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Commerce City, CO Zoning Overlays & Bonuses: Downtown Design Guide (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing body
Derby review board (5 regular members)
Design professional seats
2 of 5
Council member seat
1 of 5
Quorum
3 members present
Terms
3 years, 2 consecutive terms max
Applies to
Development in the Derby sub-area only

Summary

Commerce City requires development inside the Derby sub-area to satisfy the Derby design guidelines, enforced by the five-member Derby review board created under Sec. 2-3003 of the Revised Municipal Code. The board reviews development applications for the district, grants variances only when they still meet the guidelines' intent, and administers the Derby commercial catalyst fund program for the area.

(a)Establishment and powers. The Derby review board is hereby established for the purpose of interpreting and applying the Derby design guidelines to development in the Derby sub-area. To effectuate such purpose, the Derby review board shall have the following powers:(1)To hear and take action on development applications for the Derby sub-area in accordance with the Derby design guidelines, as amended from time to time.(2)To hear and take action on requests for variances to the standards contained in the Derby design guidelines, so long as such variances otherwise satisfy the intent of the Derby design guidelines as determined by the Derby review board. ... (b)Composition and qualifications. The Derby review board shall be comprised of five (5) regular members, appointed by the city council, which shall include two (2) design professionals with experience in architecture, urban planning or landscape architecture; two (2) members of the Derby sub-area; and one (1) city council member.

Full Breakdown

Sec. 2-3003 of the Commerce City Revised Municipal Code establishes the Derby review board to interpret and apply the Derby design guidelines to development inside the Derby sub-area, a defined commercial district near Dick's Sporting Goods Park. The board has three powers: it hears and decides development applications for the sub-area against the design guidelines, it hears requests for variances from those standards, and it administers the Derby commercial catalyst program, including which projects qualify for catalyst funding and any limits on how, when and where that money is spent.

A variance is not automatic: the board may grant one only if the deviation still satisfies the intent of the Derby design guidelines as the board itself determines. The board seats five regular members appointed by city council, two of whom must be design professionals with architecture, urban planning or landscape architecture experience, two of whom must live in, own a business in, or hold real property in the Derby sub-area, and one of whom is a sitting city council member. Council may also appoint up to two alternates.

Three members present constitute a quorum, and meetings are called as necessary with notice and an agenda posted to the city's website. Members serve staggered three-year terms and may serve no more than two consecutive terms. Because the board is a quasi-judicial body under Sec. 2-3000, its design decisions on individual applications are appealable the same way as the planning commission and zoning board of adjustment.

Violations & Fines

The code does not fine a project for missing the design guidelines outright; instead the Derby review board is the gatekeeper. A development application that does not conform is not approved as submitted, and a requested variance is granted only if the board finds it still meets the guidelines' intent. Applicants who disagree with a denial can pursue the same appeal path available from other quasi-judicial city bodies.

Frequently Asked Questions

What does the Derby review board actually decide?
It hears and takes action on development applications and variance requests for the Derby sub-area under the Derby design guidelines, and it sets criteria for Derby commercial catalyst funding, all under Sec. 2-3003 of the Revised Municipal Code.
Can a project outside the Derby sub-area get a variance from these guidelines?
No. Sec. 2-3003 limits the board's authority to development applications and design guideline variances for the Derby sub-area specifically, so projects elsewhere in Commerce City go through the planning commission or zoning board of adjustment instead.
Who is eligible to sit on the Derby review board?
Five regular members appointed by city council: two design professionals in architecture, urban planning or landscape architecture, two residents, business owners or property owners within the Derby sub-area, and one city council member, plus up to two alternates.

Sources & Official References

Other rules in Commerce City

All Commerce City rules

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