-01, passed 3-2-2017; Ord. 2018-5, passed 12-6-2018; Ord. 2024-4, passed - - )
§ 153.043 BOARD OF ADJUSTMENT.
The Town Board of Adjustment (hereinafter the “BOA”) was heretofore created and established pursuant to the Act, or prior enactments thereof.
(A) Powers and duties. The BOA shall:
(1) Recommend to the Council and Commission amendments to the General Plan or any elements thereof, as the BOA considers necessary;
(2) Recommend to the Council and Commission amendments to any land use ordinance, including this chapter, and any amendments to any provision or requirements thereof, as the BOA considers necessary;
(3) Recommend to the Council and Commission amendments to any official maps, all provisions and requirements thereof, as the BOA considers necessary;
(4) Review and approve, approve with requirements, or deny all variance applications, with a finding of an unreasonable hardship, as required by the Act, and as provided herein;
(5) Render a decision on a determination of a legal non-conforming use, as provided herein;
(6) Render a decision on a determination of a legal non-complying structure, as provided herein;
(7) Render a decision on any other legal non-conformity, as provided herein; and
(8) Adopt bylaws, policies and procedures for the conduct of the duties and meetings of the BOA, for the consideration of applications and for any other purposes deemed necessary by the BOA; provided that, such bylaws, policies and procedures shall be approved by the Council before taking effect.
(B) No authority. The BOA shall have no power, jurisdiction or authority to consider any of the following:
(1) To hear any amendments, waivers or modifications to any of the standards governing the approval of any General Plan amendment application or any land use ordinance amendment application;
(2) To hear any amendments, waivers or modifications to the General Plan, any element, provision or map thereof, or any provision or requirement of any land use ordinance, including this chapter, any zoning districts maps and any official maps;
(3) To make any decisions or determinations that would have the effect of authorizing a use which is not identified in the tables of uses, as provided herein; and
(4) To hear or decide any matter or application not expressly identified by division (B)(1) above.
(C) Qualifications for membership. Members of the BOA shall be appointed by the Mayor, with the advice and consent of the Council.
(D) Membership; appointment, removal, terms and vacancies.
(1) The BOA shall be composed of five members.
(2) Members of the BOA may be compensated on a per diem basis, based upon meetings actually attended and reasonable and necessary expenses, as determined by the Council.
(3) All members shall serve a term of five years. No member shall serve more than two consecutive terms.
(4) The Council, after finding cause, may remove any member of the BOA for violation of this chapter or any policies or procedures adopted by the BOA following receipt of a written complaint filed against the member. The Council shall provide the member with a hearing, if requested.
(5) At an annual organizational meeting held the first regular meeting of the year, and at other times as required, the members of the BOA shall elect one of their members as Chair and one of their members as Vice-Chair. In the absence of the Chair, the Vice-Chair shall act as Chair and shall have all powers of the Chair. The Chair and Vice-Chair shall serve a term of two years. No member shall serve as Chair for more than two consecutive terms.
(6) The Chair or, in the Chair’s absence, the Vice-Chair of the BOA shall be in charge of all proceedings before the BOA, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the BOA.
(E) Recording Secretary. The Council shall appoint a recording secretary to serve the BOA. The Recording Secretary shall keep the minutes of all proceedings of the BOA, which minutes shall be the official record of all proceedings before the BOA, attested to by a majority of the members of the BOA voting. The Recording Secretary shall be compensated as approved by the Council.
(F) Quorum and necessary vote. No meeting of the BOA may be called to order, nor may any business be transacted, without a quorum consisting of at least three members of the BOA being present. The Chair shall be included for purposes of establishing a quorum and shall act as a voting member of the BOA. All actions of the BOA shall require the concurring vote of a majority of the total members of the BOA.
(G) Meetings, hearings and procedure.
(1) Regular meetings of the BOA shall be held as required.
(2) Special meetings may be requested by the Council, the Chair of the BOA or a majority of the members of the BOA.
(3) If a matter is postponed due to lack of a quorum, the Chair of the BOA shall reschedule the matter to the next available meeting. The Recording Secretary shall notify all interested parties and all members of the BOA of the date when the rescheduled matter will be heard.
(H) Effective date of decisions. All decisions of the BOA shall become effective on the date of the meeting when the decision is made unless a different date is designated in the rules of the BOA, or the BOA designates a different date when the decision is made.
(I) BOA members as volunteers. Members of the BOA shall be deemed “volunteers” for the purposes of town ordinances, rules, regulations and policies concerning personnel; provided, however, BOA members shall be included in the definition of “employee” for the purposes of the state’s Governmental Immunity Act.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 304)
§ 153.044 ZONING ADMINISTRATOR.
(A) General. The Council may designate a person to carry out the administrative responsibilities of this chapter and Ch. 152 of this code of ordinances. The person so designated is referred to herein as the “Zoning Administrator.”
(B) Powers and duties. The Zoning Administrator shall:
(1) Ensure all procedures and provisions of the town’s land use ordinances, including this chapter, are consistently and equitably applied;
(2) Approve, approve with requirements or deny the following applications:
(a) All temporary use applications; and
(b) All permitted use applications.
(3) Render interpretations of the text of this chapter, as provided herein;
(4) Render determinations of a zoning district boundary application, as provided herein; and
(5) Carry out all other functions, duties and actions as may be necessary to administer this chapter and as may be identified herein; and
(6) As appointed by the Town Council, serve as the Administrative Land Use Authority for review of Subdivision Applications.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 305; Ord. 2024-4, passed - - )
§ 153.045 ADMINISTRATIVE LAND USE AUTHORITY.
