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Development news from Community Planning and Development (CPD)

In this issue, you will find:

Shaping Future Policy

• Review and comment on proposed zoning rules for “safe outdoor spaces”
• Review and comment on proposed zoning changes for Accessory Dwelling Units (ADUs) in Denver
• Apply to sit on the Downtown Design Advisory Board

Code and Policy Changes

• Denver’s Outdoor Places Program (which is an update of the temporary outdoor dining program established during the pandemic) is now accepting certain applications
• New building codes go into effect May 1

Notable Progress

• Some fence permits can now be issued as quick permits

ICYMI: Recaps from our last newsletter

Shaping Future Policy

Continuing to serve: Safe Outdoor Spaces

Safe Outdoor Spaces and Safe Parking Areas connect individuals experiencing homelessness who might otherwise fall through the cracks between traditional shelter and housing with lifesaving shelter, services and support, and have shown to help people transition into long-term housing. Safe Outdoor Spaces and safe parking sites have operated at eight locations across Denver, providing critical shelter to over 515 people, who would have otherwise been sleeping on our streets. The stability of these spaces have helped people obtain and keep jobs, and over 180 people have already moved into more permanent housing.

After testing these sites during the pandemic and seeing their ability to successfully meet a need for unhoused residents in Denver, the city is proposing to move the rules for these temporary spaces into the same section of the zoning code that governs temporary tiny home villages, as these “Temporary Managed Communities” all operate similarly. 

Read the public review draft >>

Public comment on the public review draft will be accepted via the project comment form through April 4.

Review and comment on proposed zoning changes for ADUs in Denver

A public review draft of the proposed zoning changes is now available for review and comment, along with an updated strategy report. Some highlights in the updated strategy report include:

• Rules that are responsive to the needs of different neighborhoods, with maximum flexibility in urban neighborhoods
• Allowing ADUs as accessory to duplexes, row houses and town houses as a detached structure
• Allowing a more usable second story deck on a detached ADU when the deck would face a public alley
• and more...

Download the updated strategy report >>

Download the public review draft >>

Public comment on both the public review draft and the updated strategy report will be accepted via the project comment form through Monday, March 27. Feedback received will inform the next version of the text amendment of zoning code changes to be submitted to the Denver Planning Board before a hearing on April 5.

Apply to sit on the Downtown Design Advisory Board

The Downtown Design Advisory Board was established in 2019. The nine-member board has design review oversight of proposed projects in the Golden Triangle, Central Platte Valley-Auraria and Arapahoe Square areas of downtown Denver and serves as the next step towards a more consistent and comprehensive design review system for all of downtown. The board meets at 10:30 a.m. the second and fourth Tuesday of every month, as needed. 

Board members should have knowledge of fundamental urban design principles and be able to apply them to conceptual situations. Members should be comfortable reviewing projects from different design and community perspectives that relate to the downtown context and address the functionality and vibrancy required for a successful urban environment. Applications are due by 5 p.m. on April 15.

Apply to sit on the board >>

Code and Policy Changes

Apply for "above curb" patios through the Outdoor Places Program

“Above curb” patios are located in the public right-of-way, such as along sidewalks and tree lawns. This program has been finalized and is open for applications.

Proposed rules for commercial patios on private property are currently available for review and comment. Program applications are expected to be open later this year.

Thanks to feedback from stakeholder communities, the city has released final program requirements for above curb patios in the right-of-way (located on sidewalks or tree lawns). Business owners with above curb patios currently in the temporary program, and business owners who would like to build a new above curb patio, can now apply for a permit under the permanent Outdoor Places Program.

Note: The temporary program ends April 30, 2023, for above curb patios created during the pandemic. Business owners should begin transitioning into the permanent Outdoor Places Program.

Draft program requirements for patios on private property available for public review

The city has also released draft Outdoor Places Program requirements for outdoor patios on private property. These program requirements:

• Prioritize flexibility, including removing the requirements that a patio be contiguous to the primary use and be delineated with vertical elements like railings or walls
• Allow for more creativity in patio design
• Provide a streamlined application process to save time for business owners
• Allow for businesses other than restaurants and bars to provide outdoor gathering spaces

Read the draft strategy report >>

Read the draft text amendment >>

View the draft design guidelines >>

Public comment on the draft private property requirements will be accepted via the project comment form through Monday, March 27.

New building codes go into effect May 1

On January 9, the city adopted the 2022 Denver Building and Fire Code and the 2022 Denver Green Code. The new codes will become effective on May 1, 2023, with certain provisions needed to implement the city’s Energize Denver requirements taking effect this month.

With an eye towards mitigating climate change, the 2022 Denver Green Code is no longer a fully voluntary code. New commercial or multifamily projects and major renovations will need to choose a small number of provisions from the green code.

Learn more about the Denver Green Code >>

Download the 2022 Denver Building and Fire Code >>

Download the 2022 Denver Green Code >>

Notable Progress

Did you know? Some fence permits can be issued as quick permits

A zoning quick permit may be issued for fences and walls that are greater than 4 feet and no more than 6 feet in height, and where the subject property does not abut a designated parkway, does not abut more than one street, is not located in a floodplain, is not located on a designated landmark or within a historic district, is not located in an industrial zone district, and is not subject to design review under city-adopted urban design standards and guidelines.

How to apply:

• Log in to e-permits
• Select Development Services > Apply for a Permit
• When prompted, select "Zoning Permit" and enter your project information

Learn more about permits for fences and walls >>

ICYMI:

Recaps from our last newsletter

• Denver recently hired its first chief urban designer to help our cityscape grow—and look good doing it. Read the 5280 Magazine article >>

• In partnership with Native communities, the City & County of Denver’s Landmark Preservation team and the Office of Storytelling will develop a written study and documentary to share the history of American Indian, Native American, and Indigenous Peoples in Denver. View a photos from the project launch party >>

• Starting March 1, 2023, existing commercial and multifamily buildings will be required to submit plans for review when replacing select gas-fired space and water heating and cooling equipment. See new permitting requirements >>

• Thanks to the support from the community and city staff who worked hard to advance the Denver Green Code. Starting May 1, 2023, new commercial or multifamily projects and major renovations will need to choose a small number of provisions from the green code. Read about the changes >>

• The Affordable Housing Review Team, initiated in 2022 to help streamline the plan review and permitting of 100% affordable projects, has already accepted 30 projects. Altogether, these projects could bring 2,600 affordable homes to Denver. 

• Denver's Office of Climate Action, Sustainability and Resiliency want to help you electrify your home with energy rebates. Learn more >>

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