The Historic and Architectural Review Overlay District is created to enhance and preserve the unique historic and architectural features contained with the City. The requirements of the provisions set forth in this Article VI shall be in addition to the zoning district requirements found within this Chapter.

(Ord. 94-11 §1, 1994; Ord. 99-40 §1)

All new development and exterior renovations shall comply with Section 16-368 of this Chapter. This Chapter applies to all zoning districts located in the City.

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

The Floodplain Overlay District is created to protect the general health, safety and welfare of area residents and property owners.

(Ord. 94-11 §1, 1994)

All new developments in the floodplain district, as defined by the Federal Emergency Management Agency (FEMA) in 1984, and adopted in Chapter 18, Article XI of this Code shall be subject to the regulations contained therein.

(Ord. 94-11 §1, 1994)

The PUD Overlay Zone District is created to facilitate the achievement of the purposes and objectives of this Chapter, the Comprehensive Plan and other City-wide plans adopted by the City when the applicant can demonstrate that flexibility from the provisions of the existing zoning will result in higher quality development and when one (1) or more of the following purposes can be achieved:

(1)

The provision of necessary commercial, recreational and educational facilities conveniently located to housing;

(2)

The provision of well located, clean, safe and pleasant limited industrial sites involving a minimum of strain on transportation facilities;

(3)

The encouragement of innovations in residential, commercial and limited industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings;

(4)

The encouragement of a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economics may inure to the benefit of those who need homes;

(5)

A lessening of the burden of traffic on streets and highways;

(6)

Conservation of the value of the land; and

(7)

Preservation of the site's natural characteristics.

(Ord. 94-11 §1)

(a)

Applicability and scope. Applications for planned unit development zoning may be made for land located in any zoning district.

(b)

Conformity with the City's comprehensive plan required. No PUD shall be approved unless it is found by the Board of Aldermen to be in general conformity with the City's Comprehensive Plan.

(c)

Approval conditions. The Board of Aldermen may approve a proposed PUD overlay designation upon a finding that it will implement the purposes of this Chapter and will meet the purposes, standards and requirements set forth in this Section.

(d)

PUD Master Plan. The approved PUD zoning and the approved PUD plan along with all exhibits are inseparable, and a PUD shall not be established without the approval of the related PUD plan. The approved PUD zoning and the approved PUD plan and all exhibits together establish the uses permitted, character of the development and any modification to the zoning regulations which were theretofore applicable.

(e)

Minimum land area. The minimum size of a parcel of land that may comprise a PUD is any lot or parcel of record within the City.

(Ord. 94-11 §1)

In general, all permitted and special review uses in any zoning district may be allowed in a PUD, subject to the provisions of this Chapter.

(1)

Internal compatibility of design elements. It is recognized that certain individual land uses, regardless of their adherence to all the design elements provided for in this Chapter, might not exist compatibly with one another. Therefore, a proposed PUD shall be considered from the point of view of the relationship and compatibility of the individual elements of the plan and no PUD shall be approved which contains incompatible elements.

(2)

Uses specified.

a.

Subsequent to approval of a PUD, uses allowed within a PUD shall be limited to those specifically listed or to those in underlying zone district.

b.

Uses shall be indicated in the PUD ordinance and on the PUD plan and shall use the symbols indicated in the sections of the zoning districts.

c.

PUDs with a net area of less than one (1) acre may be limited by the Board of Aldermen to the uses and densities allowed in the zoning district on which the site of the proposed PUD is located or to those densities or uses allowed in any zoning district immediately adjacent to the proposed PUD site.

(3)

Residential density; restrictions. The maximum allowable residential density in a planned unit development shall be those indicated in the residential development standards.

(4)

Common open space; area required. Twenty-five percent (25%) of the total area within the boundary of any PUD shall be devoted to usable and accessible common open space; provided, however, that the Board of Aldermen may reduce such requirement if it finds that such decrease is warranted by the design of and the amenities and features incorporated into the plan and that the needs of the occupants of the PUD for common open space can be met in the proposed PUD and the surrounding area.

(Ord. 94-11 §1; Ord. 98-33 §6)

(a)

Modification of development standards of this Chapter.

(1)

At the time of zoning a PUD, the Board of Aldermen may modify the specifications, standards or requirements of this Chapter (including but not limited to setbacks, yard requirements, street graphics, parking and landscape requirements and supplementary regulations) when development standards contained in the proposed PUD specifically establish different specifications, standards and requirements applicable to uses in that planned unit development.

