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Black Hawk City Zoning Code

ARTICLE V

Nonresidential Districts

Division 2 - Gaming and Entertainment: Gaming Outstanding Lodging and Dining District (GOLD), Core Gaming (CG), Millsite Gaming (MG), and Transitional Gaming (TG)[1]


Footnotes:
--- (1) ---

Editor's note—Ord. 2013-46, § 2, adopted Oct. 23, 2013, repealed the former Div. 2, §§ 16-97—16-102, and enacted a new Div. 2 as set out herein. The former division pertained to Gaming and Entertainment: Core Gaming (CG), Millsite Gaming (MG), and Transitional Gaming (TG); and derived from Ord. 94-11 §1; Ord. 98-36 §1; Ord. 98-45 §1; Ord. 98-54 §1; Ord. 2000-23 §6; Ord. 2001-15 §§4, 5; Ord. 2002-42 §3.


Sec. 16-91. - District characteristics.

C/BS zoning districts shall be established in those areas which are highly visible from major roadways and have easy and safe access.

(Ord. 94-11 §1, 1994)

Sec. 16-92. - Purpose.

The purpose of the C/BS zoning district is to encourage a broad range of commercial services for visitors and residents, which are conveniently accessible by automobile, and which are designed to complement each other in character, scale and proximity.

(Ord. 94-11 §1, 1994)

Sec. 16-93. - Objectives.

The objectives of the C/BS zoning district are to:

(1)

Accommodate retail sales, services and entertainment facilities which are oriented to serving a majority of the needs of residents and visitors and which generate substantial volumes of traffic.

(2)

Encourage well planned, attractive clusters or groupings of development that complement existing historic features.

(3)

Encourage a mix of complementary commercial uses that share ingress and egress and clustered on-site parking, and that are linked by attractive pedestrian corridors and plazas.

(4)

Support existing commercial uses in the City.

(Ord. 94-11 §1, 1994; Ord. 2019-21 §2)

Sec. 16-94. - Use regulations.

(a)

Permitted principal uses. Any of the following uses, provided that the gross floor area of a single building or structure containing the use does not exceed twenty-five thousand (25,000) square feet.

(1)

Retail and services.

(2)

Automobile service stations.

(3)

Lodging accommodations.

(4)

Restaurants.

(5)

Indoor recreation and amusement.

(6)

Bars and lounges.

(7)

Offices.

(8)

Parks and common areas.

(9)

Area-wide transportation facilities.

(10)

Parking.

(11)

Public facilities.

(12)

Event Center (indoor and outdoor).

(13)

Mini-Warehousing/Storage (indoor only).

(14)

Distilleries.

(b)

Permitted accessory uses.

(1)

Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot.

(2)

Parking as specified at Section 16-263 of this Chapter.

(3)

Utility infrastructure if it is needed to serve the area in which it is located and is so designed so as to be nonobtrusive and blend in with the surrounding area.

(c)

Special review uses.

(1)

Any of the permitted principal uses where the gross floor area of a single building containing the use exceeds twenty-five thousand (25,000) square feet may be permitted if the building and accessory facilities are designed to be consistent with the desired character of the area, and do not adversely affect other uses in the area.

(2)

Outdoor recreation and amusements may be permitted if they are designed to be consistent with the desired character of the area, do not adversely affect other uses in the area and do not pose a threat to public safety.

(3)

Surface transportation related facilities such as private shuttle stops not located on public rights-of-way and shuttle stations with indoor areas designed for passenger waiting and comfort.

(4)

Fixed guideway transportation systems such as trains, cogways and aerial tramways. Fixed guideway transportation systems shall be subject to specific regulations found in Section 16-363(g).

(5)

Residential use for a caretakers unit that is secondary to the principal use, subject to the criteria contained in Subsection 16-363(h) of this Chapter.

(6)

Indoor shooting ranges may be permitted if they are designed to be consistent with the desired character of the area, do not adversely affect other uses in the area and do not pose a threat to public safety.

(7)

Campgrounds, including those providing recreational vehicle hookups. These specific uses shall be required to provide for on-site sanitary facilities, all-weather accessibility and road surfacing, and a caretaker residence. Campgrounds shall also be required to have a source of water contained on-site considered sufficient for fire protection. No campground shall be located within five hundred (500) feet of a preexisting residentially developed property.

(Ord. 94-11 §1, 1994; Ord. 99-2 §1; Ord. 2000-23 §§4, 5; Ord. 2002-42 §2; Ord. 2019-21 §§ 3, 4; Ord. 2020-13, §2)

Sec. 16-95. - Dimensional regulations.

(a)

Lot area and width requirements.

(1)

Minimum lot area: twenty thousand (20,000) square feet.

