Permits for Restaurants and Commercial Kitchens

Woodie Fisher Kitchen & Bar and winner of a 2019 Mayor's Design Award

This webpage provides guidance on applying for permits for new and existing restaurants or commercial kitchens, from construction work to changes in equipment, type of food served, layout, and more. Most applicants should plan for at least one to two months of professional design and engineering work before applying for permits and additional time for city plan review and permitting, which will vary depending on the scope of the project. 

Please take the time to review all relevant information before applying for permits, but note that not all restaurant projects are the same. This page offers a comprehensive look at the process and requirements. To identify steps specific to your project's needs, use the StartSmart guide linked below.

StartSmart: Restaurants

Still have questions? Talk to staff directly by making an appointment.

Pictured: Woodie Fisher Kitchen & Bar at 1999 Chestnut Place, winner of a 2019 Mayor's Design Award.


What to know before you begin

Location

For new spaces, make sure your proposed project has a valid Denver address before applying for permits.

Zoning

All businesses in Denver are required to have a zoning use permit. 

Before submitting a zoning application, use the Development Services map to find your zone district. Then check the zoning code to confirm that your proposed use is allowed in that zone district. Check the primary use (e.g., an "eating & drinking establishment") and any accessory uses, like an outdoor eating area or a drive-through. Also check the parking requirements to determine if you will have enough parking. 

Related Resources

Landmarks and Historic Districts

All projects that include exterior work and are located in a historic district or a designated landmark will require a certificate of appropriateness, meaning the project's design has been reviewed by Landmark Preservation and is appropriate for the historic nature of the property. It is highly recommended that you obtain this certificate before applying for building and zoning permits.

Learn more about meeting design guidelines for landmark properties.

Other Designations

Additional reviews may apply if your property is in a floodplain, in a design review district or on a designated city parkway. 

You can find most property information by seaching for your address on the Development Services map. For parkway information, search by address on the Parkway Building Restrictions map.

 


Permits and Licenses

Building plans must be prepared by licensed architects and engineers. Use professionals who are experienced in restaurant design. Delays can occur when incomplete information is submitted or a design plan is submitted that does not meet code.

Getting your location ready - construction permits and reviews 

Site Development Plans

The following project types must submit a site development plan (SDP) before applying for building permits:

  • New commercial and multifamily construction
  • Major additions to commercial and multifamily buildings
  • Tenant-finish/remodels when there is a change of occupancy leading to new site impacts

During the SDP process, a city project champion will help ensure your project aligns with the zoning code as well as other regulations related to design, infrastructure, and safety. You will receive zoning permits during this stage. You do not need to apply for a zoning permit separately.

Site Development Plans

 

Building Permits

This includes building, health, wastewater, and fire reviews

Virtually all restaurant and commercial kitchen projects will need building permits and inspections. For major projects, this will include reviews by building (architectural, structural, mechanical, electrical, and plumbing), public health, sewer use and drainage, and fire disciplines. Smaller projects, like upgrading kitchen appliances or changing tables to booths, may only need a few of these reviews. Submitting the "building log" application in E-permits will start each of these reviews simultaneously, so please make sure to upload the plans and documentation required for each with your application.

Related Resources

Getting your business ready - zoning and licensing

Zoning permits

All businesses must have a zoning use permit. A zoning sign permit may also be required if your business will have a sign that is in or extends into the public right-of-way.

There are two timelines for obtaining zoning permits. You can apply for zoning permits first, which is a good option if you need an issued zoning use permit in order to start a business license application. Alternatively, you can apply for zoning and building permits simultaneously. In this path, zoning and building reviews run concurrently.

Resources

Business and Liquor Licenses

All restaurants need a business license and will also need a liquor license if alcohol is served. State law and municipal code impose rigid timelines for many licensing transactions. As such, applicants should anticipate a minimum of 120 days from the submittal of their complete license application to issuance. 

Licenses are issued by the Department of Excise and Licenses. The links below will take you to the Excise and Licenses webpage.

Liquor Licenses


Tips

  • Business/liquor licenses cannot be approved until a zoning permit is issued, but you can start the license applications while your zoning application is under review. 
  • Make sure to list the same business name on the zoning application and business/liquor license applications. Inconsistencies in materials can cause delays.
  • Ensure you have a legal right to the premise (e.g., a valid 12-month lease) and have obtained a Street Furniture/Table, Chairs, and Railings (TCR) permit from the Department of Transportation and Infrastructure for any seating or patio areas in the right-of-way.
  • Ensure you have a valid Certificate of Taxes Due from Denver's Treasury Division.

 

Submittal requirements

Zoning-only Permit

To apply for a zoning permit only, submit your project through E-permits.

  1. Enter E-permits
  2. Go to Development Services > Apply for a Permit
  3. Select Zoning Permit

In the online application, you will be prompted to upload additional documents, which may include a floor plan, site plan, building elevations, and a written narrative describing the project.

Document requirements for zoning permits

 

Zoning and Building Permits

To start concurrent reviews for zoning, building, health, sewer use and drainage (SUDP), and fire permits, submit your project through E-permits.

