The Black Hawk City Council prohibited short-term rentals during a regular meeting on February 28, 2024, at City Hall, 211 Church Street in Black Hawk. The Council also purchased properties.

City Attorney Corey Hoffmann introduced an ordinance amending Article IV of Chapter 16 of the City of Black Hawk Municipal Code, eliminating short-term rentals as a permitted accessory use in all residential zone districts of the city.

Hoffmann said that at the last meeting the Council had approved an ordinance repealing the Black Hawk Municipal Code prohibiting short-term rental properties in the City of Black Hawk.

The Black Hawk City Council then addressed Council Bill CB5, an ordinance eliminating short-term rentals as a Permitted Accessory Use in all residential zone districts of the city. This is the second component in eliminating short-term rentals in residential zones.

On February 14, the Black Hawk City Council approved Council Bill CB4, an Ordinance repealing Chapter 6, Article XX of the Black Hawk Municipal Code, prohibiting short-term rental properties in the City of Black Hawk. At the current meeting, the Black Hawk City Council now heard Council Bill CB5, an Ordinance amending Article IV of Chapter 16 of the City of Black Hawk Municipal Code, eliminating short-term rentals as a Permitted Accessory Use in all residential zone districts of the city.

On April 26, 2023, by Ordinance 2023-9, in order to regulate short-term rentals for the health, safety, and welfare of the citizens of Black Hawk, the Black Hawk City Council approved an amendment to the definition of short-term rental in Section 16-24 of the Municipal Code to read as follows: “Short-term rental means a dwelling occupied by a paying guest on a temporary or transient basis, not exceeding 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. This amendment included the requirement that a short-term rental be the primary residence of the renter and was intended to prevent absentee landlords and to increase accountability and respect for surrounding property owners.

Since that time, short-term rentals have continued to become an increasing nuisance in a variety of ways to the neighbors, neighborhoods, and residents of Black Hawk. City staff requested the elimination of short-term rentals as a Permitted Accessory Use in all zone districts of the city. Eliminating use as an accessory use means that no proposed STR will be approved or allowed to be used as such in the future in the City of Black Hawk.

The Council approved the ordinance with Alderman Hal Midcap abstaining.

City Manager Stephen Cole introduced resolutions for the purchase of property. A resolution was presented approving the acquisition of certain real estate known as the Lady B Mining Claim, located on Gregory Hill and consisting of 3.84 acres, for $69,120. The property was acquired for the future development of a city park/open space on Gregory Hill.

A resolution approving the acquisition of certain real estate known as lots 1-3, block 43 within the City of Black Hawk, provided for authorization for the City Manager to purchase three residential lots for $10,000 from the Cindy L. Corbett Trust. The property was also acquired to develop a future city park/open space on Gregory Hill.

The Council approved both resolutions.

The Council approved a resolution acknowledging the legal nonconforming structure located at 187 Clear Creek Street.

In 2023, City Council approved a Certificate of Architectural Compatibility (COAC) and a license agreement for the rehabilitation of the single-family residence at 187 Clear Creek Street. This resolution is a followup addressing and acknowledging the structure’s nonconforming status regarding setbacks.

The Council then approved a statement regarding public comments on matters not on the meeting agenda.

Citizen comments regarding any matter not on the agenda will be allowed during the designated time on the agenda and may be disallowed at other times during the meeting. Those wishing to address the City Council must print their names on the sign-in sheet and will be allowed a five-minute presentation per speaker.

Citizens who have signed in may delegate their time to another speaker to comment on their behalf. The Mayor or presiding officer may limit the total time for citizen comments based on the length of an agenda.

In such cases, comments will be received on a first-come, first-served basis during the available time. Large posters or signs, sound effects, audio/visual presentation equipment, or other disruptive or distracting materials may be prohibited.

Handouts are encouraged to be in 8.5x11 format. If a topic to be addressed is scheduled as an agenda item for a formal City Council meeting, it is expected that potential speakers will reserve their remarks for that specific date and time.

The next meeting of the City of Black Hawk City Council will be on March 13 at 3 p.m. at City Hall. For more information, go to https://www.cityofblackhawk.org/.