Land use and zoning are not always issues that can be addressed through the initiative process. Leaving these decisions in the hands of city officials can create issues where some developments get preferential treatment and variances while others are held strictly to the letter of the law. In Colorado activists are using the initiative process to take those decisions away from municipal officials.
Boulder, Colorado citizens have proposed two charter amendments that would require public approval of projects that do not conform with existing land use regulations.
“Development Shall Pay Its Own Way” would require the city to develop measurements for levels of service in a variety of areas, including police, fire, libraries, parks, human services and transportation, and to not approve new development that does not pay for or otherwise provide for that level of service to be maintained. New development would be defined as any project that increases the floor area of a building or site, or any change in use of an existing building.
“Neighborhoods’ Right to Vote on Land-Use Regulation Changes” would require a vote on land-use changes if 10 percent of the registered voters in a neighborhood asked for one. Land-use changes that would subject to a vote would include exemptions to height, density and the occupancy limit, reductions in parking and setbacks, and zoning changes. Land-use changes that affect multiple neighborhoods would require separate elections in each neighborhood.
Another land use ballot question will be voted on in Aspen Colorado on May 5, 2015. It’s intent is similar, a voter approval requirement for zoning variances.
Text of the Amendment:
QUESTION NO. 1
Shall Article XIII of the Home Rule Charter of the City of Aspen be amended by the addition of the following?
Section 13.14 – Voter authorization of certain land use approvals.
(a) Any land use approval granted by the City of Aspen, or an amendment to a previous land use approval, including those granted as a result of litigation, on land within the zone districts listed in paragraph (b), that exceeds the zoning limitations for allowable floor area or maximum height (including height restricted by view planes), or which reduces the requirements for the amount of off-street parking spaces or affordable housing, shall not be effective unless subsequently approved by a majority of all City electors voting thereon.
(b) Except as set forth herein below, the provisions of paragraph (a) shall apply to all properties east of Castle Creek within the following zone districts on January 1, 2015: Commercial Core (CC) zone district, Commercial (C-1) zone district, Service/Commercial/Industrial (S/C/I) zone district, Neighborhood Commercial (NC) zone district, Mixed Use (MU) zone district, Lodge (L) zone district, Commercial Lodge (CL) zone district, Lodge Overlay (LO) zone district, Lodge Preservation Overlay (LP) zone district.
(c) Although within the zone districts set forth in paragraph (b), the following shall be exempt from the provisions of paragraph (a): single-family and duplex homes, replacement of non-conforming structures, and variations necessary to meet the requirements of the Americans with Disabilities Act (ADA), the Federal Fair Housing Act (FHA), the Federal Telecommunications Act (FTA), to implement energy efficiency measures, to meet applicable building and fire codes, or an amendment to a previous land use approval that reduces height or floor area or increases the amount of parking or affordable housing.
(d) The approval of the electorate required by this Section shall take place at the next available previously scheduled state or county election, the next general municipal election or a special election set by the Council, whichever is earlier.
(e) The City of Aspen shall amend the Land Use Regulations to be consistent with this Home Rule Charter Amendment.