(2)

Minimum lot dimension:

a.

One hundred fifty (150) feet deep.

b.

One hundred fifty (150)feet wide.

(b)

Minimum setbacks.

(1)

Front yard: ten (10) feet.

(2)

Side yard: ten (10) feet.

(3)

Rear yard: ten (10) feet.

(4)

North Clear Creek: twenty (20) feet from the ordinary high water line of the creek.

(c)

Maximum impervious coverage: eighty percent (80%).

(d)

Maximum height: twenty-seven (27) feet.

(Ord. 94-11 §1, 1994)

Sec. 16-96. - District development standards.

(a)

All development shall be designed so that for the given location, egress points, grading and other elements of the development satisfy the requirements set forth below to the greatest extent practicable:

(1)

Reduce the number of access points onto an arterial or collector street;

(2)

Minimize adverse impacts on any existing or planned residential uses;

(3)

Improve pedestrian or vehicle safety within the site and egressing from it; and

(4)

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures.

(b)

All development including buildings, walls and fences shall be so sited to:

(1)

Complement existing development in scale and location;

(2)

Provide an adequate system of sidewalks or an off-road system of pedestrian and bicycle trails of greater than four (4) feet in width; and

(3)

Create pocket parks or green spaces that are accessible to the public and at a minimum provide seating and landscaping.

(Ord. 94-11 §1, 1994)

Sec. 16-97. - Gaming Outstanding Lodging and Dining District (GOLD).

(a)

Characteristics. Gaming Outstanding Lodging and Dining District (GOLD). Gaming and entertainment shall be located only in that area defined by Amendment 4 to the Constitution of the State of Colorado, which was adopted in November of 1990. The GOLD zoning district is the area of the City, which is comprised of areas that were previously zoned as CG, MG, and TG following the adoption of Amendment 4 to the Constitution of the State of Colorado, which has now developed into the core of the gaming and entertainment area of the City. The core of the gaming and entertainment area of the City has the characteristics of the other three (3) gaming districts, but also recognizes the viability of the gaming, lodging and dining components located in what has evolved to be the City's core gaming area.

(b)

Purpose. The purpose for the GOLD zoning district is to recognize and encourage the sustained economic viability of the community by allowing gaming and entertainment and encouraging a complementary mix of restaurant and lodging accommodations in a manner which recognizes the continuing viability of the City as a destination resort community.

(c)

Objectives. The objectives of the GOLD zoning district are to:

(1)

Allow gaming and entertainment as the stimulus for the continued revitalization and sustained economic viability of the community.

(2)

Encourage a safe pedestrian-oriented environment with transportation features that minimize vehicular traffic and visual impact on the historical character of the City.

(3)

Minimize noise and traffic impacts of gaming and related activities on residential neighborhoods.

(d)

Use regulations.

(1)

Permitted principal uses.

a.

Gaming and entertainment, including casinos established pursuant to State statute, provided that casino activities may not represent more than thirty-five percent (35%) of the gross floor area of the building or structure in which they are contained.

b.

Retail and services.

c.

Lodging accommodations.

d.

Restaurants.

e.

Bars and lounges.

f.

Indoor recreation and amusement.

g.

Parking.

(2)

Permitted accessory uses. Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot. Utility infrastructure if it is needed to serve the area in which it is located and is so designed so as to be nonobtrusive and blend in with the surrounding area.

(3)

Special review uses.

a.

Special community events such as fairs and carnivals may be permitted if they are generally supported by the community as a whole and do not to exceed two (2) weeks in duration.

b.

Outdoor sales and services may be permitted if they are within the permitted minimum setbacks.

c.

Surface transportation-related facilities such as private shuttle stops not located on public rights-of-way and shuttle stations with indoor areas designed for passenger waiting and comfort.

d.

Fixed guideway transportation systems such as trains, cogways and aerial tramways. Fixed guideway transportation systems shall be subject to specific regulations found in Section 16-363(g).

e.

Temporary promotional uses. Temporary tents, air structures, trailers, recreation/commercial vehicles, carts, wagons and booths that are used solely to promote the initial grand opening of a casino within the GOLD district may be allowed when they meet the following criteria:

1.

They provide a positive impact in the gaming and entertainment district, as determined by the public hearing, which includes, but is not limited to, aesthetics, site design, architectural compatibility and impacts on traffic.

2.

They are located entirely on private property.

3.

There is access to the promotional use from a public right-of-way.

4.

All required setbacks for the district in which the promotional use is located will be satisfied.

5.

There is parking onsite for the promotional use in amount equal to one (1) space for every fifty (50) feet of a promotional use.

6.