(2)

Unless specifically modified by development standards approved by the Board of Aldermen as a part of the ordinance creating the PUD, uses within a PUD shall comply with the development standards and occupancy restrictions applicable to the underlying zone district.

(3)

Lot area and coverage, setbacks and clustering. In a multi-lot PUD the averaging of lot areas shall be permitted to provide flexibility in design and to relate lot size to topography, but each lot shall contain an acceptable building site. The clustering of development with usable common open areas shall be permitted to encourage provision for and access to common open areas and to save street and utility construction and maintenance costs. Such clustering is also intended to accommodate contemporary building types which are not spaced individually on their own lots but share common side walls, combined service facilities or similar architectural innovations, whether or not providing for separate ownership of land and buildings.

(b)

Site plan criteria; requirements generally. The PUD shall meet the following site plan criteria unless the applicant can demonstrate that one (1) or more of them is not applicable or that another practical solution has been otherwise achieved:

(1)

The PUD shall have an appropriate relationship to the surrounding area, without having unreasonable adverse effects on the surrounding area.

(2)

The PUD shall provide an adequate internal street circulation system designed for the type of traffic generated, safety, separation from living areas, convenience and access. Private internal streets may be permitted, provided that adequate access for police and fire protection is maintained and provisions for using and maintaining such streets are imposed upon the private users and approved by the Board of Aldermen. Bicycle traffic shall be provided for if appropriate for the land use.

(3)

The PUD shall provide parking areas in conformance with the minimum site development standards of this Chapter in terms of number of spaces for each use, location, dimensions, circulation, landscaping, safety, convenience, separation and screening.

(4)

The PUD shall provide common open space adequate in terms of location, area and type of the common open space and in terms of the uses permitted in the PUD. The PUD shall strive for optimum preservation of the natural features of the terrain.

(5)

The PUD shall provide for a variety in housing types and densities, other facilities and common open space.

(6)

The PUD shall provide adequate privacy between dwelling units.

(7)

The PUD shall provide pedestrian ways adequate in terms of safety, separation, convenience, access to points of destination and attractiveness.

(8)

The maximum height of buildings may be increased above the maximum permitted for like buildings in other zoning districts in relation to the following characteristics of the proposed building:

a.

Its geographic location;

b.

The probable effect on surrounding slopes and mountain terrain;

c.

Unreasonable adverse visual effects on adjacent sites or other areas in the vicinity;

d.

Potential problems for adjacent sites caused by shadows, loss of air circulation or loss of view;

e.

Influence on the general vicinity, with regard to extreme contrast, vistas and open space;

f.

Uses within the proposed building; and

g.

Fire protection needs.

(Ord. 94-11 §1, 1994)

(a)

Common open space; maintenance requirements. The common open space of a PUD may be owned and maintained by the property owners within the PUD or by an organization chosen therefrom or thereby. In the event that the organization established to own and maintain open space or any successor organization shall at any time after establishment of the PUD fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Board of Aldermen may serve written notice upon such organization or upon the residents of the PUD setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing the Board of Aldermen may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty (30) days or any extension granted, the Board of Aldermen, in order to preserve the taxable values of the properties within the PUD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space except when the same has been voluntarily dedicated to the public by the owners. Before the expiration of the year, the Board of Aldermen shall, upon its initiative or upon the written request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing, upon notice to such organization or to the residents of the PUD, to be held by the Board of Aldermen, at which hearing such organization or the residents of the PUD shall show cause why such maintenance by the Board of Aldermen shall not, at the election of the Board of Aldermen, continue for a succeeding year. If the Board of Aldermen determines that such organization is ready and able to maintain the common open space in reasonable condition, the Board of Aldermen shall cease to maintain such common open space at the end of said year. If the Board of Aldermen determines such organization is not ready and able to maintain the common open space in a reasonable condition, the Board of Aldermen may, in its discretion, continue to maintain the common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The cost of such maintenance by the Board of Aldermen shall include actual cost, plus overhead, plus twenty-five percent (25%) and shall be paid by the owners of properties within the PUD that have a right of enjoyment of the common open space, and any unpaid assessments shall become a tax lien on said properties. The Board of Aldermen shall file a notice of such lien in the office of the County Clerk and Recorder upon the properties affected by such lien within the PUD and shall certify such unpaid assessments to the County Commissioners and the County Treasurer for collection, enforcement and remittance in the manner provided by law for the collection, enforcement and remittance of general property taxes.

