Code Amendment: Land Use Code Clarification Project
On Oct. 6, 2020 City Council adopted Ordinance 8409 that enacted updates to graphics and language with the intent of making the land use code more clear and understandable. The ordinance can be reviewed in the sidebar.
Planning and Development Services staff are proposing updates and clarifications to the Land Use Code, that have been identified over the years through the development review process, as well as in discussions with applicants, the public and the design community.
- 2017-2020 – Ongoing identification of Land Use Code standards needing updates;
- Quarter 1 2020 - Code clarification proposed revisions (staff review);
- Quarter 2/3 2020 – Public feedback on preliminary updates and Planning Board review; and
- Quarter 3/4 2020 – Recommendation to City Council for consideration, and potential adoption of code changes.
*The timeline is subject to change due to impacts from the ongoing Covid-19 pandemic.
What sections of the Land Use Code may change?
The project will consider updates to all chapters of Title 9, Land Use Code, B.R.C. 1981 , including:
- Review Processes;
- Use Standards;
- Form and Bulk Standards;
- Intensity Standards;
- Development Standards; and
The proposed updates consist of:
- Corrections: Updates to correct inaccuracies in the code language;
- Language Improvements: Improve or simplify the readability of code language;
- Clarifications: Make code language clear and explicit;
- Graphic updates: Update outdated graphics and improve consistency with the code text; and
- Intent alignment: Correct code language that has resulted in unintended consequences.
Frequently Asked Questions (FAQs)
Please review the Land Use Code Clarification Handout .
Each proposed change begins with the specific code section proposed for modification. Words to be removed are represented by strikethrough text (i.e., that required) and new wording is shown underlined (i.e., the amount specified). Following each proposed change is a “Reason for change” section that discusses the staff’s rationale for changing the code. Example:
Paragraph 9-2-14(l), “Minor Amendments to Approved Site Plans,” B.R.C. 1981, should be amended as follows:
(D) The total open space per dwelling unit in the development is not reduced by more than ten percent of that required the amount specified on the approved site plan and no less than the minimum required per for the underlying zone;
Reason for change: This change would clarify that open space, if reduced, cannot be reduced to less than what the underlying zone requires. The current code is not explicit regarding this.
The intent of the project is for the clarification of the identified land use standards in order to make them easier to understand and implement for all stakeholders including city staff, applicants, and the public. Potential code changes are intended to provide additional clarity regarding the standards as discussed in the Land Use Code Clarification Handout , with little effect on the actual regulatory requirements.
Public feedback will begin in the second quarter of 2020 where community members will be able to share their feedback at events and/or by responding online, as well as at public hearings. Community feedback will help inform recommendations made to City Council later in the year.