The duration of the promotional use is ninety (90) days, which may be extended for an additional thirty (30) days, or when the permitted principal use that is being promoted is opened, whichever occurs first.

7.

In addition to the requirements contained in Section 16-363 of the Code, the application for a special use permit shall include an authorization letter from the legal property owner giving the applicant permission to apply for the special use permit and to use the property for the duration of the special use permit.

Notwithstanding anything contained in Section 16-163 of this Code, a special use permit for a promotional use may be issued by the Planning Director without a public hearing before the Board of Aldermen.

(e)

Dimensional regulations.

(1)

Lot area and width requirements.

a.

Minimum lot area: four thousand (4,000) square feet.

b.

Minimum lot dimensions: one hundred (100) feet deep; forty (40) feet wide.

(2)

Minimum setbacks.

a.

Front yard: ten (10) feet.

b.

Side yard: zero (0) feet.

c.

Rear yard: zero (0) feet.

(3)

Maximum impervious coverage: one hundred percent (100%).

(4)

Maximum height: thirty (30) feet.

(f)

Development standards.

(1)

All development shall be designed so that for the given location, egress points, grading and other elements of the development satisfy the requirements set forth below to the greatest extent practicable:

a.

Reduce disruption to the existing terrain, vegetation or other natural site features;

b.

Improve pedestrian or vehicle safety within the site and egressing from it; and

c.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures.

(2)

All development including buildings, walls and fences shall be so sited to:

a.

Complement existing development in scale and location;

b.

Provide an adequate system of sidewalk or an off-road system of pedestrian and bicycle trails of greater than four (4) feet in width;

c.

Create pocket parks or green spaces that are accessible to the public and at a minimum provide seating and landscaping; and

d.

Follow the existing terrain and avoid trees, rock outcroppings and natural drainage patterns.

(Ord. 2013-46 §2)

Sec. 16-98. - District characteristics.

The remainder of the gaming and entertainment area has been divided into three (3) distinct zoning districts, in order to recognize the unique characteristics of each of the areas comprising the districts. The remaining three (3) zoning districts for gaming and entertainment are identified as:

(1)

Core Gaming (CG). The CG zoning district may be generally established in the historic commercial core of the City. Historical development was characterized by two- to three-story, flat-faced, flat-roofed commercial structures that were located close together with narrow setbacks from public rights-of-way. They were typically rock, brick and wooden structures with parapet walls serving as storefronts.

(2)

Millsite Gaming (MG). The MG zoning district may be generally established in the area located along Highway 119 and adjacent to North Clear Creek. This area was historically composed of millsites and mill buildings which were prominent features in the City's early history when it was a prosperous mining town. The area between buildings was more spacious than in the core commercial area, as were the setbacks from the right-of-way. Orientation of these buildings had been primarily towards both Clear Creek and public roadways.

(3)

Transitional Gaming (TG). The TG zoning district shall be established in those other areas in which gaming is legal, as allowed by constitutional amendment and which were in the City's early mining history comprised mainly of residential structures.

(Ord. 2013-46 §2)

Sec. 16-99. - Purpose.

The common purpose for the remaining three (3) gaming and entertainment zoning districts is to encourage the sustained economic viability of the community by allowing gaming and entertainment and encouraging a complementary mix of retail, services, restaurants and lodging accommodations in a manner which preserves and enhances the historical buildings, structures and features of these areas and the prominence of mining in the City's early history.

(Ord. 2013-46 §2)

Sec. 16-100. - Objectives.

The objectives of the remaining three (3) gaming and entertainment zoning districts are to:

(1)

Allow gaming and entertainment as the stimulus for the continued revitalization and sustained economic viability of the community.

(2)

Restore and preserve existing historical commercial style, mill style and residential style buildings and structures and allow for the development of complementary new buildings and structures of consistent architecture and character.

(3)

Encourage a safe pedestrian-oriented environment with transportation features that minimize vehicular traffic and visual impact on the historical character of the area.

(4)

Minimize noise and traffic impacts of gaming and related activities on residential neighborhoods.

(Ord. 2013-46 §2)

Sec. 16-101. - Use regulations.

(a)

Permitted principal uses.

(1)

Gaming and entertainment, including casinos established pursuant to State statute, provided that casino activities may not represent more than thirty-five percent (35%) of the gross floor area of the building or structure in which they are contained.

(2)

Retail and services.

(3)

Lodging accommodations.

(4)

Restaurants.

(5)

Bars and lounges.

(6)

Indoor recreation and amusement.

(7)

Offices.

(8)

Parking.

(b)

Permitted accessory uses. Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot. Utility infrastructure if it is needed to serve the area in which it is located and is so designed so as to be nonobtrusive and blend in with the surrounding area.

