This Chapter establishes and explains the processes, procedures, fees and submittal requirements for site plans, special review use permits, historic and architectural review, planned unit development, rezoning and amendments to the Zoning Ordinance, variances, nonconforming uses, structures and lots, notice of public hearings and appeals, and site development standards and procedures for establishing vested rights. All applications submitted under this Chapter shall be signed by the applicant and shall certify that the applicant has reviewed this Chapter and the application complies with the requirements of this Chapter.

(Ord. 94-11 §1; Ord. 98-5 §1; Ord. 98-60 §2)

(a)

These site development standards are intended to enhance and protect the area's natural, as well as man-made environments. This Section also defines a site specific development plan to implement Article 68 of Title 24, C.R.S. No vested property rights shall be created in the City except by compliance with this Section and Section 16-139(e) of this Code.

(b)

General requirements.

(1)

Site development regulations shall apply to all areas within the City that are in accordance with at least one (1) of the following:

a.

All uses located within the following zone districts:

CG - Core Gaming
MG - Millsite Gaming
TG - Transitional Gaming
HD - Hillside Development-Mixed Use
LM - Low Intensity-Mixed Use
C/BS - Commercial/Business Services
LI - Limited Industrial
HAO - Historic and Architectural Review Overlay District
FPO - Floodplain Overlay District

b.

All uses allowed in the PUD Planned Unit Development zone district with the exception of those uses relating to a single-family detached type of development with less than four (4) residential units. The Board of Aldermen may find that certain single-family detached development sites with less than four (4) units may be required to submit a site development plan for review based upon, but not limited to, unique topological features, proximity to environmentally sensitive areas or proximity to open space or park lands.

c.

Uses which are located or to be located within any other zone district which are specifically made subject to this Chapter by the Board of Aldermen

d.

Uses which are located or to be located on property within any other zone district, and the owner or developer of the property requests an application of these site development plan requirements, subject to this Chapter.

(2)

No building permit for any use described in Subsections (b)(1)a., b. and c. shall be issued for the construction of any new building, structure or improvement to the site, any alteration or reconstruction of or addition to any improvement, without first obtaining the approval of a site development plan for the proposed use. No application for a site plan shall be accepted until all of the real property that is the subject of the application has been platted as one (1) lot.

(3)

No excavation permit for any use described in Subsections (b)(1)a, b and c shall be issued for any grading or earth movement of any type, unless exempted from Chapter 18, Article XII of this Code without first obtaining the approval of a site development plan for the proposed use.

(4)

Unless specifically authorized by the Board of Aldermen, no overlot grading, drainage work, parking lot construction or other site improvements will be allowed without first obtaining approval of a site development plan for the proposed use.

(5)

The site development standards outlined by this Chapter apply throughout the zone districts and uses outlined in Subsection (b)(1). These standards are in addition to any other development or design standard which may otherwise be applicable to a particular property or specific area within the City. In the case of any perceived conflict among applicable development standards, the more restrictive standard will apply.

(6)

No site development plan will be approved unless all components of the proposed development comply with the Black Hawk Zoning and Subdivision Ordinances and all other applicable ordinances.

(7)

Consideration of a site development plan application by the City may occur concurrently with any other land use approvals by the City.

(8)

No vested rights shall be created except by a site specific development plan approved by the Board of Aldermen. If the applicant wishes the approval of the site development plan to create vested property rights pursuant to Article 68 of Title 24, C.R.S., the plan shall include a statement that it is being submitted for designation as a site specific development plan. Failure to include such statement or to comply with any other condition of this Chapter regarding site specific development plans shall result in no vested property rights being created by the approval of the site development plan. Notwithstanding anything herein to the contrary, vested property rights may be created by a development agreement between the City and the applicant or landowner.

(c)

Application and site development plan submittal requirements.

(1)

Each request for site development plan approval shall be accompanied by one (1) copy of the complete application form, fifteen (15) copies of the proposed site development plan with related information, three (3) copies of the architectural renderings of any buildings or structures and an application fee (applicant's package). Such plans shall be prepared by a qualified professional architect, or engineer. The fee will be the same as provided in Section 16-370 of this Chapter. If the plan is to serve as the site specific development plan for creation of a vested right, the plan shall be so marked and the fee for such designation shall be submitted with the applicant's package.

(2)

The applicant's package will be submitted to the Planning Director. The applicant shall sign a transmittal letter describing the contents of the package.

(3)

The proposed site development plan shall be prepared by a qualified professional (architect, landscape architect or engineer) and drawn on one (1) or more sheets of paper measuring twenty-four (24) by thirty-six (36) inches with a minimum scale of one (1) inch equals fifty (50) feet unless a different scale or size of paper is approved by the Planning Director. Each site development plan will be signed by the applicant.

(4)

The site development plan described in Subsection (b)(1) shall contain the following information:

a.

Date of preparation.

b.

North arrow with written and graphic scale.

c.

Vicinity map showing the relationship of the site to the surrounding area within a one-half-mile radius.

d.

Listings of the gross acreage, lot acreage and net acreage of each proposed use, as well as the number of dwelling units (when applicable) and the number of buildings and gross floor area (when applicable).

e.

Listings of the number of all parking stalls, as well as indicating number of compact car and handicap parking spaces.

f.

The existing grading and drainage information on the site drawn at five-foot intervals and related to United States Geological Survey (USGS) datum, as well as finished grades and contours proposed by the applicant.

g.

The size and location of all existing and proposed public and private utility and emergency easements or other rights-of-way.

h.

The building envelope, size, setback dimensions and height of all proposed structures and all existing structures which are to be retained on the site.

i.

Location, dimensions and names of adjacent streets and proposed internal streets showing center line radii and curb return radii. Location and dimensions of bike/pedestrian paths and walkways shall be shown.

j.

The proposed layout of the parking lot, including location and dimensions of parking spaces, curb islands, internal planter strips, maneuvering aisles, location and dimension of on-site vendor delivery areas and access driveways with indication of direction of travel.

k.

Location of all exterior lighting, signage and fencing used to divide properties and to screen mechanical equipment and trash receptacles.

l.

The existence of any specific historic and physical features on the site, including drainage ways, lakes, buildings and structures. The site development plan must indicate which physical features will be retained. The location of adjacent properties and their physical features within fifty (50) feet of the property line shall be identified, including setback dimensions of adjacent structures.

m.

The location of all existing trees greater than three-inch caliper and the trees that will be retained, the location and dimensions of landscaped areas, location and names of all proposed plant material and ground cover and the location of other pertinent landscape features.

n.

Location of all existing and proposed recreational amenities such as open play areas, swimming pools, tennis courts, tot lots and similar facilities.

o.

A survey that is certified by a surveyor who is registered in the State.

p.

Traffic impact study as specified by the Public Works Department.

q.

Environment report as specified by the Public Works Department.

r.

Soils report as specified by the Public Works Department.

(5)

The applicant's package shall also include the following which may be designated on the site development plan or accompanying documents:

a.

A metes and bounds description of the property verified and signed by a registered land surveyor in the State. If the site is on a portion of land that has an existing recorded plan, a legal description referencing lot, block and subdivision name will be sufficient.

b.

Proof of ownership of the property.

c.

A narrative statement describing the general proposal, applicant's name, present zoning and the intended use of the property. Also included in this narrative should be the general development schedule and phasing plan when the project is not constructed at one (1) time. When applicable a statement of maintenance responsibility shall be included in the narrative for all improvements shown on the site development plan.

d.

A narrative description of all structures on the property of historical, architectural or geographic significance, the intended use of such structures and how such structures are to be incorporated into new construction.

e.

A description of all other approvals for the development of the property applied for or necessary from the City or any other applicable entity including, but not limited to, conditional use permits, special use permits, geotechnical or environmental investigation and the date such approvals were or are to be requested.

f.

