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