(c)

Special review uses.

(1)

Special community events such as fairs and carnivals may be permitted if they are generally supported by the community as a whole and do not to exceed two (2) weeks in duration.

(2)

Outdoor sales and services may be permitted if they are within the permitted minimum setbacks.

(3)

Surface transportation-related facilities such as private shuttle stops not located on public rights-of-way and shuttle stations with indoor areas designed for passenger waiting and comfort.

(4)

Fixed guideway transportation systems such as trains, cogways and aerial tramways. Fixed guideway transportation systems shall be subject to specific regulations found in Section 16-363(g).

(5)

Temporary promotional uses. Temporary tents, air structures, trailers, recreation/commercial vehicles, carts, wagons and booths that are used solely to promote the initial grand opening of a casino within the gaming and entertainment district may be allowed when they meet the following criteria:

a.

They provide a positive impact in the gaming and entertainment district, as determined by the public hearing, which includes, but is not limited to, aesthetics, site design, architectural compatibility and impacts on traffic.

b.

They are located entirely on private property.

c.

There is access to the promotional use from a public right-of-way.

d.

All required setbacks for the district in which the promotional use is located will be satisfied.

e.

There is parking onsite for the promotional use in amount equal to one (1) space for every fifty (50) feet of a promotional use.

f.

The duration of the promotional use is ninety (90) days, which may be extended for an additional thirty (30) days, or when the permitted principal use that is being promoted is opened, whichever occurs first.

g.

In addition to the requirements contained in Section 16-363 of the Code, the application for a special use permit shall include an authorization letter from the legal property owner giving the applicant permission to apply for the special use permit and to use the property for the duration of the special use permit.

Notwithstanding anything contained in Section 16-163 of this Code, a special use permit for a promotional use may be issued by the Planning Director without a public hearing before the Board of Aldermen.

(Ord. 2013-46 §2)

Sec. 16-102. - Dimensional regulations.

(a)

Lot area and width requirements.

(1)

Minimum lot area:

a.

CG: two thousand (2,000) square feet.

b.

MG: four thousand (4,000) square feet.

c.

TG: four thousand (4,000) square feet.

(2)

Minimum lot dimensions:

a.

CG: one hundred (100) feet deep; forty (40) feet wide.

b.

MG: one hundred (100) feet deep; forty (40) feet wide.

c.

TG: fifty (50) feet deep; forty (40) feet wide.

(b)

Minimum setbacks.

(1)

Front yard.

a.

CG: ten (10) feet.

b.

MG: ten (10) feet.

c.

TG: ten (10) feet.

(2)

Side yard.

a.

CG: zero (0) feet.

b.

MG: fifteen (15) feet.

c.

TG: three (3) feet.

(3)

Rear yard.

a.

CG: zero (0) feet.

b.

MG: ten (10) feet.

c.

TG: ten (10) feet.

(4)

Twenty (20) feet from the ordinary high water line of North Clear Creek.

(c)

Maximum impervious coverage.

(1)

CG: one hundred percent (100%).

(2)

MG: ninety percent (90%).

(3)

TG: eighty percent (80%).

(d)

Maximum height.

(1)

CG: thirty (30) feet.

(2)

MG: forty (40) feet.

(3)

TG: thirty (30) feet.

(Ord. 2013-46 §2)

Sec. 16-102.5. - District development standards.

(a)

All development shall be designed so that for the given location, egress points, grading and other elements of the development satisfy the requirements set forth below to the greatest extent practicable:

(1)

Reduce disruption to the existing terrain, vegetation or other natural site features;

(2)

Minimize adverse impacts on any existing or planned residential uses;

(3)

Improve pedestrian or vehicle safety within the site and egressing from it; and

(4)

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures.

(b)

All development including buildings, walls and fences shall be so sited to:

(1)

Complement existing development in scale and location;

(2)

Provide an adequate system of sidewalk or an off-road system of pedestrian and bicycle trails of greater than four (4) feet in width;

(3)

Create pocket parks or green spaces that are accessible to the public and at a minimum provide seating and landscaping; and

(4)

Follow the existing terrain and avoid trees, rock outcroppings and natural drainage patterns.

(Ord. 2013-46 §2)

Sec. 16-103. - District characteristics.

HD zoning districts are intended for and may be established in those moderately to steeply sloped hillside areas that are contiguous to an existing gaming and entertainment zoning district.

(Ord. 94-11 §1, 1994)

Sec. 16-104. - Purpose.

The purpose of the HD zoning district is to allow uses which are supportive of and related to the gaming and entertainment zoning districts, while providing a transition to less intensely developed districts as well as to accommodate uses which can rely on roads and facilities which primarily provide access to the gaming and entertainment district.

