denver zoning code - yola€¦ · denver zoning code | 9.2-13 june 25, 2010 | republished july 6,...

DENVER ZONING CODE

Effective DateJune 25, 2010

Restated in its Entirety on July 6, 2015

As Amended Through November 25, 2016

2.5-2 |

Article 2. Using the CodeDivision 2.5 Establishment of Zone Districts

DENVER ZONING CODEJune 25, 2010 | Republished July 6, 2015

Amendment: 4, 9

2.5.1.2 General Urban, Urban Center and Downtown Neighborhood Context:GENERAL URBAN NEIGHBORHOOD CONTEXT

URBAN CENTERNEIGHBORHOOD CONTEXT

DOWNTOWN NEIGHBORHOOD CONTEXT

G-RH-3 Row House 3 C-RX-5 Residential Mixed Use 5 D-C Downtown Core District

G-MU-3 Multi Unit 3 C-RX-8 Residential Mixed Use 8 D-TD Downtown Theater District

G-MU-5 Multi Unit 5 C-RX-12 Residential Mixed Use 12 D-LD Lower Downtown District

G-MU-8 Multi Unit 8 C-MX-3 Mixed Use 3 D-CV Downtown Civic District

G-MU-12 Multi Unit 12 C-MX-5 Mixed Use 5 D-GT Downtown Golden Triangle

G-MU-20 Multi Unit 20 C-MX-8 Mixed Use 8 D-AS Downtown Arapahoe Square

G-RO-3 Residential Office 3 C-MX-12 Mixed Use 12 D-AS-12+ Downtown Arapahoe Square 12+

G-RO-5 Residential Office 5 C-MX-16 Mixed Use 16 D-AS-20+ Downtown Arapahoe Square 20+

G-RX-5 Residential Mixed Use 5 C-MX-20 Mixed Use 20

G-MX-3 Mixed Use 3 C-MS-5 Main Street 5

G-MS-3 Main Street 3 C-MS-8 Main Street 8

G-MS-5 Main Street 5 C-MS-12 Main Street 12

C-CCN-3 Cherry Creek North 3






2.5.1.3 Special Contexts and Zone Districts:INDUSTRIAL CONTEXT

I-MX-3 Industrial Mixed Use 3



I-A Light Industrial

I-B General Industrial

CAMPUS CONTEXT

CMP-H Campus Healthcare

CMP-H2 Campus Healthcare 2

CMP-EI Campus Education Institution

CMP-EI2 Campus Education Institution 2

CMP-ENT Campus Entertainment

CMP-NWC Campus National Western Center

OPEN SPACE CONTEXT

OS-A Open Space Public Parks

OS-B Open Space Recreation

OS-C Open Space Conservation

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| TOC-i DENVER ZONING CODEJune 25, 2010 | Republished July 6, 2015

contents

Article 9. SPeciAl cONteXtS AND DiStrictSDIVISION 9.1 INDUSTRIAL CONTEXT (I-MX, I-A, I-B) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.1-1

Section 9.1.1 Industrial Context Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.1-1Section 9.1.2 Districts Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.1-2Section 9.1.3 Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.1-3Section 9.1.4 Uses and Required Minimum Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.1-24

DIVISION 9.2 CAMPUS CONTEXT (CMP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.2-1Section 9.2.1 Campus Context Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.2-1Section 9.2.2 Districts Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.2-2Section 9.2.3 Campus Healthcare and Healthcare 2 (CMP-H, CMP-H2) . . . . . . . . . . . . . . . . . . . . .9.2-2Section 9.2.4 Campus-Education/Institution (CMP-EI, CMP-EI2) . . . . . . . . . . . . . . . . . . . . . . . . . . .9.2-9Section 9.2.5 Campus- Entertainment (CMP-ENT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.2-15Section 9.2.6 Campus - National Western Center (CMP-NWC) . . . . . . . . . . . . . . . . . . . . . . . . . . .9.2-19Section 9.2.7 Design Standard Exceptions CMP-H, CMP-H2; CMP-EI, CMP-EI2; CMP-ENT; CMP-NWC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.2-22Section 9.2.8 Uses and Required Minimum Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.2-34

DIVISION 9.3 OPEN SPACE CONTEXT (OS-A, OS-B, OS-C) . . . . . . . . . . . . . . . . . . . . . . . 9.3-1Section 9.3.1 Open Space Context Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.3-1Section 9.3.2 Districts Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.3-2Section 9.3.3 Primary Building Form Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.3-2Section 9.3.4 Uses and Required Minimum Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.3-5

DiViSiON 9.4 OVerlAY ZONe DiStrictS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.4-1Section 9.4.1 General Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.4-1Section 9.4.2 Overlay Zone Districts Established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.4-1Section 9.4.3 Conservation Overlay District (CO-) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.4-1Section 9.4.4 Use Overlay Districts (UO-) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.4-12Section 9.4.5 Design Overlay Districts (DO-) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.4-16

DIVISION 9.5 DENVER INTERNATIONAL AIRPORT ZONE DISTRICTS AND O-1 ZONE DiStrict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.5-1

Section 9.5.1 Districts Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.5-1Section 9.5.2 Denver International Airport Zone District (DIA) . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.5-2Section 9.5.3 DIA Influence Area Overlay Zone (AIO-) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.5-2Section 9.5.4 O-1 Zone District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.5-4Section 9.5.5 Uses and Required Minimum Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.5-4

DIVISION 9.6 PLANNED UNIT DEVELOPMENT DISTRICT (PUD) . . . . . . . . . . . . . . . . . 9.6-1Section 9.6.1 Planned Unit Development District (PUD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.6-1

DIVISION 9.7 MASTER PLANNED CONTEXT (M-RH, M-RX, M-CC, M-MX, M-IMX, M-GMX) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.7-1

Section 9.7.1 Master Planned Context Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.7-1Section 9.7.2 Districts Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.7-2Section 9.7.3 Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.7-4Section 9.7.4 Detached Accessory Building Form Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.7-30Section 9.7.5 Supplemental Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.7-38Section 9.7.6 Design Standard Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.7-40Section 9.7.7 Design Standard Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.7-42Section 9.7.8 Reference to Other Design standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.7-55Section 9.7.9 Uses and Required Minimum Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.7-56Section 9.7.10 Applicable Use Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.7-67

Amendment: 1, 2, 3, 4, 10

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Article 9. Special Contexts and DistrictsDivision 9.2 Campus Context

9.2-2 | DENVER ZONING CODEJune 25, 2010 | Republished July 6, 2015

SectiON 9.2.2 DISTRICTS ESTABLISHED

To carry out the provisions of this Code, the following zone districts have been established in the Campus Context and are applied to property as set forth on the Official Map.

CAMPUS CONTEXT

CMP-H Campus - Healthcare

CMP-H2 Campus - Healthcare 2

CMP-EI Campus - Education Institution

CMP-EI2 Campus - Education Institution 2

CMP-ENT Campus - Entertainment

CMP-NWC Campus - National Western Center

SectiON 9.2.3 CAMPUS HEALTHCARE AND HEALTHCARE 2 (CMP-H, CMP-H2) 9.2.3.1 intent

These districts are intended to promote and encourage the maintenance and concentration of exist-ing and proposed healthcare facilities and their related uses. Buildings should be designed to orient outward to the surrounding area to encourage public safety.

The CMP-H district is intended to include the principal structures and related facilities of each healthcare institution. The district is established to allow for flexible placement of buildings, and unified treatment of signs, open space, landscaping and other site elements while providing com-patible transitions between the campus and adjacent neighborhoods.

The CMP-H2 district is generally adjacent to a single unit, two unit, or row house residential zone district to act as a transition zone by requiring more open space and limiting building height more than in the CMP-H zone. In all other respects, the CMP-H2 is similar to the CMP-H district. Any CMP-H2 District shall be incorporated into the Zone Lot plan for the adjacent CMP-H District.

9.2.3.2 Design Standards A. Applicability

All development in the CMP-H, CMP-H2 zone districts.

B. General Standards

1. campus Design StandardsCampus design review processes and standards (such as those outlined in campus master plans, design guidelines, or neighborhood plans) that address campus building height transi tions, architectural elements, parking plans, and vehicular and pedestrian access shall be applied during Site Plan Review when available.

2. Zone lotThe Zoning Administrator shall designate the campus zone lot boundaries including one or more primary streets, alleys, and rights-of-way. Designation of the zone lot boundar-ies shall be consistent with the zone lot standards stated in Section 13.1.5.2, Determina-tion of Primary Street Zone Lot Line, Side Street Zone Lot Line, Side Interior Zone Lot Line, and Rear Zone Lot Line for All zone districts EXCEPT CC, MX, and MS, and Division 1.2, Zone Lots. The area shall include the pri mary use in addition to all expected acces-sory uses, including auxiliary office, residential, service and other campus support uses.

Amendment: 4

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| 9.2-9 DENVER ZONING CODEJune 25, 2010 | Republished July 6, 2015

SectiON 9.2.4 CAMPUS-EDUCATION/INSTITUTION (CMP-EI, CMP-EI2)9.2.4.1 intent

The Campus Education/Institution Districts are intended for educational institutions that incorpo-rate primary, intermediate, high school, college and university uses and associated programming including student boarding facilities. This district also accommodate other types of large scale civic, public and institutional uses such as museums, public and religious assembly uses. The district is established to allow for flexible placement of buildings, and unified treatment of signs, open space, landscaping and other site elements while providing compatible transitions between the campus and adjacent neighborhoods.

The CMP-EI district is intended to be applied to institutions and campuses of larger area and scale, where additional flexibility is desired to accommodate the unified treatment of master planned campus elements, such as flexible placement of buildings, internal pedestrian walkways and con-nections, indoor and outdoor recreational facilities, open plazas and green spaces, signage, and site landscaping.

The CMP-EI2 district is intended to be applied to smaller- to medium-scale campus sites generally adjacent to a single unit, two unit, town house, or row house residential zone district, where it is important to require more open space and more limited building height than in the CMP-EI zone to assure adequate transitions to adjacent, lower-scale residential neighborhoods. In addition, certain land uses with the potential for off-site impacts are more strictly limited in the CMP-EI2 district than in the CMP-EI district. In all other respects, the CMP-EI2 is similar to the CMP-EI district.

