For the purpose of this Chapter, certain terms and words are defined as set forth in this Section.

Words used in the present tense include the future; words in the singular include the plural, and words in the plural number include the singular; building includes structure; use includes arranged, designed or intended to be used; occupied includes arranged, designed or intended to be occupied; shall is mandatory and not directory. The word person includes a corporation, partnership or other entity capable of owning, leasing, developing or managing property.

The definitions contained in this Article shall replace and govern over any other definition of the same word or phrase as the same is defined in any other section in this Chapter.

The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them:

Adult arcade means an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors or similar machines or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store or adult video store means:

a.

A commercial establishment which (1) devotes a significant or substantial portion of its stock-in-trade or interior floor space to, (2) receives a significant or substantial portion of its revenues from, or (3) devotes a significant or substantial portion of its advertising expenditures to, the promotion of the sale, rental or viewing (for any form of consideration) of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction of specified sexual activities or specified anatomical areas.

b.

An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as the provisions of Subparagraph a. are otherwise met.

Adult cabaret means a nightclub, bar, restaurant or other commercial establishment which regularly features: (a) persons who appear nude or in a state of nudity; or (b) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Adult motel means a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified anatomical areas or specified sexual activities and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; (b) offers a sleeping room for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to sub-rent a sleeping room for a time period of less than (10) hours.

Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing specified anatomical areas or specified sexual activities are regularly shown for any form of consideration.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.

Alley means a public right-of-way within a block upon which the rear of building lots generally abut; its use is for secondary access to the lot and for service purposes.

Alteration means any act or process which changes one (1) or more of the exterior architectural features of any structure.

Amusements mean an establishment or enterprise for the purpose of amusing or entertaining persons, including by way of example, but not in limitation, museums, bowling alleys, pool halls, arcades, dancehalls, puppet shows, theaters, cinemas, concerts, stage shows, roller and ice skating rinks, sport facilities and recreational facilities, whether such establishments be indoor or outdoor, for profit or not for profit, or in conjunction with another use on the premises. However, amusements shall not include devices for amusement and entertainment, such as jukeboxes, pool tables, coin-operated games, pinball machines or television and radio where such devices are clearly incidental and subordinate to the principal use of the premises.

Architectural projection means roof overhangs, mansards, unenclosed exterior balconies, marquees, canopies, pilasters and fascias, but not including signs.

Area of shallow flooding means an area located within the area of special flood hazard with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.

Area of special flood hazard means that land in the floodplain within the City subject to a one percent (1%) or greater chance of flooding in any given year. The area of special flood hazard includes those areas designated as the floodway flood fringe.

Arterial street means any state or federal numbered highway, or any other street having a right-of-way width greater than sixty (60) feet.

Base flood means the 100-year return frequency flood or the flood having a one percent (1%) chance of being equaled or exceeded in a given year.

Basement means that portion of a building as defined in the latest edition of the International Building Code, adopted by the City.

Bed and breakfast means a residential dwelling unit that provides sleeping accommodations for hire, for thirty (30) days or less, on a day-to-day basis, with one (1) or more meals per day included, at which an owner, manager or lessee of the property resides on the premises. Such use shall not include residential dwelling units with two (2) or more rental rooms or facilities which include retail or commercial activities of any kind.

Board of Aldermen means the Board of Aldermen of the City of Black Hawk, Colorado.

Boarding house means a building, other than a hotel or motel, where, for compensation and by prearrangement, for periods of thirty (30) days or more, lodging, meals or both are provided for three (3) or more persons who are not parents or children of the primary occupants.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building accessory means a building devoted exclusively to an accessory use as herein defined and not attached to a principal building by any roofed structure.

Building height means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

a.

The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above the lowest grade.

b.

An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described in Subparagraph a. above is more than ten (10) feet above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building. The height limitations of this Chapter shall not apply to cupolas, chimney ventilators, skylights, water tanks or necessary mechanical appurtenances usually installed above the roof level. An antenna may exceed the maximum applicable building height, provided that the total height does not exceed five (5) feet plus twice the distance to the nearest property line.

Building nonconformance means a building, structure or portion thereof built prior to the effective date of the ordinance codified herein or any amendment thereto and conflicting with the provisions of this Chapter applicable to the zoning district in which it is situated.

