Denver Zoning Code - Article - 1 - General
Denver Zoning Code - Article - 1 - General
GENERAL PROVISIONS
this page left intentionally blank
This Code is intended to achieve design excellence in the built environment by:
G. Providing building and site design standards that address the public aspects of private develop-
ment and how building form, placement, and uses contribute to the quality of the public realm.
H. Providing circulation and access standards that appropriately balance pedestrian and vehicular
needs and result in safe pedestrian environments of the highest quality.
I. Providing standards for adequate provision of urban services, public amenities, and public
spaces that have lasting civic purpose and, through design excellence, create long term value for
the community.
J. Promoting innovative infrastructure, landscape, and building design that advance the function
and beauty of the City.
This Code is intended to guide Denver’s prosperous and sustainable future by:
K. Providing clear regulations and processes that result in predictable, efficient, and coordinated
review processes.
L. Promoting sustainable building and site design practices.
M. Promoting diverse and affordable housing options.
N. Providing standards for interconnected streets and development patterns that support all
modes of travel (walking, bicycling, public transit, driving).
O. Providing standards that maintain safe and healthful water conditions by minimizing impervi-
ous cover and controlling erosion, sedimentation and other pollution of surface and subsurface
waters.
P. Promoting conservation of land, energy, and natural resources.
1.1.3.2 Limitations
A. Limitations on All Land and Structures
No land shall be used or occupied and no structure shall be designed, erected, altered, used or
occupied except in conformity with this Code and upon performance of all conditions herein set
forth.
B. Limitations on Sales and Rentals of All Land and Structures
No person and no officer or employee thereof (either as owner or as participating principal,
agent, servant or employee of such owner) shall sell, rent or lease or offer or attempt to sell,
rent or lease any land or structure upon the representation, falsely made and known to be false,
that such land or structure may be used or occupied in a manner or for a use prohibited by this
Code.
C. Limitations on City Agencies
No permit, certificate, license or other document or oral approval, the use of which may be
subject to the provisions of this Code, shall be issued by any department, agency or board of
the City until the Community Planning and Development shall have certified that the use to be
made of the permit, certificate, license, other document or oral approval is in full compliance
with the provisions of this Code.
1.1.3.4 Severability
If any provision of this Code or any provision of any rule or regulation lawfully promulgated here-
under, or any application of this Code or rule or regulation promulgated hereunder to any person or
circumstance, is held invalid or inoperative, such invalidity or inoperativeness shall not affect other
provisions or applications of this Code or rules or regulations. The provisions of this Code and all
rules and regulations promulgated hereunder are severable.
Figure 1.2-1
Assessor’s
Parcel
containing two
zone lots
Street
Assessor’s Parcel
Alley
Zone Lot
(contains more
than one
Assessor’s parcel)
Street
Figure 1.2-2
≥40’
PRIMARY STREET
Zone Lot Line
Primary Street
≥50’ ≥50’ Zone Lot
width
≥30’
≥20’
For example: A Zone Lot is created in the G-MU-3 district after June 25, 2010, and it is
3,000 square feet in size. The Zone Lot is allowed because one of the primary building
forms permitted in the G-MU-3, the Urban House form, allows a Zone Lot to be as small as
3,000 square foot. However, while an Urban House form may be developed on that new
3,000 square foot Zone Lot, an Apartment building form could not because, in the G-MU-
3 zone district, the Apartment building form requires a Zone Lot no smaller than 6,000
square feet.
2. No new Zone Lot shall contain multiple Zone Districts when one or more of the mulitple
Zone Districts is a Protected District.
B. Development of Primary Building Forms on Conforming Zone Lots
Development of an allowed primary building form (e.g., a Row House or Duplex building form)
shall occur only on a legally established Conforming Zone Lot that complies with the minimum
Zone Lot size and width required for that specific building form.
C. Development of Detached Accessory Structures on Conforming Zone Lots
Development of an allowed detached accessory structure shall occur only on a legally estab-
lished Conforming Zone Lot that complies with the minimum Zone Lot size and width required
for the associated primary structure on the same Zone Lot.
D. Use and Development on Nonconforming Zone Lots
An existing legally established Nonconforming Zone Lot may be used and developed according
to Division 12.10, Nonconforming Zone Lots.
B. Allowed Increases on Zone Lot with Certain Existing Accessory Structures in SU- and TU-
Zone Districts
1. Applicability and Qualifying Conditions for Exception
In the SU and TU zone districts, an existing Accessory Structure meeting the requirements
of this Section 1.2.3.5.B may be used in its entirety as an additional Primary Structure
to contain only one Single Unit Dwelling primary use. To qualify, the existing Accessory
Structure:
a. Shall be originally constructed as an Accessory Structure prior to February 11,
1955;
b. Shall be located on the same Zone Lot as an existing Primary Structure; and
c. Shall contain more than 1 Story above finished grade, where such upper story:
i. Has at least 4 feet between the floor level of the story and the ceiling joists;
and
ii. Contains either:
a) A minimum of 70-square feet in gross floor area not less than 7-feet in
any horizontal dimension and that has at least 7-feet net floor-to-ceiling
height throughout that area; or
b) For stories with sloped ceilings, a minimum of 70-square feet in gross
floor area that has at least 5-feet net floor-to-ceiling height throughout
that area and that has at least 7-feet net floor-to-ceiling height over half
that area.