9.2.4.2 Design Standards A. Applicability

All development in the CMP-EI, CMP-EI2 zone districts.

B. General Standards

1. campus Design StandardsCampus design review processes and standards (such as those outlined in campus master plans, design guidelines, or neighborhood plans) that address campus building height transi tions, architectural elements, parking plans, and vehicular and pedestrian access shall be applied during Site Development Plan Review where available.

2. Zone lotsThe Zoning Administrator shall designate the campus zone lot boundaries including one or more primary streets, alleys, and rights-of-way. Designation of the zone lot boundar-ies shall be consistent with the zone lot standards stated in Section 13.1.5.2, Determina-tion of Primary Street Zone Lot Line, Side Street Zone Lot Line, Side Interior Zone Lot Line, and Rear Zone Lot Line for All zone districts EXCEPT CC, MX, and MS, and Division 1.2, Zone Lots. The area shall include the pri mary use in addition to all expected acces-sory uses, including auxiliary office, residential, service and other campus support uses.

3. Reference to Article 10 Design StandardsRefer to the following Divisions for other applicable design standardsa. Parking and Loading: Division 10.4b. Landscaping, Fences, Walls and Screening: Division 10.5c. Site Grading: Division 10.6d. Outdoor Lighting: Division 10.7e. Signs: Division 10.10

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GENERAL (2 OF 2)

H E I G H T CMP-EI2

A Feet (max) 150’

A Feet, within 175’ of Protected District (max) 75’

B Bulk Plane Vertical Height at Centerline of Primary Street 10’

C Bulk Plane Vertical Height at Centerline of Side Street 10’

D Bulk Plane Vertical Height at Side Interior Property Line 10’

E Bulk Plane Vertical Height at Rear Property Line, or Centerline of alley if present 10’

Bulk Plane Slope 45°

S I T I N G CMP-EI2

SETBACKS AND BUILDING COVERAGE

F Primary Street (min) 20’

G Side Street (min) 7.5’

H Side interior (min) 7.5’

I Rear, alley/no alley (min) 10’/20’

Building Coverage, including all accessory structures (max) 60%

PARKING

Vehicle Access, 3 or more side-by-side dwelling units in one structure From Alley; or Street access allowed when no Alley present (Sec. 9.2.6.4))

Vehicle Access, all other permitted uses Access determined as part of Site Development Plan Review

U S E S CMP-EI2

All permitted Primary Uses shall be allowed within this building form. See Section 9.2.7 Uses and Parking

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Amendment: 4

SECTION 9.2.7 DESIGN STANDARD EXCEPTIONS CMP-H, CMP-H2; CMP-EI, CMP-EI2; CMP-ENT; CMP-NWC9.2.7.1 Height Exceptions

A. intentTo allow building features to exceed maximum height for utility purposes and/or limited recre-ation or building amenities in the higher intensity zone districts/larger forms.

B. Applicability and Standards:

1. The following building features are allowed to exceed height in feet, stories, bulk plane and upper story setbacks as described in the table below, subject to the standards in this section 9.2.6.1.

2. Unoccupied elevator penthouses, stair enclosures, and enclosed or unenclosed mechani-cal equipment including vertical or sloped screen walls for such equipment granted an exception for height in stories shall only be as large as necessary to achieve the intended function of the feature and shall not exceed the minimum required dimensions defined in the Denver Building and Fire Code.

3. An elevator lobby granted an exception for height in stories shall be no larger in area than the area of the elevator shaft which it abuts, measured to the exterior walls.

4. Unoccupied building features shall not include space for living, sleeping, eating, cooking, bathrooms, toilet compartments, closets, halls, storage, or similar space.

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SECTION 9.2.8 USES AND REQUIRED MINIMUM PARKING9.2.8.1 Applicability

A. This Section 9.2.7 sets forth the land uses permitted, the required zoning procedures and the required minimum parking for all the Campus Context zone districts.

B. Uses not listed are prohibited, unless the Zoning Administrator specifically permits the unlisted use according to Section 12.4.6, Code Interpretations and Determination of Unlisted Uses.

C. For number of primary and accessory uses allowed per Zone Lot, see Section 1.2.3.5, Number of Structures and Uses Allowed per Zone Lot.

9.2.8.2 Organization A. Organized by Primary, Accessory and Temporary Uses

The Use and Parking Table first presents all primary uses, then all accessory uses, and finally all temporary uses. Primary uses are arranged hierarchically within the table by use classifica-tion, category of primary uses, and then by specific use type. Accessory uses are organized by whether such use is accessory to a primary residential use or to a primary nonresidential use. Temporary uses are presented alphabetically ordered in the last division of the table.

B. Primary Use Classifications, Categories & Specific Use Types

1. Primary Use ClassificationsAll primary land uses in the Use and Parking Table are organized into one of the following five general land use classifications: a. Residential Usesb. Civic, Public & Institutional Usesc. Commercial Sales, Service & Repair Usesd. Industrial, Manufacturing & Wholesale Usese. Agriculture

2. Primary Use Categories & Specific Use TypesPrimary uses are further organized into use categories and specific use types listed under each general primary land use classification. The Use and Parking Table is organized into the above five general land use classifications, use categories and specific use types.

3. Classifications & Categories Are Mutually ExclusiveThe general land use classifications and use categories listed in the Use and Parking Table are intended to be mutually exclusive; that is, a use classified into one use category, such as “lodging accommodations,” cannot be classified in a different use category, such as “group living,” unless otherwise expressly allowed by this Code.

9.2.8.3 Explanation of Table AbbreviationsA. General Explanation of Table Cell Entries

In each of the table cells, the entry will indicate first whether use limitations apply to the spe-cific use, and then separated by a hyphen, the type of zoning review required prior to establish-ment of the use under this Code. For example, as described in more detail below, a cell entry “L-ZPIN” means, first, the use is subject to use limitations (the “L”), and, second, that the use is subject to zoning permit review with information notice (the “ZPIN”) prior to its establishment.

B. Permitted, Limited, Not Permitted

1. Permitted Use - No Use Limitations Apply (“P”)A “P” in a table cell indicates that the use is permitted in the respective zone district, and is not subject to use limitations.

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2. Permitted Use - Subject to Use Limitations (“L”)“L” in a table cell indicates the use is permitted in the zone district subject to compliance with the use limitations referenced in the last column of the use table (“Applicable Use Limitations”).

3. Uses Not Permitted (“NP”)“NP” in a table cell indicates that the use is not permitted in the specific zone district.

c. Zoning Procedure

1. Use Subject to Zoning Permit Review (“ZP”)“ZP” in a table cell indicates that the use is permitted in the respective zone district only if reviewed and approved according to the requirements in Section 12.4.1, Zoning Permit Review.

2. Use Subject to Zoning Permit Review with Informational Notice (“ZPIN”)“ZPIN” in a table cell indicates that the use is permitted in the respective zone district only if reviewed and approved according to the public notice and procedural require-ments in Section 12.4.2, Zoning Permit Review with Informational Notice. Such uses shall comply with any applicable use limitations noted in the last column of the use table (“Ap-plicable Use Limitations”), as well as the review criteria stated in Section 12.4.2, Zoning Permit Review with Informational Notice.

3. Use Subject to Zoning Permit with Special Exception Review (“ZPSE”)“ZPSE” in a table cell indicates that use is generally appropriate in the neighborhood con-text and zone district, yet may have the potential for limited impacts on adjacent proper-ties or on the established character of the neighborhood context or zone district. “ZPSE” uses are subject to a Board of Adjustments public hearing according to Section 12.4.9, Zoning Permit with Special Exception Review, which grants the Board of Adjustment the authority to impose conditions on the specified use to mitigate any potential impacts. Such uses shall comply with any applicable use limitations noted in the last column of the use table (“Applicable Use Limitations”), as well as the review criteria stated in Section 12.4.9, Zoning Permit with Special Exception Review.

4. Uses Where More Than One Zoning Procedure Is Indicated Where a table cell shows more than one zoning procedure applies to a use, for example “L-ZP/ZPIN”, the referenced use limitation (last table column) will indicate which zoning procedure applies in a specific case. For example, a table cell may indicate “L-ZPIN/ZPSE” for a use. This means that the ZPIN zoning procedure will apply, unless the applicable use limitation specifies the ZPSE zoning procedure is triggered (e.g., by proximity to a Protected District).

9.2.8.4 Enclosure of UsesAll primary, accessory and temporary uses must be established, operated and maintained within a completely enclosed structure, unless otherwise specifically allowed by this Code. The Use and Parking Tables in Articles 3-9 indicate when a use may be established, operated or maintained out-side a completely enclosed structure by including an asterisk “*” next to the specific use type. For example, the asterisk following the “Telecommunication Tower*” use type in the tables indicates that a telecommunication tower land use need not be enclosed.