(Ord. 94-11 §1, 1994)

Sec. 16-105. - Objectives.

The objectives of the HD zoning district are to:

(1)

Encourage the continued development of the gaming and entertainment zoning districts by providing appropriate locations for moderate density residential uses and accommodations and related services oriented to serving the tourist and short term visitor, including inns, hotels, lodges, tourist homes and bed and breakfast establishments, along with restaurants and services to support these guests, residents and employees.

(2)

Accommodate an intermixture of complementary compatible uses located on the same property.

(3)

Develop a mix of uses that encourages pedestrian movement between a variety of places and the gaming and entertainment zoning districts, particularly as circulation requirements in these areas may be difficult to accommodate by automobile.

(Ord. 94-11 §1, 1994)

Sec. 16-106. - Use regulations.

(a)

Permitted principal uses. The following principal uses are permitted as a right, except special review is required if the floor area associated with any one (1) principal permitted use will be greater than sixty-five percent (65%) of the gross floor area on the lot.

(1)

Residences of all types not exceeding thirty (30) units per acre.

(2)

Lodging accommodations.

(3)

Retail and services.

(4)

Restaurants.

(5)

Bars and lounges.

(6)

Recreation and amusement.

(7)

Offices.

(8)

Meeting halls.

(9)

Neighborhood parks and common areas.

(10)

Public facilities.

(b)

Permitted accessory uses.

(1)

Uses which are customarily incidental to any of the permitted principal uses and are located on the same lot.

(2)

Parking as specified at Section 16-263 of this Chapter.

(3)

Utility infrastructure if it is needed to serve the area in which it is located and is so designed so as to be nonobtrusive and blend in with the surrounding area.

(c)

Special review uses.

(1)

Any of the above permitted uses greater than sixty-five percent (65%) of the gross floor area on the lot is associated with that use, may be permitted if a range of different uses are shown to exist in immediate proximity to the proposed use, and the uses are designed to be consistent with the desired character of the area and do not adversely affect other users in the area, and such uses are accessible from the proposed use by sidewalks of at least four (4) feet in width.

(2)

Surface transportation-related facilities such as private shuttle stops not located on public rights-of-way and shuttle stations with indoor areas designed for passenger waiting and comfort.

(3)

Fixed guideway transportation systems such as trains, cogways and aerial tramways. Fixed guideway transportation systems shall be subject to specific regulations found in Section 16-363(6).

(Ord. 94-11 §1, 1994; Ord. 2000-23 §§7, 8)

Sec. 16-107. - Dimensional regulations.

(a)

Lot area and width requirements.

(1)

Minimum lot area: twenty thousand (20,000) square feet.

(2)

Minimum lot dimensions:

a.

Fifty (50) feet wide.

b.

Seventy-five (75) feet deep.

(b)

Setbacks.

(1)

Front yard: ten (10) feet.

(2)

Side yard: ten (10) feet.

(3)

Rear yard: twenty (20) feet.

(c)

Maximum impervious coverage: sixty percent (60%).

(d)

Maximum height: twenty-seven (27) feet.

(Ord. 94-11 §1, 1994)

Sec. 16-108. - District development standards.

(a)

All development shall be designed so that for the given location, egress points, grading and other elements of the development satisfy the requirements set forth below to the greatest extent practicable:

(1)

Reduce disruption to the existing terrain, vegetation or other natural site features;

(2)

Minimize adverse impacts on any existing or planned residential uses;

(3)

Improve pedestrian or vehicle safety within the site and egressing from it; and

(4)

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures.

(b)

All development including buildings, walls and fences shall be so sited to:

(1)

Complement existing development in scale and location;

(2)

Provide an adequate system of sidewalk or an off-road system of pedestrian and bicycle trails of greater than four (4) feet in width;

(3)

Create pocket parks or green spaces that are accessible to the public and at a minimum provide seating and landscaping; and

(4)

Follow the existing terrain and avoid trees, rock outcroppings and natural drainage patterns.

(Ord. 94-11 §1, 1994)

Sec. 16-109. - District characteristics.

LM zoning districts are intended for and may be established in those areas which are relatively flat or moderately sloped, and are accessible by arterial or collector streets.

(Ord. 94-11 §1, 1994)

Sec. 16-110. - Purpose.

The purpose of the LM zoning district is to allow for various scales of development in areas where a mix of residential, commercial and/or institutional uses may be appropriate, providing needed services and amenities for both residents and visitors and encouraging the development of uses requiring large tracts of relatively flat land and adequate transportation access to locate in these areas.

(Ord. 94-11 §1, 1994)

Sec. 16-111. - Objectives.