2. Primary Building Form Assignment for Qualifying Existing Accessory Structures
A qualifying existing Accessory Structure may be assigned a Primary Building form of
either Suburban House, Urban House, or Tandem House, as allowed in the applicable
zone district, except that the Tandem House building form is allowed in a SU zone district
for structures meeting the requirements of this Section 1.2.3.5.B. When assigning the
Tandem House building form, the existing Accessory Structure may be designated either
Tandem House structure #1 or Tandem House structure #2.
3. Allowed Increase in the Number of Primary Uses and Structures on Zone Lot
If a Primary Building form is assigned to the existing Accessory Structure, then the maxi-
mum number of Primary Uses allowed on the subject Zone Lot shall be 2, and the maxi-
mum number of Primary Structures allowed on the subject Zone Lot shall be 2.
b. If the zone lot is divided equally into two zone districts, the applicant may choose to
develop the entire zone lot in conformity with the regulations applicable to one of
the two zone districts.
2. The entire zone lot may be developed in conformity with the regulations for the zone
district applicable to more than 50% of the zone lot area if:
a. The zone lot will only contain a multi-unit dwelling primary use with no other
primary uses; and
b. The multi-unit dwelling primary use includes moderately priced dwelling units
(MPDUs) pursuant to the mandatory or voluntary provisions of DRMC Article IV,
Chapter 27 (Affordable Housing) that have been submitted for approval prior to
January 1, 2017; and
c. The zone district applicable to more than 50% of the zone lot area allows more
dwelling units to be constructed than in the other zone districts applicable to the
zone lot.
This provision shall also apply to multi-family owner-occupied or rental residential devel-
opments submitted for approval prior to January 1, 2017 that include a higher percent-
age of MPDUs than the thresholds established in DRMC Article IV, Chapter 27 (Affordable
Housing) and to multi-family residential development submitted for approval prior to
January 1, 2017 that includes housing affordable to households at a lower adjusted me-
dium income than the thresholds established in DRMC Article IV, Chapter 27 (Affordable
Housing).
C. If for any reason the location of any zone district boundary line is not readily determinable
from the official map, the location of the zone district boundary line shall be fixed by the De-
partment of Community Planning and Development in accordance with the following provi-
sions. Where more than one of the following provisions are applicable in any given situation,
the first enumerated applicable provision shall prevail over all other provisions:
1. Where a zone district boundary line is located with reference to a fixture or monument,
the location of such fixture or monument shall control;
2. Where a zone district boundary line is given a position within a street or alley right-of-
way or channelized waterway, the zone district boundary line shall be deemed to be in
the center of such street or alley right-of-way or channelized waterway;
3. Where a zone district boundary line is shown as approximately following platted lot lines,
the zone district boundary line shall be deemed to coincide with such platted lot lines;
4. Where a zone district boundary line is shown by a specific dimension, such specific di-
mension shall control;
5. Where a zone district boundary line extends in the direction of the length of a block, the
zone district boundary line shall be deemed to coincide with the center line of such block;
6. Where a zone district boundary line divides a platted lot or crosses unsubdivided prop-
erty, the location of the zone district boundary line shall be fixed from the scale of the
official map.
1. Such access is compatible, or could be made compatible with any existing or allowed uses
on the Zone Lot in the residential district; and
2. Traffic, noise, pollution and other impacts of such access are or can be mitigated.
B. The Zoning Administrator may impose conditions on the approval of such access in order to
ensure that the impacts of traffic, noise, pollution and other external effects of such access
are mitigated so as to protect the residential character of the Zone Lot located in a residential
district. If the use of the Zone Lot not located in a residential district changes so as to alter the
access or otherwise impact the use of the Zone Lot located in the residential district, the Zon-
ing Administrator may terminate the right to access the Zone Lot not located in a residential
district across the Zone Lot located in the residential district or may impose additional condi-
tions on the continued access. All other provisions of the district in which each such Zone Lot
is located shall apply. An owner requesting such access shall file a request with the Zoning
Administrator and the provisions of Section 12.4.2, Zoning Permit Review with Informational
Notice (ZPIN), shall be followed.
1.4.1.2 Applicability
This section shall apply to development of all structures on a zone lot, except for Fences and Walls,
in all zone districts except the D-C, D-TD, D-LD, D-GT, D-AS, OS-A, DIA, AIO, and O-1 zone districts.
1.4.2.2 Applicability
This section shall apply to development involving an existing primary or detached accessory
structure being modified, enlarged, or altered for the first time under Denver Zoning Code rules,
except that that Section 1.4.2.3.B, Compliance with Inititally Assigned Building Form Standards Not
Required, shall not apply to the initial assignment of the Detached Accessory Dwelling Unit building
form to an existing detached accessory structure.
Important Note: While the existing structure does not need to comply with all the
standards per the initially assigned building form, that means in some cases, the existing
structure after development may be deemed “Compliant” or “Nonconforming” under Divi-
sions 12.6 or 12.8 of this Code if one or more pre-existing building elements violate the
selected building form standards.
3. Existing Fences and Walls
Development involving an existing Fence or Wall shall comply with the standards stated
in Division 10.5, Landscaping, Fences, Walls and Screening.
1.4.5.2 Applicability
Primary Structures with a Suburban House, Urban House, Duplex, Tandem House, Row House,
Garden Court, or Town House building form and their associated Accessory Structures.
1.4.5.3 Standard
Except as specifically allowed below, a Detached Structure shall be disconnected without
contact from any other Structure by an uninterrupted vertical separation from below grade to
sky. A separate building form shall be selected and assigned to each such Detached Structure in
accordance with Division 1.4 of this Code.