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CD - Development & Zoning

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1. What is zoning and does it impact me and my property?

Zoning is a tool used to regulate land development by separating incompatible uses. Zoning dictates how your property can be used. It also establishes design parameters such as minimum lot size, minimum building setback, maximum building height and the number of residential housing units.

2. How can I find out my zoning?

You can find out the zoning on your property by calling the Development & Zoning Services Hot Line at (303) 234-5931 or by contacting the planner of the day by email. Typically, just a street address is needed. You can also look at the zoning map online. Due to the small scale, we recommend you call and talk to a planner to verify that the information is correct. Zoning Map

3. What regulations pertain to my property?

Chapter 26 of the Wheat Ridge Municipal Code is the zoning and development code. It deals with all aspects of private property regulation. Chapter 26

4. What uses are permitted on my property?

Based on zoning, the following Table of Uses (Section 26-204) is used to determine what uses are permitted, require a special use permit or are not allowed. Table of Uses

5. Are there other regulating documents that impact my property?

Architectural & Site Design Manual
Comprehensive Plan
Subarea plans
Urban Renewal Plans
Guiding Documents

6. How close to my property lines may I build a house, shed or garage?

Setback requirements vary depending upon the property’s zoning and the type of structure being built. Typically, a house will have greater setbacks than a shed. Look up the property on the zoning map or contact the Planner of the Day to get a verification of zoning and the development standards for your zone district. Development Standards

7. Can I keep horses on my property?

The keeping of horses and other large domesticated animals is allowed on all residentially-zoned properties in the City, provided you have enough land area. To even consider having a horse, your lot has to have at least 9000 square feet of open space on it (gross lot area minus the square footage or “footprint” of all structures). Each additional animal requires an additional 6000 square feet of open land area. If you intend on acquiring a large animal, you need to be aware that there are also specific corralling requirements to minimize impacts to the neighborhood. Please refer to Section 26-605 of Article VI for the regulations concerning large animals. Large Animals

8. Can I keep poultry on my property?

In residential zones, you may keep poultry such as chickens, pigeons and ducks and small animals such as rabbits and chinchillas. The number of small animals or poultry allowed is regulated by coop size. Please refer to Section 26-606 of Article VI for the regulations concerning small animals and poultry. Small Animals & Poultry

9. How many dogs may I have on my property?

You are allowed to have household pets limited to three dogs and four cats and their unweaned offspring.

10. How high can a fence be on my property?

You can have a fence 4 feet in height from the front wall of your structure to the front property line (in your front yard). A fence can be 6 feet high if it is located in the area from the front wall of the structure back to the rear property line (in your side and rear yards). If your property is a corner lot where two public streets intersect, you must maintain “sight” distance at the intersection for vehicles using the streets. A fence in this area is limited to 36 inches to 42 inches in height based on how busy the abutting streets are. Fence Height Standards

11. Can I have a barbed wire or electric fence on my property?

Barbed wire fences are allowed only in the Agricultural zone districts or in residential zones for the keeping of large animals. They are required to be located three feet inside another fence, which is at least 42 inches high. Electric fences are not permitted. Please refer to Section 26-603 of Article VI for the regulations concerning fences, walls and obstructions to view. Fences, walls and obstructions to view

12. Can I store an RV on my property?

In residential zone districts, you are allowed to have two recreational vehicles or trailers on your residential property. Only one of the RV’s can be parked in the area from the front wall of house to the front property line and must be located six feet inside the front property line on a prepared parking surface such as asphalt, concrete, brick pavers or contained gravel a minimum of six inches thick. The other RV must be stored in the side or rear yard. If the RV or trailer exceeds 6 feet in height, it must meet the accessory structure setbacks for the zone district in which the house is located. Please refer to Section 26-621 of Article VI for the regulations concerning residential parking. Residential Parking

13. Can I have an in-home business?

You are allowed to have a business in your home provided that there are no adverse impacts to the neighborhood. Examples of the types of home occupations allowed include flower arranging, tailoring, daycare for up to six children and telephone sales. Employees of the in-home business are limited to those who live on the premises and one employee who does not. Up to 25% of the area of the home can be used for the home occupation. A sign is permitted up to two square feet in size. A business license is required for a home occupation. Please refer to Section 26-613 of Article VI for the regulations concerning home occupations. Home Occupations

14. Am I allowed to have a garage sale from my residential property?

You are allowed to have up to four garage sales per year. A garage sale permit is required which is available from the front desk receptionist at City Hall.

More...

15. If my property is zoned Residential-Two (R-2) does it mean that I can have a duplex?

Not always. The R-2 zone district allows both single family and two family residences. In order to have a legal duplex on an R-2 zoned property, a minimum of 12,500 square feet of lot area with 100 feet of lot width is required. A single-family residence in the R-2 zone district requires 9000 square feet of lot area with 75 feet of lot width. Conversion of a single family residence to a duplex requires building permits, as well as zoning approval.

