A variance may be appropriate when a zoning permit is denied and there is clear justifying circumstance that would warrant a deviation from zoning standards.
All variance requests must meet the review criteria and definitions in Article 12 of the Denver Zoning Code.
Variance requests are decided by an independent Zoning Board of Adjustment, which holds a public hearing at which public comments and testimony are heard and considered.
Requesting a Variance
If your project reviewer has denied your project based on a zoning violation, you may inform the reviewer of your decision to request a variance. Your reviewer will direct you to set up a pre-application meeting prior to submitting an application to the Board of Adjustment. Most variance requests are submitted only after zoning staff have reviewed the entire project, so that all zoning violations are identified and you have an opportunity to revise your project to comply with as many standards as possible before requesting a variance.
Variance requests related to construction must submit two copies of a scaled site plan, floor plan, and elevation drawings to the Board. The Board will not accept an incomplete submittal for requesting a public hearing date.
I haven't applied for a zoning permit yet but I know I will need a variance.
All applicants must start by submitting a zoning application and project plans so zoning staff can review the entire project, even if you know your project will not meet zoning standards.
- Why? Decisions of the Board of Adjustment apply only to the plans submitted. Reviewers must complete a full review before this point to identify which zoning standards are/are not met.
If you believe your project will meet the criteria for a variance, include a narrative on the zoning plans submitted for review that describes all items that do not conform to the zoning code. The submittal should include a brief explanation identifying the justifying circumstance that makes the variance necessary.
Zoning decisions are not a building permit.
Zoning approval does not mean the project meets building codes. A separate building code review will still be required before construction can begin. Please take building codes into account when designing plans, even for a zoning-only review, as changes in the future to meet building or other requirements may void any zoning variance or appeal granted.