Powers of the Board of Adjustment for Zoning Appeals

Powers of the Board: The Board’s power is limited by the Zoning Ordinance, Chapter 59, of the City and County of Denver Revised Municipal Code, to the following:

Administrative Review: Section 59-54(1) It can reverse the Zoning Administrator where it is alleged that the Zoning Administrator has erred. NOTE: Administrative Review cases filed by an aggrieved party other than the landowner, the landowner’s agent or the tenant (e.g., a neighbor), require a special form and procedure (see Forms Page to download).

Variances: Section 59-54(2)a Uses By Right. This can apply to such things as overheight fences, setbacks, bulk (height) planes, lot frontage and/or area, excess gross floor area, open space, excess units in an R-2 zone, some signs, lot coverage, parking deficiency and/or size, or loading berths. It requires that the Board find that 10 conditions exist. Please see the Relief: Variance page.

Case Law Annotation: The Colorado Court of Appeals has ruled that financial hardship by itself is not considered a hardship. (Variances cannot be used just to increase a profit.) Kinder-Care Learning Centers v. Board of Adjustment of the City and County of Denver, 721P. 2d 162 (Colo. App. 1986.).

Variances: Section 59-54(2)b. NON-CONFORMING USES: The Board can allow expansion of the floor area of a nonconforming use within the existing structure. This requires a showing of HARDSHIP and other criteria including meeting the definition of a legal nonconforming use.

Exceptions: The Board can permit certain uses upon finding that specific conditions exist, subject to terms and conditions fixed by the Board. NOTE: If the Board finds that all the conditions exist, the language of the ordinance is mandatory (see 59-16(f) R.M.C.) rather than permissive, and the Exception must be granted. Please see the Relief: Exception page for additional information.

Stays or Delays of Enforcement: The Board may grant two forms of relief to extend the time period required to bring the subject property into conformance with the Zoning Code:

59-57(5). Stay of Effective Date of Order. For orders on excess dwelling units that do not qualify for an Exception. Upon showing of HARDSHIP, the Board may grant up to a five (5) year stay, personal to the Applicant and not transferable upon sale.

59-54(6). Six Months Delay of Enforcement. For orders to cease and desist an illegal use (other than excess dwelling units). Upon showing of HARDSHIP, the Board may grant up to a six month delay of enforcement, personal to the Applicant and not transferable.

Note: Financial hardship may be adequate to obtain a stay or delay of enforcement.

Limitations on Powers: 59-55(d). Limitations as to Permitted Signs. The Board is very limited in its powers to grant Variances on signs. Review of the Zoning Code sections on this subject is recommended.