16. Can I keep a trash dumpster on my residential property?

In the residential zone districts in the city, you are allowed a trash dumpster no larger in size than 2 cubic yards.  Trash enclosures and dumpsters screens require zoning permits.

Dumpster Screening Requirements

17. What type of signage is allowed on my residential property?

If you have an approved in-home business (home occupation), you are allowed one non-illuminated sign up to two (2) square feet in size which can be feestanding or wall-mounted.  Permanent flagpoles are permitted.  Building permits are required for freestanding signs, wall signs, and flagpoles.  Temporary yard signs are also allowed and do not require a permit; you may have an unlimited number of small yard signs up to four (4) square feet.  Please contact the Planning Division at 303-235-2846, if you have specific signage questions.

18. What type of signage is allowed on commercial property?

The type and size of signage allowed on commercial properties varies by location and use.  Section 26-709 of the City Code determines which types of signs are permitted based on the use of the property.  Section 26-710 determines the standards for permanent signs.  All permanent signs require building permits.  Painted signs and window signs that are proposed separately from a larger sign package require a zoning permit.  Please contact the Planning Division at 303-235-2846 if you have questions about a specific location or sign type.

19. Does the city have information pertaining to my property?

In some instances, yes. If your home was recently constructed, we may have a copy of your survey or improvement location certificate in our building records. However, the majority of homes in Wheat Ridge were built prior to incorporation of the city in 1969. Therefore, we have no building records prior to 1969.

20. Can you tell me where my property lines are located or can the city survey my property?

It is the property owners' responsibility to determine where their property lines are. The city does not have the resources to send a survey crew out to do this. However, if you have a mortgage on your property, it is likely that you have an improvement location certificate (I.L.C.) among your closing papers. The I.L.C., while not a pinned survey, is a “birdseye” view of your property and shows existing structures and approximate distances from property lines.

21. What if I want to vary my zoning standards?

The intent of the variance it to allow a property owner relief from a zoning district standard for his/her property. Variances of less than 50% can be approved administratively. Variances over 50%, or if an administrative variance request is denied by the Community Development Director, are heard by the Board of Adjustment at a public hearing. Just because a variance is requested, it does not mean it will be granted. There are nine evaluation criteria used by staff to analyze a variance request. As a rule, a variance should only be granted when there is a unique physical characteristic impacting developability of the property (such as topography or irregular lot shape), if there are similar conditions in the area and when there would be no detriment to the neighborhood. Variances

22. How do I know if my project will be approvable or supported by staff?

The planning staff is available for consultation regarding a potential land use case. Many times this can occur by dropping into the Community Development Department and speaking with the planner of the day. Many times with minimal information provided the planner can advise you whether your project meets the requirements for issuance of a building permit or whether your variance could be granted. Some times more in-depth information is required and the planner may have to consult with the Community Development Director as to his opinion for the project. More complicated requests such as proposed special uses or zone changes will need to be reviewed by city staff at a pre-application conference.

23. What is a pre-application conference?

A pre-application conference is required for all potential land use cases, except variances, and building permits for commercial or multi-family construction. The purpose of these meetings is to provide an opportunity for potential development applicants to discuss land use proposal with various city staff persons from the Community Development and Public Works departments. While city staff cannot predict the outcome of any land use development application, they can respond as to process and feasibility of approval. Pre-application meetings are held each week on Thursday afternoons.

More information...

24. What will be required to sell one-half of my duplex?

The division of a duplex and the underlying land can be accomplished by the creation of a deed dividing ownership. The city does not review the paperwork as this process is exempt from the subdivision regulations; however we have prepared a suggested process to split the duplex. It is highly recommended that an attorney specializing in real estate or a professional land surveyor provide guidance on the transfer. More information...

25. How do I know if my property is in the floodplain?

There are two major drainage ways that traverse the city from the west to the east. Both Lena Gulch and Clear Creek have 100 year and 500 year floodplains that impact over 1500 privately owned properties. To find out whether your property is in the floodplain, contact either the Community Development Department or Public Works Department for a determination. You can also look at the floodplain map on the City’s website. Due to the small scale, we recommend you speak with a city employee to verify the information. Flood Zone Map

26. What do I need to do to build in the floodplain?

The characteristics of the floodplain impacting your property and the type of structure being built will dictate what process is required to build on your property. Any construction in the 100-year floodplain will require a floodplain permit from the City. A class I floodplain permit is typically required for the construction of a non-habitable structure such as a fence or shed. A class II floodplain permit, which requires a public hearing in front of Board of Adjustment, is required for construction of a habitable structure such as a house. Floodplain Permit

