Denver Softens Land Use Regulations for Churches

We are pleased to report that, after talking with Denver Planning, city staff met and discussed the current Denver Zoning Code’s treatment of church and similar public assembly uses, and revisited how or whether the New Code should change that treatment. Denver Planning has agreed to remove the assembly area size restriction (see our previous update entitled Denver Proposing Strict Land Use Regulations for Churches) and to permit churches in all zone categories. Instead, planning will use the existing administrative review process. This will apply to a church moving into a residential or mixed-use zone district to occupy an existing building for the first time (different use prior to), to expand an existing building, or to develop a new building ground-up. This is customary in our experience and likely typical for other municipal jurisdictions along the Front Range. Further, we understand that in commercial zone districts, in which residential is not present, there would be no administrative review process even though it would still be necessary to apply for a change of use from zoning (if not previously used by a church)

The only restriction (limitation on use) remaining would be the 11 pm end-time for regular hours of operation in a residential zone district.

If you have questions or need any help, please feel free to contact us.

Denver Proposing Strict Land Use Regulations for Churches

Churches need to become familiar with the sweeping changes proposed to Denver’s land use regulations—Denver’s New Zoning Code. These changes will certainly impact churches currently located or desiring to be in the City and County of Denver. We recommend that as a property owner, you go view the new zoning map to learn about the proposed new zone district for your church property.

Further, after a quick review of Draft #3 of Denver’s proposed new zoning code, it states in section 11.3.2.5 entitled “Public or Religious Assembly” that Special Exception review is being proposed for >300 seats in Residential Zone Districts and >600 seats in all other zone districts. This could be a big problem for a church owner that needs to sell its property and also for a church seeking to purchase and renovate an existing building, if your church does not comply with the seating regulations.

It’s possible that any renovation work that would require a building permit could trigger a Special Exception which is akin to a complete rezoning of the property. This could invite neighbors to object and the size of the assembly area (worship or sanctuary space) to be modified and therefore rendering the property less valuable for future church use.

If you have questions or need any help, please feel free to contact us.