The zoning districts set out in Table 16-2-10, Zoning Districts, are established.

(Ord. 7, §1, 2019)

(a)

Generally. The zoning districts established by Section 16-2-10, Establishment of Zoning Districts, shall be located as shown on the official zoning map which, together with all explanatory matter thereof, is hereby adopted by reference and declared to be a part of this Chapter.

(b)

Identification of Official Zoning Map. The official zoning map shall be identified by the signature of the Mayor, attested by the City Clerk, and bear the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 16-2-20 of the Municipal Code of the City of Cherry Hills Village, Colorado," together with the effective date thereof.

(c)

Amendments to Official Zoning Map.

(1)

If, in accordance with the provisions of this Chapter and Articles IV and VIII of the City Charter, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be made on the official zoning map after the amendment has been approved by the City Council, together with an entry on the official zoning map as follows: On (date) by official action of the City Council, the following changes were made in the Official Zoning Map: (brief description of nature of change), which entry shall be signed by the Mayor and attested by the City Clerk.

(2)

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this Chapter.

(d)

Conflicting Maps. Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the City Clerk shall be the final authority as the current zoning status of land and structures in the City.

(e)

Destruction and Replacement of Official Zoning Map. In the event the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the Mayor attested by the city clerk, and bear the seal of the City under the following words: "This is to certify that this is the Official Zoning Map of the City of Cherry Hills Village, Colorado, as adopted in Section 16-2-20 of the Municipal Code."

(Ord. 7, §1, 2019)

(a)

Generally. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following City limits shall be construed as following City limits.

(4)

Boundaries indicated as approximately following the centerlines of streams, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (a)(1) through (a)(4), above, shall be so construed.

(b)

Scale. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(c)

Other Features. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (a)(1) through (a)(5), above, the Director shall reasonably interpret the district boundaries, subject to appeal to the Board of Adjustment and Appeals.

(Ord. 7, §1, 2019)

(a)

Generally. The City is essentially built-out in accordance with its Master Plan. As such, the City does not anticipate changes in the landscape that would create a need for amendments to the Official Zoning Map. Rezoning shall be allowed only in strict compliance with the standards of this Section.

(b)

Standards for Rezoning.

(1)

The City Council may approve an application for rezoning if it is demonstrated that any of the following conditions exist:

a.

The existing zoning was implemented in obvious error, and the rezoning is necessary to correct the error.

b.

Two (2) adjacent lots that are located in different residential zoning districts are consolidated into a single lot, and the rezoning will apply the less intensive zoning district to both lots (e.g., an R-3 zoned lot is combined with an R-1 lot, and the owner of the combined lot seeks to rezone so that the consolidated lot is zoned R-1).

c.

A lot line adjustment is approved along a lot line that is also a zoning district boundary line, and the rezoning is necessary to achieve a corresponding adjustment in the zoning district boundary line.

d.

The proposed new zoning district will better facilitate implementation of the City's Master Plan.

(2)

The standards for rezoning set out in this Section apply to applications brought by property owners pursuant to Section 16-7-350, Rezoning, and do not limit the City Council's authority to initiate and thereafter enact amendments to the zoning map.

(Ord. 7, §1, 2019)

(a)

Generally. The tables set out in this Division describe which land uses are allowed "as-of-right," allowed after public hearing if certain conditions are met, and not allowed in each zoning district.

(b)

Legend. The following symbols are used in the tables in this Division:

(1)

"A" means "allowed as-of-right." These uses are subject to administrative review for compliance with the applicable standards of this Chapter.

(2)

"C" means "conditional use." Conditional uses are subject to public hearing review for compliance with conditional use standards and other applicable standards of this Chapter.

(3)

"—" means that the use is not allowed in the specified zoning district.

(c)

Multiple Uses. In instances where a proposed development will combine more than one (1) allowable principal use, each listed shall be evaluated independently for compliance with applicable standards.

