The new Denver zoning code, adopted

June 21, 2010, is a comprehensive re-

write of Denver’s 53-year-old code and

represents one of the largest and most

significant legislative processes in

Denver’s history.

More than 36,000 participants provid-

ed input to the process, and Galloway

was at the forefront of efforts to call

attention to proposed changes, repre-

sent the concerns of the retail develop-

ment industry, and successfully lobby for

modifications that were adopted in the

code’s final version.

However, the new Denver zoning code still

provides numerous challenges to retail

development, and Galloway is prepared to

turn those challenges into opportunities for

our retail clients.

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Galloway & Company, Inc. 5300 DTC Parkway, Suite 100

Greenwood Village, CO 80111

303.770.8884 www.gallowayUS.com

A d d i t i o n a l R e s o u r c e s

Code and Map—www.denvergov.org/zoning

Background Info, Resources, and Materials—www.newcodedenver.org

Denver City Council Offices

Community Planning and Development (CPD)—Zoning Department

Denver’s New

Zoning Code

and Its

Commercial

Real Estate

Impact

O v e r v i e w

The new Denver Zoning Code is designed to create greater certainty in Denver’s zoning process by clearly identifying zone districts and providing greater guidance for the City’s building and zoning staff. The new code is a form-based and context-sensitive approach to zoning. While the old code focused on use, the new code focuses on building character and building form.

Denver’s code is now organized by neighborhood contexts derived from existing and “desired” neighborhood character-istics. The neighborhood contexts are distinguished from one another by their overall physical and functional characteris-tics including, but not limited to, building placement and height; diversity, distribution and intensity of land uses; and diversity of mobility options. Each neighborhood context accommodates a mixture of residential, commercial, and retail uses in varying degrees and densities. The new code also uses a form-based approach to explain how buildings and structures relate to their lots, surrounding buildings and structures, and streets and alley right-of-ways. Each zone district includes a menu of illustrated build-ing forms. The building form standards control height, set-backs, parking location, building configuration and ground story activation as applicable to the neighborhood context, zone district and type of building form.

W h a t t o E x p e c t

It is important that the commercial real estate and land devel-opment professional understand the potential impact of the new code and new zoning map on future projects. While little has changed along suburban commercial corridor districts, commercial development in all other districts will require a greater understanding of the new code. Mixed-use districts, for example, will require site plan modifi-cations to which smaller end-users (less than a 20,000 s.f. footprint) can easily adapt, while larger end-users will need to greatly adjust their building designs to accommodate more restrictive building and parking placement on sites. Addition-ally, main street districts will require a significant paradigm

shift for all retailers—from drive-thru restaurants to mid-sized boxes—as retailers adapt to the more urban, pedestri-an-oriented design concepts being required along Colfax Boulevard and Morrison Road. Building designs for retailers will also be affected by ground story activation requirements. These requirements define the percentage of a building’s façade that opens to the street or increases visibility of the activities inside the building (transparency) as well as the entrance requirements. Additionally, land development professionals must under-stand that land-use densities within the new code are no longer governed by floor area ratio; rather, the new code promotes higher density projects based on the desired con-text and form for the site.

O p p o r t u n i t i e s

While commercial development will face new challenges for many properties, the new zoning code will present distinct opportunities for others. Many mixed-use and transit areas could be considered up-zoned, as the allowable land use densities on some proper-ties are higher than previous zoning. Additionally, parking requirements for mixed-use and main street districts have been substantially lowered, while allowable densities have been increased. Additional benefits to the commercial developer will also be seen in overall “use” flexibility in which many properties have more allowable uses with the new code. Land owners and land development professionals should closely analyze each property within the City of Denver to determine if the potential for greater land development flexibility and higher density development has increased property values.

N e e d M o r e I n f o r m a t i o n ?

Dave Guetig, President daveguetig@gallowayUS.com

303.770.8884

Galloway & Company, Inc. 5300 DTC Parkway, Suite 100

Greenwood Village, CO 80111

First Letter

Neighborhood Context

S = Suburban G = General Urban E = Urban Edge C = Urban Center U = Urban

Second Letters

Dominant Building Form and Character

SU = Single Unit TU = Two Unit TH = Town House RH = Row House MU = Multi Unit RO = Residential Office CC = Commercial Corridor RX = Residential Mixed Use MX = Mixed Use MS = Main Street

Third Letter or Third Number

Minimum Zone Lot Size in Square Feet or Maxi-mum Building Height in Stories

Minimum Zone Lot Size A = 3,000 F = 8,500 B = 4,500 G = 9,000 C = 5,500 H = 10,000 D = 6,000 I = 12,000 E = 7,000

Heights 2 = 2 stories 8 = 8 stories 2.5 = 2.5 stories 12 = 12 stories 3 = 3 stories 16 = 16 stories 5 = 5 stories 20 = 20 stories

Occasional Last Number or Letter

Special Purpose

When there is a number or letter at the end of the zone district name, that is an indicator of special regulations. Refer to the zone district regulations for more detail. Typically:

1 = Accessory dwelling units allowed throughout

2 = Accessory dwelling unit and duplexes allowed on certain corners

x = Special provisions tailored to that zone district

Example

C-MX-5: Urban Center Neighborhood—Allows commercial and residential uses with a maximum height of 5 stories.

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