Ask Planning & Zoning

Are you looking for an answer to a question pertaining to planning and zoning and not sure who to ask? Now you can ask the Planning and Zoning Division.

Fill out the form below and send your inquiry to Planning and Zoning. We will post the best questions here, along with their answers so that others may benefit. If you want a reply directly to you, please provide your email address. Check back to see what others are wanting to know.

Please note: Complaints of zoning violations require contact information. This contact information (such as a phone number, e-mail address, or any other contact information) will be kept confidential and not made part of the public record.

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Q We are looking at building a two story gambrel style barn. We are in unincorporated Jeffco (critchell area), above 8,000 feet, on 81 acres. We understand how to calculate the (average) building height.  How high can we go?

A Great question. Generally speaking the building height in residential and agricultural zone districts is 35 feet in unincorporated Jefferson County. It would be helpful to have an address for your property to confirm the zoning and any other requirements needed as part of the building permit process. There are some properties zoned PD (Planned Development) which specify different height limitations beyond the 35 feet. Also, our Mountain Residential zone districts allow structures up to 45 feet in height.

Please feel free to contact our Zoning Administration staff at 303-271-8700 to determine the exact height based on the zone district for your property or feel free to let me know the address for your property so I can assist you directly.

Q Hello!  I live in unincorporated Jeffco.  It is a residential area, and I back up to a greenbelt.  I'd like to find out if I'm allowed to have a small number of chickens (hens...no crowing!).  By small number, I was thinking perhaps 6 or fewer. Thanks!

A Thank you for your question.  It would be helpful to know the exact address of your property so that we can determine if chickens can be kept on your land.  Generally, our agricultural zone districts allow for the keeping of poultry with no limitation on quantity.  Some of our low density residential zone districts also allow poultry to be kept on property.  However, limitations on the size of poultry houses to no more than 400 square feet exists.  In other instances, land may be zoned PD (Planned Development) where different standards may exist on the size and quantity of animals allowed within a subject area or even not allowed at all.

Please feel free to contact our Zoning Administration staff at 303-271-8700 to determine the exact allowance or restriction on chickens based on the zone district for your property or feel free to let me know the address for your property so I can assist you directly.

Q I am looking at purchasing a home zoned mountain residential 1. I have fostered dogs for Colorado Boxer rescue in Denver in the past but the zoning as I understand it  for MR1 will allow only 3 dogs. What is the process to petition for the allowance of more than 3 dogs?

A Good Question.  The County's Mountain Residential-One (MR-1) zone district limits the number of domesticated pets.  Dogs can be kept, but cannot exceed more than three (3) animals.  If you wish to increase the number of dogs beyond the limitation set forth in the Zoning Resolution, you would need to rezone your property.  In this case, we would most likely recommend rezoning your property to PD (Planned Development) where you could specify the number of animals, any structures to house them (i.e. kennels and dog runs) and additional setbacks from property lines in consideration of surrounding properties in the area.

All rezonings must be evaluated using the applicable Community Plan for the area.  The Plan identifies future uses and activities and provides policies for how such uses should occur.  Evaluation of a rezoning must eventually be presented in a public hearing before the Planning Commission and the Board of County Commissioners.  The Board makes the final decision on the matter.  Both hearings are open to the public for comment on the request.

If you would like to consider increasing the number of dogs on your property, I would recommend that you come into our office and speak with our staff, so that we can assist you more directly.  Please feel free to contact our Zoning Administration staff at 303-271-8700 to determine the steps you would need to take in order for this to occur.

Q Do you require complete landscape of a building, prior to issue of A Cirtificate of Occupancy in winter, when the materials cannot be watered. This is specifically in the Conifer area. Will a CO be issued if the landscape beds are covered with mulch until spring planting time?

A Thank you for your question.  To answer you directly, we do not require that landscaping be completely installed prior to the issuance of a Certificate of Occupancy (CO).  However, we do require that a guarantee to cover the installation of the landscape materials be in place with the County prior to any release of a CO and for that matter, prior to the issuance of a building permit.  We realize that landscaping does not adjust well when planted during winter periods and especially in our mountain areas of the County during winter months.

The guarantee (or collateral) for landscaping can be provided through a Letter of Credit from a bank or by Certified Cashier's Check.  In addition, the monies can be held for a period of one-year, with the possibility of extension, based on seasonal issues or other unforseen events.  An inspection of the landscaping must be completed by the County and all materials must be in place and match the approved Landscape Plan on file with the Planning & Zoning Division.  Upon inspection and release of monies for landscaping, the property owner must maintain the landscaping.  If landscaping dies and is not replaced, the property owner could be subject to a Zoning Violation as specified in Section 3 of the Zoning Resolution.

Q Our new next door neighbor is having a "one" story garage built in his back yard. His "one" story garage is 20' tall,22' wide & 44' deep. I feel it has not only ruined our property value but all the hard work my wife and I have done to our house  over the past fifteen years. Why was something like that allowed to be built without the least bit of regard for my property? Why was there no public hearing, petition or notification of any sort for what was being done? While I realize our neighbor has the right to make improvements, where are my rights as a homeowner and taxpayer?

A As individual property owners, we all have certain rights associated with our land.  However, zoning exists to protect individual properties from impacts, by establishing uses, setbacks, development standards and other criteria.  This is done to avoid having an industrial factory next to a daycare facility, by example.  In your situation, the property is zoned Residential-One (R-1) which is a single-family residential zone district.  A detached garage is allowed as an accessory structure to a residence.  The zone district has a height limitation of 35 feet.  Setbacks in this zone district require a 15' side setback (from property line) and 5' rear setback (again from property line).

Our records show that your neighbor applied for a building permit, provided us with a site plan showing the location of the detached garage and met the minimum setback requirements, as noted above.  Since he complies with the zoning standards and has constructed the garage, which is also permitted in the zone district, no notification or additional review to nearby neighbors, beyond completing the building permit process with the County was required. If he had asked to exceed the height limitation of 35 feet or have the structure closer than what the zone district allows for, he would have needed a variance from the County.  Since he complies with all applicable zoning standards he has met his obligation.  While this may not provide comfort to you, as the adjacent property affected by this structure, the request adheres to the underlying zoning.  We would apply this to you or anyone else in a similar situation.  In the end, I would hope that anyone wanting to do improvements on their property had the assurance that as long as they comply with applicable standards, they have the right to do what they want on their land.

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Last Modified: May 11, 2011 03:51 PM