(a)

Generally. The purpose of this Article is to provide for the control, improvement and termination of uses or structures that do not conform to the regulations of this Chapter for the zoning district in which they are located, and to bring landscaping into conformance with this Chapter over time. The protection afforded owners of property under this Article exists only in order to permit the continuance of a legal nonconforming use of land, structure, or lot to the extent necessary to safeguard the investment of the property owner.

(b)

Short-Term Rentals. The specific purposes of requiring certification and licensure of legal non-conforming short term rental use of properties are to:

(1)

Ensure the safety of guests and occupants of short term rental properties through compliance with building code requirements applicable to transient residential occupancy;

(2)

Maintain the stability of the semi-rural, residential character of the City; and

(3)

Mitigate the negative effects that short term rentals pose within residential neighborhoods in terms of trash, parking, and noise issues.

(Ord. 7, §1, 2019)

(a)

Generally. Subject to the provisions of this Article, a nonconforming land use, a nonconforming building or structure, or a nonconforming lot shall be lawful only if one (1) or more of the conditions set out in this Section apply.

(b)

Land Use.

(1)

Generally. The land use was legally established and maintained on the effective date of this Chapter or of any amendment causing nonconformity, thereby constituting a non-conforming use. For purposes of this Section, "legally established and maintained" means compliance with each of the following criteria:

a.

The land use was, at time of commencement, in compliance with all applicable federal, state and City regulations; and

b.

The land use is determined to be legally established and maintained by City administrative certification as set forth in Section 16-6-40, Administrative Certification.

(2)

Limitations. The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. The existence of a nonconforming use on a portion of a lot or parcel of land shall not be construed to establish a nonconforming use on the entire lot or parcel of land.

(c)

Building or Structure (including Signs and Lighting). The building, structure, or portion of the building or structure was either:

(1)

In conformance with applicable regulations at the time it was constructed; or

(2)

Not legally established and maintained, but has existed, unmodified, in its current location for more than twenty (20) years.

(d)

Lots. The lot was either:

(1)

In conformance with applicable regulations at the time it was created; or

(2)

Not legally created, but was developed with a residence prior to September 6, 1987.

(e)

Other Nonconformities. For nonconforming situations not enumerated in subsections (b) though (d), above, inclusive, the development was in conformance with applicable regulations at the time it was established, constructed, installed, or created, as applicable.

(Ord. 7, §1, 2019)

In any administrative or judicial proceeding wherein it is claimed that a building, structure, lot, or use is allowed as a legal nonconformity, the party asserting that such nonconforming status exists shall have the burden of providing proof of the same by a preponderance of the evidence. Evidence of legal nonconformity shall show that the applicable criteria in Section 16-6-20, Application, have been met, and may include (but are not limited to) the following: approved permits, copies of applicable zoning, building or other code provisions in effect at the time of establishment of legal nonconformity; leases; and verified affidavits of persons with personal knowledge of the circumstances of the nonconformity.

(Ord. 7, §1, 2019)

(a)

Generally. To obtain the status of a legal nonconformity (e.g., nonconforming use, nonconforming building, etc.), the owner or designated representative of the owner must apply for and obtain a certification of the nonconformity ("Legal Nonconforming Certification") from the Director.

(b)

Documentation. The Director shall require appropriate documentation of the legal nonconformity, which may include:

(1)

Proof of ownership of the property;

(2)

Narrative explanation of the claimed nonconformity;

(3)

Documentation of the date that the use/activity commenced and evidence of continuous operation for each successive year;

(4)

Any judicial determinations affirming legal nonconforming use status; and

(5)

A site plan or survey including boundaries of the property, easements, total area of the property, use and dimensions of existing buildings and structures, setbacks, dimensioned parking layout, north arrow and scale, and precise location and limits of any nonconforming use to be certified;

(6)

A title commitment, title abstract, or title information binder, which may include the subject property and adjacent properties; and

(7)

Proof of compliance with the Rehabilitation Authority (if applicable) (see Ordinance No. 6, series 1950).

(c)

Decision. The Director shall deny any certification if it appears that the evidence presented does not show the existence of a prior legal nonconforming use by a preponderance of the evidence in accordance with the applicable criteria in Section 16-6-20, Application. Any certification issued by the Director shall include a detailed description of the specific nonconformity that is present upon the property (e.g., details of a nonconforming use, description and location of nonconforming building or structure, etc.).

(d)

Term. A certification of nonconforming use issued by the Director shall be invalid and void in the event that a certified nonconforming use is discontinued for a continuous period of six (6) consecutive months.