Bulk storage means exposed outside storage of sand, lumber, coal or other bulk materials and bulk storage of liquids in tanks (except underground as an accessory use).

Campground: Any area that is occupied or intended or designed or improved for occupancy by transients (no permanent residency is allowed) using recreational vehicles, travel trailers, tent trailers, or tents for temporary dwelling, lodging, or sleeping purposes wherein sites are offered for the use of the public or members of any organization for no longer than fifteen (15) days.

Channel means a natural or artificial watercourse or drainway of perceptible extent with definite bed and banks to confine and conduct continuously or periodically flowing water.

Commercial accommodations mean a building or group of buildings containing guest units providing transient accommodations to the general public for compensation and as an accessory use not more than a single dwelling unit. Commercial accommodations includes hotel, motel, tourist home, boarding house, lodging house, bed and breakfast units and dormitories.

Commercial vehicles mean vehicles of more than five (5) tons of capacity.

Common open space means a parcel or parcel of land, an area of water or a combination of land and water, within the site designated for a planned unit development designed and intended primarily for the use or enjoyment of residents, occupants and owners of the planned unit development.

Courts mean a space, open and unobstructed to the sky, bounded on three (3) or more sides by walls of a building.

Day care home means a facility licensed by the County or the State which is maintained for a whole or part of a day for the care of more than two (2) children under the age of sixteen (16) years not related to the owner, operator or manager thereof, which facility is operated with or without compensation for such care. A small day care home is a day care home for less than seven (7) children. A large day care home is a day care home for seven (7) or more children.

Design standards for the City shall be design and review guidelines adopted by the Historic and Architectural Review Commission to ensure that new construction, reconstruction, alterations and demolition of existing improvements within the City will be compatible with, preserve and enhance the historic character, fabric and resources of the City.

Developed land means premises on which development has taken place or is authorized under a permit currently in force.

Development means any man-made change to improved or unimproved real estate, including but not limited to construction, demolition, renovation, rehabilitation, mining, dredging, filling, grading, paving, excavation or drilling operations.

Distillery means a facility where spirituous liquor is manufactured, stored, bottled, and sold in sealed containers at wholesale. Such facilities may include on-site retail sales for consumption off-premises, and may include on-premises consumption in accordance with the Colorado Liquor Code.

Dormitory means a multiple unit dwelling which does not contain complete cooking and toilet facilities with each unit.

Drainway means a natural or artificial land surface depression with or without perceptively defined beds and banks to which surface runoff gravitates and collectively forms a flow of water continuously or intermittently in a definite direction.

Dwelling means a detached building designed for or occupied by one (1) or more families.

Dwelling, multifamily means a dwelling containing three (3) or more dwelling units.

Dwelling unit means a building or portion of a building intended as living quarters for a single family, having a single set of kitchen facilities (a stove plus either or both a refrigerator and sink) not shared with any other unit; or quarters for up to six (6) persons in a lodging house, dormitory, congregate dwelling or similar group dwelling.

Event center: A multi-purpose venue facility hosting special events such as graduations, weddings, anniversaries, holiday gatherings, trade shows, concert settings, and corporate functions or parties. An event center may have a catering kitchen, indoor and/or outdoor seating and a stage or event area.

Exterior architectural feature means the architectural style, design, general arrangement and components of all the outer surfaces of a structure or improvement, including but not limited to the color, texture, materials, type and style of all windows, doors, lights, signs and other fixtures appurtenant to the structure or improvement.

Family means any number of persons, including domestic employees, living and cooking together on the premises as a single dwelling unit but excluding any group of more than three (3) individuals not related by blood or marriage.

FEMA means the Federal Emergency Management Agency.

Fill means a deposit of materials of any kind placed by artificial means.

Fixed Guideway Transportation (FGT) means any transportation system composed of trains or cogways utilizing fixed rails or aerial tramways that are required to be licensed by the Colorado Passenger Tramway Safety Board.

Flood means a rise in stream flow above the normal which results in water flowing or standing beyond the banks of the channel.

Flood fringe means that portion of the floodplain inundated by the 100-year return frequency flood not within the floodway.

Flood Insurance Rate Map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map and the water surface elevation of the base flood.