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9.2.8.5 District Specific Standards KEY: * = Need Not be Enclosed P = Permitted Use without Limitations L = Permitted Use with Limitations NP = Not Permitted Use ZP = Zoning Permit Review

ZPIN = Subject to Zoning Permit Review with Informational Notice ZPSE = Subject to Zoning Permit with Special Exception Review When no ZP, ZPIN, ZPSE listed = No Zoning Permit required

USE CATEGORY SPECIFIC USE TYPE• Vehicle Parking Requirement -# of spaces per unit of measurement• Bicycle Parking Requirement -# of spaces per unit of measurement (% required spaces in indoor facility/% required spaces in fixed facility)

CMP-HCMP-H2

CMP-EICMP-EI2 CMP-ENT CMP-NWC

APPLICABLE USE LIMITATIONS

RESIDENTIAL PRIMARY USE CLASSIFICATION

Household Living

Dwelling, Single Unit • No Parking Requirements NP P-ZP NP P-ZP

Dwelling, Two Unit• Vehicle: 0.75/unit• Bicycle: No requirement

NP P-ZP NP P-ZP

Dwelling, Multi-Unit • Vehicle: 0.75/unit• Bicycle: 1/ 2 units (80/20)

P-ZPIN EI: P-ZPEI2: P-ZPIN P-ZP P-ZP

Dwelling, Live / Work• Vehicle: 0.75/unit• Bicycle: 1/ 2 units (80/20)

NP NP NP P-ZP

Group Living

Assisted Living Facility• Vehicle: 0.75/unit• Bicycle: No requirement

P-ZP P-ZP NP P-ZP

Community Corrections Facility NP NP NP NPNursing Home, Hospice

• Vehicle: 0.75/unit• Bicycle: No requirement

P-ZP P-ZPIN NP P-ZP

Residence for Older Adults• Vehicle: 0.75/unit• Bicycle: No requirement

P-ZP P-ZP NP P-ZP

Residential Care Use, Small or Large• Vehicle: .25/unit• Bicycle: No requirement

L-ZPIN L-ZPIN L-ZPIN L-ZPIN § 11.2.8

Rooming and Boarding House • Vehicle: 2.5/ 1,000 s.f. GFA• Bicycle: No requirement

P-ZP P-ZP P-ZP P-ZP

Shelter for the Homeless• No Parking Requirements L L-ZPIN/L L L § 11.2.9

Student Housing• Vehicle: 1.25/unit• Bicycle: 1 / 5 units (100/0)

P-ZPIN P-ZPIN P-ZP P-ZP

Amendment: 4

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KEY: * = Need Not be Enclosed P = Permitted Use without Limitations L = Permitted Use with Limitations NP = Not Permitted Use ZP = Zoning Permit Review ZPIN = Subject to Zoning Permit Review with Informational Notice ZPSE = Subject to Zoning Permit with Special Exception Review

When no ZP, ZPIN, ZPSE listed = No Zoning Permit required


CMP-HCMP-H2



CIVIC, PUBLIC & INSTITUTIONAL PRIMARY USE CLASSIFICATION

Basic Utilities

Utility, Major Impact*• Vehicle: .5/ 1,000 s.f. GFA• Bicycle: No requirement

L-ZPSE L-ZPSE L-ZPSE L-ZPSE § 11.3.1

Utility, Minor Impact*• Vehicle: .5/ 1,000 s.f. GFA• Bicycle: No requirement

L-ZP L-ZP L-ZP L-ZP § 11.3.2

Community/ Public Services

Community Center• Vehicle: No requirement Bicycle: 1/10,000 s.f. GFA (0/100)

L-ZP L-ZP P-ZP P-ZP § 11.3.3

Day Care Center• Vehicle: 1/ 1,000 s.f. GFA• Bicycle: 1/ 10,000 s.f. GFA (0/100)

P-ZP P-ZP P-ZP P-ZP

Postal Facility, Neighborhood• Vehicle: 1.25/ 1,000 s.f. GFA• Bicycle: 1/7,500 s.f. GFA (20/80)

NP NP NP P-ZP

Postal Processing Center NP NP NP NP

Public Safety Facility• Vehicle: 1/ 1,000 s.f. GFA• Bicycle: 1/ 10,000 s.f. GFA (0/100)

P-ZP P-ZP P-ZP P-ZP

Hospital P-ZP NP NP NPCorrectional Institution NP NP NP NP

Cultural/Special Purpose/Public Parks & Open Space

Cemetery* NP NP NP NPLibrary

• Vehicle: 1/ 1,000 s.f. GFA• Bicycle: 1/ 10,000 s.f. GFA (0/100)

NP P-ZP P-ZP P-ZP

Museum• Vehicle: 1/ 1,000 s.f. GFA• Bicycle: 1/ 10,000 s.f. GFA (0/100)

NP P-ZP P-ZP P-ZP

City Park* NP NP NP NPOpen Space - Recreation*

• No Parking Requirements P-ZP P-ZP P-ZP P-ZP

Open Space - Conservation*• No Parking Requirements P-ZP P-ZP P-ZP P-ZP

Education

Elementary or Secondary School • Vehicle: 1/1,000 s.f. GFA• Bicycle - High School: 1/ 5,000 s.f. GFA (0/100)• Bicycle-All Others: 1/ 10,000 s.f. GFA (0/100)

P-ZP P-ZP NP P-ZP

University or College• Vehicle: 1/ 1,000 s.f. GFA• Bicycle: 1/ 10,000 s.f. GFA (0/100)

P-ZP P-ZP NP P-ZP

Vocational or Professional School• Vehicle: 1/ 1,000 s.f. GFA• Bicycle: 1/ 10,000 s.f. GFA (0/100)

P-ZP P-ZP NP P-ZP

Public and Religious As-sembly

All Types• No Parking Requirements P-ZP P-ZP P-ZP P-ZP

Amendment: 4

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CMP-HCMP-H2



COMMERCIAL SALES, SERVICES, & REPAIR PRIMARY USE CLASSIFICATION

Adult Business All Types NP NP NP NPSee Section 9.4.4, Use Overlay Districts, for adult business use allow-ance in the UO-1 District.

Arts, Recreation & Entertain-ment

Arts, Recreation and Entertainment Services, Indoor

• Vehicle - Artist Studio: 0.3/1000 sf GFA• Vehicle - All Others: 1.25/ 1,000 s.f. GFA• Bicycle: 1/7,500 s.f. GFA (20/80)

NP P-ZP P-ZP P-ZP

Arts, Recreation and Entertainment Services, Outdoor*

• Vehicle: 1.25/ 1,000 s.f. GFA• Bicycle: 1/7,500 s.f. GFA (20/80)

NP NP L-ZP L-ZP §11.4.3

Sports and/or Entertainment Arena or Stadium*

• Vehicle: 1.25/ 1,000 s.f. GFA• Bicycle: 1/7,500 s.f. GFA (20/80)

NP NP P-ZP P-ZP

Nonresidential Uses in Existing Business Structures In Residential Zones (All Uses Shall Be Parked According to the Parking Requirement Stated in this Use Table for the Specific Nonresidential Use)

Not Applicable

Parking of Vehicles

Parking, Garage• No Parking Requirements P-ZP P-ZP P-ZP P-ZP

Parking, Surface*• No Parking Requirements L-ZP L-ZP P-ZP P-ZP §11.4.7

Eating & Drinking Establish-ments

All Types• Vehicle: 2.5/ 1,000 s.f. GFA• Bicycle: 1/1,500 s.f. GFA (0/100)

NP NP P-ZP P-ZP

Lodging Accommodations

Bed and Breakfast Lodging• Vehicle: 0.875/guest room or unit• Bicycle: 1/7,500 s.f. GFA (60/40)

P-ZPEI: P-ZP EI2: NP P-ZP P-ZP

Lodging Accommodations, All Others• Vehicle: 0.5/ guest room or unit• Bicycle: 1/7,500 s.f. GFA (60/40)

P-ZPINEI: P-ZPIN

EI2: NP P-ZP P-ZP

Office

Dental / Medical Office or Clinic• Vehicle: 2.5/ 1,000 s.f. GFA• Bicycle: 1/7,500 s.f. GFA (60/40)

L-ZP L-ZP/P-ZPIN NP L-ZP §11.4.9

Office, All Others • Vehicle: 2.5/ 1,000 s.f. GFA• Bicycle: 1/7,500 s.f. GFA (60/40)

P-ZP P-ZP P-ZP P-ZP

Amendment: 4

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CMP-HCMP-H2



Retail Sales, Service & Repair (Not Including Vehicle or Equipment Sales, Service & Repair)

Animal Sales and Services, Household Pets Only

• Vehicle: 1.25/ 1,000 s.f. GFA• Bicycle: 1/ 7,500 s.f. GFA (20/80)

NP NP NP P-ZP

Animal Sales and Services, All Others• Vehicle: 1.25/ 1,000 s.f. GFA• Bicycle: 1/ 7,500 s.f. GFA (20/80)

NP NP NP L-ZP §11.4.12

Body Art Establishment• Vehicle: 1.25/ 1,000 s.f. GFA• Bicycle: 1/ 7,500 s.f. GFA (20/80)


Food Sales or Market*• Vehicle: 1.25/ 1,000 s.f. GFA• Bicycle: 1/ 7,500 s.f. GFA (20/80)

NP NP NP P-ZP

Liquor Store, Including Drugstores Licensed to Sell Liquor

• Vehicle: 1.25/1,000 s.f. GFA• Bicycle: 1/ 7,500 s.f. GFA (20/80)


Pawn Shop NP NP NP NPRetail Sales, Service & Repair -- Outdoor*

• Vehicle: 1.25/1,000 s.f. GFA• Bicycle: 1/ 7,500 s.f. GFA (20/80)


Retail Sales, Service & Repair - Firearms Sales• Vehicle: 1.25/ 1,000 s.f. GFA• Bicycle: 1/ 7,500 s.f. GFA (20/80)

NP NP NP P-ZP

Retail Sales, Service & Repair, All Others• Vehicle: 1.25/ 1,000 s.f. GFA• Bicycle: 1/7,500 s.f. GFA (20/80)

ZPIN NP P-ZP P-ZP

Vehicle / Equipment Sales, Rentals, Service & Repair

Automobile Emissions Inspection Facility NP NP NP NPAutomobile Services, Light NP NP NP NPAutomobile Services, Heavy NP NP NP NPAutomobile / Motorcycle / Light Truck Sales, Rentals, Leasing; Pawn Lot or Vehicle Auc-tioneer*

NP NP NP NP

Heavy Vehicle/ Equipment Sales, Rentals & Service* NP NP NP NP

INDUSTRIAL, MANUFACTURING & WHOLESALE PRIMARY USE CLASSIFICATION

Communications and Infor-mation

Antennas Not Attached to a Tower*• No Parking Requirements L-ZP L-ZP L-ZP L-ZP § 11.5.2

Communication Services• Vehicle: .5/ 1,000 s.f. GFA• Bicycle: No requirement

P-ZP P-ZP P-ZP P-ZP §11.5.1

Telecommunications Towers*• No Parking Requirements

L-ZP/ZPIN/ZPSE

L-ZP/ZPIN/ZPSE

L-ZP/ZPIN/ZPSE

L-ZP/ZPIN/ZPSE §11.5.2

Telecommunications Tower - Alternative Structure

• No Parking Requirements L-ZP/ZPIN L-ZP/ZPIN L-ZP/ZPIN L-ZP/ZPIN §11.5.2

Telecommunication Facilities -- All Others*• No Parking Requirements L-ZP L-ZP L-ZP L-ZP §11.5.2

Amendment: 4

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CMP-HCMP-H2



Industrial Services

Contractors, Special Trade - General NP NP NP NPContractors, Special Trade - Heavy/ Contractor Yard* NP NP NP NP