27. What is a special use?

Each of the zone districts in the city has a list of permitted and special uses. Special uses are intended to fill a particular void in services in the area in which a property is located. Approval of a special use is dependent on compatibility with surrounding land uses, design of the property, and operation and management of the use. Special use approvals can be vested with the land in perpetuity, can be granted only to the applicant, or can be for a specific period of time. An applicant requesting a special use must have a pre-application conference with city staff and a neighborhood meeting. Special use requests can be approved administratively by the Community Development Director or through a public hearing in front of City Council. Special Use Permits

28. What is a zone change?

A zone change is a process by which the zoning on a particular property is changed to a different zoning. A property owner may choose to change the zoning to use the property differently from what the existing zoning allows (for example, residential versus commercial). All proposed zone changes to commercial and industrial and for residential properties over one acre in size must be to a planned development district or mixed use zone district. Any zone change request requires a pre-application conference with city staff, a neighborhood meeting and public hearings in front of Planning Commission and City Council. Zone Changes

29. Why is a neighborhood meeting required?

A neighborhood meeting is required for all zone changes and special use requests. The purpose of the meeting is to provide the opportunity for citizens to become aware of the proposed development in their neighborhood, and to allow the developer or property owner to respond to citizen concerns regarding the proposed project. All residents and property owners within 600 feet are notified of the meeting.

30. What public noticing is given for the upcoming public hearings?

All property owners within a 300-foot radius are sent a certified letter announcing the date, time and location of the public hearings. A legal advertisement is placed in the Wheat Ridge Transcript and the subject property is posted for 15 days with yellow public hearing signs.

31. Can I contact my City Council representatives to express my opinion about a special use or zone change?

The public hearings are quasi-judicial in nature. This means that the deciding body should make a decision only on the testimony presented at the public hearings. Please do not contact the Mayor, Planning Commission members or City Council representatives to discuss the merits of the case prior to the public hearing. It could jeopardize their ability to hear the case. If you have comments to provide, please submit them in writing to Planning staff to be included in the public record and to be forwarded to decision makers. In January 2020, comments will be accepted online through “Wheat Ridge Speaks”–more details are coming soon!

32. What is a zone change protest?

A zone change protest is a formal, written protest regarding a proposed zone change which can be submitted by adjacent property owners within 100 feet of the subject property. A valid protest that meets the ownership and geographic requirements of the code and charter will change the voting requirement needed to approve a zone change ordinance. Without a protest, a zone change ordinance requires at least five (5) positive votes for approval; with a protest, a zone change ordinance requires at least six (6) positive votes (a “super majority”) for approval. Learn more about the requirements and process associated with a zone change protest.  Please note that zone change protests should be submitted via email to zoning@ci.wheatridge.co.us while City Hall is closed to the public and public meetings take place virtually because of the COVID-19 pandemic.

Section 5.10

33. What is the policy concerning outdoor food vending at a particular location?

The Community Development Department has established the following policy concerning outdoor food vending at a particular location. Mobile Food Sales Policy

34. What are the City's Sight Distance Triangle requirements?

For corner lots bounded by public streets or private drives with vertical curves and where the application of the standard sight triangle regulations does not provide adequate sight clearance to protect the public safety, the city shall determine the necessary vertical height clearance and the sight triangle dimensions in order to ensure a safe sight distance. Sight Distance Requirements

35. Am I allowed to have an accessory building on my commercial property?

Yes. See Sec. 26-625, Accessory Buildings and Structures. Section 26-625

36. Can I park a truck-tractor or semi-trailer on or in front of my residential property?

It shall be unlawful for any person to park or store, or allow the parking or storing of, truck-tractors or semi-trailers upon any property located and situated within the City of Wheat Ridge, or upon any dedicated public street or road, or private street or road, or public right-of-way or easement or park within the City of Wheat Ridge. Sec. 26-618

37. What is Mixed Use Zoning?

In 2009, the City adopted four new zone district categories relating to mixed use. The mixed use zone districts are designed to allow a wide range of land uses, encourage quality design, and enable higher density development for targeted commercial corridors as well as the future transit-oriented development at the Ward Road GoldLine end of line commuter rail station in the northwest portion of the City. The entitlement process for a zone change to a mixed use zone district category is quicker and requires less up front expenses compared to a zone change to planned development. The four mixed use zone districts are Mixed Use-Commercial, Mixed Use-Commercial Interstate, Mixed Use-Commercial TOD and Mixed Use-Neighborhood. See Article XI - Mixed Use Zone Districts in the Muni Code

38. How can I participate in a public meeting or public hearing?

There are three ways to participate in City Council and Planning Commission meetings:

• Attend in person: www.ci.wheatridge.co.us/calendar
• View live or later: www.ci.wheatridge.co.us/view
• Comment in advance online: www.wheatridgespeaks.org (available for all Planning Commissiong public hearings and all planning/development related hearings at City Council)

Learn more about public meetings, public hearings and how to participate with this short guide: Public Hearings: A Guide to Participating in City Meetings