March 12, 2026

Lakewood Puts Zoning Changes to a Vote in Upcoming Special Election

On April 7, residents of the City of Lakewood (the “City”) will have the opportunity to vote on a suite of changes to the City’s zoning code (the “Zoning Code”).  The outcome of the election is likely to shape the long-term development in the City because, if approved, the new Zoning Code increases the permitted residential densities across large parts of the City.

Changes to Lakewood’s Zoning Code

Between August 28, 2025, and October 13, 2025, the Lakewood City Council (“City Council”) passed a series of ordinances to overhaul the City’s Zoning Code, including Ordinance 2025-27, Ordinance 2025-28, Ordinance 2025-29, and Ordinance 2025-30 (the “Ordinance(s)”).  These Ordinances represent a comprehensive update of the City’s Zoning Code in part in response to a shortage of housing across Colorado.  Proponents of the changes believe that permitting higher levels of density throughout the City could spur the development of “missing middle” housing to promote housing affordability.  Opponents believe the new Zoning Code will bring density that City services may not be able to support and will not actually result in lower home prices.

The updated Zoning Code includes significant changes, including:

• Collapsing the various kinds of housing under the previous version of the Zoning Code into one “Residential Dwelling” category. This definition includes but is not limited to “single family homes, duplexes, triplexes, fourplexes, attached homes, multifamily buildings, group housing, emergency shelters, etc.”  Lakewood Municipal Code (“LMC”) § 17.14.12.  Residential Dwelling is permitted in all Residential Zone Districts (although residential dimensional standards apply) and all Mixed-Use Zone Districts.  LMC § 17.4.2.
• Allowing more dwelling units per lot. In 2026, a single building on an R-L zone lot that will contain four or more units will require a special use permit.  This provision sunsets on January 1, 2027, at which point only the building and design standards will limit the number of units permitted on a particular lot.  See LMC Table 4; LMC § 17.5.2.1.
• Promoting the reuse of existing structures for residential uses. Section 17.4.1.4 provides that “structures or buildings existing prior to the adoption of this Zoning Code may be converted to fully residential use regardless of building size or Use Table permissions.”
• Allowing retail in residential areas. Small retail shops, no larger than 750 square feet, are now permitted.  These shops will have limited operating hours and may not permit parking in front of the structure.  LMC § 17.4.2; LMC § 17.4.3.1:Z.
• Setting a maximum size for residential homes. The Maximum Gross Floor Area for one and two-unit buildings is 4,000 square feet. For three units or more on a single lot, the Maximum Gross Floor Area is 5,000 square feet.  LMC § 17.5.2.1.
• Setting new minimum sizes for new lots, ranging from 1,500 to 7,000 square feet. See LMC, Table 4; LMC § 17.5.2.1.
• Increasing open space requirements. See LMC §17.5.3.1 (for mixed use); LMC § 17.5.2.1 (for residential development).

Referendum

Following the passage of the updated Zoning Code, opponents of these changes organized a series of petitions calling for a referendum.  The Denver Post reported that the leaders of this referendum push collected more than 10,000 signatures.  A protest was filed against the referendum on November 25, 2025, and a hearing was held to determine the validity of the referendum petitions on December 19, 2025.  The hearing officer determined that the petitions met all the legal sufficiency requirements in conformance with LMC § 2.52.150 and C.R.S. § 31-11-110(3) to challenge all four Ordinances.

Section 13.2(e) of the City’s Charter allows City Council two options following a successful referendum petition: (1) City Council may repeal the Ordinance itself; or (2) City Council may put the Ordinance to a vote of the registered electors in a special election.  On January 27, 2026, City Council voted to send all four Ordinances for consideration by the registered electors in a Special Election.

Special Election

On April 7, City residents will consider whether to repeal the Ordinances that are the culmination of a multi-year effort to reform the City’s Zoning Code.

Because the City Council adopted changes to the City’s Zoning Code in a series of four separate Ordinances, the special election ballot will contain four separate questions, each of which could repeal or leave in place the portion of the Zoning Code that the corresponding Ordinance approved.

• Question 1 concerns Articles 6 through 14 of Title 17 of the Lakewood Municipal Code, which cover: Residential Building and Site Design Standards, Institutional, Mixed-Use, Commercial and Light Industrial Building and Site Design, Parking and Loading Standards, Sign Standards, Wireless Services and Communications, Historic Preservation, Nonconformities, Sustainable Development, and Definitions and Interpretations.
• Question 2 concerns Articles, 1, 2, 4, and 5 of Title 17 of the Lakewood Municipal Code, which involve Purpose and Intent of the Code, Procedures and Appeals, Use and Supplemental Standards, and Dimensional and Developmental Standards.
• Question 3 concerns Article 3 of Title 17 of the Lakewood Municipal Code, which establishes new Zone Districts.
• Question 4 concerns the zoning map, which controls the zoning of properties throughout the City and effectively rezones the City to correspond with the Zone Districts established by the Ordinance at issue in Question 3.

A Yes Vote is a vote against the new zoning changes and repeals the Ordinance.

A No Vote is a vote in favor of the new zoning changes and will maintain the changes in each particular Ordinance that were previously approved by the City Council.

Legal Uncertainty Ahead

While the most likely outcome is that all four measures pass or fail collectively, there is some uncertainty around what would occur if, for example, Question 3, which establishes new Zone Districts, were to pass, thereby repealing the sections of the Zoning Code defining the Zone Districts, but Question 4, which establishes the zoning map and shows the location of said Zone Districts, were to fail, keeping the map in place.  Legally, the zoning map would be in effect but functionally without any definitions to inform the application of the map.  This could lead to a period of legal uncertainty where what is and is not allowed on a particular property could functionally be undefined, which could stall all development in the City, at least until the City Council could act.

Moreover, if City residents vote yes on all four measures and repeal the latest suite of Ordinances, the City likely cannot simply return to its pre-existing Zoning Code.  The state legislature has passed several laws which require even home rule municipalities like the City to comply with certain new zoning measures.  For example, HB 24-1007 prohibits local governments from regulating occupancy limits based on familial relationship.  Likewise, HB 24-1304 changes what parking requirements local governments can enforce in “transit service areas.”  Accordingly, the City will likely need to account for these and other new state laws related to land use.  If City residents reject the updated Zoning Code, City Council will have to go back to the drawing board and attempt to craft a zoning code that both satisfies state law requirements and the electorate.

You can read more about the changes to Lakewood’s Zoning Code here.

You can find more information about the Special Election, including details about how and where to vote here.