Floodplain means the land adjacent to a body of water which has been or may hereafter be covered by floodwater. Flood profile means a graph or longitudinal profile showing the relationship of the water surface elevation of a flood event to location along a stream or river.

Floodproofing means combinations of structural provisions, changes or adjustments to a structure resulting in a structure that is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Floor area means the area included within the surrounding exterior walls of a building, exclusive of courts.

Floor area, gross, means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, any space where the floor-to-ceiling height is less than six (6) feet, or any area more than fifty percent (50%) below grade.

Floor area, habitable, means heated areas meeting all health and building code requirements for daily use in living, eating, cooking and sleeping, but excluding garages and basements.

Floor area ratio means the relationship of floor area to total lot area expressed as an arithmetic ratio.

Front building line means the nearest portion of a building to the front lot line of a lot, including porches, balconies, decks more than thirty (30) inches above grade, eaves and signs, except such signs as are permitted to extend beyond the building line, and except unoccupied architectural projections of such a building where specifically authorized in this Chapter.

Garage, private means a building designed and used for the housing of not more than three (3) motor propelled vehicles.

Garage, public means a garage other than a private or storage garage, where motor vehicles are housed, equipped for operation, repaired or kept for remuneration, hire or sale.

Grade (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

Guest house means an accessory structure on the same lot as a single-family dwelling containing a single dwelling unit for occasional occupancy by guests of the residents of the principal dwelling.

Guest unit means a room or suite of rooms without cooking facilities, suitable for separate occupancy in a motel, hotel, lodging house or similar establishment. If containing a stove plus either or both a kitchen sink and a refrigerator, it shall be considered as a dwelling unit.

Habitable space means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.

Hawking means the act of soliciting customers or distributing or displaying literature, coupons, signs, posters, tokens or coins or using a loudspeaker or voice amplification device or music for the primary purpose of soliciting or attracting customers to a business. Disseminating information which is not primarily for the purpose of proposing a commercial transaction is not considered hawking. Waving at customers shall not be considered hawking.

Hawking zone means that area around the primary entry of a casino or other business limited to the width of the primary entry, or a width of five (5) feet, whichever is greater, and extending no more than three (3) feet into the established sidewalk right-of-way. In the event the primary entry is recessed from the face of the exterior wall of the casino or other business, the five-foot hawking zone width shall be established from the points of the intersection of the face of the exterior wall and the walls of the recessed portion of the primary entry.

Height. See Building height.

Historic resources mean resources which have officially been included in the National Register of Historic Places designated by statute or included in an established list of places compiled by the State Historic Society.

Hotels and motels mean any building or portion thereof, containing six (6) or more guestrooms used, designed to be used, let or hired out for occupancy by persons on more or less a temporary basis.

Impervious surface area. The area of the lot covered by the following shall be included in impervious surface in all districts:

a.

The principal building;

b.

All accessory buildings, parking garages, carports and utility sheds;

c.

Porches, stairways and elevated walkways, paved areas or areas otherwise covered with materials impervious to water or with gravel; or

d.

Parking areas and driveways regardless of surface materials.

Improvement means any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of such betterment.

Interim use means any use of a property not permitted indefinitely as a use by right, but permitted for a specified period of time by special use permit. In this Chapter, interim uses are outlined in the commercial and industrial zone districts.

Kennel means facilities for the harboring and/or care of more than three (3) dogs three (3) months old or older, whether commercially operated or not.

Landscaping means the preservation of the existing trees, shrubs, grass and decorative materials on a lot, tract or parcel of land or the rearrangement thereof or the modification thereof by planting or installing more or different trees, shrubs, grass or decorative materials.

Light manufacturing means mechanical or chemical transformation of materials or components into new products, including fabrication, processing, assembly, finishing or packaging, provided that materials transformed do not weigh more than one hundred (100) tons/year (including division).

Lodging accommodation or Lodging facility means any hotel, bed and breakfast, apartment hotel, lodging house, motel, motor hotel, guest house, guest ranch, resort, mobile home, mobile home park, auto court, inn, trailer court, trailer park, campground or hostel providing transient accommodations where two (2) or more rooms or accommodations are used for lodging, and shall be subject to the limitations on duration of occupancy under Section 6-247 of the Black Hawk Municipal Code.

