There is established the downtown development district within the city which shall include the area bounded by 141 Street on the south, Clear Creek on the north, Cheyenne Street on the west, and Ford Street on the east. When the downtown development district regulations conflict with zoning district regulations, the provisions of the former shall govern; however, uses prohibited by the zoning district regulations shall prevail.

(Ord. 1821, 2008; Ord. 1635, 2003; Ord. 801, § 1(part), 1978)

The following regulations shall apply to the downtown development district for the development of a more efficient land use and to improve commercial frontage:

(a)

Alley storefront. It is recognized that rear entrance access and upgrading provides convenient access to parking and doubles as "alley storefront." This storefront provides innovative potentials such as landscaped courtyards and outdoor arcades, among other uses.

(1)

Alley setback. The building exterior wall shall set back five feet from the property line. Eaves and overhangs may not extend closer than six inches from the property line. There shall be no intrusions into the setback more than six inches. The setback does not include the basement.

(2)

Alley sidewalk or pedestrian walk. A minimum five-foot alley sidewalk shall be required. Curb ramps for the handicapped and loading shall also be provided. Landscaping may be provided between walk and curb. All sidewalk construction shall be in compliance with the City of Golden's "Street Sidewalk and Drainage Specifications" as those specifications may be amended from time to time.

(b)

Parking. Except as provided herein, the parking and loading requirements contained in chapter 18.36 of the Golden Municipal Code shall apply to properties within the downtown development district.

(1)

Provision of off street parking and loading spaces in the amounts required in chapter 18.36 of the Golden Municipal Code shall not apply to any uses of structures in existence on November 1, 2003, provided that such uses must continue to maintain off street parking in the amounts provided on November 1, 2003, or as provided by chapter 18.36, whichever is less.

(2)

The parking and loading requirements of chapter 18.36 shall not apply to an addition to a structure in existence on November 1, 2003, where such addition would have required the provision of additional parking, provided that such building addition, or combination of building additions over the preceding period of five calendar years, does not exceed the smaller of 25 percent of the existing gross square footage of the building or 1,000 square feet.

(3)

No surface parking lot shall be located within 60 feet of Washington Avenue, and no new vehicular access to Washington Avenue within the district shall be permitted without the prior approval of a special use permit according to the provisions of chapter 18.30 of the Golden Municipal Code.

(4)

In lieu of the provision of parking spaces within the downtown development district, as required by this chapter and chapter 18.36 of the Golden Municipal Code, the owner may request a substituted cash fee in lieu of provision of all or a portion of the otherwise required parking spaces. The request for a substituted cash fee in lieu of the provision of parking shall be presented to city council for a determination whether sufficient public parking to serve the proposed use exists or can become available to serve the use. If city council determines that acceptance of the substituted cash fee is appropriate, said cash fee shall be made to the city prior to building permit issuance, except as provided below for individual tenant change of use. At the option of the city council, an approved substitutional cash fee may be paid in annual installments, including interest, over a multiyear period, subject to a payment agreement acceptable to the city attorney and an annual interest rate set by city council, which shall include provisions for termination of the certificate of occupancy for the affected structure if any periodic payments are not made. The amount of the cash fee per parking space and annual interest rate shall be set by city council resolution based upon the estimated cost for land and construction for a parking space, the rate of return the city realizes for invested funds, and the following table 18.52.025. The amount of the cash fee can be adjusted annually by an appropriate inflation index as designated by the resolution.

a.

New construction, including additions to existing buildings, in the downtown area is expected to satisfy all or substantially all of its parking requirements on-site, without use of a substituted contribution. The substituted contribution is intended for projects involving existing buildings with limited or no on-site parking, and for new construction projects that can physically provide most, but not all, of the on-site parking required by code.

b.

The substituted contribution is only available for non-residential projects or portions of a mixed use project. If the substituted contribution option is considered for a mixed use project, specific on-site parking spaces in an amount that meets or exceeds the parking requirement of chapter 18.36 must be provided for each residential dwelling.

c.

The acceptance of a substituted contribution in lieu of providing on-site parking spaces shall not be construed as conferring any specific rights or benefits to the affected property and/or owner, other than to relieve the property owner of providing the number of on-site parking spaces otherwise required under Title 18 of the Golden Municipal Code. No rights or other warranties regarding the availability or use of public parking spaces are conveyed or otherwise provided.

(Ord. No. 2054, § 1, 3-23-2017; Ord. 1860, § 1, 2009; Ord. 1837, § 1, 2009; Ord. 1821, 2008; Ord. 1635, 2003; Ord. 801, § 1(part), 1978)

For the purposes of setting the amount of substitutional cash fee and interest rate applicable to requests to contribute such substitutional fee in lieu of provision of parking, the following table shall be used. For new construction and building additions, the owner may request either of the options, subject to city council's determination of availability.

(Ord. No. 2054, § 2, 3-23-2017; Ord. 1860, § 2, 2009; Ord. 1821, 2008; Ord. 1635, 2003)