When applicable, a copy of the executed covenants.

g.

When applicable, a copy of the approved PUD ordinance and PUD plan and exhibits for the property under review.

h.

Additionally, the applicant shall provide any reasonable information not covered in Subsections (b)(4) and (b)(5) to aid in the review of the site development plan including, but not limited to, traffic studies and soil information.

(6)

The architectural renderings of the proposed building or structures, drawn on twenty-four-by-thirty-six-inch paper, shall be submitted to the Planning Director. These renderings shall include:

a.

Front, rear and side elevations accurately depicting the finished building or structure on the site. Perspective renderings showing the building in one (1) or more oblique angles, scale models, photographs of similar structures or other similar techniques may be submitted if authorized by the Planning Director;

b.

All exterior surfacing materials and colors;

c.

Outdoor lighting, furnishings and architectural accents;

d.

Any proposed signage for the site and its placement in relationship to the building or structure.

(d)

Landscaping requirements.

(1)

Each request for a site development plan approval shall be accompanied by a landscape plan. The owner or the owner's successor and assign shall maintain the landscape plan as originally approved. A financial guarantee in the form of cash or letter of credit to cover replacement of plant materials that die within one (1) year from the issuance of a certificate of occupancy (C.O.) shall be required prior to issuance of a C.O.

(2)

The owner of the property shall be responsible for maintaining all landscaping installed in accordance with the landscape plan. In the event the owner does not maintain such landscaping, after thirty (30) days' written notice to the owner, the City may replace dead plant materials and otherwise maintain the landscaping and all costs and expenses related thereto shall be made a lien on the property.

(e)

Review procedures and requirements for approval.

(1)

Upon receipt of the applicant's package, the Planning Director will review the package and indicate any deficiency found in the application. Once the application is found to be complete, the review procedure shall begin. The Planning Director shall notify the applicant if the package is complete or if additional documentation is required.

(2)

The Planning Director will have sixty (60) days after the application is found to be complete to review the proposal and make comment on the technical merits of the package. This review includes compliance with all ordinances, including setbacks, building heights, parking and landscape requirements. The Planning Director may contact the applicant, if necessary, during the review period to discuss any modification that may be required. Minor modifications (up to twenty-five percent [25%] of the gross site area) are allowed throughout the entire review process. Major modifications as recommended by the Planning Director may be required to resubmit a new application with the proposed changes.

(3)

After the initial sixty-day review, the Planning Director shall have five (5) working days to prepare a recommendation. This report shall be in the form of a recommendation to the Board of Aldermen, a copy of which shall be made available to the applicant (the "report").

(4)

The Planning Director's recommendation shall become a final decision for any application that is not a site specific development plan and is limited to at-grade parking sites, residential development sites or development sites located outside of the gaming district and not related to a gaming development, fifteen (15) days after the applicant receives the report or the next regular Board of Alderman meeting, whichever occurs last, and the applicant has not filed a written request for review by the Board of Aldermen, or the Board of Alderman has not requested that the Planning Director schedule a public hearing on the application.

(5)

Except as provided in Section 16-362(e)(4), the process for the application before the Board of Aldermen is the same process as specified for a preliminary plat under Section 17-63(c)(5). The Board of Aldermen may deny the application, approve the application with or without conditions or continue the application for additional information.

(6)

If approved, the effective date of the approval shall be the effective date of the resolution approving the site specific development plan. The resolution of the Board of Aldermen approving the site specific development plan shall be accompanied by any terms or conditions imposed on the site specific development plan. If and when the application is approved or conditions for approval have been met, a building permit or an excavation permit may be issued upon the request of the applicant. However, an applicant for an excavation permit must also comply with the requirements to obtain an excavation permit as set forth in Chapter 18, Article XII of this Code. Approval of a site development plan shall be valid for one (1) year after the date of the approval or approval with conditions by the Board of Aldermen, or three (3) years if requested in writing by the applicant, unless otherwise specified in the site development plan or site specific development plan. If the applicant has not obtained permits and commenced development of the property within said time, the approval of the site development plan or site specific development plan shall be rescinded upon written notice to the applicant.

(7)

Each site specific development plan, upon approval by the City, shall contain a statement as follows: "This plan constitutes a site specific development plan as defined in §24-68-101, et seq., C.R.S., and Ordinance No. ______ of the City of Black Hawk." [and, if applicable] "The terms and conditions of such approval are contained in Resolution No. ____ adopted by the City on ________ and available at City Hall, 201 Selak Street, Black Hawk, Colorado." In addition, a notice describing the type and intensity of use proposed, the specific parcel or parcels of property affected, the terms and conditions of any approval and stating that a vested property right pursuant to Article 68 of Title 24, C.R.S., has been created shall be published once, not more than fourteen (14) days after approval of the site specific development plan, in a newspaper of general circulation within the City by the landowner. Failure to publish said notice constitutes a forfeiture of the vested rights.

(f)

Vested property rights procedures and requirements.

(1)

No vested property rights may be created or site specific development plan approved except in compliance with the requirements of this Chapter.

(2)

A property right which is vested as provided herein shall be vested for a period of three (3) years from the date of approval of the site specific development plan upon compliance with all terms and conditions of such approval. This vesting period shall not be extended by any amendments to the site specific development plan, unless expressly authorized in writing by the City.

(3)

Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions or requirements of the City pertaining to the development and use of the property adopted or applicable before or after the approval of a site specific development plan.

(4)

Nothing in this Chapter is intended to create a vested property right, but only to implement the provisions of Section 24-68-101, et seq., C.R.S. In the event of a repeal of said statute or a judicial determination invalidating or declaring unconstitutional part or all of said statute, portions of this Chapter regarding approval of site specific development plans or creation of vested property rights shall be deemed repealed and the provisions hereof no longer effective, or in the event only a portion of said statute is declared void or unconstitutional, then the portion of this Chapter corresponding thereto shall be deemed repealed and no longer effective.

(5)

Nothing herein shall be construed to limit the authority of the City and a landowner to enter into a development agreement vesting property rights in the landowner. Such agreement shall be construed in accordance with the terms and conditions of said agreement and not limited or expanded by the provisions of this Chapter.

(6)

Waiver or forfeiture of vested rights.

a.

Failure to abide by any terms or conditions imposed by the City on the approval of any site specific development plan shall constitute a forfeiture by the landowner of any vested right created by the plan unless otherwise specifically agreed by the City in writing.

b.

Any petition for annexation to the City shall describe all vested property rights approved by any local government in effect at the time of the petition, if any, and be accompanied by all site specific development plans approved by any local government. Failure to so identify any previously approved vested property right and provide all approved site specific development plans shall constitute a waiver of the vested right created by any other local government upon annexation to the City unless specifically provided otherwise in the ordinance of annexation adopted by the City.

c.

The landowner shall be required to include with any plan submitted for approval as a site specific development plan notice of any natural or man-made hazards on or in the immediate vicinity of the subject property which are known to the landowner or could reasonably be discovered at the time of submission of the plan. In the event that a natural or man-made hazard on or in the immediate vicinity of the subject property is discovered subsequent to the approval of a site specific development plan, which hazard would impose a serious threat to the public health, safety and welfare and which hazard was not described in the plan submitted for approval as a site specific development plan and which hazard is not corrected by the landowner, the vested property right created by such site specific development plan shall be forfeited by the landowner.

d.

A site specific development plan submitted by a landowner and approved by the City as provided herein forfeits any creation of, the landowner forfeits any creation of, and the landowner waives his or her right to claim, a vested right by a site specific development plan previously approved by the City or any other local government for the property.

e.

Failure of the landowner to publish the notice required herein constitutes a waiver by the landowner of the vested right created by the approval of the site specific development plan.

