Zoning Overlays & Bonuses in Arvada, CO

If you live in Arvada or are thinking about moving there, zoning overlays & bonuses are one of those things you probably won't think about until they affect you directly. Arvada has 2 specific rules on the books covering different aspects of zoning overlays & bonuses, and some of them might surprise you.

Density Bonus Law

Arvada lets mixed-use (MX) district developers build 15 feet taller, up to a 120-foot overall maximum, if a project includes affordable housing units financed with federal low-income housing tax credits alongside market-rate units. Section 2-1-10-4 is the City's height-based development incentive tied to affordable housing, and it applies exclusively within the MX-N, MX-S, MX-U and MX-T mixed-use zoning districts.

Key details: Height bonus: 15 ft above base MX height. Overall height cap: 120 ft maximum. Qualifying program: Federal LIHTC (IRC Section 42). Applies in: MX-N, MX-S, MX-U, MX-T districts only. Requirement: LIHTC units combined with market-rate units.

Building above the 15-foot LIHTC bonus, or above the 120-foot overall cap, without qualifying for the incentive under Section 2-1-10-4(B) is a height violation under Section 10-1-2-1(A)(1). The City can deny or revoke the building permit, issue a stop-work order under Section 10-1-2-2(E), and pursue abatement in Arvada Municipal Court. An uncorrected violation is a misdemeanor under Section 10-1-2-3, punishable by a fine set in Section 1-5 of the Municipal Code or up to 180 days in jail.

If you are coming from a city with tighter rules, you will find Arvada gives residents more flexibility on density bonus law.

Downtown Design Guide

Arvada regulates downtown building design through a form-based zoning district, not conventional use zoning. Section 2-1-5-1 creates the Olde Town (OT) district specifically to protect Olde Town Arvada's historic character, applying the Division alongside the City's separate Design Guidelines for Olde Town Arvada and requiring that any enlargement or expansion occur in the most historically appropriate location, as determined through design review.

Key details: District type: Form-based code (OT district). Subdistricts: 7: OT-E, EY, GV, OW, RN, RR, W. Building types: 8 permissible types (Sec. 2-1-5-2). Max height: 65 ft / 5 stories (Table 2-1-5-3H). Governs: Setbacks, build-to %, transparency, blank wall.

Building or expanding in the OT district without following the applicable form standards or without the design review required for historically appropriate placement is a violation under Section 10-1-2-1. The City can withhold a building permit or certificate of occupancy, issue a stop-work order, or revoke an approval under Section 10-1-2-2; an uncorrected violation becomes a misdemeanor under Section 10-1-2-3, carrying a fine set in Section 1-5 of the Municipal Code or up to 180 days in jail.

Compared to other cities, Arvada takes a harder line on downtown design guide. The enforcement and penalty structure reflects that.

The Bottom Line

Arvada's zoning overlays & bonuses rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Arvada is broadly strict or permissive.

All of the above reflects Arvada's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.