Council okays limited replacement of nonconforming fences along state highways and amends fee schedule

Cherry Hills Village adopted on second and final reading an ordinance (Council Bill 4, Series 2026) permitting the replacement of legally nonconforming fences adjacent to state highways for a three‑year period, so long as replacements do not exceed the existing fence’s height or opacity or reduce existing setbacks. Separately, the council approved an amendment to the fee schedule that reduces the permit fee for those fence permits from the standard 1% of valuation to 0.5% of valuation during the three‑year window.

Community Development Director Paul Workman said the three‑year timeframe applies to permit issuance — projects with permits issued within that period may proceed under the relaxed standard. Councilor Susan Maguire sought and received that clarification. Workman said staff will notify affected property owners if the fee reduction is approved.

Mayor Katy Brown expressed reservations about offering a financial incentive to a narrowly defined group of property owners, noting dilapidated fences elsewhere in the Village. Councilor Robert Eber said he had previously opposed adding an economic incentive to regulatory relief but did not block the motion. The council approved the ordinance and the fee schedule amendment; the minutes record the Council’s votes as six ayes, zero nays and state the motions carried.

The fee schedule change also included other adjustments: Clerk Laura Gillespie recommended eliminating the per‑guard fee for security guard licenses (setting that component to $0) because companies now self‑certify background checks, removing a staff activity that previously justified the charge.