Zoning Relief

Administrative Adjustments and Variances 

When a project or property does not meet all applicable zoning standards, zoning relief provides a path to approval under certain circumstances. There are two types of zoning relief:   

Administrative Adjustments

  • CPD staff review and decide on administrative adjustments.
  • Administrative adjustments can be approved only under certain conditions or for certain zoning standards.

There are administrative adjustments that apply only in special situations, outlined in Sec. 12.4.5.2.A-G, such as:

  • When zoning standards conflict with state or federal requirements: For example, if a resident needs relief from a zoning standard due to a disability. For more information on disability-related zoning relief, see the Reasonable Accommodation Customer Guide.

  • When the project involves public utilities: The zoning administrator may approve an administrative adjustment for public utilities, such as transformers, if no option is available that complies with local zoning standards.

For administration adjustments that do not meet the special situations in A-G, all other available administrative adjustments are listed in Tables 12.4.5.2.H-1 and -2. These tables describe:

  • which standards may be adjusted
  • how much they may be adjusted
  • which criteria must be met

Variances

  • The Board of Adjustment reviews and decides variances.
  • The board may review variances to any zoning standard, with some limitations. Denver Zoning Code Sec. 12.4.7 details those limitations.

Variances cannot:

  • allow a use that use is not allowed in a zone district

  • allow any violation that would constitute an amendment to an approved plan  

 

The Zoning Relief Process

Step 1.Plan Review

The first step in the zoning relief process is to apply for plan review. This ensures all zoning violations are correctly identified. 

Step 2.Pre-application meeting

At the meeting, city staff will:

  • Provide an opportunity for you to describe your project and the requested violations
  • Determine whether your request is eligible for zoning relief as an administrative adjustment or a variance
  • Discuss what justifying circumstances may best apply to your request(s)
  • Provide information on your next steps  

Step 3.Formal Review

Administrative adjustments: Submit a formal application to your zoning relief case manager.

Variances: Submit a formal application to the Board of Adjustment.

Step 4.Decision

Administrative adjustments: Staff will review the application and make a decision on the request(s).

  • If your request is approved, you may proceed according to the adjusted code provisions, and your zoning permit review can continue. Please note that the decision is not a zoning permit on its own. The approval allows you to move on to final zoning review and permitting. 
  • If your request is denied, you may appeal the staff decision to the Board of Adjustment within 30 days. In these cases, the Board of Adjustment will be reviewing the request as an appeal of an administrative decision, not as a variance. There is distinct review criteria outlined in Sec. 12.4.8 for appeals cases.  

Variances: The Board of Adjustment will schedule a public hearing, at which the board will make a decision on your request(s).

  • If your variance request is approved, you may proceed according to the adjusted code provisions, and your zoning permit review can continue. Please note that the decision is not a zoning permit on its own. The approval allows you to move on to final zoning review and permitting.

Review Criteria

All types of zoning relief must meet review criteria for approval. Below are two of the most common ‘justifying circumstances’ used to meet the review criteria, along with advice for what to provide in your application.

Unusual physical conditions or circumstances: Provide evidence that the circumstances or site conditions (topography, an irregular lot shape, existing structures, existing mature trees, or other physical attributes) are peculiar to the affected property and do not exist throughout the neighborhood. 

Neighborhood compatibility: Provide an analysis showing how the requested adjustment would result in a property that is more compatible with the existing neighborhood in terms of zone lot dimensions/size or building siting or height. The analysis may require detailed canvassing of neighboring buildings, that show comparable building setbacks, height, build-to, and building coverage calculations, depending upon the specific adjustment or variance requested. 

Questions

Please include your name, property address, phone number, and details of your question(s) so we can make sure the right person returns your call/email. For questions about interpretations, determinations, or adjustments, please contact Zoning Administration.

Zoning Administration:
ZoningAdministration@denvergov.org
720-865-2606  

Commercial and multifamily buildings:
zoning.review@denvergov.org
720-865-3000

Single-family homes and duplexes:
ResidentialPermits@denvergov.org
720-865-2710

Board of Adjustment:
boacontact@denvergov.org
720-913-3050

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