Due to the COVID-19 pandemic, the Board of Adjustment is accepting applications remotely rather than in person. To file a case, please email the following information to firstname.lastname@example.org.
1. Action you're appealing (Typically an Order to Cease and Desist or an Informal Denial)
2. Our application (Available here)
3. A copy of your plans
4. The name and phone number of the person responsible for the filing fee. We do not take payment directly, but we will have the cashier get in touch with them to get the payment processed.
Once the filing fee is paid, the application is officially filed and we will work on getting a hearing scheduled. Please be advised that any hearing date set at this time is temporary as our schedule is uncertain due to the COVID pandemic. Thank you for your patience and understanding.
As of August 1, 2011, all cases must be filed between the hours of 8:00 A.M. and 4:30 P.M.
Filing the Case: A case must be filed on the application form provided by the Board (see Forms & Fees page to download), in the name(s) of the landowner(s) of the affected property. Ownership information may be obtained from the Assessment Division Real Estate at 720-913-4162 or online at Denver Property Records.
The Board’s filing fees (PDF) must be paid at the time of filing. The completed appeal application must be returned in person to the Board of Adjustment Office with the filing fee; at that time the Office staff will assign a case number, date and time for the public hearing before the Board.
Please note that the filing fee can be accepted as cash, checks made payable to "Manager of Finance", or with a credit card. Please bring your payment in person to our office when you file.
More detail can be found in the Summary Table of Authority and Notice at Section 12.2.9 of the Denver Code.
Requirements for an Appeal
By filing an appeal, any action of the Zoning Administration is stayed until the hearing.
Filing a Zoning Permit with Special Exception Review (ZPSE)
This is not technically an appeal as the Board is the deciding agency and has original jurisdiction. You may need to file a ZPSE for certain uses, such as an outdoor eating area in specified zone districts. A pre-application conference is required prior to filing this request with the Board's office.
(1) All Registered Neighborhood Organizations (R.N.O.s) in your area are notified by the Board, and receive a copy of your application. You will also receive a copy of your application, as well as a copy of the R.N.O. notification form. (See also Tips & Miscellaneous Information.)
(2) A notification sign (44” x 28”) will be made up in the office of the Board for you to pick up and post conspicuously for a continuous ten (10) day period immediately prior to the hearing. (See Tips section.)
Note: If you cannot pick up the sign during office hours, 8 A.M. to 4:30 P.M. Monday through Friday, please call the office and make special arrangements to obtain the sign after hours.
The Board of Adjustment provides a Notice of Public Hearing for each appeal case and should be posted on the subject property for a minimum of 10 days. The public notice sign is blue and measures 44" X 28". It is the only official notice the immediate neighbors will receive concerning the hearing and contains information on the subject of the case; therefore, it is very important the directions and time frames are followed precisely.
Post the Notification Sign in accordance with the instructions on the sheet attached to the sign when it is picked up.
The sign must be:
(3) Where any property is held in common ownership in a condominium, the Applicant shall contact (at least 10 days prior to hearing) the condominium association and shall obtain a Power of Attorney from the Board of the condominium association.
Appeals for Administrative Review by Other than the Owner, Owner's Agent, or Tenant of the Premises:
Appeals for Administrative Review filed by an aggrieved party other than the owner, the owner’s agent or the tenant of the subject property (e.g., a neighbor), shall be filed on the special Administrative Review Application (see Forms page to download). Include the name(s) of the Applicant(s) and the name(s) of the landowner(s). The notification sign shall be posted near the subject property,(such as on the adjacent public-right-way) but not on private property.
NOTE: The Code provides that any person aggrieved may appeal a Zoning Action to the Board. A Registered Neighborhood Organization (see Section 41-19 R. M. C.) may file an appeal if the property concerned falls within the neighborhood it represents.
Please bring your sign back at the time of your hearing so that we can recycle it. We can clean off the old lettering and reuse the sign board for another applicant.
Administrative Exceptions 59-38(A)(12) Subject to the limitations and conditions enumerated herein, the zoning administrator shall have and exercise the power to grant the following administrative exceptions. The permitting procedures set forth in section 59-41(b) shall apply.
a. Non-Conforming Uses. For such additions in floor area or land area of legal non-conforming uses as necessary to comply with lawful requirements of the city, state or federal governments.
b. Business Structures. To allow B-2 and certain other uses in a structure designed and erected for business prior to November 8, 1956, in any residential district or in the B-1 or B-2 districts.
c. Human Services. For foster family or day care for not more than 8 children at the same time, in a single unit dwelling or one unit of a multiple unit dwelling.
d. Historic Structures. For an office or fine arts gallery in a designated historic structure in the R-3 district.
e. Keeping of Animals. For animals not considered to be common and customary. This requires the Board to consider type, number, size, space, sanitation, nuisance, and intent to reproduce. The Applicant must notify abutting owners and solicit approval. This exception requires an agreement to be filed with the office of the Clerk and Recorder.
f. Existing Dwelling Units. To allow existing excess dwelling units to remain in the R-0, R-1 or R-2 districts if they have been continually maintained and occupied since May 24, 1958, and meet the Building and Health codes.
h. Retail Uses in I-1 and I-2 Districts. For sale at retail in structures erected prior to November 8, 1956, in the above districts, with conditions.
i. Recycling Collection Station. For recycling stations in business districts other than B-1, with conditions.
j. Second Kitchen Permit. For a second kitchen in single unit dwellings, for residents or domestic servants. This exception requires an agreement to be filed in the office of the Clerk and Recorder.
k. Seasonal Plant Sales Facility. For seasonal plant sales in all business districts.
l. Bed and Breakfast Lodging. For bed and breakfast lodging in historic structures in R-3 or R-3-X districts with spacing and other conditions.
m. Telecommunication Towers. For the placement of towers and their associated telecommunications support facilities in residential districts, with conditions.
n. Child Care Homes, Large. For up to 12 children, 24 months to 16 years old, expanding home occupation child care.
Wellington Webb Municipal Building
201 W. Colfax Avenue, 2nd Floor
Denver, CO 80202
Directions: The building is located on Colfax Avenue, approximately 2 blocks west of Broadway. The Office and Hearing Room (2.H.14) are located on the 2nd floor at the northeastern end of the building, near Court Place and 15th Street.
Board of Adjustment for Zoning Appeals
201 W Colfax Ave., Dept 201
Denver, CO 80202
8:00 a.m. - 4:30 p.m.
Outside Denver Call (720) 913-1311
TTY Service: 720-913-8479