In order to carry out the provisions of this Code the following administrative duties are delegated to the town board, the planning commission, town staff, the land use administrator, and the town attorney.

All department officials and public employees of the Town of Bayfield, vested with the authority to issue permits, will conform to the provisions of this Code and shall not issue permits, certificates or licenses for uses, building or premises in conflict with the provisions of this Code. Any such permit, certificate or license issued in conflict with the provisions of this Code will be null and void.

A.

Land use administrator. The land use administrator shall be appointed by, directed by and serve at the pleasure of the town manager. The land use administrator may be the town manager. The land use administrator has the authority to administer the Land Use Code, including but not limited to the following activities:

(1)

Interpret and administer the Land Use Code;

(2)

Issue land use permits;

(3)

Issue development permits; and

(4)

Enforce the Land Use Code.

The land use administrator shall keep the planning commission apprised of land use related activities within the community.

B.

Building official. The building official is appointed by the town manager. The building official has the authority to interpret and enforce the town adopted building code and to issue building permits.

The town board in addition to all other powers and duties has responsibility to hold required public hearings in a timely manner as prescribed in this Code, to render final decisions on matters related to the land use and subdividing of land and to hear appeals from planning commission decisions on variances and uses subject to review.

A.

Membership.

(1)

The planning commission shall consist of seven members, six of whom are recommended by the planning commission and approved by the town board. The mayor shall serve as ex-officio member.

(2)

The board of trustees shall appoint a trustee to serve as an ex-officio alternate in the event the mayor is absent or unable to attend.

(3)

The mayor or the ex-officio alternate shall have the same rights to make motions and vote as any other member.

B.

Organization and rules C.R.S. 31-23-204. The commission shall elect its chairman excluding the ex officio member and shall create and fill such other of its offices as it may determine. The term of the chairman shall be one year, with eligibility for reelection. The commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.

C.

Duties/powers. The commission shall function as and shall have all of the powers granted to the planning commission and zoning commission in Parts 2 and 3 of Title 31, Article 23, CRS 1973, as amended. In addition to all other powers and duties of the planning commission it will have the following responsibility:

(1)

Planning review. To review, study and recommend approval or denial to the town board on all applications as they may be required under this Code dealing with land use, land use variances, permits for uses subject to review, subdivisions, PUDs, and other developments.

(2)

Appeals of administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative officials in the enforcement of this Code, to choose to revise, affirm, or modify any administrative action relative thereto.

(3)

Variance. To hear and decide or when appropriate recommend to the town board in specific cases such variance from the terms of this Code as will not be contrary to the public interest. The conduct of hearing on variances and the approval or disapproval of such variances must be in conformance with the provisions of this Code.

(4)

Uses subject to review. To hear and decide on such uses subject to review. Commission action on said uses subject to review must be in conformance with the provisions of this Code.

(Ord. No. 456, 3-16-21; Ord. No. 478, 5-3-22)

Editor's note— Ord. No. 456, adopted March 16, 2021, amended § 2-3, and in so doing changed the title of said section from responsibilities of the planning commission to read as set out herein.

The town attorney will, upon order of the town board, immediately commence action or proceedings for the abatement and removal and enjoinment of any violation of this Code in the manner provided by law, and take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such buildings or structures, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using property contrary to the provisions of this Code.

Upon adoption of any regulation pursuant to this Code, or maps showing a subdivision, annexation or vacation plat, land use or overlay district, or a development plan, the town board will see that the town clerk files a certified copy of the same in the office of the town clerk, not later than two working days after the amendment becomes effective, which copies are available for public inspection.

Zoning districts established by the Code are bounded and defined as shown on the official zoning map of the Town of Bayfield, which, together with all explanatory materials contained thereon, are hereby made a part of this Code.

Copies of the zoning map will be available to the public for a fee established by the town. The official land use map will be maintained in the town clerk's office.

All amendments to and changes in the official zoning map will be recorded at the end of each fiscal year upon a copy of the official zoning map. No changes will be made upon the official zoning map that have not been enacted by the town board of the Town of Bayfield.

A.

Rules. The following rules are to be used to determine the precise location of any district boundary shown on the official zoning map of the Town of Bayfield:

(1)

Boundaries shown as following or approximately following the town limits are construed as following such limits.

(2)

Boundaries shown as following or approximately following streets and roads are construed to follow the centerline of such streets and roads.

(3)

Boundary lines which follow or approximately follow platted lot lines, or other property lines as shown on tax maps are construed as following such lines.

