Land Use Approvals

If a proposed use of land or building development does not comply with the current zoning for that parcel, a rezoning or zone change is required to alter the city’s official zoning map. Zone changes include annexation zoning, zoning amendments, zoning condition review and zoning condition amendments. When the proposed rezoning does not match the city’s Comprehensive Plan, the zone change request includes a Land Use Plan Amendment.

The city is authorized to impose on a zone change approval any conditions necessary in order to carry out the general purpose and intent of the Land Development Code (LDC) or Comprehensive Plan. If granted, zone changes run with the land and are in effect for the life of the property, regardless of ownership (unlike Conditional Use Permits or Uses-by-Permit, which are granted to the applicant only).

PUD zoning is an alternate development tool for projects that propose a creative and innovative solution with a layout that is not achievable by the standards under which a property is currently zoned. This type of zoning shall be reserved only for developments demonstrating a unique and efficient use of the land and where typical zoning standards would prevent a positive development for the community. A reduction or modification of setbacks, bulk regulations, additional signage, or amendment of land uses shall not be the sole justification for a Planned Unit Development.

The Concept Plan review process evaluates conceptual site development options at an early stage. This allows the applicant to “test” development options, get comments from the city and identify constraints and opportunities before investing in the creation of detailed plans and engineering. This approach may assist in developing a concept that can continue through subsequent processes more quickly by determining early on whether the plan meets the city’s goals and requirements. It will also help determine a final site plan and identify any additional regulatory processes required prior to development.

Amendments may be requested to change Future Land Use Plan designations in the city. Land Use Plan Amendments are processed when a change in the City’s Comprehensive Plan is proposed to allow a desired use of a property that is not allowed under the current land use zone for the property. There are two types of amendments: Major and Minor (properties that are fewer than 8-acres in size).

A final plat provides a permanent and accurate record of the exact size and location of the lots, blocks, streets, drainage areas, easements and other parcels of land within a subdivision. When filed with the county clerk and recorder, a final plat becomes the legal instrument whereby the location and boundaries of separate land parcels within the subdivision are identified.

A sketch plat is a generalized land use plan for, and layout of, an area proposed to be included within a subdivision. This is an optional step for small subdivisions, but a required step for any subdivision plat greater than 20 lots. This process provides an early, informal evaluation of a proposed subdivision before substantial expenses have been incurred. A sketch plat provides city staff and the applicant with an opportunity to determine the development’s conformance with the Comprehensive Plan and the requirements of the Land Development Code and assists the applicant with the preparation of a final plat.

The city’s Land Development Code allows for new and existing duplexes and townhomes to be subdivided along a common, or party, wall. A common wall subdivision allows for individual fee simple ownership of each half of a duplex or each townhome unit. This means the owner owns their portion of the structure as well as the ground beneath it. This process differs from a Condo Plat (only offered by the County) that allows for ownership of only the portion of the structure but not ownership of the ground beneath it.

Approval of a common wall subdivision is contingent upon the structure meeting additional building code requirements. Prior to hiring a surveyor to prepare the plat, it is imperative to discuss with the Commerce City Building Safety Division whether the potential subdivision of the subject building is possible.

After approval, but prior to the map or subdivision plat being recorded with the county, please contact the city to obtain the current electronic data format requirements. Applicants must provide a series of documents to the city. Commerce City will then file the information with the Adams County Clerk and Recorder's Office.

1. Site plan (including layout, square footage, exact location and dimensions of buildings, fences, parking, etc.)
2. Building elevations
3. Landscape plan 

On occasion, there are unique circumstances on a specific property that make the strict application of the bulk standards in the Land Development Code (LDC) or PUD unfeasible. The variance process is intended to provide flexibility for these unique situations.

Each zoning district classification identifies a maximum height for structures. On occasion, unique situations make the strict application of the Land Development Code (LDC) inappropriate or unachievable. The height exception process is intended to provide some flexibility for these unique situations. Please note that the height exception process is for structures that are directly related to primary operations on a site that surpass the zoning district’s maximum allowable height. Extended heights for fences, outdoor storage, and accessory structures are processed using the traditional height exception application.

This process provides a way to change a previous land use approval and may be processed as a concurrent review with development plans, building permits, and subdivision plats. In order to save the applicant time and also ensure zoning objectives are met, the city has determined that some minor exceptions to code requirements may be processed by administrative review. The development subject to minor modification involves small percentages or dimensions and may be for residential, commercial or industrial projects.

The following deviations from the city’s general standards or approved PUD zone documents are considered minor modifications:

• Up to 20% of any minimum or maximum standard
• Additional one foot of fence height
• Up to 50% of the minimum fence setback
• A screen fence instead of an open style fence
• A reduction to the Floor Area Ratio requirement

The Planning Division reviews Master Model Elevations to ensure compliance with any Planned Unit Development (PUD) requirements, the requirements for single-family detached residential construction found in Article VII of the Land Development Code (LDC), and the proposed Master Model Elevation’s compatibility with existing homes in the development.

Commerce City promotes citizen participation in the development review process. The city encourages neighborhood meetings between resident groups, developers and the public, especially when development may have significant impact on a surrounding area.

Neighborhood meetings may be held for: annexations, zone changes, subdivisions, planned unit developments (PUD), development plans, uses-by-permit, conditional use permits or master model reviews. These meetings provide an opportunity for the applicant to interact with the residents of the neighborhood and community.

This process allows the issue of outdoor storage permits for specific properties in some industrial-zoned districts. All properties zoned I-1, which are not identified for Outdoor Storage Permits, are prohibited from using the property for outdoor storage. Properties zoned I-2 and I-3 are permitted to have outdoor storage as a use-by-right in accordance with the Land Development Code (Sec. 21-5254) requirements for outdoor storage.

On rare occasions, the city may grant a permit to build structures or store materials in a designated floodplain. The City is authorized to impose any condition(s) on the approval of a Floodplain Development Permit that are necessary in order to carry out the general purpose and intent of the Land Development Code (LDC) or the Comprehensive Plan.

Special standards and processes apply to the addition of telecommunications facilities (such as antennas and cell towers) to properties within the city. City regulations manage what type of facilities are installed, allowable locations and design standards for each type.

If the mineral rights on a property are not owned by the party proposing the development, the applicant must notify the owner(s) of severed mineral interests of the proposed development.

Properties in Derby are subject to different design standards and approval processes through the Derby Review Board. Visit the Derby page for more on developing in the district.