Food Preparation and Sales, Commercial• Vehicle: .5/ 1,000 s.f. GFA• Bicycle: No requirement


Laboratory, Research, Development and Technological Services

• Vehicle: .5/ 1,000 s.f. GFA• Bicycle: No requirement

P-ZPIN EI: P-ZPIN EI2: NP L-ZP P-ZP §11.5.6

Service/Repair, Commercial NP NP NP NP

Manufacturing and Produc-tion

Manufacturing, Fabrication & Assembly -- Custom



Manufacturing, Fabrication & Assembly -- General


NP NP NP L-ZP/ZPSE §11.5.9

Manufacturing, Fabrication & Assembly -- Heavy NP NP NP NP

Mining & Extraction and Energy Producing Systems

Oil, Gas -- Production, Drilling* NP NP NP NPSand or Gravel Quarry* NP NP NP NPWind Energy Conversion Systems*

• No Parking Requirements L-ZP L-ZP L-ZP L-ZP §11.5.13

Transportation Facilities

Airport* NP NP NP NP

Helipad, Helistop, Heliport*• No Parking Requirements L-ZP L-ZP L-ZP L-ZP

§11.5.14 CMP-H, CMP-H2: See Sec. 9.2.3.2 for Process

Railroad Facilities*• Vehicle: .3/ 1,000 s.f. GFA• Bicycle: No requirement


Railway Right-of-Way*• No Parking Requirements P-ZP P-ZP P-ZP P-ZP

Terminal, Station or Service Facility for Pas-senger Transit System NP NP NP P-ZP

Terminal, Freight, Air Courier Services NP NP NP NP

Waste Related Services

Automobile Parts Recycling Business NP NP NP NPJunkyard* NP NP NP NPRecycling Center



Recycling Collection Station• Vehicle: .3/ 1,000 s.f. GFA• Bicycle: No requirement

NP NP NP P-ZP

Recycling Plant, Scrap Processor NP NP NP NPSolid Waste Facility NP NP NP NP

Wholesale, Storage, Ware-house & Distribution

Automobile Towing Service Storage Yard* NP NP NP NPMini-storage Facility NP NP NP NPVehicle Storage, Commercial* NP NP NP NPWholesale Trade or Storage, General NP NP NP NPWholesale Trade or Storage, Light



Amendment: 4

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CMP-HCMP-H2



AGRICULTURE PRIMARY USE CLASSIFICATION

Agriculture

Aquaculture*• Vehicle: .5/ 1,000 s.f. GFA• Bicycle: No requirement


Garden, Urban*• Vehicle: .5 / 1,000 s.f. GFA• Bicycle: No requirement

L-ZP L-ZP L-ZP L-ZP §11.6.2

Husbandry, Animal* • Vehicle: .5/ 1,000 s.f. GFA• Bicycle: No requirement


Husbandry, Plant* NP NP NP NPPlant Nursery

• Vehicle: .5 / 1,000 s.f. GFA• Bicycle: No requirement

NP NP L-ZP L-ZP §11.6.5

ACCESSORY TO PRIMARY RESIDENTIAL USES USE CLASSIFICATION

Accessory to Primary Resi-dential Uses

(Parking is Not Required for Accessory Uses Unless Specifically Stated in this Table or in an Applicable Use Limitation)

Unlisted Accessory Uses L - Applicable to all Zone Districts §11.7Accessory Dwelling Unit

• Vehicle: 1 / Unit• Bicycle: No requirement

L-ZP L-ZP L-ZP L-ZP §11.7; §11.8.2

Domestic Employee L L L L §11.8.3Garden* L L L L §11.7; §11.8.4Keeping of Household Animals* L / L-ZPIN L / L-ZPIN L / L-ZPIN L / L-ZPIN §11.7; §11.8.5Keeping and Off-Street Parking of Vehicles, Motorcycles, Trailers & Recreational Vehicles* NP NP NP NP §11.7; §10.9

Kennel or Exercise Run* L L L L §11.7; §11.8.6Limited Commercial Sales, Services Accessory to Multi-Unit Dwelling Use L-ZP L-ZP L-ZP L-ZP §11.7; §11.8.7

Second Kitchen Accessory to Single Unit Dwelling Use L-ZP L-ZP L-ZP L-ZP §11.7; §11.8.8

Short-term Rental L L L L §11.7; §11.8.9Vehicle Storage, Repair and Maintenance Ac-cessory to a Dwelling Use* L L L L §11.7; §10.9

Wind Energy Conversion Systems* Not Applicable - See Permitted Primary UsesYard or Garage Sales* L L L L §11.7; §11.8.9

HOME OCCUPATIONS ACCESSORY TO PRIMARY RESIDENTIAL USES USE CLASSIFICATION

Home OccupationsChild Care Home, Large L-ZPIN L-ZPIN L-ZPIN L-ZPIN §11.9; §11.9.3All Other Types L-ZP L-ZP L-ZP L-ZP §11.9; §11.9.4Unlisted Home Occupations L-ZPIN - Applicable to all Zone Districts §11.9; §11.9.5

Amendment: 4, 8

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CMP-HCMP-H2



ACCESSORY TO PRIMARY NONRESIDENTIAL USES USE CLASSIFICATION

Accessory to Primary Non-residential Uses

(Parking is Not Required for Accessory Uses Unless Specifically Stated in this Table or in an Applicable Use Limitation)

Unlisted Accessory Uses L - Applicable to all Zone Districts §11.7; §11.10.1Amusement Devices Accessory to Eating / Drinking Establishments, College / University and Theater Uses

L-ZP L-ZP L-ZP L-ZP §11.7; §11.10.2

Automobile Rental Services Accessory to Certain Retail Uses* L L L L §11.7; §11.10.3

Book or gift store; media recording and production facilities accessory to public librar-ies, museums, places of religious assembly, colleges or universities

L L L L § 11.7; §11.10.4

Car Wash Bay Accessory to Automobile Services L-ZP L-ZP L-ZP NP §11.7; §11.10.5

College Accessory to a Place for Religious Assembly L L NP L §11.7; §11.10.6

Conference Facilities Accessory to Hotel Use L L L L §11.7; §11.10.7Drive Through Facility Accessory to Eating / Drinking Establishments and to Retail Sales, Service, and Repair Uses*

L-ZP L-ZP L-ZP L-ZP §11.7; §11.10.8

Garden* L L L L §11.7; §11.10.9

Keeping of Animals L/L-ZP/L-ZPIN

L/L-ZP/L-ZPIN

L/L-ZP/L-ZPIN

L/L-ZP/L-ZPIN §11.7; § 11.10.10

Nonresidential Uses in Existing Business Structures In Residential Zones - Accessory Uses

Not Applicable

Occasional Sales, Services Accessory to Places of Religious Assembly* L L L L §11.7; §11.10.11

Outdoor Eating and Serving Area Accessory to Eating / Drinking Establishments Use* L-ZP L-ZP L-ZP L-ZP §11.7; §11.10.12

Outdoor Entertainment Accessory to Eating / Drinking Establishments Use*

L-ZPIN/ZPSE L-ZPIN/ZPSE L-ZPIN/

ZPSEL-ZPIN/

ZPSE §11.7; §11.10.13

Outdoor Retail Sale and Display* L-ZP L-ZP L-ZP L-ZP §11.7; §11.10.14Outdoor Storage, General* NP NP NP NPOutdoor Storage, Limited* L-ZP L-ZP L-ZP L-ZP §11.7; §11.10.16 Rental or Sales of Adult Material Accessory to a Permitted Bookstore Retail Sales Use L L L L §11.7; §11.10.17

Amendment: 4

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CMP-HCMP-H2



TEMPORARY USE CLASSIFICATION

Temporary Uses

Unlisted Temporary Uses L - Applicable in all Zone Districts §11.11.1Ambulance Service - Temporary Not Applicable - See Permitted Primary Uses §11.11.2Amusement / Entertainment - Temporary* L-ZP L-ZP L-ZP L-ZP §11.11.3Bazaar, Carnival, Circus or Special Event* L-ZP L-ZP L-ZP L-ZP §11.11.4Building or Yard for Construction Materials* L-ZP L-ZP L-ZP L-ZP §11.11.5Concrete, Asphalt, and Rock Crushing Facility* L-ZP L-ZP L-ZP L-ZP §11.11.6Fence for Demolition or Construction Work L-ZP L-ZP L-ZP L-ZP §11.11.7Health Care Center P-ZP P-ZP P-ZP P-ZP §11.11.8Noncommercial Concrete Batching Plant* L-ZP L-ZP L-ZP L-ZP §11.11.9Outdoor Retail Sales - Pedestrian / Transit Mall* L-ZP L-ZP L-ZP L-ZP §11.11.10

Outdoor Retail Sales* L-ZP L-ZP L-ZP L-ZP §11.11.11Outdoor Sales, Seasonal* L-ZP L-ZP L-ZP L-ZP §11.11.12Parking Lot Designated for a Special Event* L-ZP L-ZP L-ZP L-ZP §11.11.13Retail Food Establishment, Mobile* L-ZP L-ZP L-ZP L-ZP §11.11.14Temporary Construction Office L-ZP L-ZP L-ZP L-ZP §11.11.15Temporary Office - Real Estate Sales L-ZP L-ZP L-ZP L-ZP §11.11.16Tent for Religious Services L-ZP L-ZP L-ZP L-ZP §11.11.17

Amendment: 4

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Article 10. General Design StandardsDivision 10.10 Signs


SectiON 10.10.7 cAMPUS ZONe DiStrictS SiGN StANDArDS 10.10.7.1 General

A. Signs may be erected, altered and maintained only for and by a use by right in the district in which the signs are located; shall be located on the same zone lot as the use by right and shall be clearly incidental, customary and commonly associated with the operation of the use by right; provided, however, that no sign of any type shall be erected or maintained for or by a single unit dwelling except signs permitted according to Sections 10.10.3.1.A, 10.10.3.1.B, 10.10.3.1.E, 10.10.3.1.G, 10.10.3.1.I and signs identifying home occupations as regulated by Sec-tion 11.9.2.4.

B. The sign standards contained within this Section apply to the following zone districts: CMP-H, CMP-H2, CMP-EI, CMP-EI2, CMP-ENT, and CMP-NWC.