The objectives of the LM zoning district are to:

(1)

Encourage clustered housing with a variety of housing types.

(2)

Accommodate and promote the development of uses which serve Gilpin County residents, and help to diversify the area's economic base and expand employment opportunities.

(3)

Encourage large scale developments, such as a school, hospital or convention center to locate in areas with suitable topography.

(4)

Allow for the development of architectural and building styles which, while they should be sensitive to the naturally scenic, mountain environment in which they are built, need not reflect the historic character of development called for in zoning districts which are in visual proximity of the historic core areas.

(Ord. 94-11 §1, 1994)

Sec. 16-112. - Use regulations.

(a)

Permitted principal uses. Any of the following uses, provided that the gross floor area of a single building or structure containing the use does not exceed thirty thousand (30,000) square feet.

(1)

Single and multifamily dwelling units, with a maximum density of twenty (20) units per acre.

(2)

Large scale, area-wide uses which may include a school, church, hospital, convention center or recreation facility.

(3)

Trade services.

(4)

Utility infrastructure and offices.

(5)

Offices.

(6)

Retail and services.

(7)

Lodging accommodations.

(8)

Neighborhood and community parks.

(9)

Outdoor recreational facilities.

(10)

Indoor recreation and amusement.

(11)

Area-wide transportation and parking facilities.

(12)

Restaurants.

(13)

Repair and equipment shops.

(14)

Automobile service stations and dealerships.

(b)

Permitted accessory uses.

(1)

Uses which are customarily incidental to any of the principal uses and are located on the same lot.

(2)

Parking as specified at Section 16-263 of this Chapter.

(c)

Special review uses.

(1)

Any of the permitted principal uses where the gross floor area of a single building containing the use exceeds thirty thousand (30,000) square feet, may be permitted if the building and accessory facilities are designed to be consistent with the desired character of the area, and do not adversely affect other uses in the area.

(2)

Surface transportation-related facilities such as private shuttle stops not located on public rights-of-way and shuttle stations with indoor areas designed for passenger waiting and comfort.

(3)

Fixed guideway transportation systems such as trains, cogways and aerial tramways. Fixed guideway transportation systems shall be subject to specific regulations found in Section 16-363(6).

(Ord. 94-11 §1, 1994)

Sec. 16-113. - Dimensional regulations.

(a)

Lot area and width requirements.

(1)

Minimum lot area: twenty thousand (20,000) square feet.

(2)

Minimum lot dimensions:

a.

One hundred fifty (150) feet deep.

b.

One hundred fifty (150) feet wide.

(b)

Minimum setbacks.

(1)

Front yard: twenty-five (25) feet.

(2)

Side yard: fifteen (15) feet.

(3)

Rear yard: fifteen (15) feet.

(c)

Maximum impervious coverage: forty percent (40%).

(d)

Maximum height: thirty-five (35) feet.

(Ord. 94-11 §1, 1994)

Sec. 16-114. - District development standards.

(a)

All development shall be designed so that for the given location, egress points, grading and other elements of the development satisfy the requirements set forth below to the greatest extent practicable:

(1)

Reduce disruption to the existing terrain, vegetation or other natural site features;

(2)

Decrease the amount of development on slopes of greater than eight percent (8%);

(3)

Minimize adverse impacts on any existing or planned residential uses;

(4)

Improve pedestrian or vehicle safety within the site and egressing from it;

(5)

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures;

(6)

Reduce the volume of cut and fill; grades created by new cuts or fills shall not exceed 3.5:1; and

(7)

Reduce the number of removed trees measuring four (4) inches in diameter and taller than five (5) feet above ground level.

(b)

All development including buildings, walls and fences shall be so sited to:

(1)

Complement existing development in scale and location; and

(2)

Follow the existing terrain and avoid trees, rock outcroppings and natural drainage patterns.

(Ord. 94-11 §1, 1994)

Sec. 16-115. - District characteristics.

LI zoning districts may be established in those areas that are appropriate for industrial locations, having access to major streets and a low likelihood of conflict with other uses, as well as a low potential for adverse impacts on the overall visual image of key areas, including entry ways into the community.

(Ord. 94-11 §1, 1994)

Sec. 16-116. - Purpose.

The purpose of the LI zoning district is to accommodate a range of industrial activities that are of limited intensity, such as research and development institutions, warehousing and wholesaling and small-scale production, fabrication, assembly or processing activities, to help provide a diversified employment base for the community.

(Ord. 94-11 §1, 1994)

Sec. 16-117. - Objectives.

The objectives of the LI zoning district are to allow for light industrial uses that may serve and provide jobs for the City and the surrounding area, in a manner which minimizes adverse impacts on adjacent uses and the community.

