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Denver Zoning Code - Article - 1 - General

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Denver Zoning Code - Article - 1 - General

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Article 1.

GENERAL PROVISIONS
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DENVER ZONING CODE


June 25, 2010 | Republished July 1, 2021
Contents

ARTICLE 1. GENERAL PROVISIONS


DIVISION 1.1 GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1-1
Section 1.1.1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1-1
Section 1.1.2 Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1-1
Section 1.1.3 Applicability & General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1.1-2
Section 1.1.4 Minimum Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1-2
DIVISION 1.2 ZONE LOTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2-1
Section 1.2.1 Intent and Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2-1
Section 1.2.2 Zone Lot Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2-1
Section 1.2.3 General Standards for All Zone Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2-2
Section 1.2.4 Reference to Other Applicable Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2-8
DIVISION 1.3 OFFICIAL ZONING MAP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3-1
Section 1.3.1 Adoption of Official Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3-1
Section 1.3.2 Amendments to Official Map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3-1
Section 1.3.3 Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3-1
DIVISION 1.4 BUILDING FORM STANDARDS - GENERAL PROVISIONS. . . . . . . . . . . . . 1.4-1
Section 1.4.1 Initial Assignment of Building Form to a New Structure. . . . . . . . . . . . . . . . . . . . . . 1.4-1
Section 1.4.2 Initial Assignment of Building Form to an Existing Structure . . . . . . . . . . . . . . . . . . 1.4-1
Section 1.4.3 Combining Building Form Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.4-3
Section 1.4.4 Changing Building Forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.4-3
Section 1.4.5 Applicable Building Form Standards for Detached Structures with
Building Connector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.4-3

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TOC-ii | DENVER ZONING CODE


June 25, 2010 | Republished July 1, 2021
Article 1. General Provisions
Division 1.1 General

Division 1.1 GENERAL


Section 1.1.1 PURPOSE
This Code is enacted to implement Denver’s Comprehensive Plan and guide orderly development of the City
that preserves and promotes the public health, safety, prosperity, and welfare of its inhabitants.

Section 1.1.2 INTENT


This Code is intended to balance conservation and development by:
A. Promoting development that maintains Downtown Denver’s preeminence as the region’s eco-
nomic, civic, and cultural center.
B. Promoting development along transit corridors that enhance their function as mixed-use, walk-
able centers that serve surrounding residential neighborhoods.
C. Providing standards for compatible transitions of use, density, building scale and height be-
tween existing and new development.
D. Guiding reinvestment in established neighborhoods that builds upon and reinforces their
unique characteristics.
E. Promoting preservation and protection of historic resources.
F. Providing clear and consistent procedures for appropriate and effective public involvement in
land use and development decisions.

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.

DENVER ZONING CODE | 1.1-1


June 25, 2010 | Republished July 1, 2021
Article 1. General Provisions
Division 1.1 General

Section 1.1.3 APPLICABILITY & GENERAL PROVISIONS


1.1.3.1 Jurisdiction
This Code shall apply to all property within the limits of the City and County of Denver.

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.

1.1.3.3 Conflicting Provisions


A. Conflictings Provisions
1. Where different provisions of this Code specify different and conflicting standards, the
most restrictive standard shall apply unless otherwise explicitly stated.
2. Where there is a conflict between a generally applicable standard in this Code and a more
specific standard of this Code, the more specific standard or regulation shall apply instead
of the general standard.
3. Wherever higher or more restrictive standards are established by the provisions of any
other applicable regulation, statute, or ordinance than are established by the provisions
of this Code, the provisions of such other statute or ordinance shall govern.
B. Denver Zoning Code's Relationship to Private Covenants
Nothing herein contained shall be construed to render inoperative any restrictions established
by covenants running with the land unless such restrictions are prohibited by or are contrary to
the provisions of this Code. Nothing in any restrictions established by covenants running with
the land shall render inoperative any provisions established in 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.

Section 1.1.4 MINIMUM REQUIREMENTS


This Code shall be deemed the minimum requirements necessary to achieve the intent of this Code.

1.1-2 | DENVER ZONING CODE


June 25, 2010 | Republished July 1, 2021
Article 1. General Provisions
Division 1.2 Zone Lots

Division 1.2 ZONE LOTS


Section 1.2.1 INTENT AND PURPOSE
The purpose of a Zone Lot is to provide a boundary for a defined area of land to which this Code’s regulations
for both land uses and structures apply.

