For the purposes of this Code, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.

Abandonment means a cessation of the use of the property by the owner without intent to transfer the property to another or resume the use of the property.

Abatement means reducing or eliminating the degree or intensity of a nuisance or other property-related problem, usually used in connection with zoning code.

Abutting means having property or zone district boundaries in common: for example, two lots are abutting if they have property lines in common.

Access is the means of approaching or entering a property to permit entry of residents, users, fire equipment, etc., and includes ingress, the right to enter, and egress, the right to leave.

Accessibility/accessible means a term that describes the usability of a facility, product or service by people with disabilities.

Accessory building or use means an activity or structure on a property that is incidental and subordinate to the main use of a site.

ADA means the Americans with Disabilities Act. For purposes of planning and land use, federal law that generally requires that businesses and public facilities and conveyances be accessible to individuals with disabilities.

Addition means any construction which increases the size of a building or use.

Animal care facility means an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes or rescue organizations.

Animal rescue organization means any not-for-profit organization which has tax-exempt status under section 50l(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes. This term does not include an entity that is a breeder or broker or one that obtains animals from a breeder or broker for profit or compensation.

Annex/annexation means to incorporate a land area into an existing district or municipality, with a resulting change in the boundaries or the annexing jurisdiction.

Arterial means a roadway that provides intra-community travel and access to the countywide highway system.

Berm means a mound of earth usually two to six feet high designed to shield and buffer uses like parking areas. Also used to minimize water run-off.

Blight means a condition of a site, structure or area that may cause nearby buildings and/or areas to decline in attractiveness and/or utility.

Breeder means a person that maintains a dog or cat for the purpose of breeding and selling their offspring.

Broker means a person that transfers a dog or cat from a breeder for resale by another person.

Buffer zone means an area of land separating two distinct land uses that softens or mitigates the effects of one land use on the other. Where a commercial district abuts a residential district, for example, additional use, yard, or height restrictions may be imposed to protect residential properties. The term may also be to describe any zone that separates two unlike zones, such as a multifamily housing zone between single-family housing and commercial uses.

Building means a structure containing supporting wall, columns, pillars, and a roof for the shelter of persons, animals, or property from the natural elements.

Building coverage means the amount of a lot that is covered by buildings, usually expressed as a percentage.

Building envelope means the space remaining on a site for structures after all building setback and height limit requirements have been met.

Building, height of means the perpendicular distance at the center of a building measured from the top of the foundation to the highest point in the coping of a flat roof, to the deck line of a mansard roof, or to the center height between eaves and ridge for gable, hip or gambrel roofs.

Building permit means a permit issued by the town building inspector for building development, after compliance with the provisions of this LUC and the town building code.

Cluster development means a development pattern in which the structures and users are grouped or other than uniformly distributed over the parcel. Clustering allows for more open space, creates a less monotonous design, and saves money by building fewer streets and shorter utility lines.

Commercial use means a use of property with its primary purpose to produce income from the sale directly to the public or indirectly to other establishments of goods or services in commerce.

Commission means the Town of Bayfield Planning Commission.

Compatibility means the characteristics of different uses, structures, or activities that permit them to be located near each other in harmony and without conflict.

Comprehensive plan means a document developed by the Bayfield Planning Commission which expresses goals, objectives, and policies regarding future environmental, social, economic, land use and infrastructural conditions and patterns in or near the town. This plan is an advisory document designed to guide future decisions on the above uses.

Conditional use means a use that may locate within a zone only upon taking measures to address issues that may make the use detrimental to the public health, safety and welfare and will not impair the integrity and character of the zoned district. This is achieved through a use by review permit.

Condominium means a structure of two or more units, the interior spaces of which are individually owned; the balance of the property, both land and building, is owned in common by the owners of the individual units.

County means the County of La Plata, Colorado.

Covenant means a private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded.

Covenants, conditions, and restrictions (CC&Rs) means a term used to describe restrictive limitations usually recorded as covenants that may be placed on property and its use, and which usually are made a condition of holding title or lease. They are intended to preserve the physical nature and character of the development.