(Ord. 7, §1, 2019)

Except as provided in Section 16-6-180, Nonconforming Uses, a nonconforming building or structure may be structurally altered or expanded if: (1) the alteration or expansion is contained entirely within the building envelope of the lot, (2) the alteration or expansion reduces the overall extent or degree of nonconformity, or (3) the alteration or expansion is limited to an interior remodel or maintenance repairs needed to keep the building or structure in good condition, and (in all cases) the alteration or expansion otherwise meets the requirements of this Chapter.

(Ord. 7, §1, 2019)

Nonconforming fences and garden walls shall be brought into conformance with this Chapter upon substantial replacement. For the purposes of this Section:

(1)

Any repair or replacement of more than twenty-five percent (25%) of a fence or garden wall along any individual front, side, or rear lot line of a property within a twenty-four-month period shall constitute a replacement; and

(2)

Repair does not include painting, pressure washing, sealing, or staining.

(Ord. 7, §1, 2019)

Nonconforming light fixtures in existence prior to the date of enactment of this Chapter shall be deemed conforming and exempt from the requirements of Section 16-4-120, Exterior Lighting, Generally, except that:

(1)

All lighting shall be brought into conformance if the floor area of the associated land use is increased by fifty percent (50%) or more, measured cumulatively after the effective date of this Chapter, or if the subject property is redeveloped.

(2)

Existing light fixtures shall be so oriented and shielded so that they do not shine directly onto any part of another lot, a street, or public property. For the purposes of this standard, a light shall be deemed to shine directly onto other property if the source of illumination (bulb or direct lamp image) is visible in a direct line of sight from any portion of the other property and the light is sufficiently strong to cast a plainly visible shadow on such other property, or create an unreasonable risk to the safety of vehicular or pedestrian traffic on a street or public property.

(Ord. 7, §1, 2019)

(a)

Generally. Building permits may be authorized for construction on legally nonconforming lots, provided that the buildings or structures authorized by the permits meet all other requirements of this Chapter.

(b)

Subdivision After Effective Date. No lot may be subdivided or reduced in size in such a way that it would be or become nonconforming, or cause any structure, lot space, or use to be or become nonconforming. No permit shall be issued for any property or lot created by such a subdivision or reduction in violation of this subsection; however, this subsection shall not apply to the sale, conveyance, transfer, disposition, division, or dedication of property to the City, accepted by the City, for the purpose of providing land for public use (e.g., parks, open spaces, trails, rights-of-way, or drainage facilities).

(Ord. 7, §1, 2019)

No existing building shall be deemed nonconforming because its parking lot or required parking lot landscaping area does not meet the requirements of this Chapter; however, in the event that building additions or site improvements requiring a building permit and resulting in an increase in the number of required parking spaces, are made after the effective date of this Chapter, the entire site must be brought into compliance with Article IV, Division 1, Parking and Circulation and Article IV, Division 3, Landscaping and Tree Preservation, in conjunction with the building additions or site improvements.

(Ord. 7, §1, 2019)

(a)

Generally. A short-term rental that was certified as a nonconforming use pursuant to Section 7 of Ordinance No. 4 (2015) (formerly codified as Section 16-14-90, Cherry Hills Village Municipal Code), may continue as a "nonconforming short-term rental," subject to the provisions of subsection (b), below, provided that the owner timely brought the subject property into compliance with City codes as required by Ordinance No. 4, and an annual short-term rental license has been continuously maintained since City certification of the nonconforming short-term rental.

(b)

Annual License Requirements. An annual short-term rental license issued by the City is required to operate a nonconforming short term rental. The following licensing requirements shall be met as a condition of license issuance and continued operation of a certified non-conforming short term rental property within the City:

(1)

Unless otherwise further limited in the certification of the nonconforming short-term rental, the maximum number of overnight occupants for any short-term rental period allowed shall not exceed the number of occupants that can be accommodated by the available off-street parking and shall not exceed two (2) occupants per bedroom, up to a maximum of ten (10) occupants in total.

(2)

All parking shall be provided off-street on a paved driveway or in a garage. There shall be a minimum of one (1) parking space per bedroom.

(3)

Notwithstanding any provision to the contrary in the City building code, single family dwellings used for short term rentals shall be considered a "Residential Group R-3 Boarding House" occupancy due to the transient nature of occupancy, and shall be subject to applicable building code regulations adopted by the City, as may be amended.

(4)

The structure and the property shall be brought into and maintained in compliance with the standards for Residential Group R-3 Boarding House occupancy under the International Building Code, as adopted by the City, except that Chapter 13, entitled Energy Efficiency, Chapter 14, entitled Exterior Walls, and Chapter 16, entitled Structural Design, of the International Building Code shall not apply, as a condition of issuance of a license to operate a legal non-conforming short term rental use. Such matters shall be subject to the International Existing Building Code, as amended by Chapter 18, Cherry Hills Village Municipal Code.

(5)

Short term rental properties shall not be altered to change the residential character or outside appearance of the property or building through the use of paint colors, materials, signage, or lighting, or by the addition or alteration of accessory structures, recreational structures/uses, or garages.

