Group Living Rules

Current Rules and Definitions 

Denver's rules on residential uses were adopted by City Council in February 2021. The information on this page reflects current Denver law. 

Household Living

Household Living: residential occupancy of a “dwelling unit” by a single “household.” Tenancy is arranged on a month-to-month or longer basis. 

Dwelling Units:

  • Single-Unit Dwellings: a single dwelling unit in a single structure, such as a detached house
  • Two-Unit Dwellings: two dwelling units contained in a single structure, such as a duplex
  • Multi-Unit Dwellings: three or more dwelling units contained in a single structure, such as an apartment building
  • Live/Work Dwelling: a combination of residential and commercial activity located within a dwelling unit. Live/Work Dwellings permit commercial activity as a primary use and are allowed only in zone districts that permit a mix of commercial and residential uses, such as Residential Mixed Use, Main Street, etc. This is in contrast with the limited Home Occupations that are regulated as accessory uses and permitted in other types of Dwelling Units.  

A household: A “household” is any number of persons, plus any permitted domestic service workers, who all occupy a Dwelling Unit who share household activities and responsibilities, such as meals, chores, rent, and expenses. The choice of specific adults comprising the household is determined by the members of such household rather than by a landlord, property manager, or other third party. Members are not required to seek services or care of any type as a condition of residency. All members of the household jointly occupy the entire premises of the dwelling unit.

Where household living is allowed

  • All zone districts where residential uses are allowed

For more information, see Denver Zoning Code Section 11.12.2.1, Definition of Household Living Use Category. 

Congregate Living

Congregate Living encompasses all uses where people live together and do not function as a household, but where some type of care is not required. This includes groups of persons who each have separate contracts or agreements with property owners, who do not jointly occupy the entirety of a dwelling unit. Residents may share sleeping units, and may have shared cooking, bathroom and common areas, or some combination of personal and shared facilities, but do not necessarily occupy a dwelling unit jointly. Tenancy is arranged on a month-to-month or longer basis.

For a complete definition, please refer to Section 11.12.2.2 of the Denver Zoning Code.

Types of congregate living currently allowed include (but are not limited to)

  • Rent-by-the-room configurations, such as rooming and boarding houses or student housing.
  • Campus dormitories that house students, including a building used for members of a fraternity or houses officially recognized by a college/university, or seminary.
  • Permanent tiny home villages.

Where congregate living is allowed

  • Multi-unit residential and mixed use commercial zone districts
  • Congregate living uses are prohibited in single-unit and two-unit residential areas. 

Residential Care

Residential care encompasses structures where guests receive treatment, supervision, emergency shelter, personal care, protective oversight, or other similar care or services, from staff on-site as a condition of the guests’ residency. (This does not include care provided by domestic employees or home-care workers.) Tenancy may range from overnight to 30 days or longer. 

A guest: a person who stays overnight, regardless of total length of stay, to receive care or services. Staff and volunteers who live elsewhere, but stay overnight while working or volunteering are not considered “guests.” 

Residential care uses include but are not limited to:

  • Shelters
  • Community correction facilities and halfway houses
  • Recovery residences (also knows as sober homes or sober living), where a guest’s participation in a program of supervision, treatment, or care is required
  • Rehabilitation facilities.
  • Assisted living facilities
  • Nursing homes or hospices

Residential care uses types are further defined and distinguished by number of guests as follows.

Use type Where they are allowed  Additional requirements 
Type 1: up to 10 guests year-round, or up to 100 guests for a maximum of 130 days per calendar year.

 

 All districts where residential uses are allowed, except community corrections facilities are not allowed in single-unit and two-unit zone districts
  • Zoning permit required unless facility is operated by a religious organization.
  • Density requirements apply in single-unit, two-unit or row-house districts
Type 2: 11 to 40 guests All districts where residential uses are allowed, except community corrections facilities are not allowed in single-unit and two-unit zone districts 
  • Zoning permit required
  • Community information meeting required in single-unit, two-unit and row-house districts
  • Minimum parcel size applies
  • Only allowed where Residential Care or other institutional uses such as church, school or government office were previously established in single-unit, two-unit and row-house districts 
Type 3: 41 to 100 guests Higher-intensity zone districts that allow apartments, commercial uses, etc.
  • Zoning permit required
  • Community information meeting required
  • Spacing requirements apply
Type 4: 101 or more guests Higher-intensity zone districts that allow apartments, commercial uses, etc.  
  • Zoning permit required
  • Community information meeting required
  • Spacing requirements and density requirements apply

 Download Summary of Residential Care Regulations

For more information, see Denver Zoning Code Sec. 11.12.2.2

 

Additional Resources

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