The ordinance herein codified shall be known as and may be sited and referred to as the "zoning ordinance of the City of Black Hawk, Colorado." (Ord. 94-11 §1, 1994)

The ordinance herein codified is drawn in accordance with the City's 1993 Comprehensive Plan, Adopted Plans for Specific Areas and the Design Standards for the City of Black Hawk developed for this National Landmark District. The ordinance is designed to promote the health and general welfare of the citizens of Black Hawk as well as visitors to the City; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to ensure compatibility between the residential, commercial and gaming uses within the City; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to promote energy conservation and the use of solar energy; to lessen congestion in the streets; and to ensure that citizens and visitors alike are safe from fire, flood waters and other dangers. The ordinance herein codified is drawn with reasonable and able consideration, among other things, as to the character of each zone district and its particular suitability for specific uses and with due recognition of the importance of conserving the value of buildings and property and encouraging the most appropriate uses of land throughout the City.

(Ord. 94-11 §1, 1994)

The ordinance herein codified is adopted pursuant to the authority of the City Charter.

(Ord. 94-11 §1, 1994)

Provisions of this Chapter shall be effective within the corporate boundaries of the City.

(Ord. 94-11 §1, 1994)

The provisions in this Chapter were originally adopted on May 7, 1991 (May 1991 ordinance). A comprehensive revision of the ordinance herein codified was adopted on April 13, 1994, to implement the update of the City's Comprehensive Plan, adopted by Resolution #93-10.

(Ord. 94-11 §1, 1994)

To the extent that the provisions of this Chapter are the same in substance as the previously adopted provisions that they replace in the City's zoning, Historic Preservation Commission and floodplain ordinances, they shall be considered as continuations thereof and not as new enactments, unless otherwise specifically provided. Any situation that did not constitute a lawful, nonconforming situation under a previously adopted zoning ordinance does not achieve lawful nonconforming status under this Chapter merely by the repeal of the previously adopted ordinances.

(Ord. 94-11 §1, 1994; Ord. 2009-13 §2)

It is the intent of the Board of Aldermen that this Chapter implement the planning policies adopted by the Board of Aldermen as reflected in the Comprehensive Plan and other related plans and planning documents. While the Board of Aldermen reaffirms its commitment that this Chapter and any amendment to it be in conformity with the adopted planning policies, the Board of Aldermen hereby expresses its intent that neither this Chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(Ord. 94-11 §1, 1994)

Should any section or provision of this Chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

(Ord. 94-11 §1, 1994)

Except as hereinafter provided:

(1)

No building or structure shall be erected and no existing building or structure shall be moved, altered or extended, nor shall any land, building or structure be used for any purpose or for any manner other than as provided for among the uses hereinafter listed in the district regulations for the zone district in which such land, building or structure is located.

(2)

No building or structure shall be erected nor shall any existing building or structure be moved, altered or extended nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the dimensional regulations, district development standards and supplementary regulations or other provisions hereinafter provided in the district regulations for the district in which such building, structure or open space is located.

(3)

No yard, setback, frontage or other open space on one (1) lot shall be considered as providing a yard, setback, frontage or open space for a building on any other lot for the purpose of complying with the provisions of this Chapter.

(Ord. 94-11 §1, 1994)

(a)

In the application and interpretation of the provisions of this Chapter, the provisions of this Chapter shall be held to be the minimum requirements. Where regulations for any overlay, zoning district or specific regulations of a particular zoning district or general regulations of this Chapter differ for a specific condition, the more restrictive shall apply, except as approved and documented within a Planned Unit Development.

(b)

This Chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or with existing provisions of private agreements. Where this Chapter imposes a lesser restriction than that imposed by such existing provisions of law, contract or deed, the provisions of such law, contract or deed shall control.

(c)

The Planning Director or authorized representative shall be charged with the clarification of the intent of all provisions of this Chapter.

(Ord. 94-11 §1, 1994)