Crosswalk or walkway means a right-of-way dedication to public use to facilitate pedestrian access through a subdivision.

Curb cut means a ramp opening in a curb where vehicles or wheel chairs may enter or leave the roadway.

Dedication in lieu of means cash payments that may be required of an owner or developer as a substitute for a dedication of land, usually calculated in dollars per lot, and referred to as in lieu fees or contributions.

Density means the amount of development per acre permitted on a parcel under the applicable zoning.

(1)

High density: A development containing a density of four units per acre or more shall be considered a "high density" area.

(2)

Medium density: A development containing a density between one and three units per acre shall be considered a "medium density" area.

(3)

Low density: Low density developments shall mean those areas with densities less than one unit per acre.

Detention pond means a low lying area that is designed to temporarily hold a set amount of water while slowly draining to another location.

Developer means the legal or beneficial owner or owners of any land in a given development, or the authorized agent thereof, including the holder of an option or contract to purchase, or other individual having an enforceable legal interest in such land.

Development means the placement, construction, erection, addition, reconstruction, movement of building and/or other structures. Development also refers to subdivisions, boundary adjustments, annexation, and changes in district uses.

Development rights means the right to develop land held by a landowner or by a party other than the owner who has obtained the right to develop. Such rights are usually expressed in terms of density allowed under existing zoning.

Drainage means the removal of surface water or ground-water from land by drains, grading, or other means. Drainage includes the control of run-off to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or prevention or alleviation of flooding.

Drainage plan shall mean an engineering report prepared by a qualified engineer, indicating drainage easements, areas of run-off for whatever cause, effect of run-off or flooding on roads, streets, proposed building sites, and adjacent properties.

Duplex means two dwelling units attached by a common wall.

Dwelling, multiple-family means any arrangement of three or more individual dwelling units which are housed in a common building or in a complex of individual buildings which are part of a single development. This definition includes alteration of single-family dwellings to provide three or more independent dwelling units within the same structure.

Dwelling, single-family means any arrangement of rooms to accommodate the needs of a family of human beings for cooking, eating, living, sleeping and sanitary facilities.

Dwelling unit means any combination of rooms within a building arranged or laid out to provide the necessary cooking, eating, living, sleeping, and sanitary needs of human beings. This definition shall not include prefabricated structures used for dwelling purposes which are primarily designated and built to be transported on wheels.

Easement means a right to land generally established in a real estate deed or on a recorded plat to permit the use of land by the public, a corporation, or particular persons for specified uses.

Educational facilities means institutions of learning, including private and public colleges, universities, and schools, day care centers are not included.

Emergency services means fire, police, and ambulance services used in situations where the health and/or safety of residents, visitors, or property of the Town of Bayfield are threatened.

Eminent domain means the right of a public entity to acquire private property for public use upon the payment of just compensation.

Encroachment means any obstruction or protrusion into a right-of-way or adjacent property, whether on the land or above it.

Encumbrance means a claim against a property by a party that is not the owner. An encumbrance can impact the transferability of the property and restrict its free use until the encumbrance is lifted. For example, mortgages, easements, and liens.

Environmentally hazardous area means areas which are geological hazards, steep slopes, avalanche paths, wildlife areas, floodways, and other areas which would be dangerous or unsafe to develop.

Evidence shall mean all of the following, any of the following, or any combination of the following: map, table, chart, contract, or any other document or testimony prepared or certified by a qualified person.

Family means one or more persons occupying a dwelling, as a unit, sharing cooking, eating, living, sleeping, and sanitary facilities. This definition shall not include a rooming or boardinghouse.

Feasible means capable of being accomplished in a successful manner within a reasonable time taking into account economic, environmental, social, and technological constraints.

Fee interest entitles a landowner to exercise complete control over use of land, subject only to government land use regulations.

Feeder roads means smaller roadways that "feed" or connect traffic to larger roadways.

Finished floor space means the gross floor area of a building which is complete with partitions, walls, ceilings, electrical, plumbing fixtures. Garages, carports, patios, porches, and areas used for storage except closets shall not be included in this definition.

Floodplain means an area in and adjacent to a stream, which is subject to flooding as the result of an intermediate regional flood.

