The National Zoning Atlas (NZA) team is digitizing, demystifying, and democratizing information about zoning conditions in more than 33,000 jurisdictions in the United States. Fully comprehending the zoning conditions of a particular state, and therefore housing and development opportunity, is often stifled by lack of standardization. Which jurisdictions have the authority to exercise powers is typically delegated through state statutes, commonly referred to as “enabling acts.” In Colorado, the state enabling acts grant both counties and municipalities zoning authority, resulting in 334 current zoning jurisdictions statewide with 59 declining to exercise such authority. Across these jurisdictions terminology varies for common regulatory tools. For example, how much “open space” is required in connection with development depends not only upon the jurisdiction’s land area requirement, but how the jurisdiction defines “open space.” And, with respect to uses, there is variation in how many dwelling units qualify as “multifamily”.
The NZA recognized the restraint on sound policymaking that these inconsistencies presented, not only in Colorado but across the country, and therefore sought to collect and standardize zoning code data in an effort to provide comprehensive state-level zoning information. In reviewing Colorado’s zoning codes, the NZA logged the characteristics of 4,139 zoning districts. The information collected includes the regulations on uses, including those related to accessory dwelling units and affordable and age restricted housing types, regulations on lots, and regulations on buildings, as well as procedural requirements in connection with development approvals. Notably, the NZA found that 16 Colorado jurisdictions that have zoning codes, do not make those codes public nor was the NZA able to gain access after repeated requests.
With the information available, the NZA made the following key findings:
- Most Colorado jurisdictions have zoning.
- Land is predominantly zoned for single-family housing, and multifamily housing over three units is prohibited on two-thirds of residential classified land.
- Minimum lot size mandates are widespread with 93% of residential land in Colorado requiring minimum one-acre lots.
- Parking mandates exist on 85% of residential land. *Notably, the NZA conducted Colorado research prior to House Bill 24-1304 being signed into law.
- Accessory dwellings are often banned or very difficult to build. *Notably, the NZA conducted Colorado research prior to House Bill 24-1152 being signed into law.
The full Zoning Report: Colorado by Sara C. Bronin, Scott Markley, Matthew Harris, Diana Drogaris can be found here.
*See our Alert 2024 Land Use and Housing Legislation Taking Shape for more information on House Bill 24-1304 and House Bill 24-1152.
