This Chapter shall be known and may be cited as the "City of Cherry Hills Village Zoning Code," and may be referred to herein as "this Chapter" or "Zoning Code."

(Ord. 7, §1, 2019)

(a)

General Purposes. The purpose and intent of this Chapter is to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the City of Cherry Hills Village, Colorado, by using the City's home rule, constitutional, and statutory powers to:

(1)

Implement the City's adopted Master Plan and other adopted plans, which plans:

a.

Reflect the shared values of the City's residents with respect to the semi-rural character, form, and function of its future development; and

b.

Promote planned, logical, fiscally and environmentally responsible, and orderly development within the City;

(2)

Establish zoning districts and development standards that allow for the use and development of property in ways that promote the interest of the City and its residents in:

a.

Conserving and enhancing economic, social, cultural, recreational, and aesthetic property values;

b.

Maintaining the semi-rural character of the City, ensuring adequate light and air, and maintaining appropriate open spaces; and

c.

Ensuring peace and quiet enjoyment within the City's residential properties and neighborhoods.

(3)

Provide for sufficient, efficient, fiscally sustainable, and cost-effective transportation, water, sanitary sewer, school, park, stormwater conveyance and treatment, and other public and private facilities and services;

(4)

Promote public safety by securing safety from fire, flood, and other dangers through appropriate site design and adequate infrastructure and emergency services, in coordination with independent providers of public services and facilities;

(5)

Promote appropriate stewardship of natural resources, including water resources;

(6)

Provide for fair development approval procedures that respect private property rights and promote appropriate development; and

(7)

Promote the efficient and responsible use of public and private resources towards the accomplishment of the purposes set out herein.

(b)

Other Specific Purposes. Other specific purposes of the various provisions of this Chapter may be expressed therein.

(Ord. 7, §1, 2019)

(a)

Generally. The provisions of this Chapter are authorized as provided in this Section. The City may be authorized or required to act in additional areas from time to time. This Section is not intended, in any way, to limit the City's ability to accept such additional authorizations or requirements.

(b)

City Charter. Primary authority for all provisions herein that affect the area within the corporate boundaries of the City of Cherry Hills Village and are neither matters of statewide concern nor preempted by federal law is created by the Home Rule Charter of the City of Cherry Hills Village, Colorado. This authority is granted by Article XX, Section 6 (Home Rule for Cities and Towns), Colorado Constitution.

(c)

Colorado Revised Statutes. Supplemental authority for the provisions of this Chapter is provided by the Colorado Revised Statutes, if they are not inconsistent with the provisions herein, or if they are preemptive of charter ordinances. The following provisions of the Colorado Revised Statutes may be used as authority for certain provisions of this Chapter:

(1)

Regulate zoning, planning, subdivision, and development of land and building by C.R.S. Title 31, Article 23;

(2)

Designate and administer areas and activities of state interest by C.R.S. §§ 24-65.1-101 to 108, 201 to 204, 301, 401 to 407, 501 to 502 and 34-1-301 et seq., as amended;

(3)

Regulate certain activities on, and uses of land by C.R.S. § 29-20-101 et seq., as amended;

(4)

Regulate to avoid various types of pollution by virtue of C.R.S. § 25-7-112 (water pollution, radiation, noise);

(5)

Regulate annexation of land by C.R.S. § 31-12-101 et seq., as amended;

(6)

Regulate medical marijuana uses by C.R.S. Title 12, Article 43.3;

(7)

Regulate recreation marijuana uses by C.R.S. Title 12, Article 43.4;

(8)

Recognize the vesting of property rights for site-specific development orders according to C.R.S. § 24-68-101, et seq.; and

(9)

Regulate surveying practices according to C.R.S. § 38-51-101, et seq.

(d)

United States Code. Some of the regulations in this Chapter are authorized or required by federal law, which may include programs that are delegated to the State of Colorado for administration. Such regulations may include, but shall not be limited to:

(1)

Flood damage prevention, pursuant to 42 U.S.C. § 4022; and

(2)

Local implementation of the National Pollutant Discharge Elimination System ("NPDES"), pursuant to 33 U.S.C. § 1342.

(e)

Additional Authority; Limitations. Should further authorizing legislation exist or be enacted, this Chapter is additionally deemed to be enacted or effective pursuant thereto, except:

(1)

This Chapter shall supersede inconsistent legislation if the City's home rule authority so allows; and

(2)

This Chapter shall be superseded by such legislation only to the extent of any irreconcilable conflict if the City's home rule authority does not subordinate such legislation.

(Ord. 7, §1, 2019)

(a)

Generally. This Chapter applies to all development, redevelopment, and use of land in the City of Cherry Hills Village. Except as hereinafter provided, the regulations set by this Chapter within each zoning district shall be minimum regulations and shall apply uniformly and particularly to each class or kind of land, building, or structure.

(b)

Conformity Required.

(1)

Except as provided in Article VI, Nonconformities, no structure or land shall hereafter be used or occupied, and no structure or part thereof shall hereafter be constructed, unless in conformity with all of the regulations of this Chapter.

(2)

No yard or lot shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the initial ordinance codified herein shall meet at least the minimum requirements established by this Chapter.

(c)

Exclusivity. Except as specifically provided herein, no part of a yard or other open space, or off-street parking or loading space required about or in connection with any structure for the purpose of complying with this Chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other structure.

(d)

Annexed Territory. All territory which may hereafter be annexed to the City shall be zoned following the procedures outlined in C.R.S. § 31-12-101, et seq.

(Ord. 7, §1, 2019)

(a)

Generally. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare.

(b)

Conflicts. Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully City-adopted regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern. Where the standards are such that the "most restrictive" or "higher" standard is not obvious, the more specific shall control the more general. If none are more specific than any other, then the most recently adopted standard controls.

(c)

Deed Restrictions or Covenants. The City will not consider, interpret, or apply deed restrictions or covenants unless the City is a party to or beneficiary of them.

(Ord. 7, §1, 2019)

It is declared to be the intention of City Council that the Articles, Divisions, Sections, Subsections, Paragraphs, Sub-Paragraphs, Sentences, Clauses, and Phrases (collectively, "Provisions") of this Chapter are severable, and if any Provision of this Chapter shall be declared unconstitutional or invalid for any reason, such unconstitutionality or invalidity shall not affect any of the remaining Provisions, since the same would have been enacted by the City Council without the incorporation in this Chapter of any such unconstitutional or invalid Provisions, unless such incorporation would lead to an absurd or patently unjust result.

(Ord. 7, §1, 2019)