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Zoning administrator flags outdated state-code references; council sends matter to planning commission
Summary
Erin Smith told council that state recodification left local ordinance references out of date and recommended a planning-commission review; council voted 5–0 to refer the code correction and asked staff to expedite a current applicant’s request.
Zoning administrator Erin Smith told the Boulder Town Council on July 7 that state recodification shifted provisions formerly in Title 10 Chapter 9A to Chapter 20, leaving town code citations (including references in ordinances 1 5 2.201 and 1 5 2.202) out of date.
"The new state code actually eliminates the need for a land use authority to review those applications," Erin Smith said, noting the town's code still requires a review and sign-off in places. She asked the council to refer the discrepancy to the planning commission so commissioners could evaluate whether the town’s administrative process needs revision.
Council members and a member providing counsel-style guidance discussed short-term options. One councilor recommended adding a broad disclaimer to the town ordinances clarifying that references to state code imply intent to follow applicable provisions and that clerical recodifications would not, by themselves, invalidate local rules. That councilor also advised staff to promptly process an applicant’s boundary-adjustment request if the old rule would not alter the application outcome.
A procedural motion to direct staff to forward the matter to the planning commission and to request prompt action passed unanimously, 5–0. The motion also formalized guidance that staff should work with the applicant in the near term so the applicant is not delayed pending the ordinance rewrite.
The planning commission will review the code references and propose edits to ensure the town's land-use administrative process aligns with current state law. The council asked the commission for a timely review and directed staff to report back with recommendations and draft ordinance language.