(g)

The Planning Director may approve minor modifications of an approved site plan. A minor modification includes cumulative modifications of up to five percent (5%) of the entire gross site area of an approved site plan. Major modifications as determined by the Planning Director are subject to review by the City Council in the same manner as a new site plan in accordance with this Section.

(Ord. 94-11 §1; Ord. 98-5 §§2, 3; Ord. 98-33 §20; Ord. 98-37 §1; Ord. 98-60 §§3, 4; Ord. 98-62 §1; Ord. 99-10 §1; Ord. 2001-15 §§10, 11, 14-16)

(a)

Uses which require a special review use permit are those which may be allowed in the zoning district in which they are listed if it can be demonstrated that the use, in the proposed location, is compatible with the district characteristics, purposes, dimensional regulations and supplementary regulations for the zoning district in which the use is proposed of the zoning purposes of the district, the particular site and the surrounding area. Uses stipulated in this Chapter as requiring a special review use permit shall only be allowed with prior issuance of such permit by the Board of Aldermen as described below.

(b)

Who may apply. Both the owner of the property on which the proposed use will be conducted and the operator of the use for which a special review use permit is required, or their authorized representative, shall be party to the application for a special review use permit.

(c)

Process. The process for obtaining a special review use permit is set forth in Subsection 16-365(e) below and shall be followed in the application for and processing of all requests for a special use permit when required by any zoning district in which a proposed use will be located or other regulation of this Chapter.

(d)

Transferable. Special review use permits allow a particular use for which it is granted to operate on the specific property listed in the permit in accordance with approved plans. A special use permit may be transferred to any other person to operate the same use per the same terms of the permit, upon notification to the Planning Director, but may not be transferred to any other property or building.

(e)

Duration. A special review use permit shall remain in full force and effect as long as the use for which the permit is granted continues or for the term specified on the permit.

(1)

The duration of a special review use permit may be limited to a specific period of time if necessary to insure that the proposed use will meet the purposes of this Chapter and for protection of the public health, safety and welfare.

(2)

A special review use permit shall automatically terminate without any further action by the City under the following circumstances:

a.

The use for which the permit was granted is not established at the approved location within a period of one (1) year from the date the permit was issued.

b.

The use for which the permit was issued is discontinued for a period of one (1) year or longer.

c.

The term for which the permit is issued is expired.

(f)

Suspension of permit. The Planning Director may suspend a special review use permit upon finding that the use, building or site for which the permit was issued violates any conditions of approval applied at the time the permit was issued, or the use established is substantially different than that which was represented in the application. Notice of suspension shall be brought before the Board of Alderman at its next regularly scheduled meeting.

(g)

Specific regulations for fixed guideway transportation systems. These supplemental regulations are to ensure and provide for a viable and attractive alternative mode of transportation for the general public. They are intended to encourage planned and orderly development of the overall transportation system within the City, lessen traffic congestion within the historic center of the City, enhance the pedestrian environment along Main Street and Gregory Street and develop better utilization of remote parking facilities.

(1)

Fixed Guideway Transportation (FGT) systems shall be developed in accordance with the transportation element contained within the Comprehensive Plan.

(2)

FGT systems shall be located in a manner so as not to significantly impact any adjacent developed property with noise, vibration or degraded air quality.

(3)

FGT systems and related accessory uses such as terminals and stations shall be located and designed for maximum public accessibility. Access to these proposed improvements shall be provided for by public easements or rights-of-way and shall be designed to meet the requirements outlined by the Americans with Disabilities Act of 1990.

(4)

A traffic impact assessment shall be required for all FGT submittals under this Section. This assessment shall consider the following:

a.

The impact on vehicle traffic patterns within the City.

b.

The impact on pedestrian volume and patterns in those areas adjacent to terminals and stations.

c.

The impact on the public shuttle operations within the City.

d.

The intended service area or area of benefit in a two-hundred-fifty-foot radius around the proposed terminal or station.

e.

The intended capacity and utilization of such a system in terms of persons served per hour.

f.

Terminal and station area capacities.

g.

Seasonal hours of operation.

h.

Proposed methods for accommodating peak capacities, as well as those times when pedestrian traffic volumes exceed the defined capacity of the system.

i.

Any additional information considered relevant by the Planning Director in order to review the site specific impacts of a proposed FGT.

(5)

FGT corridors shall be designed and engineered in a manner to minimize hillside excavation and the removal of mature vegetation.

(6)

Terminals and stations shall be subject to the certificate of appropriateness procedure required by the HPC.

(7)

These supplemental requirements to the special review use permit are intended to augment the existing rules and procedures required by the Colorado Passenger Tramway Safety Board as provided by Title 25, Article 5, Part 7, C.R.S.

(h)

Specific regulations for residential uses located in Commercial Business Services (C/BS) and the entertainment gaming districts Core, Millsite and Transitional Gaming. These supplemental regulations are to ensure and provide for compatible integration of commercial and residential uses in these commercial districts. These regulations are intended to further establish adequate assurances for both uses, while providing that a residential use will not compromise the underlying permitted uses of the commercial zoning districts. The applicant shall provide information that demonstrates compliance with the following criteria:

(1)

Off-street parking must be provided on site for all residential uses, and designated as residential parking.

(2)

Parking area calculations. If a residential use increases the total required parking to the property in which the residential use is located, additional parking or parking impact fees must be paid in advance of the issuance of a special review use permit or any building related permits.

(3)

The applicant must show that the proposed residential use complies with the Uniform Building Code, the Uniform Fire Code and the National Fire Protection Association requirements for residential uses, including but not limited to emergency exiting plan and residential fire detection requirements.

(4)

Every residential use shall have at minimum a residential bathroom and kitchen, exclusive to that residential unit, that are not common or shared facilities with the principal permitted use.

(5)

The approval of a residential special review use to a building as provided herein shall not cause the principal permitted use to be restricted by hours of operation or by the nature of the permitted uses.

(6)

Residential use cannot exceed more than fifty percent (50%) of the total floor area of the principal building.

(7)

Residential use may occupy an accessory building; however the accessory building may not exceed twenty-five percent (25%) of the total square footage of the principal building and shall be required to maintain separately metered utility services, including but not limited to water and sewer.

(8)

The occupants of the residential use shall not exceed the provision of family as defined in Section 16-24.

(9)

The residential use cannot occupy the first floor elevation of a principal building.

(10)

The residential use shall be considered a permanent use and shall be considered a separate and distinct use from an interim use, commercial accommodations and guest unit, as defined by this Code. As such, a residential use secondary to a principal use shall not include hotels, motels, lodging houses, boarding houses, dormitories and bed and breakfasts.

(Ord. 94-11 §1, 1994; Ord. 2002-42 §4; Ord. 2009-23)

(a)

General provisions.

(1)

The approval of a planned unit development or PUD, constitutes an overlay zone to an existing zoning district to a more flexible PUD zone overlay district. The underlying zone district does not change.

(2)

Each PUD application shall be reviewed and approved, disapproved or conditionally approved by the Board of Aldermen.

(b)

Review and processing procedures. PUDs shall be processed as a zoning district amendment in accordance with Section 16-366.

(c)

Occupancy or use restrictions prior to approval. Notwithstanding the rezoning of an overall area as a PUD, no portion thereof shall be used or occupied otherwise than as was permitted immediately prior to the approval of such rezoning until:

(1)

A final subdivision plat for said portion shall have been approved by the Board of Aldermen as required by Chapter 17 of this Code.

(2)

The proposed use has received a certificate of appropriateness from the HPC under Section 16-327.

(Ord. 94-11 §1; Ord. 98-33 §21; Ord. 2009-23)

(a)

The City may from time to time amend the number, shape or boundaries of any zoning district, the uses permitted within a zoning district, any regulation of or within a zoning district or any other provision of this Chapter.