10.10.7.2 Permanent SignsPermanent signs shall comply with the following standards:

CMP-HCMP-EI

CMP-H2CMP-EI2

CMP-ENTCMP-NWC

Contents Identification by letter, numeral, symbol or design of the use by right by name, use, hours of operations, services offered and events.

Identification by letter, numeral, symbol or design of the use by right or conditional use by name, use, hours of operation, services offered and events.

Identification by letter, numeral, symbol or design of the use by right by name, use, hours of operation, services and products offered, events and prices of products and services; and/or any sign or signs that do not come within the definition of off-site commercial sign.

Sign Types Wall, window, ground and projecting, except that projecting signs are pro-hibited for uses without direct street access on the ground story.

Wall, window, ground, projecting, and arcade, , except that projecting signs are prohibited for uses without direct street access on the ground story.

Wall, window, ground, projecting, and arcade, except that projecting signs are prohibited for uses without direct street access on the ground story.

Maximum Number

Projecting Signs Only: Each user may display 1 projecting sign adjacent to every street upon which the user has frontage and an entry, or 1 projecting sign at the corner of a building where the user has 2 frontages, provided that the approval of the manager of public works has been given pursu-ant to the provisions of Section 49-436 of the Revised Municipal Code.

All Other Signs, including a Mix of Projecting and Other Sign Types: 2 signs for each front line of the zone lot on which the use by right is located.

Projecting Signs Only: Each user may display 1 projecting sign adjacent to every street upon which the user has frontage and an entry, or 1 projecting sign at the corner of a building where the user has 2 frontages, provided that the approval of the manager of public works has been giv-en pursuant to the provisions of Section 49-436 of the Revised Municipal Code.

All Other Signs, including a Mix of Project-ing and Other Sign Types: Each use may have the greater number of the following: 5 signs; or 2 signs for each front line of the zone lot on which the use is located.

Projecting Signs Only: Each user may display 1 projecting sign adjacent to every street upon which the user has frontage and an entry, or 1 projecting sign at the corner of a building where the user has 2 frontages, provided that the approval of the manager of public works has been given pursuant to the provisions of Section 49-436 of the Revised Municipal Code.

All Other Signs, including a Mix of Projecting and Other Sign Types: Each use may have the greater number of the following: 5 signs; or 3 signs for each front line of the zone lot on which the use by right or conditional use is located.

Amendment: 4

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CMP-HCMP-EI

CMP-H2CMP-EI2

CMP-ENTCMP-NWC

Maximum Sign Area

University or College: The following regulations shall apply to the con-tiguous Campus only: 2 square feet of sign area for each 5 linear feet of street frontage of the zone lot; pro-vided, however, that the total area of all signs along any 1 street front shall not exceed 150 square feet of sign area, and no sign over 50 square feet shall be located within 100 ‘ of the zone lot line or campus boundary.

Hospitals: 2 square feet of sign area for each 5 linear feet of street front-age of the zone lot not, however, to exceed 96 square feet of sign area to be applied to any 1 street front and not more than 2 street fronts, 1 con-tiguous with the other, shall be used.

Lodging Accommodations: On zone lots having a linear street frontage of 100’ or less, 100 square feet; on zone lots having a linear street frontage of more than 100’, 1 square foot of sign for each linear foot of street front; provided, however, computations shall be made and sign area shall be determined on each street frontage separately and, provided further, that in no event shall more than 300 square feet of sign area be applied to any 1 street front. No sign shall exceed 300 square feet in size.

All Others: 20 square feet or two square feet of sign area for each 1,000 square feet of zone lot area; however, not to exceed 96 square feet of total sign area for each zone lot and provided that no 1 sign shall exceed 32 square feet.

Dwelling, Multiple Unit: 20 square feet or 1 square foot of sign area for each dwell-ing unit in a multiple unit dwelling not, however, to exceed 96 square feet of total sign area for any use and not more than 32 square feet of sign area to be applied to any 1 street front. University or College: The following regulations shall apply to the contiguous Campus only. 2 square feet of sign area for each 5 linear feet of street frontage of the zone lot; provided, however, that the total area of all signs along any 1 street front shall not exceed 150 square feet of sign area, and no sign over 50 square feet shall be located within 100’ of the zone lot line or campus boundary.Hospitals: 2 square feet of sign area for each 5 linear feet of street frontage of the zone lot not, however, to exceed 96 square feet of sign area to be applied to any 1 street front and not more than 2 street fronts, 1 contiguous with the other, shall be used.

Lodging Accommodations: On zone lots having a linear street frontage of 100’ or less, 100 square feet; on zone lots having a linear street frontage of more than 100’, 1 square foot of sign for each linear foot of street front; provided, however, computa-tions shall be made and sign area shall be determined on each street frontage separately and, provided further, that in no event shall more than 300 square feet of sign area be applied to any 1 street front. No sign shall exceed 300 square feet in size.

All Others: 20 square feet or the total permitted sign area for each use by right or conditional use shall be determined by one of the following provisions; not, how-ever, to exceed 192 square feet of total sign area for any 1 use and not more than 96 square feet of sign area to be applied to any 1 street front:

• For a zone lot having but 1 use by right or conditional use. 2 square feet of sign area for each 5 linear feet of street frontage of the zone lot; provided, however, that in computing the area of such signs not more than 2 street fronts, 1 contiguous with the other shall be used.• For a zone lot having 2 or more uses by right or conditional uses. 20 square feet plus 1 square foot of sign area for each 2 horizontal linear feet of that portion of the building front-age occupied by the use by right or conditional use.

Dwelling, Multiple Unit: One square foot of sign area for each dwelling unit in a multiple unit dwelling; not, however, to exceed 192 square feet of total sign area for any use and not more than 64 square feet of sign area to be applied to any 1 street frontage.

Lodging Accommodations: On zone lots having a linear street frontage of 100’ or less, 100 square feet; on zone lots having a linear street frontage of more than 100’, 1 square foot of sign for each linear foot of street front; provided, however, computations shall be made and sign area shall be determined on each street frontage separately and, provided further, that in no event shall more than 300 square feet of sign area be applied to any 1 street front. No sign shall exceed 300 square feet in size.

All Others: 80 square feet, or the total permitted sign area for each use by right shall be determined by one of the following provisions; provided, however, that no sign shall exceed 200 square feet in area nor shall the total sign area of any use exceed 600 square feet:

• For a zone lot having but 1 use by right. 1.5 square feet of sign area for each linear foot of front line of the zone lot for the first 100’. of the front line and 1 square foot of sign area for each linear foot of zone lot front line thereafter; provided, however, in computing the area of such signs, the measurements of not more than 2 front lines, 1 contiguous with the other, shall be used.• For a zone lot having 2 or more uses by right. For each use by right 2.5 square feet of sign area for each horizontal linear foot of that portion of building frontage occupied by the use by right, for the first 100’ of building frontage, then .5 square foot of sign area for each horizontal linear foot of building frontage thereafter.

Amendment: 4

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CMP-HCMP-EI

CMP-H2CMP-EI2

CMP-ENTCMP-NWC

Maximum Height Above Grade

Wall and window signs: 25 ‘Ground signs: 12’

Projecting signs: The bottom of any projecting sign must be at least 8’ above the sidewalk or ground story finished floor level, whichever is higher. The top of any projecting sign may be no higher than 15’ above the sidewalk or ground story finished floor level, whichever is higher.

Wall, window and arcade signs: • Dwellings, multiple unit and all uses

by right other than lodging accom-modations, office and bank: 25’.

• Lodging accommodations, office and bank: The roof line of the build-ing to which the sign is attached.

Ground signs: 25’.


Wall and window signs: The roof line of the building to which the sign is attached. Ground and arcade signs: 32’.


Location Wall and window signs: Shall be set in from the boundary lines of the zone lot on which it is located, the same distance as a building contain-ing a use by right; provided, however, wall signs may project into the re-quired setback space the permitted depth of the sign.

Ground signs: Shall be set in at least 5’ from every boundary line of the zone lot.

Projecting Signs:• Projecting graphics may project

no more than 5’ out from a building.

• Projecting signs shall not exceed the height of the para-pet of the building on which mounted.

• Projecting signs shall not be placed less than 8’ apart.

Wall, window and arcade signs: Shall be set back from the boundary lines of the zone lot on which located the same distance as a building containing a use by right or conditional use; provided, however, wall signs may project into the required setback space the permitted depth of the sign.

Ground signs: Shall be set in at least 5’ from every boundary line of the zone lot. In no case shall there be more than 1 ground sign applied to any street front.

Projecting Signs:• Projecting graphics may project no

more than 5’ out from a building.• Projecting signs shall not exceed the

height of the parapet of the building on which mounted.


Shall be set back at least 5’ from every boundary line of the zone lot in districts requiring a setback for structures; otherwise need not be set back from the boundary lines of the zone lot. Wall signs may project into the required setback space the per-mitted depth of the sign. In districts not requiring a building setback, wall signs attached to walls which are adjacent to a street right-of-way line may project into the right-of-way in accordance with Section 49-436. In no case shall there be more than 5 signs applied to any street front.

Projecting Signs:• Projecting graphics may project

no more than 5’ out from a building.

• Projecting signs shall not exceed the height of the parapet of the building on which mounted.


Illumination All Sign Types: May be illuminated but only from a concealed light source. Flashing signs are prohibited.

Additional Standards for Projecting Signs: • Illumination of projecting signs

shall be permitted by direct, indirect, neon tube, light emit-ting diode (LED), and fluores-cent illumination for users with over 20 linear feet of frontage. Users with fewer than 20 linear feet of frontage may have direct external illumination only.

• Fully internally-illuminated plastic sign boxes with internal light sources are prohibited

• Projecting signs may use a variety of illuminated colors.

All Sign Types: May be illuminated but only from a concealed light source. Flash-ing signs are prohibited.

Additional Standards for Projecting Signs: • Illumination of projecting signs shall

be permitted by direct, indirect, neon tube, light emitting diode (LED), and fluorescent illumination for users with over 20 linear feet of frontage. Users with fewer than 20 linear feet of frontage may have direct external illumination only.

• Fully internally-illuminated plastic sign boxes with internal light sources are prohibited.

