This Land Use Code will have the following purposes: to promote the health, safety, and general welfare of Bayfield residents; to lessen congestion in the streets; to secure safety from fire, panic, floodwaters, and other danger; to provide adequate light and air; to identify and secure, for present and future residents, the beneficial impacts of development; to identify and avoid the negative impacts of development; to ensure that future development is of the proper type, design and location and served by an adequate range of public services and facilities; to achieve the goals and implement the policies of the Bayfield Comprehensive Plan, as may be amended from time to time.

(Ord. No. 238, 6-4-96)

The title of this Land Use Code is "Town of Bayfield Land Use Code" and may be so cited and pleaded. The short forms "Land Use Code," "Subdivision Code" or "Code" used herein refer in all instances to the aforesaid Bayfield Land Use Code unless the context clearly indicates the contrary.

(Ord. No. 238, 6-4-96)

This Land Use Code is adopted pursuant to Title 31, Article 23, CRS 1973, as amended, Title 24, Article 67, CRS 1973 as amended, and Title 29, Article 20, CRS 1973, as amended. Should further authorizing legislation exist or be enacted, this Land Use Code is additionally deemed to be enacted pursuant thereto, except to the extent it may be inconsistent therewith.

(Ord. No. 238, 6-4-96)

If any section, clause, provision or portion of this Code is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Code is not affected thereby.

(Ord. No. 238, 6-4-96)

(a)

In their interpretation and application, the provisions of this Land Use Code shall be held to minimum requirements adopted for the promotion of the public health, safety, and welfare of the residents of the town. These regulations shall be liberally construed to further their underlying purposes.

(b)

Application of overlapping or conflicting regulations. Whenever both a provision of this Land Use Code and any other provision of this article or any provision in any law, ordinance, resolution, rule or regulation of any kind contain restrictions covering any of the same subject matter, whichever regulations are more restrictive or impose higher standards or requirements shall govern.

(c)

When uncertainty exists with any language or provision within this Land Use Code, the land use administrator is authorized to provide a written interpretation to the board of trustees for its review and consideration. The land use administrator shall consult with the town manager, the town attorney and other affected town officials prior to presenting said interpretation to the board of trustees. The board of trustees shall determine whether to approve the interpretation provided by the land use administrator or modify the interpretation based on the provisions of subsection (b) above. In the event the consideration of the interpretation by the board of trustees necessitates the drafting of clarifying legislation, the board of trustees shall direct that such an ordinance be drafted for its review and consideration.

The provisions of this Code, insofar as they are substantially the same as existing codes relating to the same subject matter, will be construed as restatements and continuation of and not as new enactments. The re-enactment of these provisions will not constitute validation of any use not conforming to the district in which it is located or for any subdivision or development plan not conforming to town regulations.

(Ord. No. 238, 6-4-96)

The existing use or uses of all buildings, improvements and premises not in conformity with the standards or requirements of the land use district in which they are located, in accordance with the provisions of this Code, and which uses are legal, or for which permits or variances were granted under previous codes, may continue as non-conforming uses or variances as hereinafter defined, and subject to the provisions regulating such uses.

(Ord. No. 238, 6-4-96)

This Code may be amended whenever public necessity, convenience and general welfare require. See section 3-12 of this Land Use Code for amendment process.

Any public improvements required or approved under this Code must be warranted for a minimum period of two years after acceptance by the town. The warranty will not commence until all provisions of subdivision improvement agreement for subdivisions, and public improvement agreement for projects not subject to a subdivision, including submission of as-builts and digital plans, if required, have been completed.

(Ord. No. 480, 7-19-22)

Editor's note— Ord. No. 480, adopted July 19, 2022, repealed the former § 1-9, and enacted a new § 1-9 as set out herein. The former § 1-9 pertained to applicability and derived from the original code.

Minimum standards for all development of existing parcels are set out in section 4-5 of this Code. The development of existing parcels that are not located within an overlay district are subject to compliance with the minimum standards in section 4-5 of this Code, a building permit, and a development permit as determined in section 4-4, permitted land uses.

All other development requires submittal of a land use application under the procedures outlined in article 3.

A building permit for a new structure will not be issued until all required public improvements have been constructed and approved. The town may make an exception upon review of application by a builder.

Where a conflict of interest exists or where any provision of the Colorado Revised Statutes or of this regulation requires an official action by a person who is also directly affected by the substance of such action or, in any other circumstance where a conflict of interest might reasonably exist; if needed, official action will be performed by some other person duly qualified therefore and designated to so act by the town board.

"Vested property right" means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan. A vested property right shall be deemed established with respect to any property upon approval, or conditional approval, of a site specific development plan, following appropriate notice and public hearing.

"Site specific development plan" shall include a final subdivision plat, a PUD district plan, or a site plan.

A property right which has been vested as provided in this section shall remain vested for a period of three years. Nothing in this section shall exempt such a plan from subsequent reviews and approvals by the town to ensure compliance with the terms and conditions of the original site specific development plan approval, if such reviews and approvals are not inconsistent with original approval.

The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulations by the town, including but not limited to, building, fire, plumbing, and mechanical codes.

The Town of Bayfield shall publish a notice describing generally the type and intensity of the use approved, the specific parcel or parcels of property affected, and stating that a vested property right has been created. The notice shall be published once, not more than 14 days following approval of the site specific development plan, in a newspaper of general circulation within the Town of Bayfield.

Any person, firm or corporation, whether as principal, agent, employee, or otherwise, convicted of violating or causing the violation of any of the provisions of this Code may be subject to penalty in accordance with section 1-5 of the Town Municipal Code.

The designated town official will review every required land use document for compliance with this Code, any other law, and any requirements imposed by the town.

Work may not commence on any subdivision or within public right-of-way unless the designated town official has been notified at least one day prior to start of work and the designated official approves the start of work. The designated official must determine that all required documents have been submitted and approved by the town before approval to commence work can be given. If the construction is in a new subdivision, construction cannot commence until the final plat has been recorded, construction plans approved, and appropriate improvement assurances accepted by the town.

Nothing herein contained will require any change in plans, construction, or designated use of a building or structure for which a valid building permit has heretofore been issued and upon which actual construction has begun at the effective date of this Code, or any amendment thereof, provided that such construction and/or proposed use of such building is not on said date in violation of any other code or law and further provided that such building or structure is completed within one year of such date. "Actual construction" is hereby defined to be the actual placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement is being excavated such excavating will be deemed to be actual construction, or where demolition or removal of an existing structure has begun preparatory to rebuilding, such demolition or removal will be deemed to be actual construction.

Under this Code the town will establish time limits for all permits. The time limit for starting work after issuance of a permit is six months. The exception is for a planned unit development which is allowed one year. Other exceptions of time limits may be allowed as specified elsewhere in this Code.

All codes or portion of codes in conflict with this Code are hereby repealed.

Any public improvements required or approved under this Code must be warranted for a minimum period of two years after acceptance by the town. The warranty will not commence until all provisions of subdivision improvement agreement, including submission of as-builts and digital plans, if required, have been completed.