(Ord. 7, §1, 2019)

The land uses that are allowed as-of-right, by conditional use approval, and not allowed in each zoning district are set out in Table 16-2-120, Land Use by Zoning District.

(Ord. 7, §1, 2019; Ord. 14, §1, 2022)

The following land uses are not allowed in any zoning district:

(1)

Commercial greenhouses;

(2)

Disposal;

(3)

Farms operated for the disposal of garbage or biosolids (e.g., land application);

(4)

Industrial and logistics uses;

(5)

Industrial Hemp production;

(6)

Intensive agriculture;

(7)

Marijuana uses;

(8)

Overnight accommodations;

(9)

Outdoor shooting ranges;

(10)

Resource extraction;

(11)

Retail sales and services, Type B; and

(12)

Self-storage facilities.

(Ord. 7, §1, 2019)

(a)

Generally. If a proposed use is not listed in the Section 16-2-120, Land Use by Zoning District, or specifically prohibited in Section 16-2-130, Land Uses That Are Not Allowed in Any Zoning District, then the Director shall determine whether the proposed use is functionally comparable to a use that is listed. A proposed use is functionally comparable to a use that is allowed if it is:

(1)

Reasonably comparable to the use, and

(2)

With regard to each of the decision criteria enumerated in subsection (b), the proposed use has no greater impacts than the use with which it is functionally comparable.

(b)

Decision Criteria. The following decision criteria shall be evaluated when the Director determines whether a proposed use is functionally comparable to an allowed use:

(1)

Parking demand;

(2)

Average daily and peak hour trip generation (cars and trucks) and impacts on City streets and infrastructure;

(3)

Hours of operation and peak hours of use;

(4)

Lighting, noise, and vibration;

(5)

Security demands;

(6)

Dust and odors;

(7)

Potentially hazardous conditions, such as projectiles leaving the site;

(8)

Use or storage of hazardous materials;

(9)

Design of buildings, structures, and landscaping; and

(10)

Character of operation.

(c)

Effect of Determination.

(1)

If the Director approves an application for a decision pursuant to this Section, then the use is permitted, subject to the same standards and procedures as the use to which it was compared for the purposes of the favorable decision.

(2)

If the Director determines that a proposed use is not functionally comparable to a use that is permissible in the table in the zoning district that applies to the subject property, then the proposed use is not allowed in that zoning district.

(Ord. 7, §1, 2019)

(a)

Generally. Community Land Use, whether allowed as an allowed as-of-right use or a conditional use, are subject to the requirements of this Section.

(b)

All Community Land Uses. No community land use shall regularly conduct or permit on its premises activity of a commercial nature that is not central to the function of the land use, whether or not a fee or admission is charged for participation in or attendance at such activity. For example, a pro-shop at a private club, or a bookstore at a school, are central to the function of the respective land use, while the use of a place of assembly for co-working space is not central to the function of the land use.

(Ord. 7, §1, 2019)

(a)

Generally. Commercial Land Uses are subject to the applicable requirements of this Section.

(b)

Pet Day Care and Training. Pet day care and training uses shall be conducted entirely indoors.

(c)

Fueling or Service Stations and Vehicle Washes. Fueling or service station uses and vehicle washes (whether primary uses or accessory uses) shall be designed as follows:

(1)

Canopy and Accessory Building or Structure Design.

a.

Canopies and all other accessory buildings or structures (including vehicle washes) shall be architecturally comparable to the principal building through the use of the same or complementary materials, design motif, and colors.

b.

Structural supports for canopies shall incorporate masonry elements as used on the principal building.

c.

Canopy height shall not exceed eighteen (18) feet unless the roof structure has a pitched form that matches the principal building.

(2)

Vehicle Washes. Vehicle wash uses, whether principal or accessory, shall be conducted within enclosed buildings accessed by overhead doors.

(3)

Lighting. In addition to the standards of Section 16-4-120, Exterior Lighting; Generally, and Section 16-4-130, Lighting of Parking Lots, the following standards apply:

a.

Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface more than two (2) inches.

b.

The material and color used on the underside of the canopy shall not be highly reflective.

(4)

Landscaping. Except at points of ingress and egress, a six-foot wide landscape buffer shall be provided along all street frontages. The landscape buffer shall be planted with twenty (20) shrubs and three (3) small trees per one hundred (100) linear feet.

(Ord. 7, §1, 2019)

(a)

Generally. Utility land uses are subject to the applicable standards of this Section.

(b)

All Utilities.

(1)

Offices, repair shops, and storage facilities are not allowed on the site of utility land uses.

(2)

No utility facility, plant, or system that requires a certificate of convenience and necessity from the Colorado Public Utilities Commission shall be approved unless such certificate is granted.

(c)

Major Utilities. In addition to the standards of subsection (b), above, the following standards apply to major utilities:

(1)

Major utilities shall be completely screened from view from adjacent property and public rights-of-way through the use of landscaping, topography, and garden walls, or through enclosure in a building that is designed to appear as a residence or accessory building that is appropriate to the context.

(2)

In approving the location of a major utility facility, the City shall consider whether the balance of the following factors weighs in favor of locating the facility in the City:

a.

The demonstrated need for the facility;

b.

The extent to which the proposed facility is consistent with the Master Plan;

c.

Whether the proposed facility would exacerbate a natural hazard;

d.

How the facility will comply with applicable utility engineering standards, including supply adequacy, system reliability, and public safety standards;

e.

The relative merit of any reasonably available and economically feasible alternatives proposed by the public utility or the City;

f.

The impact that the City's action would have on the customers of the public utility who reside within and without the boundaries of the jurisdiction of the City;

g.

The impact the proposed facility would have on residents within the City's jurisdiction including, in the case of a right-of-way in which facilities have been placed underground, whether residents have already paid to place such facilities underground; and

h.

The safety of residents within and without the boundaries of the City.

(d)

Minor Utilities. In addition to the standards of subsection (b), above, the following standards apply to minor utilities:

(1)

Minor utilities shall be located to minimize risk to and impacts on adjacent and nearby properties.

(2)

Above-ground minor utilities with footprints that are fifteen (15) square feet or less and heights of five (5) feet or less, are not required to be completely screened, but shall be designed to blend into their context to the extent practicable. Treatments may include, but are not limited to, integration with landscaping, use of color, and placement behind screen walls or berms.

(3)

Above-ground minor utilities with footprints that are larger than fifteen (15) square feet or heights that are greater than five (5) feet shall be completely screened from view from adjacent property and public rights-of-way through:

a.

The use of landscaping, topography, and garden walls; or

b.

Enclosure in a building that is designed to appear as a residential or agricultural accessory building, as appropriate to its context.

(Ord. 7, §1, 2019)

Wireless communications facilities are subject to the standards and review procedures in Chapter 20, Wireless Communications Facilities, Cherry Hills Village Municipal Code, and may be subject to additional provisions of this Chapter as provided therein.

(Ord. 7, §1, 2019)

(a)

Generally. No agricultural use shall be permitted if offensive or injurious because of odor, noise, dust, fumes, smoke, or other nuisances. However, the normal odors, noises, and other external impacts of animal keeping shall not be considered offensive or injurious unless they are also the result of violations of Chapter 7, Article V, Cherry Hills Village Municipal Code.

(b)

Production of crops and livestock that is intended for offsite retail sale and any on-site retail sales must be clearly subordinate and incidental to the primary use of the property as determined by the Director..

(c)

On-site slaughter and processing of meat products are prohibited.

(Ord. 7, §1, 2019; Ord. 14, §2, 2022)

(a)

Purpose. The City Council hereby declares that certain uses of land designated as conditional uses within any zoning district may be authorized by City Council subject to compliance with the standards and review and approval procedures set forth in this Division.