(Ord. 94-11 §1, 1994)

Sec. 16-118. - Use regulations.

(a)

Permitted principal uses. Any of the following uses, provided that outside storage and activity areas, other than employee and visitor parking or loading areas, do not exceed fifteen percent (15%) of the lot area:

(1)

Repair and trade services.

(2)

Warehouse and wholesale activities, excluding explosives or any materials that are classified as toxic or hazardous under state and federal law.

(3)

Utility infrastructure and offices.

(4)

Research and development facilities.

(5)

Commercial laundries and dry cleaning.

(6)

Printing or publishing facilities.

(7)

Vocational training center, school.

(8)

Production, fabrication or assembly activities.

(9)

Retail sales of products produced by the primary light industrial use.

(10)

Sexually oriented business subject to Subsection (e) below.

(11)

A pawn shop, if it is not established, operated or maintained within one thousand (1,000) feet of any gaming and entertainment zoning district.

(b)

Permitted accessory uses.

(1)

Uses which are customarily incidental to any of the principal uses and are located on the same lot subject to the restrictions on outside activities cited above for the permitted principal uses.

(2)

Parking as specified at Section 16-263 of this Chapter.

(c)

Special review uses.

(1)

Any of the permitted uses requiring an outside storage or activity area that is equal to or greater than fifteen percent (15%) of the lot area may be permitted if such outside uses will not have an adverse impact on existing uses in the area, including but not limited to safety, noise, odor, light or visual impacts.

(2)

A storage or warehouse facility for materials or equipment such as explosives or any materials that are classified as toxic or hazardous under state and federal law may be permitted if such a use demonstrates continuing compliance with state and federal requirements and will not have an adverse impact on existing uses in the area, including but not limited to safety, noise, odor, light or visual impacts.

(3)

A pawn shop, may be permitted if it is not established, operated or maintained within one thousand (1,000) feet of any gaming and entertainment zoning district.

(d)

Prohibited uses. Reserved.

(e)

Specific regulations for sexually oriented businesses.

(1)

Sexually oriented businesses shall be located a minimum of one thousand five hundred (1,500) feet from any:

a.

Area zoned for residential use;

b.

Single-family, two-family or multifamily dwelling;

c.

Church, public park or library;

d.

State-licensed day-care facility (child or adult);

e.

School or educational facility, serving persons age eighteen (18) or younger; or any other sexually oriented business.

Distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of each business. Distance between any sexually oriented business and any church, school, public park, dwelling unit (single or multiple) or residential district shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted to the nearest property line of the premises of a church, school or dwelling unit (single or multiple) or the nearest boundary of an affected public park or residential district.

(2)

Sexually explicit advertisements or other promotional displays for sexually oriented businesses that are harmful to minors shall not be visible to minors from pedestrian ways, walkways or other public areas.

(3)

Sexually oriented businesses are not permitted as an industrial use in a PUD Planned Unit Development District.

(4)

Sexually oriented businesses and pawnshops are not permitted in any zone district other than the LI Limited Industrial District.

(Ord. 94-11 §1, 1994)

Sec. 16-119. - Dimensional regulations.

(a)

Lot area and width requirements.

(1)

Minimum lot area: four thousand (4,000) square feet.

(2)

Minimum lot dimensions:

a.

One hundred (100) feet deep.

b.

Forty (40) feet wide.

(b)

Minimum setbacks.

(1)

Front yard: twenty-five (25) feet.

(2)

Side yard: ten (10) feet.

(3)

Rear yard: twenty (20) feet.

(4)

Forty (40) feet from the normal high water line of North Clear Creek.

(c)

Maximum impervious coverage: ninety percent (90%).

(d)

Maximum height: thirty-five (35) feet.

(Ord. 94-11 §1, 1994)

Sec. 16-120. - District development standards.

All development shall be designed so that for the given location, egress points, grading and other elements of the development satisfy the requirements set forth below to the greatest extent practicable:

(1)

Reduce disruption to the existing terrain, vegetation or other natural site features;

(2)

Minimize adverse impacts on residential uses in the area;

(3)

Improve vehicle safety within the site and egressing from it;

(4)

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures; and

(5)

Reduce the number of removed trees measuring four (4) inches in diameter and taller than five (5) feet above ground level.

(Ord. 94-11 §1, 1994)

Sec. 16-121. - Purpose and objectives.

(a)

Purpose. The purpose of the HARD zoning district is to accommodate and allow for areas owned by, dedicated to, purchased, or acquired by the City, or dedicated to a public use, which allows for the City to provide recreation, both passive and active, and destination activities for the residents and visitors of the City. In addition, the purpose of the HARD zoning district is to accommodate and allow for areas intentionally left free from development, for the preservation of wildlife corridors/habitats, scenic viewsheds, cultural and historical areas, landmarks, and natural resources, including forest lands, range lands, agricultural lands, and lakes, reservoirs, and water storage facilities allowing for passive and active recreation.

