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MEMORANDUM .)AMBASELINE <br />To: Cindy Linker, CPD Administrator <br />From: Julie Esterl, Baseline Corporation <br />Approved By: Vincent Harris, AICP <br />Date: January 17, 2018 <br />RE: Golden Gilpin Mill Nonconforming Status <br />CC: Vince Hooper, PMP — Senior Planner <br />Ethan Watel, AICP — Senior Planner <br />Corey Hoffmann, Black Hawk City Attorney <br />Brady McShane, Greenberg Traurig, LLP <br />Project Name: Golden Gilpin Mill <br />Address: Millsites 10 & 11 Highway 119 <br />Project No.: P-17-20 <br />Project Mg.: Julie Esterl <br />As requested, we have performed further research into the property located on Highway 119 in Black <br />Hawk, and described as the Golden Gilpin Mill (Parcel Ids. 1833-072-01-022 and 1833-072-01-035). This <br />property is zoned Environmental Character Preservation (ECP) The Gilpin County Assessor indicates <br />that the existing structure was built in 1932. It is unclear the exact date that the mill closed, but it is safe <br />to say that it had ceased operation by 1994 when the ECP zone district was established in the current <br />Black Hawk Municipal Code. <br />If the mill had been in operation in 1994, mining would have become a nonconforming use on the <br />property at that time. Because the mill was closed in 1994 and continues to be closed, there is no current <br />nonconforming use on the property. Upon the widening of Highway 119 in years past, it appears the <br />existing building (not a use) became non -conforming in regards to 'setbacks'. This we have determined <br />based on the Improvement Location Certificate dated 414-17. <br />Further research into the Black Hawk Municipal Code, and particularly Section 16-367 — Nonconforming <br />Uses, Structures, Lots and Parking, describes ways in which nonconforming uses may continue, be <br />modified or expanded. However, In this case, since there is no nonconforming use, these regulations do <br />not really apply to this situation related to regulating 'use'. The Municipal Code also addresses <br />nonconforming structures to buildin-tl, and that language is as follows: <br />Sec 16-367(c) Nonconforming structures <br />(1) All nonconforming structures shall comply with the provisions of the International Building Code <br />and with all otherprovisions of this Code not inconsistent herewith. <br />(2) The continued use of any structure shall be subject to the following conditions: <br />a. Continued use of a nonconforming structure is allowed if the structure is nonconforming as of <br />the effective date of this Code. <br />b. If use of a nonconforming structure is ancillary to the primary use on the site, changing the <br />use in the nonconforming structure to any primary use allowed in the zoning district would be <br />considered an increase in intensity of the nonconformance and would not be permitted unless <br />a variance was granted for the nonconforming structure. <br />(3) Expansion by increasing the size of the exterior of a nonconforming structure is allowed if the <br />expansion does not increase the extent nor the Intensity of nonconformance, and does not <br />expand or create a nonconforming use. Without limiting the foregoing: <br />a. If the structure exceeds applicable lot coverage requirements, expansion shall not be <br />allowed. <br />b. If the structure is located on a lot which does not meet the minimum lot area required In the <br />applicable zoning district, expansion may be allowed if it can be accomplished in compliance <br />Attachment 6 <br />