(4)

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines are construed as following such lines.

(5)

Boundaries shown as following or approximately following rivers, streams and ditches are construed to lie midway between the banks of such rivers, streams and ditches.

(6)

Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in paragraphs (1) through (5) above are construed to be parallel to such features and at such distances there from as are shown on the map.

(7)

If the zoning overlay districts which apply to a specific property cannot be determined by an applicant, the land use official will make the determination on a case-by-case basis. The applicant must provide all information needed to make the determination, such as a property survey and proof of ownership. If the land use official is unable to make such determination or has a conflict of interest, the planning commission will make the determination.

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

Should the designated official determine that an element of a submitted and approved plan is not being followed, that a provision of the town building codes, related codes or this Code is not being followed, or that a requirement, condition, stipulation or agreement under which the improvement or use permit was issued is not being followed, said official will have the authority to bring the activity undertaken by the applicant into compliance. If this is not accomplished, the designated official will be required to issue a stop work or stop order on the activity undertaken or by serving notice in writing on any persons engaged in doing or causing such work to be done, or by posting the premises with said stop work or stop order, and no work on any aspect of the improvement may proceed until specifically authorized in writing by the designated official. This authority will be deemed to apply not only to provisions or requirements of the town building codes, related codes, or this Code but to any and all requirements, conditions, stipulations or agreements under which the improvement or use permit was issued.

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

Upon completion of the improvement in compliance with all provisions of the town building codes and related codes as adopted, and in compliance with all town regulations as enumerated in this Code, and in compliance with all requirements, conditions, stipulations or agreements under which the improvement permit was issued the designated official will issue a certificate of occupancy for the premises in question. Such a certificate will be required prior to occupancy of any improvement for any purpose, including but not limited to residential, commercial or industrial. Written application for a certificate of occupancy and use for the use of vacant land or for a change in character of the use of land, as herein provided, will be made to the town before any such land will be so occupied or used. If the proposed use conforms to the provisions of this Code, a certificate of occupancy and use will be approved prior to the issuance of any other permit or license as may be required under the provision of any Bayfield Code.

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

The decision of the designated official in the processing of an application for any permit, or the issuance of an improvement or use permit, or the inspection of premises, or the issuance of a stop work order or the issuance of a certificate of occupancy, or the failure to issue any such permits, orders or certificates may be appealed by the applicant, the applicant's agent or any other individual or party to the following authorities:

A.

If the appeal involves a question relative to the town building code, the appeal is to the board of adjustment in accordance with adopted building code.

B.

If the appeal involves a question relative to any other town regulation or requirement, an appeal of the land use administrator's decision or any other provision of this Code, the appeal is to the town manager.

C.

If the appeal involves an appeal of the town manager's decision, a hearing by the planning commission will be held and a recommendation to the town board will be made.

D.

If the appeal involves a question relating to a land use variance, the appeal is directed to the planning commission, with further appeal to the town board.

All appeals are processed in accordance with the procedures outlined in section 3-16.

Fees charged for applications under this Code will be established by the town board. The fees may be amended from time to time by the town board as required.

A.

Applicability. The planning commission, or land use administrator under certain circumstances, shall consider a recommendation on granting a variance when practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this Code occur as a result of the enforcement of the Code.

A variance will not be construed to be an amendment to this Code or cause the maps which are a part of this Code to be changed, nor will a variance be used as a procedure to change or alter the use of land and/or structures not permitted within the district in which an application for a variance is made.

Procedures for the variance application and review process are outlined in section 3-14 of this Code.

B.

Purpose. The sole purpose of any variance will be the modification of the specific regulations of this Code and will be for the purpose of assuring that no property, because of unique circumstances applicable to it, will be deprived of any privileges commonly enjoyed by other properties in the same vicinity and district. Variances are hereby declared to be administrative acts, and authority to approve, disapprove or to recommend to the town board the approval or conditional approval of a petition for a variance is hereby vested in the planning commission, or land use administrator under certain circumstances. Self-imposed hardships will not be considered as a justification for the granting of any variance.

C.

Special land use variances. The planning commission may recommend a temporary use to allow land or property to be used for a named use in the next lowest land use classification. This can only occur if that application for such temporary use is accompanied by an instrument in writing signed by all the record owners of property within 200 feet of the land or structure for which a temporary use to allow land or property to be used in the next lowest land use classification is requested, exclusive of streets and alleys, and each such use will terminate six months after it is approved by the planning commission.