• Projecting signs may use a variety of illuminated colors.

All Sign Types: May be illuminated. All direct illumination shall not exceed 25 watts per bulb. Flashing signs are prohibited.

Additional Standards for Projecting Signs: • Illumination of projecting signs

shall be permitted by direct, indirect, neon tube, light emit-ting diode (LED), and fluores-cent illumination for users with over 20 linear feet of frontage. Users with fewer than 20 linear feet of frontage may have direct external illumination only.

• Fully internally-illuminated plas-tic sign boxes with internal light sources are prohibited.

• Projecting signs may use a vari-ety of illuminated colors.

Animation Animated signs are prohibited. Animated signs are prohibited. Animated signs are prohibited.

Amendment: 4

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10.10.7.3 Temporary SignsSubject to the conditions hereinafter set forth and upon application to and issuance of a zoning per-mit therefore, signs identifying or advertising new construction, remodeling, rebuilding, develop-ment, sale, lease or rental of either a use by right or a designated land area; each such permit shall be valid for a period of not more than 12 calendar months and shall not be renewed for more than one successive period at the same location.

A. Permitted sign types:

1. CMP-H, CMP-H2, CMP-EI, CMP-EI2: Wall and ground.

2. CMP-ENT, CMP-NWC: Wall, ground and window.

B. Permitted maximum number: 1 sign for each zone lot or designated land area on which the sign is located.

C. Permitted sign area:

1. CMP-H2 and CMP-EI2: 20 square feet or 2 square feet of sign area for each acre of zone lot or designated land area not to exceed 150 square feet.

2. CMP-H and CMP-EI: 15 square feet plus 1 square foot per acre not to exceed 100 square feet for each zone lot or designated land area.

3. CMP-ENT, CMP-NWC: The greater number of the following: 100 square feet; or 1 square foot of sign area for each 2 linear feet of street frontage of the zone lot; provided however, that the total area of all signs on the zone lot shall not exceed 200 square feet.

D. Permitted maximum height above grade:

1. CMP-H, CMP-H2, CMP-EI, CMP-EI2: 12 feet.

2. CMP-ENT, CMP-NWC: 25 feet.

E. Permitted location of temporary signs: Shall be set in at least 5 feet from every boundary line of the zone lot or designated land area.

F. Permitted illumination of temporary signs:

1. CMP-H, CMP-H2, CMP-EI, CMP-EI2: May be illuminated but only from a concealed light source, and shall not remain illuminated between the hours of 11:00 p.m. and 6:00 a.m.

2. CMP-ENT, CMP-NWC: May be illuminated and all direct illumination shall not exceed 25 watts per bulb.

G. Prohibited: Flashing signs are prohibited and animated signs are prohibited.

10.10.7.4 Joint Identification Signs - CMP-H2, CMP-EI2, and CMP-NWCSubject to the conditions hereinafter set forth and upon application to and issuance a zoning permit therefore, joint identification signs are permitted for 3 or more primary uses on the same zone lot as the signs, excluding parking. The following joint identification signs are in addition to all other signs:

A. Permitted sign types: Wall and ground.

B. Permitted maximum number: 1 wall sign or 1 ground sign for each front line of the zone lot.

C. Permitted sign area: 1 square foot of sign area for each 2 linear feet of street frontage; provid-ed, however, that the total sign area shall not exceed 200 square feet.

D. Permitted maximum height above grade: 20 feet.

Amendment: 4

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| 12.4-1

Article 12. Zoning Procedures & EnforcementDivision 12.4 Zoning Application and Review Procedures


DiViSiON 12.4 ZONiNG APPlicAtiON AND reVieW PrOceDUreSDivision 12.4 contains the specific procedures and review criteria for land use and development applications required by this Code (collectively referred to as “zoning applications”). Applicants should also refer to Divi-sion 12.3, Requirements Common to All Zoning Procedures, for procedural requirements generally applicable to all zoning applications, including provisions governing pre-application meetings, application submittals, public notice, and vested rights.

SectiON 12.4.1 ZONiNG PerMit reVieW12.4.1.1 Purpose

The purpose of the zoning permit review process is to ensure compliance with the standards and provisions of this Code, while encouraging quality development in Denver reflective of the goals, policies, and strategies found in the Comprehensive Plan.

12.4.1.2 Applicability A zoning permit is required prior to the following:

A. Structures

1. The construction or alteration of any structure, not including fences and walls but includ-ing retaining walls, that is greater than 12 inches in height.

2. The construction or alteration of any fence and wall greater than 4 feet.

3. The construction or alteration of any fence and wall less than 4 feet when located on property that:a. Contains a structure for preservation designated under D.R.M.C., Chapter 30; orb. Contains a structure in a district for preservation designated under D.R.M.C., Chap-

ter 30; orc. Abuts a Parkway designated under D.R.M.C., Chapter 49.

4. The erection, alteration, or maintenance of any sign, except where the requirement for a zoning permit is expressly waived in Division 10.10, Signs.

5. Establishment or construction of a new off-street parking area or expansion of an existing off-street parking area.

B. Uses

1. Establishment of a primary use.

2. Change of a primary use.

3. Change in the gross floor area of a structure that increases the off-street parking require-ments for a use.

4. The establishment of an accessory use, or the change of accessory use, only when a zon-ing permit is required in the Use and Parking Tables found in Articles 3-9.

5. The establishment of a temporary use of any structure or land.

12.4.1.3 Prohibitions and Requirements Prior to Zoning Permit IssuanceA. Prohibitions on Activities Prior to Zoning Permit

No development shall occur on property subject to these requirements for zoning permit review until a zoning permit has been approved, unless the Zoning Administrator allows an exception in writing.

12.4-2 |



B. Approval of required Site Development PlanWhen a Site Development Plan is required by Section 12.4.3, no zoning permit for construction shall be issued until a Site Development Plan is approved.

c. Payment of Gateway regional Systems Development FeeNo zoning permit for an applicable zone lot, except a zoning permit only for a sign or fence and wall, shall be issued until the regional systems development fee established by the Gateway Regional Metropolitan District on land within the Gateway Regional Metropolitan District has been paid for the subject zone lot.

D. Manager of Parks and Recreation Approval of Uses and Development in the OS-A DistrictNo zoning permit for an applicable zone lot shall be issued for any use or development in an OS-A zone district until the Manager of Parks and Recreation, or designee, has agreed to the ap-proval of the zoning permit in writing.

e. Denver International Airport (DIA) Review of Uses and Development in the DIA Influence Area Overlay District (AIO)

No zoning permit shall be issued for any use, development, or structure in the DIA Influence Area Overlay District until the Manager of Aviation, or designee, has found that the proposed use, development, or structure complies with the DIA Influence Area Overlay District standards in Article 9 of this Code. The Manager of Aviation shall comment within 14 days from the refer-ral of the complete application. Non-response by the Manager of Aviation within the 14-day time period, or any extension agreed to by the Zoning Administrator, shall be deemed a recom-mendation of approval.

12.4.1.4 review ProcessA. Initiation

The owner[s] of the subject property or the owner’s authorized agent may initiate an applica-tion for zoning permit review.

B. Pre-Application MeetingA pre-application meeting is optional before submittal of a zoning permit review application. See Section 12.3.2, Pre-Application Conference/Concept Plan Review.

c. Application and Fees

1. Submittal in WritingAll applications for zoning permit review shall be submitted in writing to Community Planning and Development. The applicant shall pay all required fees at the same time the application is submitted. See Section 12.3.3, Submission of Applications.

2. Concurrent ApplicationsThe applicant may submit a zoning permit review application concurrent with the sub-mittal of other applications according to Section 12.3.3.9, Concurrent Applications. In no case, however, shall a building permit be issued until the zoning permit according to this Section is approved, unless the Zoning Administrator allows an exception in writing.

D. review, referral and Final Decision The Zoning Administrator may refer the zoning permit application to other affected or interest-ed agencies and parties for review and comment, as deemed necessary to make a decision on the application. The Zoning Administrator shall make a final decision to approve, approve with conditions, or deny the zoning permit application, taking into consideration relevant agency or other party comments.

Amendment: 7

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12.4.1.5 review criteriaThe Zoning Administrator shall use the following criteria in making a decision on an application for zoning permit review:

A. The zoning permit is consistent with all prior approvals that are regulatory and controlling for the subject property, as applicable. For example, all zoning permits shall be consistent with a previously approved General Development Plan, Regulating Plan, or Site Development Plan.

B. The zoning permit complies with all applicable regulations in this Code.

12.4.1.6 Requirements and Limitations After Zoning Permit IssuanceA. Expiration

1. Except as otherwise allowed in subsection C. below, all approved zoning permits autho-rizing construction shall expire after 180 days after the date of issuance if a building per-mit has not been issued within the 180-day time period and is not thereafter cancelled.

2. Except as otherwise allowed in subsection C. below, an approved zoning permit authoriz-ing a permitted use shall expire if a building permit has not been issued within the 180-day time period or if the permitted use is not established within the 180-day time period. After the use is validly established, an approved zoning use permit shall run with the land.

3. If a zoning permit is granted upon review and approval of a Site Development Plan ac-cording to Section 12.4.3 of this Code, then the zoning permit authorizing construction or a permitted use shall expire at the same time as the approved Site Development Plan.

B. Modification and RescissionThe Zoning Administrator may change, modify, or rescind any zoning permit decision, whether or not the decision has been appealed to the Board of Adjustment. Rescission of a permit is al-lowed according to the procedure and criteria stated in Section 12.11.6 of this Code.

c. Modifications and Amendments to an Approved Zoning PermitModifications and amendments to an approved zoning permit are allowed according to Section 12.3.7 of this Code.

SectiON 12.4.2 ZONiNG PerMit reVieW WitH iNFOrMAtiONAl NOtice12.4.2.1 Purpose

The purpose of the zoning permit review with informational notice process is to ensure compliance with the standards and provisions of this Code, while encouraging quality development in Denver reflective of the goals, policies, and strategies found in the Comprehensive Plan. Zoning permit review with informational notice is intended for specific types of development or establishment of specific permitted uses that are consistent with the intent of the zone district and generally com-patible with surrounding building forms and uses, but which have the potential for adverse off-site impacts. Zoning permit review with informational notice provides an opportunity for potentially affected parties to be notified of the city’s receipt of the application, the process for making com-ments, the final decision, and appeal opportunities.