(b)

Application.

(1)

The standards of this Division apply to all land uses that are listed in Section 16-2-120, Land Use by Zoning District, as Conditional Uses, upon:

a.

The establishment or substantial modification of the land use or its operational characteristics;

b.

Additions to buildings or structures associated with the land use; or

c.

Construction or demolition of buildings or structures associated with the land use.

(2)

The standards of this Division do not apply to:

a.

Maintenance of buildings;

b.

In-kind replacement or maintenance of previously approved structures (e.g., fences or retaining walls); or

c.

Construction, demolition, or modification of signs.

(Ord. 7, §1, 2019)

No conditional use shall be constructed, reconstructed, enlarged, relocated or otherwise established within the corporate limits of the City without a conditional use permit issued or amended in accordance with the requirements of this Division and the applicable requirements of Article VII, Development Review Process.

(Ord. 7, §1, 2019)

(a)

Generally. All uses that are listed in the tables of Section 16-2-120, Land Use by Zoning District, as conditional uses ("C") shall meet the standards of this Section in addition to the standards of Article II, Division 3, Use-Specific Standards, that apply to the proposed use.

(b)

Required Findings.

(1)

The proposed use, at the size and intensity contemplated, and at the proposed location, is necessary for the neighborhood immediately benefited by the proposed use, and physically and functionally compatible with the surrounding community.

(2)

The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or to property, improvements, or potential development in the vicinity of the proposed use. This determination may, without limitation, be based on:

a.

The nature of the proposed site, including its size, shape, and topography and the proposed size, location, and arrangement of buildings, structures, and landscaping;

b.

The accessibility and patterns of pedestrian and vehicular traffic, including the type and volume of such traffic, location of points of ingress and egress, and the adequacy of off-street parking and loading, where applicable; and

c.

The provisions for landscaping, screening, unobstructed open space, service areas, and lighting.

(3)

The proposed use will comply with the applicable zoning district regulations, use-specific standards, and all other applicable provisions of this Chapter and of this Code, and will not be inconsistent with the Master Plan.

(c)

Simultaneous Processing of Variance Applications. Where an applicant for a proposed conditional use also requests a variance to a standard imposed by this Chapter, the City Council may grant such variance as part of the approval of the conditional use upon a finding that all criteria for approval of a variance are also met. SeeSection 16-7-520, Variances.

(Ord. 7, §1, 2019)

Subject to issuance of a temporary use permit, the City may authorize the temporary uses and temporary structures only as identified in this Division.

(Ord. 7, §1, 2019)

A lot or portion of a lot may be used for the storage of construction materials and/or a temporary trailer may be used as a construction office or for construction material storage within any zoning district in the City, provided that the following standards are met:

(1)

The construction yard or construction building shall be located upon the lot where the related construction activity is to be undertaken; except that where construction activity is to be conducted upon multiple lots, tracts, or parcels, or within rights-of-way within a subdivision, the construction yard or construction building may be located on a lot, tract, or parcel within the subdivision that is designated on the approved construction plans.

(2)

The construction yard or construction building shall be permitted only where a building permit or right-of-way permit (seeChapter 11, Article II, Cherry Hills Village Municipal Code) has been issued and remains effective and valid for the location of the associated construction activity.

(3)

Construction buildings shall conform to the setback, height, and buffering standards of this Chapter that apply to permanent buildings, except as approved on building plans for good cause shown. Construction yards shall be completely screened from view from adjacent property under separate ownership, and from public rights-of-way, except as approved on building plans for good cause shown.

(Ord. 7, §1, 2019)

Temporary residential sales offices are not allowed.

(Ord. 7, §1, 2019)

(a)

Generally. A temporary trailer or temporary structure may be used as a location for activities conducted by a community land use, provided that all of the following standards are met:

(1)

The temporary trailer or temporary structure is located upon the same property that is used for the community land use.