Floodway means the channel of a river or other water-course and the adjacent land areas that must be reserved in order to discharge the intermediate regional flood without cumulatively increasing the water surface elevation by more than one food or that portion of the floodplain in which the waters of an intermediate regional flood exceed one and one-half feet in depth.

Food carts are readily moveable, non-motorized wheeled vehicles designed and equipped to serve food.

Food trailers means readily moveable, towed wheeled trailers designed and equipped to serve food.

Food trucks means readily moveable, self-propelled, motorized wheeled vehicles designed and equipped to serve food.

Footprint; building footprint means land area taken up by a building, the outline of a building at all of points where it meets the ground.

Garage, private means any building used for the storage of more than three motor vehicles. This definition shall not apply to storage facilities if in association with motor vehicle sales and/or service business.

Geological hazard means a geologic phenomenon which is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes, but is not limited to, unstable or potentially unstable slopes, seismic effects, radioactivity, and ground subsidence.

Grade (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall or to the property line if it is less than five feet distant from said wall.

Gross floor area means the total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, garages, porches, and balconies.

Highest and best use means the reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value.

Home occupation means an accessory use provided all of the following conditions are met:

(1)

No person outside the inhabitants occupying the premises will be employed.

(2)

No stock in trade will be displayed on the premises and only products resulting from the home occupation may be sold from the premises.

(3)

Only one occupation will be permitted on the premises at any one time.

(4)

All activities will be conducted entirely within the dwelling.

(5)

There will be no external evidence of the activity such as commercial vehicles, outside storage or stock or materials; and no noise, odor, dust, fumes, or other nuisances will be emitted from the premises.

(6)

Such use shall be clearly incidental and secondary to the use of the unit for dwelling purposes and shall not change the character thereof.

(7)

The total area used for such purposes shall not exceed 20 percent of the floor area or more than 300 square feet of the dwelling unit.

(8)

There must be provided any off-street parking necessary to accommodate adequately additional traffic created by the home occupation.

(9)

One and only one unlighted sign not to exceed one square foot in area and containing only the name and address of the occupant of the premises.

Homeowners' association (HOA) means a nonprofit organization operating under recorded legal agreements running with the land. Generally, each lot owner in a condominium or similarly planned development becomes a member upon purchase. Each lot is subject to a charge for a proportionate share of the expenses for the organization's activities, like maintaining common areas, landscaping, recreation facilities, and parking areas.

Hotel/motel room means a room no larger than 300 square feet in a building occupied as the more or less temporary abiding place of individuals who are lodged, for compensation, with or without meals.

Hotel suite means double hotel rooms and/or rooms with kitchen facilities.

Improvement agreement means one or more security arrangements which may be accepted by the town board of trustees to secure the construction of such improvements as required by the LUC and shall include collateral, such as the following: performance or property bonds, private or public escrow agreements, loan commitments, assignments of receivables, liens on properties, deposit of certified funds, or other similar surety agreements.

Improvements means street pavements, paths, bikeways, erosion control facilities, curbs, re-vegetation, gutters, sidewalks, water mains, storm sewers, gas lines, electric and telephone lines and appurtenances, street signs, landscaping lights, monuments, range point boxes, and other such items as may be required for compliance with the regulations of this LUC.

Incubator space means retail or industrial space that is affordable to new, low-margin businesses.

Infill development means development of vacant or underutilized land (usually lots or leftover properties) within areas that are already largely developed.

Infrastructure means public services and facilities like sewage-disposal systems, water-supply systems, other utility systems, schools, roads, bicycle and pedestrian facilities, and transit systems.

Land use district means one of 15 districts described in article 4 of the LUC.

Land use regulation means a term encompassing the regulation of land in general and often used to mean those regulations incorporated in the general plan, as distance from zoning regulations which are more specific.

Landscaping means changing, rearranging, or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put.

Live-work quarters means buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

Loading space means an off-street portion of a lot for the temporary parking of a commercial vehicle while loading or unloading materials for use or sale on the lot. Such space shall open upon a road or alley and any use of the space shall not obstruct pedestrian or vehicular traffic upon such public way.