(b)

All territory annexed to the City shall be zoned in accordance with the zoning classifications established by this Chapter and in accordance with the procedures in this Section for rezoning. All annexed land shall be zoned at the time of annexation as required by this Chapter.

(c)

Planned unit developments as described under Section 16-137 shall be processed as amendments to the Zoning District Map and to the applicable district regulations within said area proposed for development. The zoning districts in a PUD and the subdivision plat of the planned development shall, upon approval by the Board of Aldermen, be incorporated in the Zoning District Map.

(d)

Who may apply.

(1)

A request for an amendment to this Chapter, Zoning Map or special review use permit may be presented to the Board of Aldermen by persons owning real property within the City or residents of the City;

(2)

Owners or residents requesting the addition of a land use into a zoning district in which it is not enumerated in this Chapter or persons appealing a determination of the Planning Director regarding the classification of a use, or pursuing a classification for which the determination of the Planning Director has been appealed, may apply to the Board of Aldermen for consideration of the proposed amendments to the zoning district; or

(3)

An amendment to this Chapter or a rezoning may be initiated by the Board of Aldermen. Any owner or resident may suggest to the Board of Aldermen that an amendment be given consideration.

(e)

Procedure for special review use permits and amending the Zoning Ordinance or the Zoning Map. Amendments to this Chapter or to the Zoning Map or the procurement of a special review use permit shall be processed in the following manner:

(1)

Submittal of application. The applicant must submit to the Planning Department the materials necessary for the application to be heard by the Board of Aldermen. The Planning Department shall have ten (10) days to review the submittal for completeness.

(2)

The Planning Department will send the application out for referrals to various agencies for comment. These agencies will have twenty-five (25) days to respond.

(3)

A hearing is scheduled before the Board of Aldermen as provided in Section 16-369.

(4)

Board of Aldermen hearing. The Board of Aldermen conducts a public hearing to consider the application. Notice of the hearing shall be given as provided in Section 16-369. The Board of Alderman, at the public hearing and after review and discussion of the proposal, shall take one (1) of the following actions:

a.

Approval of the application, without conditions.

b.

Conditional approval of the application, indicating for the record what condition shall be attached to the proposal.

c.

Disapproval of the application, indicating for the record the reason for the recommendation of denial.

(5)

Basis for approval. The Board of Aldermen shall give consideration to and satisfy themselves of the criteria set forth below on land use applications identified in Section 16-361 except subdivisions:

a.

That a need exists for the proposal;

b.

That the proposal is in conformance with the goals and objectives of the Comprehensive Plan;

c.

That there has been an error in the original zoning; or

d.

That there have been significant changes in the area to warrant a zone change;

e.

That adequate circulation exists in the area of the proposal and traffic movement would not be significantly impeded by the development resulting from the proposal; and

f.

That any additional cost for municipal-related services resulting from the proposal will not be incurred by the City.

The criteria set forth in c and d above shall not apply to an application for a special use review permit.

(f)

Protest of the proposed amendment. An amendment shall not become effective except by favorable vote of three-fourths (¾) of all voting members of the Board of Aldermen if a valid protest against the amendment is presented at or prior to the public hearing at which the amendment is heard. A protest is valid only if signed by either:

(1)

The owners of twenty percent (20%) or more of the area of the lots included in such proposed amendment; or

(2)

The owners of twenty percent (20%) or more of the area of those lots located within one hundred (100) feet of the boundary of the area in the proposed amendment, excluding any distance for public rights-of-way.

(Ord. 94-11 §1; Ord. 98-33 §§22—26; Ord. 98-60 §5)

All appeals of decisions and requests for a variance shall be processed as described below.

(1)

Appeals of decisions.

a.

Who may apply. Appeals to the Board of Appeals may be made by any person aggrieved by the inability to obtain a building permit (except where inability to obtain a building permit is due to denial of rezoning application by the Board of Aldermen or by decision of any administrative officer in the City based upon or made in the course of the administration or enforcement of the provisions of this Chapter. Appeals to the Board of Appeals may be made by any officer, department, board or bureau of the City affected by the grant or refusal of the building permit or by other decision of the administrative officer or agency, based on or made in the course of administration or enforcement of this regulation.

b.

Time limit. Appeals to the Board of Appeals must be made in writing and filed with the City Clerk within ten (10) days of the action or decision appealed.

c.

Stay of proceedings. An appeal stays all proceedings and furtherance of the action appealed from unless the officer from whom the appeal is taken certified to the Board of Appeals, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril of life and property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or a court of record on application and on notice to the officer from whom the appeal is taken and on due cause shown.

(2)

Variances. Requests for relief from the regulations and development standards of this Chapter may be taken to the Board of Appeals when the strict application of this Chapter will deprive a property of the privileges enjoyed by other property of the same zoning classification in the same zoning district because of special circumstances applicable to a property, including its size, shape, topography, location or surrounding.

(3)

Hearing. Hearings of the Board of Appeals shall commence no later than the next regularly scheduled meeting following the completion of required notice procedure. The Board of Appeals may continue a hearing as may be necessary to obtain necessary information and make its decision. Public hearings shall be conducted in the manner provided in this Code.

(4)

Decision of the Board of Appeals.

a.

After a public hearing, the Board of Appeals may modify the application of the regulations or provisions of this Chapter relating to the construction or alteration of buildings or structures or uses of land if the Board of Appeals finds that all of the following exist:

1.

Due to exceptional and extraordinary circumstances unique to the property or structure for which the variance is sought, the strict enforcement of the provisions of this Chapter would cause an unnecessary hardship to the applicant;

2.

The circumstances causing the unnecessary hardship were not created by an owner or user of the property or by the applicant for the variance;

3.

The hardship is not established on the basis of lack of knowledge of the restrictions upon constructing or altering a structure; nor by the purchasing of a property without knowledge of applicable restrictions; nor by showing that greater profit would result if the variance were granted;

4.

The circumstances causing the unnecessary hardship are particular to the land or structure for which the variance is sought and do not apply generally to land and buildings in the zoning district in which the property is located;

5.

The variance requested is the minimum deviation from this Chapter necessary to allow the same and no greater use as that allowed of other land or structures in the same zoning district;

6.

The granting of the variance will not injure the appropriate use of adjacent conforming properties, will not impair an adequate supply of light and air, will not impair the view from adjacent property and will not substantially diminish or impair property values within the surrounding area;

7.

The granting of the variance will be consistent with the spirit, purpose and intent of this Chapter and will not create a situation which alters the character of the area surrounding the property for which the variance is granted;

8.

The granting of the variance will secure and in no way diminish the public safety and welfare; nor impair prevention of or increase risk of fire, flood, traffic congestion or other hazard;

9.

The granting of the variance is necessary to cause substantial justice to be done; and

10.

The granting of the variance will not allow uses or densities not permitted in the zoning district in which it is granted nor allow the expansion or establishment of a nonconforming use.

b.

In granting a variance, the Board of Appeals may prescribe any safeguard that it deems necessary to secure substantially the objectives of the regulations or provisions to which the variance applies and may impose such conditions on the use of the property for which the variance is sought as are consistent with the purposes of this Chapter. If such safeguards or conditions are imposed, the variance shall not become effective until the owner of the property and the applicant agree to abide by such conditions.

(5)

Not transferable. Each variance shall apply specifically to the property or structure described in the approval and shall not be transferable to any other property or structure.

(6)

Duration. Unless limited by its terms, a variance shall remain in full force and effect as long as the use for which the variance is sought continues. However:

a.

Failure to apply for a building permit to carry out the work or failure to begin the use involved in the variance, within one (1) year from the date the variance was granted, shall constitute abandonment of the variance.

b.

Discontinuance of the use for which the variance was granted for a period of one (1) year or more shall constitute abandonment of the variance.

c.

Upon abandonment, the variance shall automatically cease to exist with no further action by the Board of Appeals.

