How do I check zoning before I sign a lease or buy a building in Colorado?

Answered by Charlie Cummings, Colorado Real Estate BrokerUpdated October 15, 20263 minute read
The short answer

Look up the parcel's zone district on the city or county zoning map, then find your use in that code's use table to see if it is allowed, allowed with conditions, or not allowed. Then confirm with the city's planning or zoning office, ideally in writing, before you sign anything.

Why it matters

Zoning decides what kind of business can operate in a building. If your use is not allowed, you cannot get a permit or a certificate of occupancy, and you may be stuck paying rent on a space you cannot open. A listing that says "commercial" does not mean your use is allowed.

Step by step

01

Find the zone district

5 minutes

Look up the address on the zoning map for the city the property is in. Denver, Aurora, Centennial, Lakewood and the other metro cities each publish an online map. If the property is outside city limits, use the county map.

  • You need the address or parcel number
02

Find your use in the use table

15 minutes

Every zoning code has a table listing uses and whether each one is permitted, permitted with limits, needs a special review, or is not allowed in each district. Find the closest match to what your business actually does.

  • Look for limits and conditions
03

Call the planning or zoning office

Most important step

Describe your business plainly and ask whether the use is allowed at that address. Uses like auto repair, cannabis, child care, places of worship, fitness and anything with outdoor storage often have extra rules.

  • Ask for a zoning verification letter
04

Check the property's history

Avoid surprises

Ask the city about the current certificate of occupancy, open permits, code violations, and any planned unit development (PUD) or covenants that add their own limits.

  • Also check HOA or owner rules

Zoning is not the only approval

QuestionWho decidesWhy it matters
Is my use allowed here?ZoningWithout it, no permit
Does the building meet code for my use?Building departmentA change of occupancy can require sprinklers, restrooms or accessibility work
Is there enough parking?ZoningSome uses need more spaces than the site has
Can I put up my sign?Zoning and the landlordSign codes and the lease both limit size and placement
Is there enough water and sewer capacity?The water utilityMore capacity can mean new tap fees

Protect yourself in the deal

  • Make the lease or purchase contract contingent on zoning and permits for your use
  • Get the landlord or seller to state the current certificate of occupancy
  • Ask your architect or contractor to confirm what a change of use will trigger
  • Keep the zoning verification letter with your deal records

Zoning codes change and every site is different. Always confirm with the city before you sign.

Common follow up questions

What is a zoning verification letter?

A written statement from the city confirming a property's zone district and, if you ask, whether a specific use is allowed. Many cities charge a small fee and take a few weeks, so request it early.

What if my use needs a special permit?

Some uses are allowed only after a public review or hearing. That can take months and is not guaranteed, so build that time into your contingency period or look for a site where the use is already permitted.

Does the landlord or seller have to tell me if my use is allowed?

No. It is your job to confirm your use. A good lease or contract makes the deal contingent on getting your permits so you can walk away if you cannot.

This page is general information, not lending, legal or tax advice. Programs, limits and terms change, and every situation is different. Talk with your lender, attorney and CPA before you decide.