(2)

The use of the temporary trailer or temporary structure is limited to activities that may be lawfully conducted by the community land use.

(3)

The temporary trailer or temporary structure is necessary to enable the continued delivery of services by the operator of the community land use during construction, remodeling, or renovation of its permanent building or buildings.

(4)

A building permit has been issued for construction, remodeling, or renovation of the permanent building or buildings, and the permit is effective and valid during the term of use of the temporary trailer or temporary structure.

(5)

Temporary trailers conform to the setback, height, and buffering standards of this Chapter that apply to permanent buildings, and temporary structures conform to the setback, height, and buffering standards of this Chapter (if any) that apply to comparable structures.

(b)

Exemptions. Mobile trailers and mobile structures used by the City shall be permitted upon any property and within any zoning district in the City, and shall be exempt from permitting requirements of this Section.

(Ord. 7, §1, 2019)

The purpose of this Division is to establish requirements for major special events of national or regional importance within the City. Due to the potential for significant impacts caused by major special events upon residents, streets and public improvements, law enforcement, and other administrative resources, this Division is intended to provide the City the greatest possible degree of discretion and authority in the review and approval of major special event permits.

(Ord. 7, §1, 2019)

(a)

Applicability.

(1)

Generally. A major special event may only be conducted upon property owned by and used for a Park, a Place of Assembly, a Private Club, or a School or Daycare.

(2)

Additional Property for Support Services.

a.

An application for a major special event permit may identify and propose the use of additional property, regardless of such additional property's zoning district designation, as necessary to provide support services to the site of the major special event.

b.

No property shall be identified as a site for support services unless the applicant has first obtained express written authorization from the owner of the support service site consenting to the use of the owner's property for such support service use.

c.

Unless otherwise approved by the City Council in its absolute discretion, support services shall not be conducted on property held by the City or any special district for use as a park, trail or open space, or any area used for public parking associated with a park, trail, or open space area.

(b)

Permit Required.

(1)

Generally. A permit issued in accordance with this Division shall be required prior to the conduct of any major special event.

(2)

Form of Permit. Major special event permits shall be issued by resolution of the City Council. The resolution shall incorporate the approved application, conditions of approval imposed by the City Council, and any written agreement between the applicant and the City deemed necessary by the City Council to ensure compliance by the applicant with this Division and this Chapter.

(c)

Effect of Permit. Issuance of a major special event permit shall constitute authorization to conduct the major special event and the support services only as specifically described in the resolution issuing the permit. Where a use expressly authorized in the resolution conflicts with a regulation imposed by the applicable zoning district(s) for the property or with a standard imposed by this Chapter, the approval of the application shall be deemed approval of a temporary exception to such regulation or standard only for the duration of the major special event.

(Ord. 7, §1, 2019)

A major special event permit shall only be issued upon a finding that:

(1)

The proposed event qualifies as a major special event;

(2)

The major special event will provide one (1) or more significant and important public benefits to the City;

(3)

The major special event is appropriately sized in relationship to the subject property and, together with any proposed support services, can be conducted in an organized and efficient manner;

(4)

The major special event will not result in unreasonable traffic congestion or create an unreasonable or disproportionate hazard to vehicular or pedestrian traffic;

(5)

The major special event will provide sufficient parking in terms of parking spaces and areas to accommodate parking demand;

(6)

The major special event will be conducted in a manner that eliminates, mitigates, or reasonably controls adverse impacts upon adjacent properties and upon the public generally; and

(7)

The major special event will not otherwise unreasonably impair the public health, safety, or welfare.

(Ord. 7, §1, 2019)

(a)

Generally. Guest houses are allowed in the R-1 and R-2 zoning districts, subject to the standards of this Section. Guest houses are not allowed in other zoning districts.

(b)

Number. One (1) guest house is allowed per single-family residential lot.

(c)

Form.

(1)

A guest house may be attached to or integrated into the principal building, or may be located in an accessory building.