12.4.2.2 Applicability Zoning permit review with informational notice is required for the following types of development:

A. Establishment, expansion or enlargement of a primary, accessory, or temporary use permitted subject to informational notice, as indicated by the designation “ZPIN” (Zoning Permit with Informational Notice) in the applicable Use and Parking Tables found in Articles 3 through 9 of this Code.

B. Establishment, expansion or enlargement of a primary, accessory, or temporary use permitted in a zone district under Articles 3 through 9 or under any other provision in this Code, where

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such provision explicitly requires zoning permit review with informational notice and approval prior to establishment of the use.

C. Deviations from the Sign Code permitted with a Comprehensive Sign Plan for Large Facilities authorized under Division 10.10, Signs.

12.4.2.3 Prohibitions and Requirements Prior to Zoning Permit IssuanceA. Prohibitions on Activities Prior to Zoning Permit

No development shall occur on property subject to these requirements for zoning permit review until a zoning permit has been approved, unless the Zoning Administrator allows an exception in writing.

B. Payment of Gateway regional Systems Development FeeNo zoning permit for an applicable zone lot, except a zoning permit only for a sign or fence and wall, shall be issued until the regional systems development fee established by the Gateway Regional Metropolitan District on land within the Gateway Regional Metropolitan District has been paid for the subject zone lot.

c. Denver International Airport (DIA) Review of Uses and Development in the DIA Influence Area Overlay District (AIO)

No zoning permit shall be issued for any use, development, or structure in the DIA Influence Area Overlay District until the Manager of Aviation, or designee, has found that the proposed use, development, or structure complies with the DIA Influence Area Overlay District standards in Article 9 of this Code. The Manager of Aviation shall comment within 14 days from the refer-ral of the complete application. Non-response by the Manager of Aviation within the 14-day time period, or any extension agreed to by the Zoning Administrator, shall be deemed a recom-mendation of approval.


The owner[s] of the subject property or the owner’s or owners' authorized agent may initiate an application for zoning permit review with informational notice.

B. Pre-Application MeetingA pre-application meeting is mandatory before submittal of an application for zoning permit review with informational notice. See Section 12.3.2, Pre-Application Meetings.


1. Submittal in WritingAll applications for zoning permit review with informational notice shall be filed in writ-ing with Community Planning and Development. The applicant shall pay all required fees at the same time the application is submitted. See Section 12.3.3, Submission of Applica-tions.

2. Concurrent ApplicationsThe applicant may submit a zoning permit review with informational notice application concurrent with other required applications according to Section 12.3.3.9, Concurrent Applications. In no case, however, shall a building permit, as applicable, be issued until the zoning permit is issued according to this Section, unless the Zoning Administrator al-lows an exception in writing.

D. Informational Notice

1. Written and Posted Notice of Receipt of ApplicationWritten and posted notice of receipt of application shall be provided according to Sec-tions 12.3.4.5.A and 12.3.4.5.B.

Amendment: 7

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2. Supplemental Information Notice Requirements for Large Residential Care UsesIn addition to the general Informational Notice requirements in Section 12.3.4, informa-tion notice for proposed Large Residential Care Uses shall include a packet including a copy of the completed application; a detailed explanation of applicant’s and operator’s experience; the facility’s operational plan as set forth by the operator; the name, address and telephone number of a staff member of the applicant and operator designated as the contact person; and a summary of licensing procedures required for the proposed facility.

e. review, referral and Final Decision

1. review and referralThe Zoning Administrator may refer the zoning permit review with information notice application to other affected or interested parties and agencies for review and comment as deemed necessary to make a decision on the application.

2. Planning Board review of comprehensive Sign PlansThe Zoning Administrator shall forward zoning permit applications for review of Com-prehensive Sign Plan for Large Facilities (authorized under Division 10.10, Signs) to the Planning Board for the Planning Board’s review and recommendation.a. The Planning Board shall hold a public hearing to review the zoning permit applica-

tion and make a recommendation to the Zoning Administrator.b. The applicant shall provide written and posted public notice of such public hearing

according to Section 12.3.4, Public Notice Requirements. c. The Planning Board shall review the public testimony and the criteria for review,

and shall adopt a recommendation for denial, approval, or approval with condi-tions. The Planning Board recommendation shall be forwarded to the Zoning Ad-ministrator no later than 15 days following the Planning Board’s recommendation.

3. Final Decisiona. The Zoning Administrator shall make a final decision to approve, approve with con-

ditions, or deny the zoning permit application, taking into consideration relevant agency or other party comments.

b. The Zoning Administrator may attach conditions to the zoning permit approval rea-sonably necessary to protect the health, safety and welfare of the community and to minimize adverse impacts on adjacent properties, as authorized by this Code.

F. Posted Informational Notice of Final Administrative ActionThe applicant shall provide posted informational notice of the final administrative action ac-cording to Section 12.3.4.5.C.

12.4.2.5 review criteriaThe Zoning Administrator shall consider all public comment and the following criteria in making a decision on an application for zoning permit with informational notice review:

A. The zoning permit is consistent with all prior approvals that are regulatory and controlling for the subject property, as applicable. For example, all zoning permits shall be consistent with a previously approved General Development Plan, Regulating Plan, or Site Development Plan.

B. The zoning permit complies with all applicable regulations in this Code.

C. The proposal will not substantially or permanently injure the appropriate use of adjacent con-forming properties, taking into consideration all proposals for mitigation of such impacts.

D. Additional Review Criteria for Homeless SheltersIn addition to the review criteria above, the Zoning Administrator shall approve a zoning per-mit for a homeless shelter only if the Zoning Administrator finds the proposed shelter will not

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substantially or permanently injure the appropriate use of conforming residential properties located within 500 feet of the proposed use. Evidence of such injury shall clearly establish the anticipated specific problems attributed to residents of the proposed shelter for the homeless while in or around the shelter as distinct from the general problems attributed to persons using or passing through the subject area.

12.4.2.6 Requirements and Limitations After Zoning Permit IssuanceA. Expiration

1. Except as otherwise allowed in subsection C. below, all approved zoning permits autho-rizing construction shall expire after 180 days after the date of issuance if a building per-mit has not been issued within the 180-day time period and is not thereafter cancelled.

2. Except as otherwise allowed in subsection C. below, an approved zoning permit authoriz-ing a permitted use shall expire if a building permit has not been issued within the 180-day time period or if the permitted use is not established within the 180-day time period. After the use is validly established, an approved zoning use permit shall run with the land.

3. If a zoning permit is granted upon review and approval of a Site Development Plan ac-cording to Section 12.4.3 of this Code, then the zoning permit authorizing construction or a permitted use shall expire at the same time as the approved Site Development Plan.

B. Modification and RescissionThe Zoning Administrator may change, modify, or rescind any zoning permit decision, whether or not the decision has been appealed to the Board of Adjustment. Rescission of a permit is al-lowed according to the procedure and criteria stated in Section 12.11.6 of this Code.

c. Modifications and Amendments to an Approved Zoning PermitModifications and amendments to an approved zoning permit are allowed according to Section 12.3.7 of this Code.

SectiON 12.4.3 Site DeVelOPMeNt PlAN reVieW12.4.3.1 Purpose

The purpose of the site development plan review process is to ensure compliance with the stan-dards and provisions of this Code and other applicable city standards, rules and regulations, while encouraging quality development in Denver reflective of the goals, policies, and strategies found in the Comprehensive Plan. Site development plan review is generally reserved for development with the potential for significant on-site and off-site impacts necessitating inter-departmental and inter-agency referral, review, and, in some cases, approval prior to final action by Community Planning and Development. After the City's approval of a site development plan, Community Planning and Development is authorized to issue requisite zoning permits under this Code.

12.4.3.2 Applicability

A. Site development plan review is required for the following (see Article 13, Division 13.3, for definition of the term "development" as used below):

1. Development in all zone districts, including development of a Detached Accessory Dwell-ing Unit building form or development of a Tandem House building form on a single zone lot, but not including the following types of residential development:a. Establishment of a single-unit or two-unit dwelling use on a single zone lot in a SU,

TU, TH, RH, RO, or MU zone district; or b. Construction of a suburban house, urban house, or duplex building form on a single

zone lot.

2. Creation of or development on a flag lot.

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B. Application

1. Appeal and FeesAll appeals of an administrative order or decision shall be filed in writing according to the rules of the Board of Adjustment. The appellant shall pay all required fees at the same time the application is submitted. See Section 12.3.3, Submission of Applications.

c. Effect of Appeal – Stay of Enforcement Proceedings An appeal to the Board of Adjustment of a cease and desist order issued by Community Plan-ning and Development shall stay all enforcement proceedings of the cease and desist order unless the Zoning Administrator certifies that, by reason of the facts stated in the certificate, a stay in the Zoning Administrator’s opinion would cause imminent peril to life or property. When such a certificate is filed, proceedings shall not be stayed except by a restraining order granted, after due notice to Community Planning and Development, by the Board of Adjustment or a court of proper jurisdiction.

D. Action by Zoning AdministratorUpon receipt of a notice of appeal, the Zoning Administrator shall transmit to the Board of Adjustment all of the original documents and materials, or true copies thereof, constituting the record upon which the order or decision appealed from was based.

e. Public Hearing and Decision by Board of AdjustmentFollowing notice and a public hearing according to the rules of the Board of Adjustment, the Board of Adjustment shall approve or deny the appeal based on the review criteria below, and to that end the Board of Adjustment shall have all the powers of the officer from whom the ap-peal is taken.

F. Presumption and Review Criteria

1. PresumptionAny order or decision of an administrative official authorized to act under this Code shall be presumed to be correct unless the preponderance of the evidence introduced before the Board of Adjustment supports a contrary determination or finding.

2. review criteriaThe Board of Adjustment shall consider whether or not the action by the administrative officer complied with the applicable portions of this Code when approving or denying an administrative appeal.

SectiON 12.4.9 ZONiNG PerMit WitH SPeciAl eXcePtiON reVieW12.4.9.1 Applicability

Zoning permit with special exception review is required for the following:

A. Establishment, expansion or enlargement of any use listed as a “Special Exception” use (“ZPSE”) in the Use and Parking Tables found in Articles 3 through 9.