Lot means a continuous parcel of land undivided in its ownership, available to be used, developed or built upon as a unit.

Lot area means the horizontal area of a lot exclusive of any area in a street or recorded way open to public use; however, land within a 100-year floodplain or having slope in excess of thirty percent (30%) or above the elevation serviceable by City water without a subarea pumping and storage system shall be credited at one-tenth ( 1/10 ) actual area in meeting lot area requirements.

Lot, corner means a lot which occupies the interior angle at the intersection of two (2) streets which make an angle of less than one hundred thirty-five degrees (135°) with each other and either or both of said streets provide primary access to the property.

Lot, interior means a lot other than a corner lot, through lot or reverse corner lot.

Lot line, front, means the property line dividing a lot from a street. On a corner lot, only the shorter street frontage shall be considered a front lot line.

Lot line, rear means the property line of a lot opposite the front lot line.

Lot line, side means any lot property line other than a front or rear lot line.

Lot, through means a lot, other than a corner lot, having frontage on more than one (1) street.

Lowest floor means the lowest horizontal surface within a structure, including basement.

Major alteration means physical changes to such extent that the cost of those changes exceed one-half (½) the replacement cost of the area being altered.

Manufactured home means a structure on a permanent chassis, transportable in one (1) or more sections, that, when erected on site, is three hundred twenty (320) or more square feet; that is built and designed to be used as a dwelling when connected to the required utilities; that includes a plumbing, heating, air-conditioning, and electrical systems; and that has a federal certification label or tag permanently affixed to it pursuant to 42 U.S.C. § 5401, et seq., as may be amended from time. "Manufactured home" does not include any self-propelled recreational vehicle.

Mini-warehouse/storage: Enclosed warehouse units which are rented or leased to second parties for storage purposes, and which have no outside storage. No residential unit is allowed with this use.

Municipal parking lot means government-owned or operated parking lots associated with municipal uses including, but not limited to, such uses as a city hall, post office and county offices.

Nonconforming building means any legally existing building which does not conform to the applicable regulations of this Chapter for the zoning district in which such nonconforming building is located, either at the effective date of the ordinance codified herein or as a result of subsequent amendments which may be incorporated into this Chapter.

Nonconforming lot means a legally created lot not conforming to current lot areas or width requirements resulting from subsequent adoption or amendment of such requirements.

Nonconforming use means any legally existing use, whether within a building or on a tract of land, which does not conform to the use regulations of this Chapter for the zoning district in which such nonconforming use is located either at the effective date of the ordinance codified herein or as a result of subsequent amendments which may be incorporated into this Chapter.

Nude model studio means any place where a person, who appears in a state of nudity or displays specified anatomical areas, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other means. The definition of nude model studio does not apply to: (a) a college, junior college or university supported entirely or partly by taxation; (b) a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or (c) a business located in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class, a student must enroll at least three (3) days in advance of class; and where no more than one (1) model is on the premises at any one (1) time.

Nudity orstate of nudity means:

a.

The appearance of the human bare buttock, anus, male genitals, female genitals or the aureole or nipple of the female breast; or

b.

A state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or aureole or nipple of the female breast.

Obstruction means any dam, wall, embankment, levee, dike, pile abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, fence, rock, gravel, refuse, fill, structure or matter in a regulatory flood hazard area which may impede, retard or change the direction of water flow, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life and property elsewhere.

Official floodplain map means the map adopted by ordinance of the City as the Official Floodplain Map.

Open space means that portion of the net site not covered by buildings, parking areas, driveways or other impervious surfaces. Open space shall be devoted to the purpose of outdoor living spaces for the residents and may include lawn areas, walkways, sitting areas, courtyards and outdoor recreation facilities and landscaped areas. Recreation buildings, gazebos, private patios or other private open space, tennis courts, swimming pools or other meaningful recreation facilities common to the residents shall be considered as open space.

Ordinary high water line means the highest point subject to inundation annually or more often.

Parcel means a lot or series of contiguous lots held in common ownership under a single conveyance.

Plan means the provisions for development of a planned unit development which may include, and need not be limited to, easements, covenants and restrictions relating to use, location and bulk of buildings and other structures, intensity of use or density of development utilities, private and public streets, ways, roads, pedestrian areas and parking facilities, common open space and other public facilities. Provisions of the plan means the written and graphic materials referred to in this definition.

