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Typical live work unit.

Typically, structures built for commercial use must conform to the International Building Code (IBC). Residential structures (single family homes, duplexes and townhomes) must conform to a similar, but separate set of standards, the International Residential Code (IRC). Prior to the 2009 I-codes, using a residential structure as business such as the hair salon pictured was a grey area subject to the judgment of local building officials.

Section 419 of the 2009 IBC allows for the mixing of residential and non-residential uses for one and two family dwellings (and townhouses) built under the IRC.

The limiting factors of a residential structure’s ability to be classified as a live/work unit are as follows:

1. The live/work unit is permitted to be a maximum of 3,000 square feet.

2. The nonresidential area is permitted to be a maximum 50 percent of the area of each live/work unit.

3. The nonresidential area function shall be limited to the first or main floor only of the live/work unit

4. A maximum of five nonresidential workers or employees are allowed to occupy the nonresidential area at any one time.

If the unit meets the requirements of Section 419 the residential use and non-residential use portions of the unit do not need to meet the separation requirements of Section 420 and 508. The non-residential portion may not be used purely for storage. The intent here is to not allow folks to rent their living rooms as a storage locker. Storage related to the non-residential function of the unit is permitted provided that it is 10% or less of the non-residential space.

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There are a few changes to be aware of when designing a Residential Site Plan under the new Denver Zoning Code.  Under the old zoning code, the front setback was determined by averaging the two adjacent structures’ front setbacks.  The new code's setback is not determined by an average, but rather a range.  The structure must not be any closer or further back than the adjacent structures are to the front property line.  All adjacent setback dimensions must be shown on the Site Plan.

Another new requirement is what they call the Original Grade Elevation, which are spot elevations at the intersection of the side property lines and the minimum front setback, as determined by the setback range.

The Front and Rear Primary Base Planes are another new requirement.  The Front Primary Base Plane is calculated by averaging the two Original Grade Elevations.  The Rear is calculated by averaging the two rear spot grade elevations at the rear property corners.

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UO-1 is the Adult Use Overlay District. Within these districts adult uses are allowed with distance, spacing and parking requirements met.

UO-2 is the Billboard Use Overlay District. This zone allows for billboards that comply with the sign standards for outdoor general advertising devices.

UO-3 is the Historic Structure Use Overlay District. It only applies in conjunction with the residential zone districts. It allows office, art studio and bed and breakfast uses. The office and art studio uses are only allowed for owner-occupants with structures over 5,000 sf, designated for preservation and meeting several other requirements.

Properties can be rezoned to be part of the UO-3 district but not to the UO-1 or UO-2.

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We recently updated the proposed parking lot plan for the Denver Montclair International School.  Our original design provided 58 spaces (plus 3 accessible spaces), with generous 63’ modules and 32’ aisles.  Between each module were 10’ wide pedestrian walks leading to 30’ crosswalks to the existing island.  Although the layout works well for vehicle circulation, DMIS is in need of more spaces to accommodate the increase in student population.

In the new layout, we narrowed the modules down to the required minimum 52’ (for 60 degree angle spots), and slimmed down the pedestrian walks to 5’.  We also minimized the crosswalks and drives to 13’ widths which added room for quite a few more parking spaces.  We were able to add 26 spaces to the proposed plan, bringing the total to 84 which required an additional accessible space (4 total).  We also added a curb at the 4th Avenue entrance to enforce the right turn into the parking loop.

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"Now Posted Online: Planning Board Public Hearing Draft of the New Denver Zoning Code and Map

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Jefferson County Colorado requires a Defensible Space Permit, (wildfire thinning), for all new developments in the Wildfire Overlay Zone District above 6,400 feet in elevation.  This permit must be issued before submitting for a building permit.  Jeffco Planning and Zoning will provide you with a list of approved Forester contractors that offer the service.  They will come to the site and mark the trees to be removed.  Once this is done, the homeowner needs to remove the marked trees and set up a second appointment with the Forester for a final inspection.  After the final inspection, a notice will be sent to the Zoning Department to close the Defensible Space Permit.

Additions over 400 square feet also require a Defensible Space Permit, unless it is a detached garage with no living space above the structure.  Keep in mind, a recreation room, study or private office above a storage space in the garage will be considered living space and will most likely require a Defensible Space Permit if it falls within a Wildfire Overlay Zone District.

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The 4th and Final Review Draft of the New Zoning Code and map will be published on www.NewCodeDenver.Org Wednesday, January 20th, instead of Monday, January 18th as originally scheduled. The remainder of the New Code Adoption Schedule (see below) does not change.

This schedule provides a full month for public review leading up to the Denver Planning Board’s formal public hearing on Draft #4 February 17th.  The location and time of the hearing will be posted on NewCodeDenver.org once they are determined.

Prior to the Planning Board hearing, staff from Denver Community Planning and Development will hold a fourth round of “New Code Office Hours” to answer questions about Draft #4 of the proposed new code.  These sessions offer the opportunity for one-on-one meetings tailored to specific questions from residents and property owners. They will be held Tuesday, February 9, from 3 p.m. to 5 p.m., and Thursday, February 11, from 11 a.m. to 2 p.m.  Both sessions will be held in the Webb Municipal Building, 201 W. Colfax Avenue, in the 4th floor conference room 4.I.4.  If you plan to attend the New Code Office Hours, please register at the following link so that we may schedule adequate staffing: http://www.surveymonkey.com/s/MXCCQLN.

Thank you for your ongoing interest and involvement in the New Code Denver effort.  As always, we are thrilled at the level of participation we’ve received from our residential and commercial communities throughout this process.  We have engaged more than 35,000 people through public meetings and association gatherings, e-mails, phone calls, letters and Website interactions.  This input has helped us improve each successive draft of the new code so that we can meet our community’s goal of having a clear, predictable zoning code that creates value and economic opportunity for homeowners and other property owners and preserves Denver’s economic vitality and outstanding quality of life.

The remainder of the New Zoning Code process is as follows:

New Code Denver Adoption Schedule
Feb. 17, 2010            Planning Board public hearing, after which the Board will forward a recommendation to City Council

Mar. 10, 2010            Blueprint Denver Committee of Denver City Council considers new code and whether to approve filing a bill for adoption by the full City Council

Mar. 16, 2010            Mayor and Council review and discuss Blueprint Denver recommendation

Mar. 18, 2010            Community Planning and Development files a bill for an ordinance adopting the new code to be considered by
City Council

Mar. 22, 2010            City Council – first reading of new code ordinance proposal

April 19, 2010            City Council – public hearing and final consideration of proposed ordinance adopting the new code.

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The Santa Fe-style home we designed for Paul & Judy Albers in Roxborough State Park provided us with a challenging site.  Due to the deep drainage ditch in the rear portion our building envelope was very shallow and we submitted to Douglas County Zoning for an administrative variance to decrease the front setback.

An administrative variance is allowed when the request is 35% or less. A larger request has to go through the Board of Adjustment.

In this case, a 35% decrease in the front setback gave us 7' of encroachment from Douglas County’s 20’ front setback requirement.  Roxborough’s front setback is 25’, and we were able to get a 12’ encroachment from the Roxborough Design Review Committee, putting us at exactly 13’ from the property line.  This bought us a lot more room to fit the house on the site and still stay 5’ from the rear ditch.

Douglas County liked our detailed Site Plan so much they requested to use it as an example for their public outreach documents to help guide people through the variance process. We spoke to the client and are very happy that our work is now being used as an example for other owners, architects and engineers.

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