  1. Enter E-permits
  2. Go to Development Services > Apply for a Permit
  3. Select Building Log 

When prompted to upload additional information, please include the items listed below as well as any other information specific to your project that may be needed to demonstrate compliance with city codes.

  • Zoning plan set - not needed if you already have an issued zoning permit

Save all files as PDFs and name them: DocumentName_Address_Date.pdf (e.g., SitePlan_201WColfax_11-1-2017.pdf).

Electronic Signatures

Apply seals and a valid electronic signature to any document (plans, reports, surveys, letters) prepared by an architect, engineer, or surveyor. Please ensure all documents are unlocked for editing so they can be reviewed. Unsigned, unstamped, or invalidated signatures cannot be accepted. 

How to apply a valid electronic signature

 

Deferred Submittals, Modified Drawings, and Inspections

Deferred Submittals

A certificate of occupancy (CO) will not be issued until all aspects of the job, including deferred items, have been reviewed, permitted, and inspected. 

A "deferred submittal" covers portions of a project that are not submitted with the initial permit application. For example, in a restaurant, the item most often deferred is the walk-in cooler. The walk-in cooler could be included on the initial plans submitted for review, but if all of the details are not yet known, the applicant may elect to submit the walk-in cooler or outdoor patio details at a later date. Any deferred items submitted after the commercial construction permit is issued will be reviewed and permitted separately.

Make sure your contractor submits plans for any deferred items with enough time to allow for plan review in order to avoid delays in opening your restaurant. 


Modified Drawings

If, after a building permit is issued, changes are made in the field that differ from the approved plans, new drawings will need to be logged in for review. These are known as "modified drawings" and, if approved, they will receive a new permit. Any contractors with changes per the modified plans must also obtain a new permit and schedule new inspections for their respective trades.

Submit all modified drawings through e-permits using the same instructions as for the original building submittal. Make sure to include the following:

  • A letter explaining what was modified, why, and with references to the appropriate plan sheets
  • Electronically signed, and stamped, modified plans with all changes clouded or marked, and including code references
  • Electronically signed, and stamped, documents that are pertinent to the changes, such as structural calculations and specifications
  • Contact information for the contractor, owner, and architect or engineer of record
  • An updated Affordable Housing Fee Application
  • A revised statement of valuation form if the changes result in an increased project valuation. Hourly plan review fees will be assessed with a minimum charge of two hours.

Inspections

Before issuing a CO, inspectors will require that all facets of the job are complete, including work from modified plans and deferred submittal items, and that all inspections on all permits have been approved. You may also need final approval letters from any third-party engineers and special inspectors.

  • TIP: Make sure the equipment/appliances installed match what is listed on the approved plans. If you change equipment (e.g., buying used restaurant appliances), your plans will need to be re-reviewed. To ensure the restaurant opens on time, submit modified drawings as early as possible and do not wait until an inspector is checking the equipment install.

Schedule inspections

 

Denver Department of Public Health and Environment (DDPHE) & Sewer Use and Drainage Permit (SUDP)

The Department of Public Health and Environment (DDPHE) is required to conduct a full plan review for all regulated facilities undergoing a change of use, new construction, or an extensive remodel. An extensive remodel includes:

  • Increase in seating capacity by 20%
  • Any alterations requiring a building code review
  • Changes or alterations to non-public areas that result in reduction or increase of total space by 25% or more
  • Capabilities to handle food, equipment and utensils in a sanitary manner have changed due to a food process or menu change that introduces new risks of foodborne illness

View a list of common projects that require a building code review

Visit DDPHE's website for more information


The Sewer Use and Drainage Permit (SUDP) team conducts reviews on pretreatment devices (solids and/or grease interceptors) for the purpose of protecting the public sanitary sewer system from non-domestic waste discharges from food service establishments. The SUDP team reviews the food establishment plan review application as well as the menu, site utility (for exterior devices), architectural plans, kitchen equipment, and plumbing plans to assess the liquid volume capacity, proper routing of the non-domestic waste, and, if applicable, the exterior location of the pretreatment device in relation to other utilities and site boundaries.

A change in ownership, adding equipment and/or space, and permanent increases in the mode of operation (process, menu, seating capacity, etc.) will require a full review of the restaurant by the SUDP team.

Visit the SUDP webpage for more information

Tips: For additional information regarding grease interceptor sizing, criteria, variances and standard details, please see the “Food and Beverage Establishments” dropdown at the bottom of the SUDP page. Variances are considered on a case by case basis only for demonstrated hardships not related to cost.

 


Ready to apply?

First-time E-permits users will need to create an online account. Once signed into E-permits, go to "Apply for a Permit" under "Development Services."

  • For zoning permits only (not Site Development Plans): When prompted to select a permit type, select "zoning permit."
  • For Site Development Plans: When prompted to select a permit type, select "concept plan."
  • For zoning and building permits: When prompted to select a permit type, select "building log." 

Note: If you apply for zoning and building permits simultaneously, you will also need to complete and upload both of these applications along with your other required documents:

Apply for permits online