Planned unit development (PUD) means an area of land, controlled by one (1) or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, residential, commercial, educational, recreational or industrial uses or any combination of the foregoing, the plan for which may not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restriction to the existing land use regulations.

Planning Director means the person charged with the administration and enforcement of this Chapter, or his or her duly authorized representative. In the absence of a Planning Director, the City Manager, or his or her designee, shall be charged with the administration and enforcement of this Article.

Primary entry means the principal entrance through which most people enter the building (Source: 1991 Uniform Building Code). There shall be only one (1) primary entry per building or casino.

Principal use means the primary purpose or function that a lot serves or is intended to serve.

Property means real property, including improvements thereon.

Public facility means a building or structure owned or leased by a governmental agency and operated by a governmental agency to provide a governmental service to the public.

Public right-of-way means all roads, streets and alleys and all other dedicated rights-of-way, access and utility easements of the City, the State, or any district, utility or railroad.

Public utility facility means a business or service which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as electricity, natural gas, water, sewer, transportation or telephone service.

Rear building line means the outermost portion of a building facing the rear lot line of a lot, including porches, balconies, decks more than thirty (30) inches above grade and signs, except such signs as are permitted to extend beyond the building line, and except the eaves of any building.

Regulatory flood datum means the reference elevation above mean sea level which represents the peak elevation of the 100-year return frequency flood.

Regulatory flood protection elevation means the elevation one (1) foot above the regulatory flood datum.

Residential use secondary to the principal use means the residential use of a dwelling unit as a secondary, as opposed to a principal use, in a nonresidentially zoned district, subject to the special review use regulations as more particularly set forth in this Chapter.

Retaining wall means a wall designed to resist the lateral displacement of soil or other materials.

River bank means the boundary along the bank of a stream or river at the high water mark.

River wall means an erection of stone, brick or other material, raised to some height and intended for the purpose of security or enclosure of any river or stream.

Sexual encounter establishment means a business or commercial establishment, that as one (1) of its primary business purposes, offers, for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one (1) or more of the persons is in a state of nudity. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms for rent.

Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or nude model studio. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar person licensed by the State engages in medically approved and recognized sexual therapy.

Short-term rental means a dwelling occupied by a paying guest on a temporary or transient basis, not exceeding thirty (30) days, where kitchen and other food preparation facilities may be provided, and which is required to be occupied as a primary residence by the individual using the dwelling as a short-term rental. A short-term rental does not include a bed and breakfast as defined in this Section 16-24.

Side building line means the outermost portion of a building facing the side lot line of a lot, including porches, balconies, decks more than thirty (30) inches above grade and signs and except the eaves of any building; provided that the outermost portions of a building whose sideline faces a street shall not include unoccupied architectural projections of such a building which do not extend more than four (4) feet from the wall of such building and which provide a minimum clearance of nine (9) feet beneath such projections.

Slope, average means difference in elevation divided by horizontal distance, measured over the less demanding of either the entire parcel or the area proposed to be altered, based on two-foot contour intervals.

Specified anatomical areas includes any of the following:

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the aureole; or

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities includes any of the following:

a.

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breast;

b.

Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, sodomy, sadomasochism or bestiality;

c.

Masturbation, actual or simulated;

d.

Human genitals in a state of sexual stimulation, arousal or tumescence;

e.

Excretory functions as part of or in connection with any of the activities set forth in Subparagraphs a through d above.

Storage and utility area means that portion of a building designed, used or both, primarily for holding or safekeeping goods or machinery or for the location or installation of mechanical devices to provide, generate or store utility service including heat, water, cooling, electric power, propane gas and natural gas.

Street means any public or private thoroughfare which affords a principal means of access to abutting property and including such terms as public right-of-way, highway, road and avenue.

Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected, the use of which requires location on or in the ground, including buildings, manufactured homes, billboards, swimming pools or the like, or part thereof.

Underlying zone district means the zoning districts set forth in Articles IV and V of this Chapter which divide the City into zoning districts.

Use means the purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained.

Use, accessory means an activity incidental to and located on the same premises as a principal use conducted by the same person or his or her agent. No use other than parking shall be considered accessory unless functionally dependent on and occupying less land area than the principal use to which it is related and occupying less than one-quarter (¼) as much habitable floor area as that principal use.