B. Establishment, expansion or enlargement of any use where an applicable use limitation in Articles 3 through 9, or in Article 11, Use Limitations and Definitions, or any other provision of this Code, states that Special Exception review under this Section is required.


The owner of the subject property or the owner’s authorized agent may initiate an application for a zoning permit with special exception review.

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B. Pre-Application MeetingA pre-application meeting with the Zoning Administrator is mandatory for review of a use qual-ifying as a zoning permit with special exception review under this Section. See Section 12.3.2, Pre-Application Meeting. Pre-application meetings for all other special exceptions are optional.


1. Submittal in WritingAll applications for zoning permit with special exception review shall be filed in writing with the Zoning Administrator The applicant shall pay all required fees at the same time the application is submitted. See Section 12.3.3, Submission of Applications.

2. Concurrent ApplicationsThe applicant may submit an application for zoning permit with special exception review concurrent with other applications according to Section 12.3.3.9, Concurrent Applica-tions. In no case, however, shall the City issue a building permit, as applicable, until the Board of Adjustment approves the special exception use and Community Planning and Development issues a zoning permit.

D. Public Notice RequirementsInformational Notice shall be provided as stated in Section 12.3.4.5, Informational Notice - Gen-eral Provisions.

e. Review, Referral, and Recommendation by Zoning Administrator

1. The Zoning Administrator shall refer the application to the Board of Adjustment. The Board of Adjustment shall schedule the application for review and final decision at a pub-lic hearing, according to the rules of the Board of Adjustment.

2. The Zoning Administrator may refer the application to other affected or interested agen-cies for review and comment.

3. The Zoning Administrator shall consider the comments from all interested agencies, pre-pare a written recommendation based on the application's compliance with the review criteria below, and submit a written recommendation to the Board of Adjustment accord-ing to the rules of the Board of Adjustment.

F. Public Hearing and Final Decision by Board of Adjustment

1. The Board of Adjustment shall provide public notice and hold a public hearing on the proposed special exception according to the rules of the Board of Adjustment. The Board shall consider the recommendation of the Zoning Administrator and any relevant public comments, in addition to the review criteria below, and approve, approve with conditions, or deny the application for a zoning permit with special exception review.

2. The Board of Adjustment may place conditions and restrictions upon the establishment, location, construction, maintenance, and operation of a special exception use as it deems necessary to promote the public health, safety, and general welfare of the community.

G. Issuance of Zoning Permits after BOA Final DecisionAfter the Board of Adjustment's final decision on an application for a zoning permit with special exception review, Community Planning and Development shall either issue or deny a zoning permit consistent with the Board of Adjustment's final decision. Community Planning and De-velopment shall expressly note on the face of the zoning permit any conditions or restrictions approved by the Board of Adjustment.

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12.4.9.3 review criteriaNo application for a zoning permit with special exception review shall be approved by the Board of Adjustment unless the Board finds that all of the following conditions are met or can be met through conditions placed on approval of the application:

A. The special exception is consistent with the Comprehensive Plan;

B. The proposed special exception shall be consistent with the purposes and objectives of the zone district in which it is located;

C. If located within a GDP area, the special exception shall be consistent with the GDP;

D. The special exception is in compliance with all applicable regulations in this Code, including but not limited to, any specific use limitations stated in Articles 3 through 9, and in Article 11, Use Limitations and Definitions;

E. The establishment, maintenance, and operation of the special exception will not be detrimental to or endanger the public health, safety, or general welfare of the community;

F. The use and enjoyment of other existing uses on the surrounding property will not be substan-tially impaired by the establishment, maintenance, and operation of the special exception;

G. The establishment of the special exception will not impede the normal and orderly develop-ment and improvement of the surrounding property for uses permitted in the district;

H. The aggregate impacts of similar special exceptions shall not result in harmful external effects or environmental impacts; and

I. Any potential adverse impacts from the proposed special exception can and will be adequately mitigated.

12.4.9.4 Requirements and Limitations After Zoning Permit IssuanceA. Expiration and Extensions

1. Except as otherwise allowed in subsection A.2. below, a zoning permit with special excep-tion review shall expire 12 months from the date of the Board of Adjustment's decision unless the special exception use begins operating, or a valid building permit is issued. Upon a showing of good cause, the Zoning Administrator may extend the permit for the special exception for additional time periods not to exceed a total of 12 additional months.

2. If a zoning permit with special exception review is granted upon review and approval of a Site Development Plan according to Section 12.4.3 of this Code, then the zoning permit authorizing construction or a permitted use shall expire at the same time as the approved Site Development Plan.

B. Limit on Reapplication for Denied Special ExceptionsNo application for a zoning permit with special exception review denied by the Board of Adjust-ment shall be considered for a period of 1 year from the date of the original denial unless the Zoning Administrator determines that the application contains substantial changes that ad-dress the reasons for denial of the application.

SectiON 12.4.10 OFFICIAL MAP AMENDMENT (REZONING)12.4.10.1 Applicability

An official map amendment may be required to correct an error in the map or, because of changed or changing conditions in a particular area or in the city generally, to rezone an area to implement

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2. For the purpose of computing the size of an area for compliance herewith, there shall be excluded from the minimum area calculation the following: a. That portion of public rights-of-way in excess of 60 feet in width;b. Water reservoirs, including supporting land, owned by the city, the state, the Den-

ver Water Board, or any agency of the federal government;c. All land owned by Denver School District No. 1 which is used for school purposes;

and d. All land owned by the city, the state, or any agency of the federal government which

is used for public park or recreational purposes.

D. Minimum Area Requirements for RezoningsSubject to the foregoing limitations, an area proposed to bear the following zoning classifica-tions shall contain at least the following area:

ZONE DISTRICT CLASSIFICATION PROPOSED

MINIMUM AREA REQUIRED

SU 4 acres or at least two facing block faces except as required below:• Rezone from "A", "B", "C", etc. SU zone to "A1", "B1", "C1" etc. SU Zone District: minimum 1 block• Rezone from "A", "B", "C", etc. SU zone to "A2", "B2", "C2" etc. SU Zone District: 8 acres

TU 4 acres or at least two facing block faces except as required below:• Rezone from "A", "B", "C", etc. TU zone to "A1", "B2", "C1" etc. TU Zone District: 8 acres

TH 2 acres, or at least one face block

RH 2 acres, or at least one face block

MU 2 acres, or at least two facing block faces or one block

RO No requirement

CC No requirement

RX No requirement

MX No requirement

MS No requirement

CCN No requirement

D-C Must abut an existing D-C District

D-TD Must abut an existing D-TD district

D-LD Must abut an existing D-LD district

D-CV Must abut an existing D-CV district

D-AS-12+ and D-AS-20+ Must abut an existing D-AS-12+ or D-AS-20+ District

I-MX No requirement

I-A 8 acres

I-B 8 acres

CMP-H, H2 6 acres or no minimum if abutting an existing CMP-H or CMP-H2 district

CMP-EI, EI2 CMP-EI: 6 acres or no minimum if abutting an existing CMP-EI districtCMP-EI2: 70,000 square feet or no minimum if adjacent to or across the street from an existing CMP-EI or CMP-EI2 district

CMP-ENT 6 acres

Amendment: 4, 9

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Article 12. Zoning Procedures & EnforcementDivision 12.7 Nonconforming Uses


an individual trailer or mobile home with a trailer or mobile home of substantially similar construction and size (not including HUD labeled and HUD compliant manufactured homes) may be permitted only if the Zoning Administrator first approves a zoning permit for the replacement trailer or mobile home,

4. Replacement of an individual trailer or mobile home with a trailer, mobile home, or other manufactured or modular home that is placed on a permanent foundation (the use of tie-downs or ground anchors only is not considered a "permanent foundation").

12.7.3.2 Zoning Administrator Authority to Allow limited expansionsA. Zoning Administrator Authority in Special cases Only

1. The Zoning Administrator may authorize, upon application in specific cases, an exception permitting an increase in either or both the zone lot area or the floor area in a structure or structures occupied by a nonconforming use as are necessary and essential to enable the owner of the use to comply with lawful requirements of the federal, state, or munici-pal governments; or

2. As a result of an act of government through vacation of right-of-way that creates private land area abutting an existing zone lot, for that newly created private land, the Zoning Administrator may authorize, upon application in specific cases, an exception permitting the existing nonconforming use on the existing zone lot to expand in zone lot area, but not floor area in a structure or structures, onto the newly created private land.

B. Procedure and required FindingsAll applications for an allowance under this Section 12.7.3.2 shall be reviewed according to the procedures stated in Section 12.4.1, Zoning Permit Review. In addition to the review criteria stated in Section 12.4.1, the Zoning Administrator shall grant an allowance only upon finding the following conditions exist:

1. That the use is a nonconforming use as defined in this Code, is in full compliance with all requirements of this Code applicable to nonconforming uses, and is not a nonconforming use which, by the provisions of this Code, is to be terminated by operation of law; and

2. The Zoning Administrator has found that the application complies with Section 12.7.3.2.A.

c. Allowance Personal to OwnerEvery allowance authorized by this Section 12.7.3.2 shall be personal to the applicant and shall not be transferable, and shall run with the land only after construction of any authorized struc-ture or structures and only for the life of such structure or structures.

12.7.3.3 Board of Adjustment Authority to Grant Variances for expansionThe Board of Adjustment is authorized under its power to grant variances to permit an increase in the floor area occupied by a nonconforming use in an existing structure, subject to the procedures and applicable criteria stated in Section 12.4.7, Variance.

SectiON 12.7.4 cOMPliANce WitH liMitAtiONS ON eXterNAl eFFectS OF USeSEvery nonconforming use shall comply with the limitations on external effects of uses established for the zone district in which such use is located.

SectiON 12.7.5 ZONe lOt FOr StrUctUreS cONtAiNiNG NONcON-FOrMiNG USeS Whenever a nonconforming use or uses is operated in a structure, a separate zone lot shall be designated, provided, and continuously maintained for the structure containing the nonconforming use or uses. Each zone lot shall have at least one Primary Street zone lot line. Upon application to and approval by the Zoning Admin-

denver zoning code - yola€¦ · denver zoning code | 9.2-13 june 25, 2010 | republished july 6,...

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