(Ord. 94-11 §1, 1994; Ord. 96-9 §1; Ord. 2009-13 §1)

(a)

Purpose. The purpose of these provisions shall govern the use and improvement of a nonconforming lot and the modification, expansion, reconstruction, alteration, abandonment and continued occupancy of a nonconforming structure.

(b)

Nonconforming uses.

(1)

Any use of a building, sign or land lawfully existing at the time of the enactment of this Chapter which does not conform to the regulations of the zoning district in which it is located or with the applicable development standards of this Chapter is a nonconforming use.

(2)

The continuance, modification, expansion, improvement or abandonment of all nonconforming uses shall strictly comply with the regulations set forth below in this Section, in addition to all other applicable regulations of this Chapter and the City's building code.

(3)

The continuation of existing legal nonconforming uses shall be subject to the following conditions:

a.

If a legal nonconforming use exists as of the effective date of the ordinance codified herein, such use may be continued in accordance with the provisions of this Section.

b.

Mobile homes not meeting the definition of "manufactured home" may continue to be used as a residential dwelling after the effective date of the ordinance codified herein, unless abandoned as a dwelling for a period of six (6) months or more.

(4)

The expansion of a use not permitted in the zoning district in which it is located shall be subject to the following conditions:

a.

Any expansion of a nonconforming use in a conforming structure requires a conditional use permit from the Planning Director and shall meet the following criteria:

1.

All expansion of the nonconforming use in a conforming structure shall be confined to and conducted wholly within the structure or portion thereof which is in existence as of the effective date of the ordinance codified herein.

2.

The total cumulative area of all expansions of the nonconforming use occurring after the effective date of the ordinance codified herein shall not increase the gross floor area of the nonconforming use by more than twenty percent (20%) above that in existence prior to the effective date of the ordinance codified herein, except for existing residential structures expanded within conforming setbacks not resulting in more units than permitted by the zoning district in which such residential use is located.

3.

All new site improvements necessitated by an expansion shall comply with the development standards of the zoning district in which the use is located or governing the use, whichever is more restrictive.

4.

The total number of parking spaces required by this Chapter for the area of any expansion must be provided in accordance with the parking standards set forth in this Code.

b.

Expansion of a nonconforming use in a nonconforming structure shall not be permitted.

(5)

Change of a use not permitted in a zoning district in which it is located to any use permitted in the applicable zoning district is allowed in accordance with the following conditions:

a.

The change shall not create any additional nonconforming situations nor increase the extent of nonconformance.

b.

Any new improvements, other than maintenance of existing facilities, necessitated by the change in use shall conform with all applicable regulations of the zoning district in which it is located. Existing site improvements which do not conform to the applicable regulations of the zoning district are not required to be brought into compliance except as required in Subparagraph d below or in other applicable parts of this Section.

c.

Any expansion involved with the change in use shall comply with the applicable regulations of this Section.

d.

New uses which require a special use permit shall be allowed only if all proposed and existing improvements, other than existing nonconforming structures, will comply with all applicable regulations and development standards of the zoning district in which the use is located as specified in this Chapter.

(6)

Any use which is not allowed in the zoning district in which it is located and which is discontinued for a period of six (6) months or more shall be deemed abandoned and such nonconforming use shall not be renewed.

(c)

Nonconforming structures.

(1)

Allnonconforming structures shall comply with the provisions of the International Building Code and with all other provisions of this Code not inconsistent herewith.

(2)

The continued use of any structure shall be subject to the following conditions:

a.

Continued use of a nonconforming structure is allowed if the structure is nonconforming as of the effective date of this Code.

b.

If use of a nonconforming structure is ancillary to the primary use on the site, changing the use in the nonconforming structure to any primary use allowed in the zoning district would be considered an increase in intensity of the nonconformance and would not be permitted unless a variance was granted for the nonconforming structure.

(3)

Expansion by increasing the size of the exterior of a nonconforming structure is allowed if the expansion does not increase the extent nor the intensity of nonconformance, and does not expand or create a nonconforming use. Without limiting the foregoing:

a.

If the structure exceeds applicable lot coverage requirements, expansion shall not be allowed.

b.

If the structure is located on a lot which does not meet the minimum lot area required in the applicable zoning district, expansion may be allowed if it can be accomplished in compliance with all other regulations of this Chapter applicable to the use including but not limited to: setback, lot coverage and site development standards.

c.

If the structure is located on a lot and encroaches in a required setback area, expansion of the structure may be allowed only to the extent that the expansion does not encroach into required setback or yard areas.

d.

If the structure's height is nonconforming, expansion is allowed if the expansion does not create any other nonconforming condition and if the newly constructed portion does not exceed applicable height limitations.

e.

If the required number of off-street parking spaces is provided for the proposed expansion in accordance with this Chapter and Section 16-263.

(d)

Alteration, repairs or replacement.

(1)

All interior remodeling or any alteration wholly within a nonconforming structure is allowed if the external configuration of the structure is not changed, provided that such alteration does not create any nonconforming use or situations nor increase the intensity of the nonconformance per Section 16-366(b) within this Section and all other applicable regulations of this Section and the Chapter are met.

(2)

Ordinary repairs and maintenance of a nonconforming structure shall be allowed and are encouraged.

(3)

Any nonconforming structure extensively damaged by sudden destruction beyond the control of the user or by fire may be reconstructed or replaced if such destruction does not exceed seventy percent (70%) of the total structure (as determined by the Chief Building Official). Such reconstruction shall occur on the same lot and with the same external configuration, only if all other provisions of this Chapter and of this Code are met and appropriate variances are granted regarding the external configuration of the structure. Prior to the granting of said variance, it shall be demonstrated that reconstructing the structure in accordance with the provisions of this Chapter would deprive the owner use of the property in a manner which is equitable to other uses in the same zoning district.

(4)

Alterations or remodeling of a nonconforming structure which changes the use of the nonconforming structure from an ancillary use to a use similar to the primary use shall not be permitted unless a variance is obtained for the structure.

(e)

Nonconforming site or lot. Any use in existence at the time of the effective date of the ordinance codified herein on a lot which does not conform with the development standards of the zoning district in which it is located shall be allowed to be continued, provided that the use is not discontinued for a period of six (6) months or more, in which case the use shall be deemed abandoned and such use shall not be renewed except in conformance with all applicable City regulations.

(f)

Nonconforming parking. Any parking spaces and/or access to public rights-of-way lawfully existing on the effective date of this Code which do not conform to the parking requirements, development standards and access standards of this Chapter are nonconforming and may continue to be used subject to the following:

(1)

Expansion of any conforming or nonconforming use or structure shall not be permitted unless the total number of parking spaces provided for any proposed expansions on the site is provided as stipulated in the parking standards set forth in this Chapter.

(2)

Any change or cumulative changes of use in a nonresidential district which increases the total number of required parking spaces by more than twenty percent (20%) above that which is required by the uses existing at the time of adoption of this Chapter shall necessitate the provision of the total number of parking spaces required for all uses. Except that a principal use on a lot in any gaming district shall be permitted five (5) gaming devices without being required to provide parking for those devices, regardless of the percentage of floor area of the structure occupied by those five (5) devices and regardless of the percentage of total parking required by those devices. However, if any number more than five (5) gaming devices are installed on a site in the gaming district, the previous requirement shall apply and parking for all uses on the site, including the five (5) gaming devices previously mentioned, shall be considered in the calculation of required parking.

(3)

Nonconforming parking shall not be expanded or enlarged. When additional parking spaces are necessitated by expansion, modification, change in use or by new uses, all new parking areas shall comply with the development standards of this Chapter and the access to the lot from public rights-of-way, including access to existing parking areas, shall be brought into compliance with this Chapter and other standards adopted by the City.