Lot means a tract or parcel of land having fixed boundaries and designated on a plat, survey, map, assessor's map, or by metes and bounds. A lot must meet the requirements of the zoning district in which it is located and should not be divided by a public road or ally.

Lot line adjustment means the adjustment of a lot line between two or more existing parcels where land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed are not thereby created.

LUC map means the official map of the town showing the boundaries of each land use district.

Manufactured home means a transportable, single-family dwelling intended for permanent occupancy contained in one unit, or two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operation, and constructed so that it may be used with or without a permanent foundation. Manufactured home shall not include mobile homes, recreational vehicles, travel trailers, motor homes, pop-up trailers, campers, yurts, tepees, tents or other similar items which are not primarily intended as a permanent residence.

Manufactured home park means a tract or area of land which is developed for the lease or rental of spaces for the location of manufactured homes, without the creation of or conveyance of individual lots.

Manufactured home subdivision means a tract of land which is subdivided into individual lots for the purposes of the location of manufactured homes, and which includes the right to convey or lease those lots to third parties.

Manufactured housing means residential structures that are constructed entirely in a factory. They are regulated under the federal Manufactured Home Construction and Safety Standards Act of 1974 by the U.S. Department of Housing and Urban Development.

Master development plan means a plan describing the compatibility of the proposed uses with the land and the surrounding use as well as the natural matures of the site, proposed land uses. Circulation plan, utilities plan, and fire protection plan.

Meeting room, conference room means a room or rooms designed or intended for meetings for 20 or more persons.

Mixed use means a combination of uses including residential, recreational, commercial, and industrial.

Moratorium means a zoning designation that temporarily reduces or freezes allowable development in an area until a permanent classification can be fixed.

Natural features means those features of the environment which occur naturally, such as streams, lakes, trees, mountains, and wetlands.

Negative environmental impacts mean impacts upon the environment which pollute, destroy, or disrupt the natural balance or natural resources of the environment.

Non-conforming building or use means any pre-existing building, use, or structure conflicting with the provisions of this LUC, or any amendments thereto, applicable to the land use district in which it is located.

Nuisance means anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the sense.

Off-street parking space means the space required to park one passenger vehicle.

Open space means land required by this LUC to remain undeveloped for low intensity recreation, agriculture, and resource protection uses. Open space land shall not include driveways, streets, parking areas, surfaced areas for paths and trails, or water detention features.

Outdoor food/vendor court means a lot or parcel of land established to provide facilities allowing three or more mobile food or vendor establishments to be parked on the property for the purpose of vending to the public on that property for a period greater than 180 days.

Overlay means a land use designation that modifies the basic underlying designation in some specific manner. For example, PUD and historical preservation overlays.

Parcel means a lot or tract or contiguous group or portion of such lots or tracts in single ownership or under single control and considered a unit for purposes of development.

Parking area means an area used for access, internal driveway systems, and parking spaces.

Performance guarantee means a financial guarantee to insure that all improvements, facilities, or work required by this LUC will be completed in compliance with the LUC, regulations, and the approved plans and specifications of a development.

Person means an individual, corporation, government, or governmental subdivision or agency, business trust, estate trust, partnership, association, or any other legal entity.

Phased development means a development which will occur in parts. Each part must be able to stand on its own.

Planned unit development means a land use overlay district which allows the adoption of a set of development standards that are specific to a particular project.

Plat means a map, generally a subdivision, showing the location, boundaries, and ownership of individual properties.

Pre-application conference means a meeting between the planning staff and applicant prior to any submittals to acquaint the applicant with review procedures, the forms and information required and to discuss in general terms the nature of the proposal.

Public or common facilities means facilities used by the general public such as open space areas and stormwater detention facilities.

Public hearing means a public meeting of the commission, board of adjustment, or town board of trustees for which a public notice has been published in a newspaper of general circulation in the town at least 15 days prior to the date of the hearing.

Public improvement agreement means the improvement agreement between the developer and the town for required public improvements for a project that is not subject to a subdivision, for example, roads and utilities.