Section 1.2.2 ZONE LOT REQUIRED


1.2.2.1 Zone Lot Required Prior to Development
A. A separate ground area, herein called a “Zone Lot,” shall be designated, provided, and Continu-
ously Maintained for all permitted structures and land uses. Designation shall occur prior to or
concurrent with a zoning application required by Article 12, Zoning Procedures and Enforce-
ment.
B. All Zone Lots designated according to this Section shall comply with:
1. The general standards for all Zone Lots in Section 1.2.3., General Standards for All Zone
Lots; and
2. The minimum Zone Lot standards for at least one building form allowed in the zone dis-
trict in which the subject Zone Lot is located.
C. Such Zone Lot shall be Continuously Maintained in accordance with the provisions of this Code
for uses and structures in the zone district in which each such use or structure is located.
D. The boundaries and area of a designated Zone Lot may be amended according to Section 12.4.4,
Zone Lot Amendments.

1.2.2.2 Zone Lot for Existing Structures and Uses


A. Structures and Uses Existing Prior to February 11, 1955
The land area occupied by a use, or the building site heretofore designated and occupied by
each structure existing on February 11, 1955, shall, for the purposes of this Code, be deemed
the Zone Lot for such use or structure. Whenever it becomes necessary to determine the Zone
Lot for a structure or a use operating or existing prior to February 11, 1955, such determina-
tion shall be made by the Zoning Administrator.
B. All Other Existing Structures and Uses
Whenever it becomes necessary to determine the Zone Lot for a structure or use operating or
existing after February 11, 1955, such determination shall be made by the Zoning Administrator.
C. Criteria for Determining Zone Lots for Existing Structures and Uses
The Zoning Administrator shall determine the Zone Lot for an existing structure or use based
on consideration of one or more of the following:
1. The zoning and building permit history of the structure or use, including information
contained in referenced land surveys, legal descriptions of the subject land, and approved
site development plans or other types of approved site plans;
2. Previous zone lot amendment history;
3. Subdivision and assessor parcel history of the subject land, relying upon the presumption
allowed in Section 1.2.2.2.D;
4. Tax assessment and title history for the subject land;
5. Sanborn Map Company historic fire insurance rating maps; and/or
6. Any other information that the Zoning Administrator finds to be relevant and necessary
to determine the Zone Lot.

DENVER ZONING CODE | 1.2-1


June 25, 2010 | Republished July 1, 2021
Article 1. General Provisions
Division 1.2 Zone Lots

D. Reliance on Assessor Parcel History - Presumption


If after applying the criteria in Section 1.2.2.2.C above, a Zone Lot determination is not possible
or there is conflicting evidence of the Zone Lot boundaries, the Zoning Administrator may rely
on the following presumption regarding a subject property's assessor parcel history in making
a Zone Lot determination:
1. If an assessor parcel that is part of a previously determined Zone Lot is subsequently sold
to a different owner, and such assessor parcel's boundaries comply with the definition of
"Conforming Zone Lot" in Article 13 of this Code, the Zoning Administrator:
a. May presume consent from all affected property owners to create a new zone lot
that has the same boundaries as the assessor parcel, and
b. May recognize such assessor parcel as a legal zone lot without the owners' agree-
ment to a Zone Lot Amendment according to Section 12.4.4, but only if the re-
mainder of the previously determined zone lot also complies with the definiton of
"Conforming Zone Lot" in Article 13 of this Code.
2. Reliance on the presumption allowed in this Section 1.2.2.2.D may result in a verified
Zone Lot for development under this Code without resort to the Zone Lot Amendment
procedures stated in Section 12.4.4 of this Code.

Section 1.2.3 GENERAL STANDARDS FOR ALL ZONE LOTS


1.2.3.1 Public Street Frontage Required
Each Zone Lot shall have at least one Zone Lot line abutting a dedicated named or numbered street.