(4)

When any addition to or enlargement of an existing building or use, or a change in use increases the building or the developed area of the use or the parking requirements of the building or structure, the parking requirements of this Chapter must be met. Moreover, if the addition, enlargement or change in use increases the building or the developed area of the use, or the required parking by twenty percent (20%) or more in a nonresidential district or thirty percent (30%) or more in a residential district, then parking for the entire building shall be brought into conformance with all requirements of this Chapter, including required number of spaces, access, landscaping, lighting, screening and other applicable standards. However, the requirement set forth above shall not apply if the owner in a residential district can demonstrate that his or her property is used exclusively for one (1) single-family dwelling unit. Once the owner of a dwelling in a residential district is granted a conditional or special use permit he or she must immediately comply with this Chapter.

(5)

Subject to permits and requirements of the State Highway Access Code.

(Ord. 94-11 §1, 1994; Ord. 2018-2 §6)

(a)

Purpose and application.

(1)

This Section does not apply to any locally designated historic structures which are regulated by the Historic Preservation Commission under Article XIX, Chapter 16, of this Code.

(2)

This Section applies to all structures and properties within the City that are not locally designated historic structures.

(3)

Any person seeking to modify the exterior of, add to, or construct a new building shall be subject to the following procedures. Any such renovation, construction or demolition shall be subject to the City's design standards.

(4)

The requirements of this Section are in addition to all other land use and zoning requirements of the City. Before the City Council may review any application under this Section, the applicant must first receive all necessary zoning approvals.

(5)

The City shall not issue a building permit or site development plan for any of the following activities until a Certificate of Architectural Compatibility ("COAC") has been issued for the project.

a.

Construction of a new building, structure or improvement;

b.

Alteration or reconstruction of, or addition to, the exterior of any improvement;

c.

Demolition of any improvement;

d.

Construction or erection of or addition to any improvement upon any land located within the City; or

e.

Excavation requiring an excavation permit.

(6)

For a building permit application, if a COAC for the project has been denied, the Chief Building Official shall deny the application for a building permit for the project. If a COAC for the project has been issued, the building permit shall be subject to the terms and conditions of the approved COAC in addition to any other terms and conditions imposed by the City. For the purposes of the issuance of a building permit, a COAC is valid for six (6) months after the date it is issued.

(b)

Definitions. As used in this Section, the following terms have the following meanings:

(1)

Certificate of Appropriateness (COA) means the certificate pursuant to Article XIX of Chapter 16 of this Code affecting a locally designated historic landmark, issued by the Historic Preservation Commission, and ratified by City Council.

(2)

Certificate of Architectural Compatibility (COAC) means the certificate issued pursuant to this Section affecting property in the City that has not been locally designated as a historic landmark.

(3)

Major work means proposed work involving a change in the appearance and attributes of a structure or site; alterations, additions, or removals that are substantial; a change in the appearance and attributes of a structure or site; rehabilitation, preservation, new construction, expansion of or significant improvement to a building footprint or significant changes in landscape features; or demolition of a structure.

(4)

Minor work means proposed work that is neither routine maintenance nor major work and includes, without limitation, changes in exterior paint color and roof repairs.

(5)

Routine maintenance means proposed work for the repair or replacement of an existing approved structure where there is no proposed alteration in the design, materials, or general appearance of elements of the structure or grounds.

(c)

When required.

(1)

A COAC is not necessary for routine maintenance.

(2)

A COAC is required for minor work and an application may be reviewed and issued administratively by the City Manager or the City Manager's designee. The City Manager or the City Manager's designee may administratively issue a COAC when the change is minor in nature, or, upon review, the City Manager or the City Manager's designee may determine the application is not appropriate for administrative approval because the proposed work involves alterations, additions, or removals that are substantial, or may not meet the guidelines. If so, the application shall be processed as a major work project and subject to approval by the City Council. In making the administrative determination on a COAC application for minor work, the City Manager or the City Manager's designee shall apply the criteria set forth in Subsections (e)(3) and (e)(4) herein.

(3)

A COAC is required for major work and an application shall be reviewed by the City Council pursuant to Subsections (e)(3) and (e)(4) herein.

(4)

Exceptions. Where the Chief Building Official, the Department of Health, the Fire Department or any other duly authorized officer or agency of the City orders or directs the immediate construction, reconstruction, alteration, repair or demolition of any improvement for the purpose of remedying conditions determined by that department, agency or officer to be imminently dangerous to life, health or property, nothing contained herein shall be construed as making it a violation of this Chapter for any person to comply with such order or directive without receipt of a COAC. Any such department, agency or officer shall give the City Council notice as early as practicable of the proposed or actual issuance of any such order or directive.

(d)

In the event the dangerous condition requires demolition of a building and it is determined by the City Council, after a public hearing as provided in Section 16-369 of this Code, that the dangerous condition was caused by the affirmative act of the owner of the improvement or his or her authorized agent, or the failure of the owner of the improvement or his or her authorized agent to provide minimum improvement maintenance as required herein, the replacement building or structure shall not exceed the height and floor square footage of the demolished building, and the uses of the replacement building or structure shall only be those uses that were permitted for the demolished building or structure prior to the effective date of the constitutional amendment that authorized limited gaming in the City.

(e)

COAC review process.

(1)

Minor work. Pursuant to Subsection (c)(2) herein, applications for a COAC involving only minor work may be administratively reviewed, approved, approved with conditions, or denied using the criteria set forth in Subsection (3) below. An applicant for a COAC for minor work may appeal an administrative decision to the City Council in writing within thirty (30) days of the administrative decision. If timely appealed, the City Council shall apply the appropriate criteria de novo and shall issue a final determination within sixty (60) days.

(2)

Major work. Upon the City's receipt of an application to authorize major work, including, without limitation, an application for the erection, construction, reconstruction, alteration to, demolition of, or improvement to any property described in Subsection (a)(3) herein, the City Council shall designate a time, place and date for a public hearing pursuant to Section 16-369 of this Code. Following the hearing, City Council shall approve, deny, or approve the application with conditions. City Council's decision is the final determination on the application, subject to judicial review.

(3)

Except for applications seeking a COAC for demolition of a structure, which review is controlled by the criteria in subsection (4) below, in considering the issuance of a COAC, the City shall consider the following:

a.

All plans, drawings and photographs as may be submitted by the applicant;

b.

If a public hearing is required, any information presented at a public hearing held concerning the proposed work;

c.

The purpose of this Chapter;

d.

Compliance with this Code and the payment of all fees required by this Code;

e.

The effects of the proposed work upon the protection, enhancement, perpetuation and use of the City which cause it to possess a special character or special historical or aesthetic interest or value; and

f.

Compliance with the City's residential or commercial design standards, as appropriate, including, but not limited to, reference to the historical and architectural style, the general design, arrangement, texture, materials and color of the development, building or structure in question or its appurtenance fixtures; the relationship of such features to similar features of the other buildings within the City the position of the building, structure, park or open space in relation to public rights-of-way and to other buildings and structures in the City.

(4)

In considering the issuance of a COAC to authorize a proposed demolition of a structure, the City shall refer the question of demolition to the City's Historic Preservation Commission for a recommendation only on structures that are over fifty (50) years old, and the City Council and the Historic Preservation Commission, as applicable, shall consider the following:

a.

All plans, drawings and photographs as may be submitted by the applicant;

b.

Any information presented at the public hearing held concerning the proposed work;

c.

The purpose of this Chapter;

d.

Compliance with this Code and the payment of all fees required by this Code;

e.

The effects of the proposed work upon the protection, enhancement, perpetuation and use of the City which cause it to possess a special character or special historical or aesthetic interest or value;

f.