(b)

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

(c)

Development schedule; completion in stages; time limits.

(1)

The applicant must begin development of the PUD within one (1) year from the time of its final approval; provided, however, that the PUD may be developed in stages. The applicant must complete the development of each stage and of the PUD as a whole in substantial compliance with the development schedule approved by the Board of Aldermen.

(2)

If the applicant does not comply with the time limits imposed by the preceding subsection, the Board of Aldermen shall review the PUD and may revoke approval for the uncompleted portion of the PUD, require that the PUD be amended or extend the time for completion of the PUD.

(3)

Each stage within a PUD shall be so planned and so related to existing surroundings and available facilities and services that failure to proceed to a subsequent stage will not have a substantial adverse impact on the PUD or its surroundings.

(4)

If a PUD contains residential and nonresidential uses, the nonresidential uses may only be constructed in advance of residential uses if the Board of Aldermen finds that such phasing is consistent with sound principles or ordered development and will have no substantial adverse effect on the quality or character of the PUD.

(d)

Plan enforcement and modifications; authority and procedures.

(1)

The provisions of the plan relating to the use of land and the location of the common open space shall run in favor of the City and shall be enforceable in law or equity by the City without limitation on any powers or regulation otherwise granted by law.

(2)

All those provisions of the plan authorized to be enforced by the City may be modified, removed or released by the City subject to the following:

a.

No modification, removal or release of the provisions of the plan by the City shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions by law or in equity;

b.

No substantial modification, removal or release of the provisions of a PUD plan by the City shall be permitted except upon a finding by the Board of Aldermen, following a hearing upon notice as required, that the modification, removal or release is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD or the public interest, and is not granted solely to confer a special benefit upon any person.

(3)

Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the City to enforce the provisions of the plan.

(e)

Procedures for establishing vested property rights. This Section defines a site specific development plan to implement Article 68 of Title 24, C.R.S., for real property located entirely within the Core Gaming, Millsite Gaming, Transitional Gaming and Commercial/ Business Services or a combination of such zone districts.

(1)

A site specific development plan under this Section means a planned unit development plan which is submitted to the City by a landowner of real property located within one (1) of the zoning districts described herein, which describes with reasonable certainty the type and intensity of use for a specific parcel of real property as required by this Article. What constitutes a site specific development plan under this Section that would trigger a vested property right shall be finally determined by the Board of Aldermen pursuant to this Article and upon an agreement entered into between the City and the land owner (the "Site Specific Development Plan Agreement").

(2)

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 Section regarding site specific development plans shall result in no vested property rights being created by the approval or conditional approval of the site development plan.

(3)

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 and agreement shall be accompanied by any terms or conditions imposed on the site specific development plan.

(4)

Approval of a site development plan under this Section shall be valid for three (3) years after the date of the approval or approval with conditions by the Board of Aldermen. If the applicant has not obtained final plat or site plan approval under this Code for the property within said time or the applicant fails to abide by the terms and conditions of the site specific development plan and agreement, the approval of the site specific development plan shall be rescinded.

(5)

Each site specific development plan, upon approval or conditional 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.

(6)

Vested property rights procedures and requirements.

a.

No vested property rights may be created or site specific development plan approved except in compliance with the requirements of this Article and Section 16-362 of this Code.

b.

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.

c.

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 including, but not limited to, subdivision and site plan requirements contained in this Code.

d.

Nothing in this Section 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 Article 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 Article corresponding thereto shall be deemed repealed and no longer effective.

e.

Waiver or forfeiture of vested rights. Failure to abide by any terms or conditions imposed by the City on the approval of any site specific development plan or agreement shall constitute a forfeiture by the landowner of any vested right created by the plan.

(Ord. 94-11 §1; Ord. 98-63 §1)

Subject to approval by the City, the minimum setback for that portion of a lot that is adjacent to a rock wall that supports Marchant or High Streets in the City may be reduced to four (4) feet if the property owner of such lot: (1) provides the City with a four-foot permanent easement across that portion of such lot immediately adjacent to a rock wall, which allows the City to construct, reconstruct or replace such rock wall within the easement; and (2) provides the City with a temporary construction easement to occupy such lot to construct, reconstruct or replace such rock wall.

(Ord. 99-24 §2; Ord. 99-24 §2)