If your zoning district currently doesn’t allow ADUs to be built on your lot, and you want to build an ADU, rezoning is the way. Sustainable Design Build can help you get your lot rezoned! Rezoning approval can often take between 4 – 6 months and sometimes, even longer. To ensure the fastest route through the process, it’s important to have an experienced advocate on your side. Unique circumstances and/or rezoning complexity will adjust the time frame.
1. Pre-application Review
SDB will first start by submitting a rezoning review request pre-application as well as schedule a pre-application review meeting with the City and County of Denver on your behalf. A case manager will be assigned to your project.
2. Public Outreach
We will do public outreach to adjacent property owners, registered neighborhood organizations, City Council Members, and other stakeholders. Our goal is to familiarize the affected community with the proposal and identify any potential issues.
3. Submission of Application
Sustainable Design Build will submit a complete, signed application in electronic format, a Microsoft Word document containing the legal description for the area proposed to be rezoned, and the required fee to CPD.
4. City Review and Resubmittal
Review Comments are often provided by various City agencies and departments who review the application. SDB will respond to all comments and recommendations and resubmit the revised application. Oftentimes, there can be more than one cycle of review and submittal.
5. Planning Board Public Hearing
The case manager will schedule the Planning Board public hearing date and notify the customer. SDB will take care of posting signs correctly to notify the public of the future public hearing date for your rezoning hearing. We will also submit to your case manager a signed affidavit attesting to properly posting the public notification signage. At the hearing, the Planning Board will make a recommendation to the City Council for approval, approval with conditions, or denial of the rezoning application. In some cases, the Board may hold the item and continue it to a later date for further discussion.
6. Land Use, Transportation and Infrastructure meeting
Next, the Land Use, Transportation & Infrastructure Committee will schedule a televised meeting and determine if the application is ready for full City Council consideration. The case manager will present the application, CPD recommendation, and Planning Board recommendation. In some cases, the Committee may accept public comments. The Committee will decide whether the application is ready for full City Council hearing and action. If so, the application will proceed.
7. Mayor-Council Meeting
The case manager will present the application to the Mayor and City Council.
8. City Council First Reading
At the City Council First Reading, City Council will read the ordinance to change the zoning and schedule the rezoning for a public hearing. City Council may postpone the public hearing to allow for further discussion.
9. City Council Public hearing
The City Council will hold a noticed and televised public hearing and approve, approve with conditions, or deny the rezoning application. SDB will notify the public once again along with a signed affidavit stating this was done correctly. The case manager will present the application, CPD recommendation, and recommendations from the Planning Board and and Use, Transportation & Infrastructure Committee. The customer must attend the public hearing. If the customer would like to speak on their application, they must sign up with the clerk at the hearing. The applicant will get two minutes to speak. City Council will vote to approve, approve with conditions, or deny the application.
10. Next Steps
If the rezoning is approved or approved with conditions by City Council, it will be forwarded to the Mayor for signature. Once signed, the rezoning becomes effective the Thursday after the public hearing when the City Clerk publishes the adopted ordinance. The official zoning map will be updated to reflect the change within two weeks. If the rezoning is denied, City Council’s decision may be appealed to the Denver District Court.
A. If the rezoning is denied, another rezoning application for the same zoning district cannot be submitted until 12 months has passed from the City Council public hearing date.
B. If a rezoning application proposes a different zoning district, there is no minimum amount of time before an application can be submitted
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Where to go from here
Now that you know a little more about the process and requirements for rezoning a home, you might be feeling a little overwhelmed. Do not worry! Sustainable Design Build is more than equipped to assist you as a homeowner to direct you through the rezoning process and get your lot ready for construction of an ADU!
Ready to Start the Rezoning Process?
Are ready? Let’s get started on your home’s rezoning hearing. Sustainable Design Build will be happy to assist you through this process!