Progress & Preservation...Together

Comments from Kiersten Faulkner 7-15-99

Mar 17, 2000

Our neighborhood planner from Denver's Planning Department, described what an overlay district is. In 1993 City Council amended the zoning ordinances to allow for overlay districts. She stated this designation is an additional layer of regulation on land use. It does not change the underlying zoning. So in WPE an overlay district would not change our basic R1 zoning. It would add to it.

An overlay district does not limit the density or use set forth in the underlying zoning. It provides for design review of new construction and additions only. It does not regulate demolitions or scrape-offs. It can require new construction to be more compatible with its surroundings. Under overlay zoning, the Zoning Department reviews the proposed project. If it is denied at Zoning, a variance can then be sought from the Board of Adjustment. If it is denied at the BOA then it can be appealed in District Court. An overlay district may be appropriate for a neighborhood with a cohesive design character created by a predominance of a style of architecture, like our WPE bungalows. A specific area must be delineated for the designation, and there must be a clear problem or situation that it is intended to resolve.

The process for designation begins with a pre-application conference at the zoning department. If it is approved there, it is then reviewed by the planning office and then the City's Planning Board. Then it is taken before City Council, where public hearings are held and a vote is taken. Owners must be notified and opposition can be heard at the public hearings.