Powers of the Board of Adjustment for Zoning Appeals

Powers of the Board:
The Board’s power is limited by the Denver Zoning Code. Forms of Relief under the new Code are:


Administrative Review:
  The Board can reverse the Zoning Administrator where it is alleged that the Zoning Administrator has erred. The most common form is Keeping of Animals Exception, which requires a completed worksheetNOTE: 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: 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. Variances require that the Board finds that a hardship exists per 12.4.7.6.

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:

  • 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. 

  • 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. 

 

Zoning Permits with Special Exception Review (ZPSE

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