1.2.3.2 Contiguous Land Area Required


A. General Rule - Contiguity Required
1. A Zone Lot shall be composed of contiguous land area and its boundaries shall not cross a
public right-of-way (including streets and alleys) unless explicitly allowed in this Code.
2. More than one assessor’s parcel and/or portions of one assessor’s parcel may make up
a Zone Lot. See Figure 1.2-1. Changes in ownership of one or more assessor’s parcels
underlying a Zone Lot does not affect the status of the Zone Lot.
B. Exception in D-C, D-TD and Campus Zone Districts - Zone Lot May Cross Public Streets
In all Campus Context zone districts and in the Downtown Core (D-C) and Downtown Theater
District (D-TD) zone districts, two or more Zone Lots divided by one or more public streets or
alleys may be designated as a single Zone Lot. In cases where a single Zone Lot is divided by
one or more primary streets or alleys, multiple street frontages within the Zone Lot boundar-
ies shall comply with all building form standards tied to frontage on a primary or side street,
including but not limited to build-to standards and Street Level activation standards, unless
otherwise specifically exempted by this Code.

1.2-2 | DENVER ZONING CODE


June 25, 2010 | Republished July 1, 2021
Article 1. General Provisions
Division 1.2 Zone Lots

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

1.2.3.3 Limited Allowance for Flag Zone Lots


A. Intent
Flag Zone Lots are intended to accommodate an existing pattern of underlying plats or subdivi-
sion that resulted in developable lots that are especially deep and have relatively narrow street
frontage compared to more standard Zone Lots in Denver with widths of between 25 feet and
50 feet and Zone Lot depths between 100 feet and 125 feet. Flag Zone Lots are intended to ac-
commodate appropriate development consistent with the subject SU zone district, and to result
in a pattern of Zone Lots compatible with the existing neighborhood context.
B. Applicability
1. This Section regarding limited allowances for creation and development of Flag Zone Lots
applies only in the SU zone districts.
2. A Zone Lot that meets the mimimum requirements in Section 1.2.3.3.C, but which is not
located in an SU zone district, may be created and developed only according to the Zone
Lot requirements applicable in the subject zone district or according to Division 12.10,
"Nonconforming Zone Lots."

DENVER ZONING CODE | 1.2-3


June 25, 2010 | Republished July 1, 2021
Article 1. General Provisions
Division 1.2 Zone Lots

C. Flag Zone Lot Standards


Rules of Measurement for Zone Lot dimensions are found in Article 13, Section 13.1.5, "Siting
Form Standards."
1. A Flag Zone Lot meeting the minimum requirements in this Section 1.2.3.3.C shall be cre-
ated through application for a Zone Lot Amendment according to Section 12.4.4, "Zone
Lot Amendments."
2. A Flag Zone Lot shall be no less than 20 feet wide measured along the Primary Street
Zone Lot Line. For purposes of applying building form standards by Zone Lot Width for
development, Flag Zone Lot Width shall be measured according to Section 13.1.5.1.B,
"Rule of Measurement for Zone Lot Width."
3. A Flag Zone Lot must have a minimum of 160 feet of Zone Lot depth. Flag Zone Lot depth
shall be measured as the distance between the two points located (1) on the Primary
Street Zone Lot Line and (2) on the Rear Zone Lot Line that yield the greatest distance.
See Figure 1.2-2.
4. A Flag Zone Lot shall measure a minimum of 50 feet wide, as measured parallel to the
Primary Street Zone Lot Line, for at least 40 feet of contiguous Zone Lot depth. Flag Zone
Lot depth shall be measured as the distance between the two points located (1) on the
Primary Street Zone Lot Line and (2) on the Rear Zone Lot Line that yield the greatest
distance. See Figure 1.2-2.
5. A Flag Zone Lot shall meet the minimum Zone Lot area building form standard, but no
portion of the Flag Zone Lot that is less than 30 feet in width, as measured parallel to the
Primary Street Zone Lot Line, shall count toward the required minimum Zone Lot Area.
See Figure 1.2-2.
6. When creating a new Flag Zone Lot through a Zone Lot Amendment, and before any
development is allowed to occur on a Flag Zone Lot, the proposed new Flag Zone Lot shall
be reviewed and approved by the Fire Department, which may impose conditions upon
the approval of the Zone Lot Amendment to create the Flag Zone Lot.
7. When a Flag Lot contains either an existing or a proposed Primary Structure that does
not have a Primary Street-facing Façade, the Primary Structure shall be exempt from pro-
viding a required Primary Street Pedestrian Access, such as an Entrance or Entry Feature.
D. Determination of Zone Lot Lines
The Zoning Administrator shall determine which Zone Lot Lines of a Flag Zone Lot are Primary
Street, Side Street, Side Interior, or Rear Zone Lot Lines. For purposes of applying building
form standards regulating height and bulk plane for a Flag Zone Lot, see Section 13.1.4.1, "Rule
of Measurement for Percentage of Zone Lot Depth, Front and Rear."
E. Effect
A Flag Zone Lot shall be considered a Conforming Zone Lot.

