Revocable Permits and Leases

The purpose of a revocable license is to ensure the health, safety and welfare of the community members of the city, regulate the placement of structures within or upon any public right-of-way or public easement, assure adequate and safe public access to the streets, assure appropriate utilization of public easements. Section 8-6-6, "Requirements for Revocable Permits, Short-Term Leases and Long-Term Leases", B.R.C. 1981 is the authoritative document for these guidelines. A separate permit may be required for any of the following and will be identified during the review process:

• Building permit
• Public right-of-way permit
• Sign permit

There are three distinct types of revocable licenses:

1. Surface occupation - The most common revocable license type, examples include:
   1. Patios/outdoor cafes
   2. Bike racks
   3. News boxes
   4. Benches
   5. Flagpoles
   6. Awnings
   7. Lighting
   8. Planters/landscape wall
2. Subsurface occupation - The space below a public property may be used by an adjoining private property or for uses that serve the public interest. Examples include:
   1. Monitoring wells
   2. Communication conduits.
3. Occupation of spaces above the surface of the public right-of-way - These licenses allow structures to project into the public airspace. These structures must not extend beyond the curb line into the airspace above roadways. Examples include:
   1. Projecting signs
   2. Balconies
   3. Cornices
   4. Overhead walkways
   5. Architectural features

Revocable permits follow the Development Review schedule and may occur concurrently with other reviews.

Please Note: A revocable permit allows minor encroachments in the public right-of-way, however, a construction permit is required for all construction within public right-of-way. A separate building application review and permit will be required for any new structures.

The following documents are required to submit an application:

• From the Building Owner - proof of ownership and authority to bind
• From the Tenant - proof of authority to bind
• Certificate of Insurance
• Plan and Section Drawings
• Survey

• View a table of revocable requirements by type

From the Building Owner, we require:

1. Proof of Ownership
   1. The city accepts one of the following:
      1. Commitment for Title Insurance current to within 30 days
      2. Attorney’s Memorandum stating fee ownership in the property as well as a legal description
2. Proof of Authorization to bind
   1. If the owner is an entity, proof of authorization to bind on behalf of the entity is required.
   2. Different forms of documentation are required depending on the type of entity (i.e. Limited Liability Company vs. a Corporation).
   3. The name and title of person(s) authorized to sign (Manager, General Partner, ect.) must be provided, and they must provide a notarized signature.
   4. Please note that a copy of the “Articles of Organization” or “Articles of Incorporation” printed from the Secretary of State website listing the name of the “Registered Agent” alone is not sufficient proof of authorization to bind. The documentation provided must clearly show who has the authority to bind on behalf of the entity.
      1. If the entity is a Limited Liability Company (LLC) or a Limited Liability Partnership (LLP) the following are examples of documentation that may be accepted, subject to review of the city:
         • Articles of Organization
         • Operating Agreement
         • Partnership Agreement
         • Statement of Authority
         • Attorney’s Memorandum (must be dated and signed and include company name and title of the authorized person)
      2. If the entity is a Corporation, the following are examples of documentation that may be accepted, subject to review of the city:
         • Articles of Incorporation/Bylaws
         • Corporate Minutes confirming current officers
         • Statement of Authority or Delegation
         • Attorney’s Memorandum (must be dated and signed and include company name and title of the authorized person)

1. Proof of Authorization to Bind
   1. If the tenant is an entity, proof of authorization to bind on behalf of the entity is required.
      1. Please note that a copy of the “Articles of Organization” or “Articles of Incorporation” printed from the Secretary of State website listing the name of the “Registered Agent” alone is not sufficient proof of authorization to bind. The documentation must clearly show who has the authority to bind on behalf of the entity.
   2. Different forms of documentation are required depending on the type of entity (i.e. Limited Liability Company vs. a Corporation).
      1. If the entity is a Limited Liability Company (LLC) or a Limited Liability Partnership (LLP) the following are examples of documentation that may be accepted, subject to review of the city:
         1. Articles of Organization
         2. Operating Agreement
         3. Partnership Agreement
         4. Statement of Authority
         5. Attorney’s Memorandum (must be dated and signed and include company name and title of the authorized person)
      2. If the entity is a Corporation, the following are examples of documentation that may be accepted, subject to review of the city:
         1. Articles of Incorporation/Bylaws
         2. Corporate Minutes confirming current officers
         3. Statement of Authority or Delegation
         4. Attorney’s Memorandum (must be dated and signed and include company name and title of the authorized person)
   3. The name and title of the person(s) authorized to sign (Manager, General Partner, etc.) must be provided, and they must provide a notarized signature.

Encroachments permitted in the right-of-way must be covered by liability insurance. A Certificate of Insurance (COI) can be provided by either the owner or tenant, and must include the following information and endorsements:

• The City of Boulder must be listed as Certificate Holder:

City of Boulder
Attention: Planning and Development Services
PO Box 791
Boulder, CO 80306-0791

• The Certificate must include the location of and encroachments (patio, blade sign, ect.) covered in the description field of the certificate.
• The Certificate must name the City of Boulder and its elected officials and employees as additional insured.
• The certificate must confirm that subrogation is waived in favor of the Lessor.
• The Certificate must show the liability limits:
  • General Liability minimum limit: $1,000, 000 per occurrence
  • $2,000,000 aggregate

1. The Certificate must:
   1. Be signed by a qualified insurance company agent
   2. Show valid public and property damage insurance
   3. Show liability limits
   4. Show policy number
   5. Show name of the insurer
   6. Show effective date and expiration date

A current certificate is required at the initial application, each renewal, or when a policy is replaced or dropped. The license holder is responsible for maintaining a current policy during the full term of a revocable license and supplying a current copy if requested at any time.

All revocable applications require to-scale drawings for the proposed enhancement identifying the following elements:

• Style (brick, wrought iron, lattice, pipe, etc.)
• Materials (detailed description)
• Colors
• Details showing attachment method (as applicable)

Plan and/or section drawings of the encroachment are required based on the application type (see table below). Include all existing surrounding structures such as:

• Benches
• Tree grates
• Flower beds
• Awnings
• Signs
• Windows
• Doors
• Parking Kiosks
• Planters
• Stairs
• Lights

Plans shall be:

• Drawn to scale
• Provide Scale on plan
• Show exact dimensions for all elements
• Provide key labeled “Leased Premises” with square footage
• Patio encroachments shall be clearly identified with cross-hatching or other pattern
• Patio encroachments – show square footage of patio
• Label Plans “Exhibit A”
• Maximum size of plans shall be 11”x17”

A Land Survey or Improvement Location Certificate is required for all encroachments.

• Either document is accepted
• Lot lines must be clearly identified and demonstrate the encroachment extends into the public right-of-way
• The maximum size document we accept is 11”x17”
• Your document must include scale.

Any exterior changes to a building located in a landmark district or a building that is landmarked requires approval by the Landmarks Board. This approval is in addition to any other approval for a permit or lease. Application for a Landmark Approval Certificate is a separate process and should be reviewed first.

For a new patio for a restaurant use, provide a written statement including:

• Total floor area of the restaurant and total number of seats (indoor)
• Total area of the exterior patio and total number of seats (outdoor)
• Hours of operation

The addition of a patio to a restaurant may require Use Review approval in some zoning districts. If a use Review is necessary you will be informed through the application process.