RIGHT TO VOTE ON LAND USE
Section 43A. Neighborhoods’ Right to Vote on Land Use Regulation Changes
The purpose of this Section is to ensure that residents of neighborhoods have a voice in changes to land use regulations that may have impacts on their quality of life, neighborhood character, or property values. Such changes may include but are not limited to those that increase the maximum allowable building heights, floor areas, or occupancy limits, and changes in allowable uses within residential neighborhoods.
For purposes of this Section, “residential neighborhood” shall mean a contiguous area reasonably demarcated by the City, including the neighborhoods commonly known by the names listed in Appendix A, as well as other neighborhoods the City may reasonably identify, and that contains at least a portion of the MH, RE, RL-1&2, RM-1,2&3, RMX-1&2, RH-1-7, or RR-1&2 zoning districts as set forth in the Boulder Revised Code as of the passage of this Section.
No proposed changes to city regulations for one or more residential neighborhoods that would do one or more of the following for part or all of any residential neighborhood:
- increase the maximum allowable size, height, or density of any
- increase the maximum allowable occupancy limits of any residential residential development; development;
- change allowable uses for any residential zoning district identified in
- reduce on-site parking requirements of any residential development;
- reduce required setbacks of any residential development;
- reduce solar access protection of any residential development;
- change the zoning district designations or the regulations applicable to this Section as a zoning district that is subject to this Section; existing residential zoning districts such that any of the aforementioned changes are enabled to occur; shall become effective until sixty days following the approval of such change.
However, if within such sixty day period, a petition meeting the requirements of Section 45 and signed by ten percent of the registered electors of a residential neighborhood affected by such change is filed with the city clerk requesting that such change besubmitted to a vote of the electors of that neighborhood, then such change shall not be effective for that neighborhood until the procedures set forth in Sections 46 and 47 have been completed. For purposes of filing such a petition, fulfilling the requirements of Sections 46 and 47, and voting in the subsequent neighborhood election, the “electors” shall be only those registered electors that use an address in that neighborhood as their residence for voter registration purposes.
Where changes to land use regulations that are subject to this Section affect multiple residential neighborhoods, there shall be a separate election for each residential neighborhood that has submitted the required petition; and the results of that election shall apply only to that neighborhood.
The City Council may combine contiguous residential neighborhoods to function as a single residential neighborhood for purposes of this Section. However, the inclusion of residential neighborhoods in such a combination shall be subject to the above referendum process carried out by any of the individual neighborhoods. The City shall pay for the costs of any election required by this Section.
Appendix A: Neighborhoods Commonly Known by Names:
Bear Creek, Boulder Meadows, Buena Vista, Carolyn Heights, Catalpa Park, Centennial, Chautauqua, Crestview, Dakota Ridge, Devil’s Thumb, East Aurora, East Central, East (Lower) Chautauqua, East Foothills, Flatirons, Foothills Community, Forest Glen, Four Mile Creek, Frasier Meadows, Goss Grove, Grandview, Grant, Gunbarrel, Hartford, Hawthorne, Heatherwood, Hillcrest/Panorama Heights, Hillside, Holiday, Iris Hollow, Juniper / Kalmia, Keewaydin, Keewaydin East, Kendall, Kings Ridge, Majestic Heights, Mapleton Hill, Mapleton Mobile Home Park, Martin Acres including Highland Park, Newlands, Noble Park, North 26th Street, North Wonderland, Northbriar, Norwood / Quince, Old North Boulder, Orchard Park, Park East, Parkside, Pinon, Poplar, Sale Lake, San Juan del Centro, Shanahan Ridge, South 45th, Steel Yards-Boulder Junction, Table Mesa North, Table Mesa South, Tantra Park, Telluride, University Heights, University Hill, Vista Village, West Pearl, Whittier, Wonderland Hills