1.2-4 | DENVER ZONING CODE


June 25, 2010 | Republished July 1, 2021
Article 1. General Provisions
Division 1.2 Zone Lots

Figure 1.2-2

≥40’

PRIMARY STREET
Zone Lot Line
Primary Street
≥50’ ≥50’ Zone Lot
width
≥30’
≥20’

Zone Lot depth ≥160’

portion of zone lot


less than 30’ in width Not to Scale. Illustrative Only.
1.2.3.4 Compliance with Minimum Zone Lot Standards
Where the building forms allowed in a zone district include minimum Zone Lot standards, such as
minimum Zone Lot size or minimum Zone Lot width, compliance with such standards is subject to
the following:
A. New Zone Lots
The creation or designation of new Zone Lots (whether through subdivision, through designa-
tion of a new Zone Lot, or through amendment of an existing Zone Lot) shall comply with the
minimum standards as following:
1. New Zone Lots shall comply with the Zone Lot size and minimum Zone Lot width for at
least one primary building form allowed in the subject zone district. Different minimum
Zone Lot sizes and widths may apply to different primary building forms allowed in the
same zone district.

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.

DENVER ZONING CODE | 1.2-5


June 25, 2010 | Republished July 1, 2021
Article 1. General Provisions
Division 1.2 Zone Lots

1.2.3.5 Number of Uses and Structures Allowed Per Zone Lot


A. Number of Uses and Structures Allowed per Zone Lot
The following tables establish the number of structures and uses allowed per zone lot, except
as permitted in Section 1.2.3.5.B, Allowed Increases. Refer to the summary tables of allowed
Building Forms per zone district presented in Articles 3-9 for additional standards and limits
on the number of uses and structures allowed per zone lot. In case of conflict between the stan-
dards presented in this Section 1.2.3.5 and a standard stated in Articles 3-9, the more restrictive
standard shall apply.

PRIMARY USES AND STRUCTURES - NUMBER ALLOWED PER ZONE LOT


Maximum #
Applicable Maximum # Primary
Applicable
Building Applicable Uses Primary Uses Structures Specific Requirements
Zone Districts
Forms per Zone Lot per Zone
Lot
All S-RH, S-MU,
M-RH, M-RX,
All Permitted Primary
M-CC, M-MX, No Limit No Limit na
Uses
and M-GMX
Zone Districts
Minimum Zone Lot Area of 18,000-square
Permitted "Civic, Public No Limit except
feet required. One primary use categorized
& Institutional" Primary Maximum 1
Suburban as "Household Living" and permitted in the
Uses with or without "Household No Limit
House, zone district may be combined with one
Permitted "Household LIving" Primary
Urban or more primary uses categorized as "Civic,
Living" Primary Use Use*
House, and Public, & Institutional".
All Other Zone
Duplex Districts Where Primary "Nonresidential No Limit -
Building Form Use in Existing Business Subject to
See applicable use limitations in Section
is Permitted Structure" with or Specific Re- 1
11.4.6
without any other quirements at
Permitted Primary Use right
See Section 1.2.3.5.B for allowed increases
All Other Permitted
1 1 in all SU- and TU- zone districts for zone lots
Primary Uses
with certain existing accessory structures.
2 - Subject Building Form shall consist of Tandem
All Zone 2 - Subject to
to House Primary Structure #1 containing 1
Tandem Districts Where All Permitted Primary Specific Re-
Specific Re- Single Unit Dwelling use and Tandem House
House Building Form Uses quirements at
quirements Primary Structure #2 containing 1 Single
is Permitted right
at right Unit Dwelling use.
All Zone
All Other
Districts Where All Permitted Primary
Building No Limit No Limit na
Building Form is Uses
Forms
Permitted
*For example: In the U-SU-C zone district, an elementary school, place for religious assembly (e.g., church), and a single-unit dwelling use
may all be established as primary uses on the same Zone Lot.

