Arvada, CO Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- 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
Summary
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.
2-1-10-4. - Incentives for increased building height. A.Generally. Within the MX zoning districts, an increased building height of 15 feet shall be allowed for projects that include affordable housing units provided, however, the maximum overall building height shall not exceed 120 feet.B.Affordable Housing. A development project that includes affordable units that utilize federal low-income housing tax credits (LIHTC), pursuant to Section 42 of the Internal Revenue Code, and include market rate units, shall be allowed the additional height identified in Section 2-1-10-4A above.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Council Policy Manual: Supplement 1 | Code of Ordinances: Supplement 67).
Full Breakdown
Section 2-1-10-4, Incentives for Increased Building Height, grants a 15-foot height bonus "within the MX zoning districts" for "projects that include affordable housing units," capping the resulting overall building height at 120 feet regardless of what the base zoning district would otherwise allow. Subsection B defines the qualifying affordable component narrowly: the project must include units financed with federal low-income housing tax credits (LIHTC) under Section 42 of the Internal Revenue Code, and the LIHTC-funded affordable units must be built alongside market-rate units in the same development, rather than as a stand-alone affordable project.
The bonus interacts with the base height limits set for each MX district. The mixed-use districts (MX-N Neighborhood, MX-S Suburban, MX-U Urban, and MX-T Transit-Oriented) each carry their own maximum building height under their respective lot and building standards tables in Division 2-1-4; the 15-foot LIHTC bonus is added on top of whichever of those base limits applies to the specific MX subdistrict, subject to the 120-foot ceiling. Because the incentive is written as a height allowance rather than a density or unit-count bonus, a developer still has to satisfy every other applicable standard in Chapter 2, including setbacks, frontage-zone build-to requirements, and parking, for the taller building; only the maximum height number itself is relaxed. The incentive does not apply outside the MX districts, so a similar affordable-housing project in the RN, R6, R13, R24, or Olde Town districts receives no comparable height increase under this Section.
Violations & Fines
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.
Frequently Asked Questions
Does Arvada offer a height bonus for affordable housing projects?
What qualifies a project for Arvada's building height bonus?
Is there a density bonus for affordable housing outside Arvada's mixed-use districts?
Sources & Official References
Other rules in Arvada
Compare Arvada to another location·View the Colorado zoning overlays & bonuses overview
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