Use, nonconforming means use of land or a building that does not conform with any use authorized by the use regulations of the district in which it is situated. Nonconforming use also means the use of a structure or premises conflicting with the regulations and requirements of this Chapter.

Yard means an open space other than a court, not in an alley or street, unoccupied and unobstructed from the ground upward except as otherwise provided in this Chapter.

Yard, front means a yard extending the full width of the lot or parcel, the depth of which is measured in the least horizontal distance between the front lot line and the nearest wall of the principal building, such distance referred to as the front yard setback.

Yard, rear means a yard extending the full width of the lot or parcel, the depth of which is measured in the least horizontal distance between the rear lot line and the nearest wall of the principal building, such distance being referred to as the rear yard setback.

Yard, side means a yard extending from the front yard to the rear yard, the width of which is measured in the least horizontal distance between the side lot line and the nearest wall of the principal building.

(Ord. 94-11 §1; Ord. 94-26 §2; Ord. 98-33 §§1, 2; Ord. 99-7 §§1, 2; Ord. 2000-23 §1; Ord. 2002-09 §1; Ord. 2002-42 §1; Ord. 2009-12 §4; Ord. 2009-23 §9; Ord. 2016-14 §1; Ord. 2018-2 §1; Ord. 2018-10 §1; Ord. 2019-21 §1; Ord. 2020-13, §1; Ord. 2023-9, § 2; Ord. 2024-6, §3)

(a)

Purpose and Legislative Declaration. The City Council finds and determines as follows:

(1)

Pursuant to Article XX, Section 6 of the Colorado Constitution, the City is a Colorado home rule municipality, and as such has that organic authority derived from Article XX, Section 6 of the Colorado Constitution;

(2)

The City has the home rule power and authority to enact legislation on matters of purely local concern that preempt and supersede State legislation;

(3)

Zoning is, and has many times been declared and affirmed by the Colorado Supreme Court to be, a matter of purely local concern, and the purpose of this Section 16-25 of the Black Hawk Municipal Code is to state the City's intent to zealously assert its home rule authority to enact local zoning and subdivision regulations which supersede and preempt State legislation regulating zoning and subdivision as matters of purely local concern because the City Council of the City of Black Hawk is in the best position to legislate on how best to accomplish the increased availability of housing within the corporate limits of the City;

(4)

Colorado House Bill 24-1007 purports to prohibit municipalities from limiting housing occupancy based on familial relationships through the codification of Section 29-20-111, C.R.S.;

(5)

The City Council has promulgated certain limits on housing occupancy consistent with the City's zoning needs and objectives to protect the health, safety and welfare of its residents;

(6)

Such limits include the number of people who may live together in a single dwelling based on familial relationship; and

(7)

The City Council therefore finds and declares that the limit on housing occupancy promulgated in the Black Hawk Municipal Code is in furtherance of the health, safety and welfare of the City on a matter of purely local concern, notwithstanding the provisions of Section 29-20-111, C.R.S.

(b)

The State has not proven that regulation of housing occupancy requirements is a mixed Statewide and local concern:

(1)

The State fails to demonstrate the need for Statewide uniformity. Instead, Colorado House Bill 24-1007 forwards a policy outcome without any justification or citations to State law requiring Statewide uniformity on the zoning issue.

(2)

The State does not attempt to prove that housing occupancy has extraterritorial impacts such that regulation of housing occupancy by the State is specifically necessary to remedy any extraterritorial impacts.

(3)

The State ignores that zoning is a matter traditionally regulated by home rule municipalities as a purely local concern.

(4)

The State ignores that the Colorado Constitution and nearly a century of caselaw specifically find and declare that zoning is a matter of purely local concern.

(c)

Housing Occupancy Limits. The City is aware of the passage of House Bill 24-1007, codified in Section 29-20-111, C.R.S. The City rejects the assertion that the subject matter of Section 29-20-111, C.R.S. is a matter of mixed statewide and local concern and determines that Section 29-20-111, C.R.S. is expressly superseded and preempted within the City by the Black Hawk Municipal Code, specifically at its definition of "Family" in Section 16-24.

(Ord. 2024-18, §1)