Compliance with the City's residential or commercial design standards, as appropriate, including, but not limited to, reference to the historical and architectural style, the general design, arrangement, texture, materials and color of the development, building or structure in question or its appurtenance fixtures; the relationship of such features to similar features of the other buildings within the City, the position of the building, structure, park or open space in relation to public rights-of-way and to other buildings and structures in the City;

g.

Whether the improvement has been maintained as provided in this Chapter; and

h.

Whether the preservation of the improvement is technologically and economically feasible.

(5)

Any applicant for a COAC may appeal a final determination of the City Council related to the COAC to the District Court under Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(f)

Extension of time limits. Any time limits set forth in this Chapter may be extended by mutual consent of the City Council and the applicant.

(g)

Minimum improvement maintenance.

(1)

It shall be unlawful and a public nuisance for any person to own, occupy or to lease, rent or otherwise allow occupancy by others, of any building or structure which, by negligent act or omission, does not comply with the provisions of this Section.

(2)

Every building or structure shall be kept and maintained in good condition and repair, so that:

a.

All foundations, exterior walls, roofs and all appurtenances thereto shall be substantially weathertight and rodent-proof;

b.

All exterior wood surfaces shall be adequately protected from water seepage and decay;

c.

All windows, exterior doors and basement entryways shall be reasonably weathertight, watertight and rodent-proof;

d.

All exterior stairways shall be safe for normal use; and

e.

All runoffs from rain, snow or ice shall drain from all roofs and away from all foundations so to avoid dampness in basements, walls, ceilings and floors and erosion of any exterior walls.

(h)

For the purpose of determining and ensuring compliance with this Section, the Chief Building Official may make inspections to determine compliance with this Section. Any municipal judge of the Municipal Court shall have power and authority to issue search warrants upon a showing of reasonable cause to believe that a building or structure is in violation of the provisions of this Section. It shall be unlawful for any owner or occupant of a building or structure to refuse entry to the premises by an authorized City representative acting pursuant to a duly issued search warrant.

(i)

Whenever the Chief Building Official has discovered conditions of a building or structure which violate the provisions of this Section, such inspector shall notify the owner or occupant of such violation in writing and of the need to correct or abate such violation within a reasonable time. The reasonable time to correct or abate the violation shall be at least sixty (60) days, unless the violation poses an imminent danger for the health, safety or welfare of the occupants or the public, then a shorter time shall be required.

(j)

The written notice of violation shall be served by an authorized City representative by delivering a copy thereof to the owner or occupant of the building or structure described in the notice, and if the building or structure is unoccupied or the owner is a nonresident, then also by mailing a notice to the last known address of the owner as reflected in the County real estate records.

(k)

Any notice issued pursuant to the provisions of this Section to the owner, agent or occupant of a dwelling where a violation has been discovered shall describe the condition or conditions which violate this Section; shall provide reasonable time to correct or abate the noncomplying condition; and shall state that the owner, agent or occupant may protest the findings of the authorized Chief Building Official as stated in the notice by filing a written notice with the City Council within sixty (60) days after the date of the notice.

(l)

Any person affected by a notice issued under this Section who is aggrieved thereby, and who believes the same to be factually or legally contrary to this Section, may protest the notice in writing to the City Council within sixty (60) days after the date of the notice. Upon receipt of a timely written protest, the City Council shall designate a time, place and date for public hearing according to the public hearing procedures provided herein.

(m)

The Chief Building Official may cause a copy of the notice of violations under this Section to be recorded with the County Clerk and Recorder's office. When the owner or occupant has corrected or abated the condition or conditions that were the basis of such notice, the Chief Building Official shall cause a release of such notice to be recorded with the County Clerk and Recorder's office.

(n)

Enforcement.

(1)

Any person violating any provision of this Chapter shall be subject to a fine of the amount set forth in Section 1-73 of this Code or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each and every day during which violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense.

(2)

If any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this Chapter, the City or any proper person may institute an appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, exterior alteration, addition or demolition.

(3)

If any building or structure is demolished in violation of this Chapter, no replacement building or structure shall exceed the height and the floor square footage of the demolished building. In the event such demolition has been accomplished without previous review by the City Council, the City Council is authorized to conduct a hearing, after notice as provided in Section 16-369 of this Code, at which hearing the Board shall consider whether the uses to be made within any replacement building or structure shall be limited to some or all of those uses permitted prior to the effective date of the constitutional amendment that authorized gambling in the City.

(4)

The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this Chapter and with administrative orders and determinations made hereunder.

(5)

Any person aggrieved by a decision or action of the City Council may appeal the decision or action, directly to the District Court under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. For purposes of this Section, an aggrieved person shall mean the owners of the subject property and the owners of all real property directly adjacent to the subject property.

(Ord. 2018-31 §1)

Editor's note— Ord. No. 2018-31, § 1, adopted November 14, 2018, repealed the former § 16-368, and enacted a new § 16-368 as set out herein. The former § 16-368 pertained to City Council historic review process. See the Disposition of Ordinances Table for complete derivation.

Notice of public hearings before the Board of Aldermen or the Board of Appeals shall be given according to the following process:

(1)

Purpose. All land use applications that require a public hearing before the Board of Aldermen or Board of Appeals shall be subject to these requirements. This process is intended to provide for adequate notification ensuring the opportunity for public participation on land use proposals within the City.

(2)

General provisions.

a.

It is the responsibility of the applicant to meet these requirements prior to the established hearing date.

b.

The Board of Aldermen or the Board of Appeals may continue the hearing to a date certain and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be pursued by the applicant unless a period of six (6) weeks or more elapses between the hearing dates, before the same board. In situations where this time period has passed, the applicant shall be required to publish the "NOTICE OF PUBLIC HEARINGS" provided for in Subparagraph (3)a only.

c.

These public notice requirements apply to all land within the jurisdiction of the City, as well as those parcels subject to the consideration of and petitioning for annexation to the City boundaries.

d.

No public hearing shall commence, nor testimony be taken until these procedures are met by the applicant.

(3)

Public notice procedures.

a.

At least fifteen (15) days prior to a public hearing, a notice shall be published at least one (1) time in the legal notice section of a general circulation newspaper within the City. A publisher's affidavit shall be submitted to the Planning Director prior to the hearing date to verify the publication of the required notice. The notice shall read as follow:

NOTICE OF PUBLIC HEARINGS

Notice is hereby given that the (insert name of appropriate board) shall hold public hearings concerning (type) of application request), located on property described in Exhibit A and generally located at (distance and direction of nearest major intersection), pursuant to the City of Black Hawk zoning ordinance.

The public hearing is to be held before the (insert name of appropriate board) on ( date ), 19__, at (time - a.m./p.m.), or as soon as possible thereafter. The public hearings shall be held in the City of Black Hawk City Hall, or at such other time or place in the event these hearings are adjourned.

ALL INTERESTED PARTIES MAY ATTEND.

EXHIBIT A (Legal Description)

b.

At least fifteen (15) days prior to a public hearing, a notice shall be posted on the property for which the land use application is made. These notices shall consist of at least one (1) sign facing each adjacent public right-of-way. In the case of a variance request, only one (1) sign shall be posted on site in the general vicinity the variance is being considered. These notices shall be in the form of signs measuring not less than twenty-four (24) inches by twenty-eight (28) inches, with lettering a minimum of one-half (½) inch high and on posts no less than four (4) feet above the ground. These notices shall read:

NOTICE OF PUBLIC HEARINGS

Notice is hereby given that the property upon which this sign is posted shall be considered at public hearing for (type of application request) pursuant to the City of Black Hawk zoning ordinance. The public hearings are to be held before the (insert name of appropriate board) on (_date ), 19__, at (time - a.m./p.m.), or as soon as possible thereafter. The public hearing shall be held in the City of Black Hawk City Hall.

c.

In the case of a text amendment to this Chapter 16 for which no specific property, site or physical address exists, the following public notice procedures shall apply:

1.