(2)

A guest house that is attached to or integrated into a principal building shall not exceed nine hundred (900) square feet or twenty-five percent (25%) of the floor area of the principal building, whichever is less.

(3)

An accessory building that includes a guest house shall not cover more than:

a.

In the R-1 zoning district, three percent (3%) of the lot area.

b.

In the R-2 zoning district, four percent (4%) of the lot area.

(d)

Use. Guest houses shall be occupied only by family members or non-paying guests of the permanent occupants of the principal dwelling unit.

(Ord. 7, §1, 2019)

A cemetery or columbarium (or combination thereof) may be approved as an accessory to a place of assembly use, provided that:

(1)

The land that is put to cemetery use is dedicated for cemetery use in perpetuity with an appropriate recorded legal document approved as to form by the City Attorney.

(2)

The cemetery shall be an endowment care cemetery, as defined by Colorado Statutes.

(3)

Documentation is provided to the City at the time of application that demonstrates:

a.

The necessity for the services the applicant seeks to provide;

b.

The applicant's fitness and ability to perform proposed services; and

c.

Compliance with Title 12, Professions and Occupations, Article 12, Cemeteries, Colorado Revised Statutes.

(4)

The boundaries of the cemetery or columbarium are set back at least fifty (50) feet from all property lines, and defined by fences, garden walls, building walls, and/or landscaping.

(Ord. 7, §1, 2019)

Accessory uses that are not specifically enumerated in this Division shall be allowed on the same terms as the principal use. Business uses of the home that are enumerated in Article II, Division 8 shall not be considered "accessory uses" for the purposes of this Section.

(Ord. 7, §1, 2019)

(a)

Generally. Home occupations that are of a type that is not subject to another section of this Division shall meet the standards of this Section.

(b)

Standards. A home occupation may be operated only if it complies with all of the following conditions:

(1)

The home occupation is operated in its entirety within an enclosed building on a lot that is used for a single-family dwelling unit, and only by the residents of the dwelling unit.

(2)

If located within a principal building, the area used for the home occupation does not have an exclusive entrance from outside the building.

(3)

The home occupation shall not result in an increase in the life safety hazard rating of the subject property as defined in the building code.

(4)

No chemicals or substances that are physical or health hazards as defined in the fire code shall be sold in conjunction with a home occupation, nor shall they be used or stored in quantities that are larger than typical for household use.

(5)

The operation of any wholesale or retail business is prohibited unless it is conducted entirely by mail or parcel delivery service, or sales are transacted on the premises no more than one (1) time per calendar month. However, this restriction does not apply to incidental sales of products in conjunction with the provision of services (e.g., hair care products sold in conjunction with a beauty salon, or instructional books sold in conjunction with music lessons).

(6)

The home occupation does not involve physical alterations to buildings or structures that are perceptible from off-site that are obviously different from those of the residential use.

(7)

There shall be no deliveries to or from the subject property using a vehicle longer than sixteen (16) feet or rated over eight thousand (8,000) pounds gross vehicle weight (a standard United Parcel Service truck), except that larger vehicles are permitted for the purpose of delivering or removing household or office furnishings.

(8)

The home occupation does not generate, in excess of levels customarily found in residential neighborhoods in the City, any vibration, smoke, dust, odors, noise, electrical interference with radio or television transmission or reception, or heat or glare that is noticeable at or beyond the property line of the subject property.

(9)

The home occupation does not have any employees or regular assistants who work on the subject property and who do not reside on the subject property.

(10)

No article may be sold or offered for inspection or sale from the premises. This restriction shall not apply to occasional garage sales, the sale of a single used car, the sale of a litter of animals, or other similarly noncontinuous and nonrepeated transactions.

