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This is a step-by-step guide and application to request Reasonable Accommodations for a dwelling unit or a public or common use area for a person with a disability when zoning standards cannot be met. This process is required by the Americans with Disabilities Act (ADA) and the federal Fair Housing Act (FHA), as amended.
Project plans must be reviewed before zoning relief can be offered. Proposed project plans are submitted through E-permits, and a plan review record will be created based on the project type (examples of record types: LOG, ZONE, ZLAM, SDP, etc.). A plan reviewer will review the project plans to determine if it meets zoning requirements. If zoning violations are found, the plan reviewer will send you a plan review notice that describes the violations and explains your option to begin the zoning relief process.
Follow the instructions in the plan review notice to resubmit the project plans (revised as needed to address other plan review comments, or not) and request zoning relief. The assigned plan reviewer will send you a link to an electronic form to request a pre-application meeting with CPD to begin and learn more about the zoning relief process.
When filling out the form to request a pre-application meeting, choose the “Reasonable Accommodation” option from the drop-down menu “What best describes the justifying circumstance?”
The assigned zoning relief case manager will contact you within 5 business days to schedule the pre-application meeting, which is typically a virtual meeting.
It is important that you choose the “Reasonable Accommodation” option on the request form as the reason for zoning relief. If you do not, the request will be processed with all other zoning relief requests and delay the reasonable accommodation process.
The case manager will go over the process, review criteria, and how to apply using the Request for Reasonable Accommodation – Application and Decision Form. After the meeting, the case manager will email you a meeting summary and will upload the document to the project’s zoning relief record (“ZR” record) in E-permits. The summary will describe next steps and the information you need to submit your application.
If you feel you can meet all the criteria for Reasonable Accommodation zoning relief and would like to move forward in the process, you should provide any necessary information preferably by completing the Reasonable Accommodation Request – Application and Decision Form.
The application form will ask you to submit verification of the following:
Submit the application by emailing the form directly to your assigned case manager.
NOTE: You are not legally required to use the application form if you have provided your ZR case manager with all the necessary information the form requests about your need for the accommodation. However, using this form can help keep information organized and make communication between you and your case manager easier.
If you are not able to fill out a Microsoft Office Word document or need other help to physically fill out the form, please let us know so that we may accommodate you.
Within 15 business days after your submittal, the case manager will:
or
The case manager will email you the final decision and will update the status of the zoning relief record (ZR) in E-Permits. You will receive a final, written decision that shares the reasons why zoning relief was either approved, approved with conditions, or denied. The case manager will also provide specific instructions for next steps, as follows:
For reference, these federal laws and local regulations govern the Reasonable Accommodation process:
Voluntary Compliance Agreement among the U.S. Department of Housing and Urban Development and Ben/Shawn/Catherine Johnson and City of Denver Board of Adjustment and City of Denver Community Planning and Development Department, Effective Date of August 16, 2024.
A person with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activities, has a history or record of such an impairment (such as cancer that is in remission), or is perceived by others as having such an impairment (such as a person who has scars from a severe burn). If a person falls into any of these categories, the ADA and FHA protect them.
Major life activities are the kind of activities that you do every day, including your body’s own internal processes. There are many major life activities in addition to the examples listed here. Some examples include:
Physical or structural changes to a dwelling unit or a public or common use area necessary to provide an equal opportunity for individuals with disabilities to use and enjoy the dwelling or participate in the program, service, or activity. The FHA requires Reasonable Accommodations unless they cause undue financial and/or administrative burden or significantly change the nature of the program or service.
Zoning relief is one way to address zoning violations discovered in the plan review or inspection phases of a development project or in the active use of a residential property. Violations can be addressed by bringing the development or activity into compliance with the zoning code or by being granted an exception from those standards through the zoning relief process. The zoning relief process grants exceptions when there is evidence of a “justifying circumstance” or condition. In Denver, there are two types of zoning relief possible: an administrative adjustment approved by CPD staff, or a zoning variance approved by an independent review body called the Board of Adjustment. All requests for reasonable accommodations from Denver’s zoning codes are processed as administrative adjustments by CPD staff.
Learn more about zoning relief
Plan reviewers determine whether a project complies with the city’s codes and identify any zoning violations in a development project. If violations are identified, you (or your design professional or any other representative) can work with a zoning relief case manager to request any exception(s) from the zoning code. Sometimes the two reviewers are the same staff person and sometimes they will be two different staff persons.
An Interactive Dialogue is a collaborative discussion with the assigned zoning relief case manager to find a Reasonable Accommodation that works for all people involved if your original request cannot be granted. This happens when the case manager has decided that the original request is not necessary and/or reasonable based on the information you provided. Interactive Dialogues might include brainstorming different options or suggesting changes to the original request that would make it reasonable while still meeting your disability-related needs. You are entitled to an Interactive Dialogue if your original request cannot be granted. You are not required to participate in an Interactive Dialogue but should know the original Reasonable Accommodation may be denied as a result.
You will not be charged a zoning review fee for zoning relief when seeking a Reasonable Accommodation under federal law.
It is your right to access oral or written language assistance, sign language interpretation, real-time captioning via CART, or disability-related accommodations. To request any of these services at no cost to you, please reach out to Community Planning and Development's Operations Team (cpdoperations@denvergov.org) with three business days’ notice.
CPD is dedicated to keeping your sensitive information confidential. CPD staff will ensure that all sensitive documents and information pertaining to a zoning relief request for Reasonable Accommodation are kept confidential and are protected from public view.