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Boulder, CO Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Maximum bonus
10 additional dwelling units per acre
Zone
RMX-2 only
Approval path
Site review under Sec. 9-2-14
30% affordable
Earns up to +5 units/acre
40% affordable
Earns the full +10 units/acre

Summary

In Boulder's RMX-2 zoning district, developers can earn up to ten extra dwelling units per acre through a site review under Section 9-8-4, B.R.C. 1981, tied to the share of units built as permanently affordable housing under Chapter 9-13, 'Inclusionary Housing.'

(a)Density Bonus for the Provision of Additional Affordable Housing: The approving authority may approve a maximum density increase up to ten additional dwelling units per acre if all of the following standards are met:(1)Site Review Required: The plan for the development is approved as part of a site review pursuant to Section 9-2-14, "Site Review," B.R.C. 1981;(2)Five Unit Per Acre Bonus: At least thirty percent of all units that are proposed to be built in the development shall meet the requirements for permanently affordable units set forth in Chapter 9-13, "Inclusionary Housing," B.R.C. 1981, to be eligible for a density bonus for up to five additional dwelling units per acre;(3)Eight Unit Per Acre Bonus: At least thirty-five percent of all units ... to be eligible for a density bonus for up to eight additional dwelling units per acre;(4)Ten Unit Per Acre Bonus: At least forty percent of all units ... to be eligible for a density bonus for up to ten additional dwelling units per acre.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 167 Update 3).

Full Breakdown

C. C. 1981, and only if the project commits to permanently affordable units. The bonus scales in three tiers tied to Chapter 9-13, 'Inclusionary Housing': a project earns up to five additional units per acre if at least thirty percent of all units meet the permanently affordable standard, up to eight additional units per acre if at least thirty-five percent of units qualify, and the full ten additional units per acre if at least forty percent of units qualify as permanently affordable. None of these bonuses are automatic; the approving authority may prohibit or limit the density increase entirely if the applicant cannot demonstrate that the project satisfies the site review criteria in Section 9-2-14.

This ties the RMX-2 bonus directly to Boulder's broader inclusionary housing framework rather than granting extra density for market-rate development, meaning a developer weighing the bonus has to model the full site review submittal, the long-term affordability restrictions under Chapter 9-13, and the underlying RMX-2 form and bulk standards together before the extra units pencil out.

Violations & Fines

There is no separate penalty for seeking the bonus; a project that is built at the higher density without the required site review approval, or that fails to deliver the affordability percentages that justified the bonus, is enforced as an unapproved development and a violation of the site review conditions under Section 5-2-4, B.R.C. 1981, carrying a fine of up to $2,650 per violation and the possibility the city rescinds or conditions the approval.

Frequently Asked Questions

How much extra density can a project get in RMX-2?
Up to ten additional dwelling units per acre above the base zoning, under Section 9-8-4(a), but only if the project goes through a site review under Section 9-2-14 and meets the required affordable-housing percentage tied to Chapter 9-13.
What affordability percentage unlocks the biggest bonus?
A project needs at least forty percent of its units to meet Chapter 9-13's permanently affordable standard to earn the full ten-units-per-acre bonus. Thirty percent affordable earns five extra units per acre, and thirty-five percent earns eight.
Is the RMX-2 density bonus guaranteed if I hit the affordability percentage?
No. Section 9-8-4(a)(5) lets the approving authority prohibit or limit the density increase if the applicant fails to demonstrate that the project satisfies the site review criteria of Section 9-2-14, so the affordability threshold is necessary but not sufficient on its own.

Sources & Official References

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