Notice shall be published in accordance with Section 16-369(3)a.; and

2.

Written notice shall be provided by posting the written notice on 8.5" x 11" paper at the City's regular posting location at 201 Selak Street at least fifteen (15) days prior to the public hearing.

(Ord. 94-11 §1; Ord. 98-33 §27; Ord. 2009-23 §12; Ord. 2024-24, §1)

(a)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, conditional use permits, special use permits, subdivision plat approval, zoning amendments, variances and other administrative relief. The amount of the fees charged shall be established by resolution of the City Council filed in the office of the City Clerk.

(1)

Residential land use fees. No fees for land use associated applications shall be charged or collected if the residence for which the application is made was constructed prior to 1991 and is located within the Historic Residential (HR) Zoning District, and all land use applications are made in accordance with the Municipal Code of the City of Black Hawk, as adopted by the City Council. This includes professional and/or consulting services fees.

(2)

Any property owner that creates improvements or adds land use items that are not in compliance with the land use regulations of the City of Black Hawk shall automatically be responsible for any City cost needed to work toward proper compliance on the property. This includes any consultant costs or fees that are provided to assist with and directed to the property owner to bring the property into proper compliance with the regulations of the City of Black Hawk.

(b)

The City will bill applicants for any and all costs of professional or consulting services which the City incurs as a result of an applicant or his or her project. Professional or consulting services include, but are not limited to: legal, engineering, planning, surveying, or hydrological services.

(c)

Fees established in accordance with Subsection (a) shall be paid upon submission of a completed land use application or notice of appeal. All applications for which there is a fee shall be accompanied by the appropriate fee. Applications which are not accompanied by the appropriate fee shall be considered incomplete and shall not be processed nor shall any permit be issued unless the appropriate fee accompanies the application. The applicant shall pay the City the actual cost to the City for engineering, planning, surveying, inspection and legal services rendered in connection with the review of the proposed development application plus fifteen percent (15%) to cover administrative costs. The City will send the applicant a statement for the actual and administrative costs incurred by the City for the services rendered by the City. The applicant shall pay the City the amount due on the statement within fifteen (15) days of the date of the issuance of such statement. In the event the applicant fails to pay the amount due on the statement within the time period specified above, the City shall immediately stop the review process for the proposed development. The application will be deemed withdrawn if the statement is not paid in full within thirty (30) days of the date of the issuance of the statement.

If the statement is not paid in full within thirty (30) days after issuance of the statement, in addition to the application being withdrawn, the City shall impose interest on the amount due and outstanding at the rate of one and one-half of one percent (1.5%) per month from the date when due.

In addition to the City's remedies to stop the review process upon nonpayment of such statement, and to impose penalty interest, the City shall additionally possess the right to initiate an enforcement action against the applicant for nonpayment of such fees. Such enforcement action may be initiated either in the Gilpin County Court or in the Black Hawk Municipal Court. In the event such collection action is determined in favor of the City, the City shall be awarded its attorneys' fees and court costs in addition to the unpaid fees as part of any judgment.

The payment of fees of the costs of professional and consulting services under this Section shall be due and payable as set forth within this Section, regardless of whether the project is completed, approved and/or regardless of whether the owner/applicant chooses to complete the City's land review process under the City's zoning ordinance and subdivision regulations.

(d)

The applicant shall pay any impact fees as established by City ordinances in effect at the time the development application is approved by City Council. The impact fees shall be paid at the time specified by such ordinance.

(Ord. 94-11 §1; Ord. 98-60 §6; Ord. 2017-9 §2)

(a)

When the City discovers, at any time after a rezoning or planned unit development process, that the legal description submitted as a part of the rezoning or planned unit development process is erroneous, and therefore the City's zoning map contains errors, the City may correct the errors in the legal description by ordinance by following the procedures established in this Section. The errors may be brought to the City's attention by City staff or the affected property owner.

(b)

At least thirty (30) days prior to the consideration of an ordinance to correct the legal description, the City shall notify the affected property owner of the errors in the legal description. The notice shall be in writing, sent via first class mail, postage prepaid, to the last known address of the affected property owner. The notice shall include the following information, at a minimum:

(1)

A general description of the affected property, by street address or by the name of the project;

(2)

The date of the ordinance approving the rezoning or planned unit development application, and the ordinance number;

(3)

A map depicting the errors in the existing legal description;

(4)

The corrected legal description; and

(5)

A statement that the Board of Aldermen will correct the legal description by ordinance, unless a written objection is filed by the property owner within fifteen (15) days of the date of the notice, stating the reason(s) for the objection.

(c)

If no objections are received, the Board of Aldermen, not less than thirty (30) days after the notice described in subsection (b) is mailed, shall correct the legal description by ordinance.

(d)

If objections are received, the Board of Aldermen shall not consider an ordinance to correct the legal description until the objections have been reviewed and considered by City staff, and City staff has made a recommendation to the Board of Aldermen.

(e)

The City Clerk shall file a copy of the ordinance correcting the legal description with the County Clerk and Recorder.

(Ord. 2001-11 §1)

(a)

Temporary uses of property and the placement of temporary structures within the City are prohibited, except as permitted in this Section. Temporary structures, other than temporary vendor carts for short-term special events or temporary vendors for the vending of food and/or beverages exclusively, shall be allowed in all nonresidential zone districts subject to all of the following conditions:

(1)

Temporary structures may be used for storage or office uses during the construction of a project within the City upon issuance of a permit therefor. The structure's location, size and general design shall be disclosed to the City as part of the application for a temporary structure permit, as detailed in Subsection (b) below.

(2)

Temporary structures shall comply with all existing requirements of the zoning district within which the temporary use is sought, including setback, height and any other applicable regulations.

(3)

Temporary structures may also be used to replace an existing structure being demolished on site while a new, permanent structure on the same site is being constructed. In such case, a temporary structure shall have no greater floor area than the structure it is temporarily replacing.

(4)

Temporary structures shall not be placed on site prior to the issuance of a building permit and shall be removed upon issuance of a certificate of occupancy or a final building inspection for the new or remodeled structure. The structure must be located on the property indicated by a recorded plat or final site plan. The structure can be with or without utilities or services.

(5)

The applicant for approval of a temporary use or structure shall provide security as determined appropriate by the City to ensure the complete removal of the structure, site cleanup and site revegetation, once the permit for the temporary structure has expired.

(6)

Exemptions. Temporary tents, air structures or other similar structures, not intended for office, retail, industrial or commercial uses, shall be exempt from the provisions of this Section, subject to all other relevant provisions of this Chapter.

(b)

Permitting process. Issuance of a permit shall be required prior to commencement of a temporary use or the placement or use of a temporary structure. Application for a permit shall be accompanied by the following information:

(1)

A temporary use or structure permit application.

(2)

A plot plan for the site that shall include:

a.

All required setbacks for the district in which the temporary structure is located.

b.

Access to the temporary structure from a public right-of-way.

c.

Dimensions of all existing and proposed structures.

d.

Location of required off-street parking and loading areas.

(3)

An authorization letter from the legal property owner giving the applicant permission to apply for the permit.

(c)

Permits. Temporary use or temporary structure permits may be issued by the City Manager or his or her designee for a period of up to six (6) months. Extensions of up to an additional six (6) months may be granted for construction projects that are otherwise in compliance with all necessary permits and only if application for such extension is made prior to the expiration of the temporary use or temporary structure permit. The City Manager is authorized to impose reasonable conditions upon the issuance of any temporary use or temporary structure permit to assure that any such authorization is exercised in a manner consistent with the public health, safety and welfare of the general public.

(d)

Appeal of City Manager decision. Any decision by the City Manager or the City Manager's designee shall be appealable to the Board of Aldermen sitting as the Board of Appeals pursuant to Subsection 16-326(b) of this Code.

(Ord. 2009-10 §1)