Land Use Standards

An approved Use-by-Permit allows for certain uses that typically have a greater potential for impacts to the surrounding area than a Use-by-Right in the same zone district. A Use-by-Permit is granted to a specific applicant for a specific use at a specific location and cannot be transferred to subsequent owners or operators, nor may it be carried over to a new property. The final approval or denial of a Use-by-Permit is determined by the Board of Adjustment at a public hearing.

An approved Conditional Use Permit (CUP) allows for uses that have the potential to uniquely or intensely impact the environment, surrounding properties or the general public. The CUP process provides the opportunity to review the location, design, configuration and potential impacts of the proposed use on the surrounding area. A CUP is granted to a specific applicant for a specific use at a specific location and cannot be transferred to subsequent owners or operators, nor may it be “carried over” to a new property. The ultimate approval or denial of a CUP application is determined by city council at a public hearing the month following a planning commission hearing.

The city is authorized through the Land Development Code (LDC) to attach conditions to any land use approval. On occasion, these conditions of approval require a compliance check-in or renewal of approval. For Example: “This Conditional Use Permit shall expire on January 1, 2022. If the applicant wishes to operate the facility after that date, the applicant is required to renew this Conditional Use Permit.”

The city has adopted a new licensing program for both medical and retail marijuana businesses and amended its land development, building, and fire codes to support safe and thoughtful marijuana regulation. To operate legally, marijuana businesses will need to follow the city’s regulations as well as those of the state.

Sec. 21-11200 of the Land Development Code defines nine Marijuana Business License types: Medical Marijuana Center, Optional Premises Cultivation Operation, Medical Marijuana-Infused Products Manufacturer, Retail Marijuana Store, Retail Marijuana Cultivation Facility, Retail Marijuana Products Manufacturer, and Retail Marijuana Testing Facility.

• Marijuana Licensing is managed through the City Clerk’s Office and is a good place to start your inquiry about marijuana businesses.
• As part of the licensing process, a Zoning Report is required to verify that a specific property meets the required separation distances. Zoning Reports for Marijuana Business are processed by the Planning Division of the Community Development Department.
• Building Permit reviews are processed by the Building Division of the Community Development Department.

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.