(6)

Short term rentals shall have a designated local property manager that resides or is physically located within sixty (60) miles of the short-term rental property, and is available by phone twenty-four (24) hours per day to respond to tenant and neighborhood questions and concerns. The owner is required to provide to the City updated contact information of the local property manager, including address and telephone number.

(7)

Short term rental licenses are conditioned upon compliance with all applicable City ordinances and regulations including but not limited to zoning, noise, nuisance, lighting, and building codes.

(c)

Inspections and Documentation.

(1)

By operating short term rentals of a single-family dwelling unit, the owner agrees to authorize, at a minimum, annual on-site inspections by appropriate building, fire and zoning officials to ensure compliance with these licensing requirements.

(2)

The owner of the non-conforming short term rental shall provide the City with a copy of each short term rental lease at least five (5) business days in advance of the rental period.

(3)

Prior to occupancy of each short-term rental of a single-family dwelling, the owner shall provide to the Community Development Department the name and home address of each occupant and relation of each occupant in order to confirm compliance with the City's definition of single family. Prior to occupancy, the owner shall also provide to the City a written acknowledgment signed by the primary adult occupant of the short term rental that such occupant:

a.

Is legally responsible for compliance by of all occupants of the short term rental or their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the property;

b.

Shall cooperate with City officials to determine compliance with this section; and

c.

Shall provide identification of all occupants upon reasonable request of any City official.

(4)

The owner shall provide the City with evidence of payment of all applicable taxes and fees, including any applicable state tax, for each period of short term rental use.

(d)

Licensing Fees; Revocation. Application and licensing fees shall be set forth by City Council resolution. In accordance with the procedures set forth in Article I, Chapter 6, Cherry Hills Village Municipal Code, the City may revoke a short term rental license if the owner, operator, tenants, or guests of a short-term rental property violate any provision of this Code or these licensing requirements. If a license is revoked, an owner or operator may not apply for a new license.

(Ord. 7, §1, 2019)

(a)

Generally. Except as provided in this Section, a nonconforming sign in any zoning district may be maintained, so long as such sign is kept in a state of good repair and is not relocated, replaced, or structurally altered.

(b)

Destruction; Damage; Restoration.

(1)

Any legally nonconforming sign that is destroyed by fire or any other inadvertent, accidental, or otherwise uncontrollable cause to the extent that more than seventy-five percent (75%) of its replacement cost on the date of destruction may not be reconstructed except as a conforming sign.

(2)

Any sign that is destroyed by fire or any other inadvertent, accidental, or otherwise uncontrollable cause to the extent that less than seventy-five percent (75%) of its replacement cost on the date of destruction may be reconstructed, but not so as to expand the area or number of faces of the original sign.

(c)

End of Useful Life. Any sign that has reached the end of its economic and/or useful life which is to be replaced voluntarily by the property or sign owner shall be replaced in a manner consistent with the provisions of Article III, Division 3, Signs.

(Ord. 7, §1, 2019)

(a)

Generally. Nonconforming uses may be maintained and continued, provided there is no expansion in the area or volume occupied or devoted to the nonconforming use, and no increase in intensity of the nonconforming use, except as provided in this Section.

(b)

Alterations.

(1)

Generally. No building or structure, conforming or nonconforming, that contains or encloses a nonconforming use shall be structurally altered or expanded in any way that would increase the degree or area or intensity of the nonconforming use.

(2)

Exceptions. The following changes or alterations may be made to a structure, conforming or nonconforming, containing or enclosing a nonconforming use:

a.

Repair to a structure that is ordered by any authorized public official to make it safe;

b.

Maintenance repairs needed to keep the structure in good condition; and

c.

Any structural alteration that would reduce the degree or area of the nonconforming use or that would change the use to a conforming one (1).

(c)

Damage or Destruction. Any building or structure that contains or encloses a nonconforming use and that is destroyed by fire or any other cause to the extent of more than seventy-five percent (75%) of its replacement cost on the date of destruction may not be reconstructed except as a conforming building or structure containing or enclosing a conforming use. If less than seventy-five percent (75%) of the replacement cost of a structure containing a nonconforming use, or any portion of a nonconforming structure, is destroyed, the structure may be reconstructed, but not so as to extend or expand the nonconforming use or the nonconforming portion of the nonconforming building or structure.

(d)

Conversion. A nonconforming use shall not be changed to another nonconforming use.

(e)

Discontinuance of Use. No land or structure or portion thereof used in whole or in part for a nonconforming use that remains idle or unused for a continuous period of six (6) months, whether or not any equipment, fixtures, improvements, or facilities are maintained, shall again be used except in conformity with the regulations of the zoning district in which such land or structure is located.

(Ord. 7, §1, 2019)