1.2-6 | DENVER ZONING CODE


June 25, 2010 | Republished July 1, 2021
Article 1. General Provisions
Division 1.2 Zone Lots

ACCESSORY USES AND STRUCTURES - NUMBER ALLOWED PER ZONE LOT


Maximum #
Applicable Ac- Maximum #
Applicable Detached Acces-
cessory Build- Applicable Uses Accessory Uses Specific Requirements
Zone Districts sory Structures
ing Forms per Zone Lot
per Zone Lot
No Limit except See Section 11.8.2 for additional
Detached Accessory
Maximum 1 No Limit - Sub- requirements for the Accessory
Dwelling Unit Use
"Detached ject to Dwelling Unit use. Maximum one
with or without any
Accessory Specific Require- Accessory Structure of any building
other Permitted
Dwelling Unit" ments at right form with vehicle access doors per
All Zone Accessory Use
Detached Use dwelling unit per Zone Lot
Districts Where
Accessory
Building Form
Dwelling Unit
is Permitted No Limit - Sub-
Maximum one Accessory Structure of
All Other Permitted ject to
No Limit any building form with vehicle access
Accessory Uses Specific Require-
doors per dwelling unit per Zone Lot
ments at right

All Zone No Limit - Sub-


All Other Maximum one Accessory Structure of
Districts Where All Permitted ject to
Accessory No Limit any building form with vehicle access
Building Form Accessory Uses Specific Require-
Building Forms doors per dwelling unit per Zone Lot
is Permitted ments at right

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.

DENVER ZONING CODE | 1.2-7


June 25, 2010 | Republished July 1, 2021
Article 1. General Provisions
Division 1.2 Zone Lots

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.

Section 1.2.4 REFERENCE TO OTHER APPLICABLE PROVISIONS


1.2.4.1 Multiple Buildings on a Single Zone Lot
See Division 10.3, Multiple Buildings on a Single Zone Lot.

1.2.4.2 Zone Lot Amendment Procedures


See Section 12.4.4, Zone Lot Amendments.

1.2.4.3 Definition of “Zone Lot”


See Division 13.3, Definitions of Words, Terms and Phrases.

1.2.4.4 Nonconforming Zone Lots


See Division 12.10, Nonconforming Zone Lots.

1.2-8 | DENVER ZONING CODE


June 25, 2010 | Republished July 1, 2021
Article 1. General Provisions
Division 1.3 Official Zoning Map

Division 1.3 OFFICIAL ZONING MAP


Section 1.3.1 ADOPTION OF OFFICIAL MAP
The digital maps created and maintained by the Department of Community Planning and Development and
published by Technology Services’ Geographic Information Systems Office delineating the boundaries of the
various zone districts, together with all matters and things shown on such maps, are hereby adopted and ap-
proved, incorporated herein and made a part hereof and collectively shall constitute the official zoning map
of the City and County of Denver (“Official Map”). The Official Map shall be marked pursuant to a system of
identification established by Community Planning and Development consistent with this Code.

Section 1.3.2 AMENDMENTS TO OFFICIAL MAP


All amendments to the Official Map shall be maintained in and kept current by the Department of Community
Planning and Development and made available to the public.

Section 1.3.3 INTERPRETATIONS


1.3.3.1 District Regulations to be Uniform
The regulations established in this Code shall apply uniformly to all geographical areas having the
same zone district classification and designation on the Official Map.

1.3.3.2 Determination of Zone District Boundaries and Applicable Regulations


A. Zone Lots Less than or Equal to 6,000 Square Feet in Area
If a zone district boundary line divides a zone lot that is less than or equal to 6,000 square feet in
area as of the date the zone district boundary line was established such that the zone lot falls within
two or more zone districts, then an applicant may select one of the following options to determine
the applicable zoning regulations:
1. Each portion of the zone lot may be used in conformity with the regulations applicable to
the zone district that such portion falls within; or
2. The entire zone lot may be used in conformity with the regulations for the zone district
applicable to more than 50% of the zone lot area; or
3. 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.
B. Zone Lots Greater than 6,000 Square Feet in Area
If a zone district boundary line divides a zone lot that is greater than 6,000 square feet in area
as of the date the zone district boundary line was established such that the zone lot falls within
two or more zone districts, then each portion of the zone lot shall be developed only in confor-
mity with the regulations applicable to the zone district that such portion falls within, unless
one of the following exceptions apply:
1. If a building containing a permitted use exists on the zone lot on the date the zone district
boundary line was established and the building is divided by the zone district bound-
ary line, and provided the building is not voluntarily demolished, then an applicant may
select one of the following options to determine the applicable zoning regulations: Each
portion of the zone lot may be used in conformity with the regulations applicable to the
zone district that such portion falls within; or
a. The entire zone lot may be used in conformity with the regulations for the zone
district applicable to more than 50% of the zone lot area; or

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Division 1.3 Official Zoning Map

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.