(b)

Objectives. The objectives of the HARD zoning district are to allow for such uses that are dedicated to serving the public, and to minimize the adverse impacts and adjacent uses and the community. Within the commercial land use areas of the district, the close proximity of buildings to each other and their close proximity to the street will create a personal commercial experience. In addition, the objectives of the HARD zoning district are to allow for such uses that are dedicated to serving the public and may include passive recreational activities, as well as active recreational activities such as mountain biking, hiking, and water sports associated with lakes, reservoirs, and water storage facilities.

(Ord. 2013-14 §2; Ord. 2019-21 § 5)

Sec. 16-122. - Use regulations.

(a)

Permitted principal uses.

(1)

Public office buildings;

(2)

Public parking lots;

(3)

Nature center/picnic area/trailhead;

(4)

Trails (hard or soft surface);

(5)

Water storage facilities, including reservoirs allowing for passive and active recreation; and

(6)

Public pedestrian malls, including retail facilities on said malls, regardless of whether such facilities are publicly owned so long as they are dedicated to a public use.

(7)

Marijuana establishments, retail, medical or dual.

(b)

Permitted accessory uses. Uses which are customarily incidental to any of the principal uses and are located on the same lot.

(c)

Dimensional regulations.

(1)

Minimum lot area: none.

(2)

Minimum lot dimensions:

a.

Fifty (50) feet deep.

b.

Twenty (20) feet wide.

(3)

Minimum setbacks.

a.

Front yard: zero (0) feet.

b.

Side yard: zero (0) feet.

c.

Rear yard: zero (0) feet.

(4)

Maximum height: thirty-five (35) feet.

(Ord. 2013-14 §2; Ord. 2013-44 §1; Ord. 2019-21 § 6)

Sec. 16-123. - Purpose and objectives.

(a)

The purpose of the HAP zoning district is to accommodate and allow for areas owned by, dedicated to, purchased, or acquired by the City, or dedicated to a public use, which contain buildings and/or uses which contain historic structures and/or uses or which otherwise preserve the identity and culture of the City.

(b)

Objectives. The objectives of the HAP zoning district are to allow for such uses that are dedicated to serving the public, to further the preservation and restoration of all components of the City, and to minimize the adverse impacts and adjacent uses and the community.

(Ord. 2013-14 §3)

Sec. 16-124. - Use regulations.

(a)

Permitted principal uses.

(1)

Public office buildings;

(2)

Public parking lots; and

(3)

Other public facilities or facilities dedicated to a public use.

(b)

Permitted accessory uses. Uses which are customarily incidental to any of the principal uses and are located on the same lot.

(c)

Dimensional regulations.

(1)

Minimum lot area: none.

(2)

Minimum lot dimensions: none.

(3)

Minimum setbacks: none

(4)

Maximum height: thirty-five (35) feet.

(Ord. 2013-14 §3)

Sec. 16-125. - Purpose and objectives.

(a)

Purpose. The purpose of the PF zoning district is to accommodate and allow for areas owned by, dedicated to, purchased, or acquired by public or quasi-public entities such as the City or any special district or governmental authority which are not compatible with the purpose and objectives of the HARD or HAP districts.

(b)

Objectives. The objectives of the PF zoning district are to allow for such uses that are dedicated to serving the public, and to minimize the adverse impacts and adjacent uses and the community.

(Ord. 2013-14 §4)

Sec. 16-126. - Use regulations.

(a)

Permitted principal uses.

(1)

Public buildings;

(2)

Public garages;

(3)

Maintenance facilities and shops dedicated to a public use;

(4)

Public schools;

(5)

Public water and sewer facilities;

(6)

Public parking lots;

(7)

CMRS facilities in accordance with Article XVIII of this Chapter 16 of the Black Hawk Municipal Code;

(8)

Fire protection facilities; and

(9)

Other facilities dedicated to a public use by a public or quasi-public entity.

(b)

Permitted accessory uses. Uses which are customarily incidental to any of the principal uses and are located on the same lot

(c)

Dimensional regulations.

(1)

Minimum lot area: none.

(2)

Minimum lot dimensions:

a.

One hundred (100) feet deep.

b.

Forty (40) feet wide.

(3)

Minimum setbacks.

a.

Front yard: zero (0) feet.

b.

Side yard: ten (10) feet.

c.

Rear yard: twenty (20) feet.

(4)

Maximum height: forty-five (45) feet.

(Ord. 2013-14 §4)