Public meeting means a meeting of the planning commission or the town board of trustees which the public may attend to voice their sentiments on an issue.

Public notice means notice of a meeting in the public notice section of a newspaper of general distribution in the town published at least 15 days prior to the meeting.

Recreation facility means a facility providing or accommodating both indoor and outdoor recreational facilities such as tennis, racquetball, swimming, and field sports. These facilities may provide food; however, no lodging or other services are provided.

Referral agency means an agency which provides technical review in their specific area of expertise of an application. These agencies' reviews are supplemental to the land use administrator, the commission's and/or boards' review of the application.

Resource protection area means natural areas and views which provide scenic and aesthetic qualities and are encouraged to remain undeveloped by the Bayfield Comprehensive Plan.

Re-subdivision means the changing of any existing lot or lots of any subdivision plat previously recorded with the county clerk and recorder.

Retail vendor carts means readily moveable, non-motorized wheeled vehicles designed and equipped to sell non-perishable manufactured goods.

Retail vendor trucks means readily moveable, self-propelled, motorized wheeled vehicles designed to sell non-perishable manufactured goods.

Road service means service typically located along a major arterial and basically dependent upon the automobile traveler such as service station, fast-food restaurants, transportation centers.

Roadway means that portion of the street right-of-way designed for vehicular traffic.

Screened means the use of landscaping materials and natural terrain characteristics and/or the construction of fences, earth berms, etc. to lessen the noise, light, heat, or visual impacts of a use on surrounding uses.

Sign permit means a permit allowing for a sign to be erected in compliance with stated policies or conditions.

Single-family home means any structure which is located in compliance with this Code on a permanent foundation, is intended as a permanent residence, and which complies with the provisions of the town's building code as it relates to residential uses.

Site means a plot of land intended or suitable for development.

Site plan means a plan to scale showing uses and structures proposed for a parcel of land as required by article 3 of this LUC.

Sketch plan means a sketch plan is only the general development concept. It does not include detailed design or engineering submittals or proposed solutions to specific problems revealed in the review.

State means the State of Colorado.

Street means any street, avenue, boulevard, road, lane, parkway, or other way for the movement of vehicular traffic which is an existing state, county, or municipal roadway or a street or way shown upon a plat, theretofore approved, pursuant to law or approved by official action and includes the land between street lines, whether improved or unimproved, and many comprise pavement, shoulders, gutters, sidewalks, parking areas, and other areas within the right-of-way. For the purpose of this LUC, streets shall be classified as defined in streets and roads, section 6-2.

Strip development means a ribbon of uses fronting an arterial roadway.

Structure means any manmade object which is affixed to the ground by use of footings, foundation, posts, or lamps. This definition shall include, but not be limited to, signs, buildings, and fences.

Subdivider or developer means any person, firm, partnership, joint venture, association, or corporation who shall participate as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision.

Subdivision means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other division of land for the purpose, whether immediate or future, for sale or building development. The term "subdivision" shall include re-subdivision.

Subdivision improvement agreement means the improvement agreement between the subdivider and the town for required public improvements for the subdivision, for example, roads and utilities.

Temporary uses are uses which will take place for less than six months, unless otherwise provided. These uses do not produce permanent structures, environmental damage or create nuisances which cannot be ameliorated during and after the time of the use. These uses may require a temporary use permit and must comply with the review procedures of this Code.

Town means the Town of Bayfield, Colorado.

Town board means the Town of Bayfield Board of Trustees.

Use means the purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is or may be occupied.

Vacation rental means a residential unit that is rented short-term for the purpose of lodging for 30 days or less at a time to the same rental party.

Variance means permission to depart from the literal requirements of the LUC pursuant to section 3-14 of the LUC.

Visual corridor means views along major arterials in or near Bayfield which are encouraged to be preserved.

Wastewater means any and all water used for domestic or industrial purposes that is altered physically or chemically but not to include water used solely for the purpose of irrigation.

Wetland means areas which are naturally inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

(Ord. No. 261, § 5, 3-7-00; Ord. No. 414, § 3, 4-17-18; Ord. No. 480, 7-19-22; Ord. No. 496, 2-6-24)