1.3.3.3 Access Across Zone Lots With Different Zone Districts


A. Notwithstanding the provisions of subsections 1.3.3.2.A and 1.3.3.2.B, access across Zone Lots
that are in different zone districts shall be governed by this Section 1.3.3.3. In order to promote
appropriate development in all zone districts, access across a Zone Lot to another Zone Lot with
a different zone district classification is permitted, except that access to a Zone Lot not located
in a residential district across a Zone Lot located in a residential district shall not be permitted
unless the Zoning Administrator determines that:

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Division 1.3 Official Zoning 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.

1.3.3.4 Necessity for District Designation


A. It is the intent of this Code that all lands within the boundaries of the City and County of Denver
shall have a zone district designation. However, nothing herein prohibits one or more overlay
districts to be used in conjunction with another of the enumerated districts.
B. If for any reason any land within the boundaries of the City and County of Denver shall be
determined not to be within one of the aforesaid districts or shall be determined not to val-
idly bear one of the aforesaid zoning designations, whether such determination results from
annexation, from judicial declaration or from any other reason or cause, no permits shall be is-
sued for the erection or alteration of any structure or structures within the area found wanting
in classification until a zoning classification has been established therefore by the City Council.
A zoning classification shall be established promptly and within a reasonable period of time;
provided, however, that if a zoning classification is not established within 90 days from the date
on which an area is determined to be in want of a classification, the site shall be considered part
of the Open Space C (OS-C) District until such time as a zoning classification is established.

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Division 1.4 Building Form Standards - General Provisions

Division 1.4 BUILDING FORM STANDARDS - GENERAL


PROVISIONS
Section 1.4.1 INITIAL ASSIGNMENT OF BUILDING FORM TO A NEW
STRUCTURE
1.4.1.1 Intent
To facilitate development of new structures consistent with this Code's purpose and intent, and
with Denver's Comprehensive Plan.

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.

1.4.1.3 Initial Assignment of Building Form to a New Structure


For each new Structure, the applicant shall select, or assign a building form to apply to govern de-
velopment, provided:
A. The building form is allowed in the subject zone district; and
B. Where the building form standards include requirements for minimum Zone Lot Size, minimum
Zone Lot Width, and/or other siting or geographic limitations, the subject Zone Lot shall com-
ply with all such dimensional, siting, and/or geographic limitations.
C. For structures on a Nonconforming Zone Lot, as defined in Article 13, the building form select-
ed shall also comply with the requirements of Dvision 12.10, Nonconforming Zone Lots.
D. Fences and Walls shall not be assigned a building form.

1.4.1.4 Compliance with Building Form Standards


Development of a new structure on a Zone Lot other than a Fence or Wall shall comply with all stan-
dards in this Code for the building form selected. Development of Fences or Walls shall comply with
the standards stated in Division 10.5, Landscaping, Fences, Walls and Screening.

Section 1.4.2 INITIAL ASSIGNMENT OF BUILDING FORM TO AN EXISTING


STRUCTURE
1.4.2.1 Intent
To facilitate redevelopment and reuse of existing structures consistent with this Code’s purpose and
intent, and with Denver’s Comprehensive Plan.

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.

1.4.2.3 Initial Assignment of Building Form to Existing Structure


For each existing Structure, the applicant shall select or assign a building form to apply to govern
development according to this Section 1.4.2.3.