As outlined in the Boulder Town Subdivision Code § 152.100, subdivision applications and decisions shall be made by the Administrative Land Use Authority appointed by the Boulder Town Council.
(Ord. 2024-4, passed - - )
§ 153.046 SUPPORT.
The officers and staff of the town may provide support and assistance to the Council, Commission and BOA as required to effectively implement the General Plan, this chapter and Ch. 152 of this code of ordinances.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 306; Ord. 2024-4, passed - - )
§ 153.047 MEETINGS AND PUBLIC HEARINGS.
All meetings and hearings of all land use authorities identified herein shall comply with the provisions of this chapter, and all other applicable ordinances for such meetings and hearings and the requirements of the laws of the state for open and public meetings.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 307; Ord. 2024-4, passed - - )
§ 153.048 PROVISION OF ADMINISTRATIVE GUIDELINES.
All administrative documents, including application forms, instructions, and educational materials needed for the administration of this chapter shall be prepared and updated, as necessary, by the Zoning Administrator, with the advice of the Planning Commission.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 308; Ord. 2023-1, passed 12-7-2023; Ord. 2024-4, passed - - )
§ 153.049 COMPUTATION OF TIME.
(A) Unless specifically provided by the requirements of this chapter as otherwise, all times identified herein shall be computed using calendar days; except that, if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded and time computed to the next regular business day following the Saturday, Sunday or legal holiday.
(B) The time within which an act is to be done shall be computed by excluding the first day and including the last day.
October 2025
(C) For actions related to subdivision applications, review, and decisions as outlined in Chapter 152, time requirements are measured in business days.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 309; Ord. 2024-4, passed - - )
§ 153.050 FRACTIONAL NUMBERS.
(A) In determining compliance with the numerical requirements of this chapter, any computation or measurement resulting in a fractional number, except density calculations, shall be rounded to the nearest whole number.
(B) Density calculations shall be rounded down to the nearest whole number.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 310; Ord. 2024-4, passed - - )
§ 153.051 PROCEDURAL IRREGULARITIES.
(A) Validity of action. Notwithstanding any provision of this chapter which sets forth a procedure for any matter herein, no decision, action, inaction or recommendation regarding the matter which is the subject of the procedure shall be void or invalid or set aside by a court due to any error (including, but not limited to, any irregularity, informality, neglect or omission) which pertains to an application, notice, decision, finding, record, hearing, report, recommendation or any other procedural matter whatsoever unless:
(1) The procedure is required by state or federal law; and
(2) In an examination of the entire circumstances, including the evidence, the court is of the opinion that the procedural error complained of was prejudicial to a substantial right of the complainant as shown by the following:
(a) Had the error not occurred the decision made pursuant to the procedure would have been different; and
(b) Because of the error, the complainant suffered an injury for which relief must be given.
(B) Presumption of validity.
(1) The court shall presume that a decision or action taken pursuant to a procedure was done in good faith and shall not presume that an error is prejudicial, or that an injury occurred.
(2) The complainant shall have the burden of proof by a preponderance of the evidence to show that an error is prejudicial or that an injury occurred.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 311; Ord. 2024-4, passed - - )
§ 153.052 DETERMINATION OF COMPLETENESS OF LAND USE APPLICATIONS.
As provided for by the Act, the Zoning Administrator shall determine a land use application submitted and complete on the date when the application is provided in a form that complies with the requirements of this chapter, as applicable, and all applicable application fees have been paid.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 312; Ord. 2024-4, passed - - )
§ 153.053 CONTINUING VALIDITY OF LAND USE APPLICATION APPROVALS.
(A) The validity of an approval of a land use application shall terminate 180 calendar days from the date of the approval by the land use authority unless an alternative date is specifically provided by the applicable land use ordinance, or the applicant has proceeded within 180 calendar days from the date of approval with reasonable diligence to implement the approval.
(B) The validity of an approval of a land use application shall expire and shall be invalid and null and void after 180 calendar days from the date of approval by the land use authority or after the expiration of the time provided by the alternative date, as provided by the applicable land use ordinance.
(C) An approval by a land use authority shall be invalid and null and void if a use is conducted, or a building or structure is established in violation of any requirements of the town’s land use ordinances, including this chapter.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 313; Ord. 2024-4, passed - - )
§ 153.054 LAND USE AUTHORITY COMPLIANCE WITH LAND USE ORDINANCES.
Each land use authority, as identified herein, shall comply with all terms and standards of all applicable land use ordinances, including this chapter.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 314; Ord. 2024-4, passed - - )
§ 153.055 LAND USE APPROVALS REQUIRED TO COMPLY WITH LAND USE ORDINANCES.
The approval of any land use application:
(A) Shall continue to comply with all requirements, conditions, terms and standards of approval, as required by the land use authority; and
(B) Shall continue to comply with the requirements of all land use ordinances, including this chapter.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 315; Ord. 2024-4, passed - - )
§ 153.056 ACQUIRING PROPERTY.
(A) The town may acquire property through purchase, gift, voluntary dedication or eminent domain.
(B) The town may require the dedication and improvement of a street or other public facility, if the street or other facility is found necessary by the town because of a land use application approval.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 316; Ord. 2024-4, passed - - )
§ 153.057 EXACTIONS.
A land use authority may impose an exaction, or exactions, on a land use application if:
(A) An essential link exists between a legitimate governmental interest and each exaction; and
(B) Each exaction is roughly proportionate, both in nature and in extent, to the impact of the proposed development.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 317; Ord. 2024-4, passed - - )