(c)

Prohibited Home Occupations. The following uses, regardless of whether they meet the standards of subsection B., above, are not permitted as home occupations:

(1)

Veterinary clinics, animal hospitals, or kennels;

(2)

Equipment rental;

(3)

Funeral chapels, mortuaries, or funeral homes;

(4)

Wedding chapels;

(5)

Medical or dental clinics;

(6)

Repair or painting of automobiles, motorcycles, trailers, boats, or other vehicles;

(7)

Repair of large appliances (e.g., ranges, ovens, refrigerators, washers, dryers, and the like);

(8)

Repair of power equipment (e.g., lawn mowers, snow blowers, chain saws, string trimmers, and the like);

(9)

Restaurants; and

(10)

Welding or metal fabrication shops.

(Ord. 7, §1, 2019)

(a)

Generally. The standards of this Section apply to the child care uses within dwelling units (hereinafter "Home Child Care Uses") that are listed in this subsection. Such uses require a major home occupation permit. Home Child Care Uses are:

(1)

Specialized group homes, as defined in § 7.701.2.B., 12 CCR 2509-8, except as provided in subsection (b)(2)., below; and

(2)

Family child care homes, as defined in § 7.707.22.A. and B., 12 CCR 2509-8, and including:

a.

Three (3) under two (2) family child care homes, as defined in § 7.707.22.C., 12 CCR 2509-8;

b.

Family child care homes with infant/toddler licenses, as defined in § 7.707.22.D., 12 CCR 2509-8;

c.

Experienced child care provider, as defined in § 7.707.22.F., 12 CCR 2509-8; and

d.

Large child care homes, as defined in § 7.707.22.E., 12 CCR 2509-8.

(b)

Exceptions. The following child care uses are allowed without a permit in all dwelling units, provided that all licenses (if any) that are required by state law (see 12 CCR 2509-8) are obtained prior to establishment of the use, and thereafter maintained:

(1)

Specialized group homes that are licensed to provide care for three (3) or more children pursuant to C.R.S. § 26-6-102(10), but that are providing care for three (3) or fewer children who are determined to have a developmental disability by a community centered board or who are diagnosed with a serious emotional disturbance.

(2)

Exempt family child care home providers, as defined in C.R.S. § 26-6-102(12);

(3)

Foster care homes, as defined in C.R.S. § 26-6-102(14); and

(4)

Licensed host family homes, as defined in § 7.701.21., 12 CCR 2509-8.

(c)

Standards. In addition to any state regulatory requirements, the following standards apply to the home child care uses that are subject to this Section:

(1)

The operator of the home child care use shall reside on the subject property.

(2)

The home child care use shall not generate, in excess of levels customarily found in residential neighborhoods, any noise that is noticeable at or beyond the property line of the premises upon which the home child care use is located.

(3)

Off-street parking shall be sufficient to accommodate the home child care use.

(4)

Commercial vehicles shall not be parked or stored on the subject property.

(5)

Home child care uses that serve more than five (5) children who are not related to the operator shall be spaced from each other so that there are not more than two (2) such facilities within a 500-foot distance, measured between the nearest property lines.

(d)

Maximum Number of Children. The number of children that may be cared for in a home child care use is limited by the applicable state license or statutory definition and not by this Chapter.

(Ord. 7, §1, 2019)

(a)

Limited Horse Boarding. A maximum of two (2) horses that are not owned by the resident of a single-family detached dwelling unit may be boarded and stabled on the lot on which the dwelling unit is located or on an adjacent lot owned by the same owner.

(b)

Equestrian Training. Equestrian training is allowed as an accessory use in the R-1, R-2, and R-3 zoning districts or at a private club as regulated by Table 16-2-120.

(Ord. 7, §1, 2019; Ord. 14, §3, 2022)

Short-term rental (terms of less than thirty (30) days) of a single-family dwelling unit or a guest house is prohibited. Solicitation, advertising, or rental of a single-family dwelling unit or a guest house for the purpose of holding a party, special event, social gathering, wedding, or similar use shall be considered a commercial use of the property and is also prohibited.

(Ord. 7, §1, 2019; Ord. 3, § 1, 2022)