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Division 1.4 Building Form Standards - General Provisions

A. Building Form is Allowed and Zone Lot is Conforming


The applicant shall select or assign a building form to an existing structure, provided:
1. The building form is allowed in the subject zone district, and
2. The subject Zone Lot complies with the minimum Zone Lot Size (area), Width, and/or
other siting or geographic limitations for the selected building form, and is otherwise a
Conforming Zone Lot.
3. Existing Fences and Walls shall not be assigned a building form.
B. Nonconforming Zone Lots
If the subject zone lot is a Nonconforming Zone Lot, it may only be developed (and a building
form assigned) according to the rules for Nonconforming Zone Lots stated in Division 12.10 of
this Code.
C. Compliance with Building Form Standards
1. Full Compliance Not Required
Under an applicant-assigned initial building form, the existing Structure is not required to
comply with all the selected building form standards, except that the subject Conforming
Zone Lot shall comply with the selected building form's standards for minimum Zone Lot
Size (area), minimum Zone Lot Width, and/or other siting or geographic limitations for
the selected building form, as applicable.
2. Future Use and Development May Be Considered
This Section allows an applicant to assign a building form to their existing Structure
based not only on what is allowed in the zone district and on the subject Zone Lot, but
also what the applicant intends to do with the Structure in the future.
Example: An existing primary structure was legally constructed in 1965 under For-
mer Chapter 59 (FC59) and has been continuously maintained and used as a single-
unit dwelling. The structure is in an E-TU-B zone district. The zone lot is 4,500 sf.
and 35 feet wide. The current owner wants to enlarge the existing structure and
establish a new two-unit dwelling use. The primary structure building forms avail-
able to choose from based on the zone district and subject zone lot dimensions are
Urban House, Duplex, and Tandem House. The applicant can choose any of these
forms, regardless of the existing structure’s current use or degree of compliance
with any of the three building forms. Here, even though the structure is currently
being used for single-unit dwelling use, and therefore would violate the Duplex
building form’s use limitation standard, the owner may choose to apply the Duplex
form to the existing structure to most closely accommodate their future develop-
ment plan to convert the structure to a two-unit dwelling use.

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.

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Division 1.4 Building Form Standards - General Provisions

D. Zoning Administrator Authority to Make Initial Assignment of Building Form


In the following circumstances, the Zoning Administrator may make the initial assignment of
building form to an existing Structure:
1. In an application for a Zone Lot Amendment, the Zoning Administrator may assign a
building form to an existing Structure that will be affected by the Zone Lot Amendment to
determine whether the amendment can be approved without creating any new, noncon-
forming building elements (e.g., setback or bulk).
2. In zoning enforcement actions, the Zoning Administrator may assign a building form to
an existing structure to determine the nature or extent of zoning code violations (e.g., a
violation of the permitted use of a detached garage).
3. When assigning the initial building form to an existing Structure in the limited circum-
stances above, the Zoning Administrator shall assign a building form allowed in the sub-
ject zone district and allowed on the subject Zone Lot (the Zone Lot shall comply with the
assigned form’s minimum Zone Lot Size (area), Zone Lot Width requirements), and which
results in the least amount and/or degree of Structure or building form nonconformities,
including use.

Section 1.4.3 COMBINING BUILDING FORM STANDARDS


Combining standards from different building forms for the same structure is prohibited unless
expressly allowed by this Code.

Section 1.4.4 CHANGING BUILDING FORMS


At an Applicant's request, a Structure with an existing assigned building form may be assigned a
different permitted building form if:
A. The structure fully conforms with all applicable standards of the new building form; or,
B. The existing assigned building form is no longer a permitted building form in the applicable
zone district.

Section 1.4.5 APPLICABLE BUILDING FORM STANDARDS FOR DETACHED


STRUCTURES WITH BUILDING CONNECTOR
1.4.5.1 Intent
To provide clarity and conditions for how to apply building form standards when a physical
connection (e.g., a below-grade tunnel or an above-grade breezeway) between two or more
structures exists.

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.

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Division 1.4 Building Form Standards - General Provisions

1.4.5.4 Exception for Detached Structures with Building Connector


The vertical separation between one or more Detached Primary Structures or between one
Detached Primary Structure and its Detached Accessory Structures may be interrupted by a
Building Connector meeting the following requirements. A Building Connector meeting the
following requirements shall not be considered a Common Wall between such Structures:
A. A building form allowed in the subject zone district for Accessory Structures shall be selected
and assigned to the Building Connector. The Building Connector shall comply with all
applicable standards for the building form selected.
B. The Building Connector shall be separated from the interiors of the Detached Structures it
serves by the Exterior Walls and doors of the Detached Structures it serves.
C. The Building Connector shall be used exclusively as a pedestrian trafficway between the
Detached Structures it connects, without any provisions for storage, furnishings, or other uses.

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