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Bayfield City Zoning Code

ARTICLE 6

- DEVELOPMENT STANDARDS

Sec. 6-0.- Generally.

These development standards apply to all improvements within the town. The designer of a development must use the development standards in this Code and any other relevant town document. The town will use the development standards when reviewing a permit application, a subdivision plan or plat or plans for other projects and public facilities. All projects within the town must conform to the development standards contained in these regulations.

Sec. 6-1. - Infrastructure design and construction standards.

All construction of public and applicable private improvements within the Town of Bayfield will be completed in accordance with the Town of Bayfield Infrastructure Design Standards and Town of Bayfield Construction Specifications.

(Ord. No. 374, 12-4-12)

Sec. 6-2. - Public way standards.

Public streets and alleys will be provided, in accordance with the Town of Bayfield Infrastructure Design Standards and Town of Bayfield Construction Specifications.

(Ord. No. 374, 12-4-12)

Sec. 6-3. - Utility and facility standards.

All facilities, utilities or improvements will be in accordance with the Town of Bayfield Infrastructure Design Standards and Town of Bayfield Construction Specifications.

(Ord. No. 374, 12-4-12)

Sec. 6-4. - Other facilities.

A.

All development will comply with the Manual on Uniform Traffic Control Devices (MUTCD) for sign sizes and locations. Any development which is adjacent to an intersection must provide a street name sign if a sign has not been provided previously. The sign will be placed at the corner.

B.

Street lights must be provided according to town standards.

C.

Street trees must be provided according to town standards.

(Ord. No. 374, 12-4-12)

Sec. 6-5. - Water rights dedication.

Upon annexation or development of any parcel of land for which surface water rights exist, the owner must dedicate to the town water rights sufficient to off-set the expected amount of water to be used for both domestic and irrigation purposes after development of the parcel. If there are no water rights associated with the property, the owner must provide cash in lieu of water to the town. The amount of cash is to be determined by the town and set forth by resolution.

Properties annexed and zoned as agriculture "A" are not required to dedicate water rights to the town until such time that the property wants to rezone to a use other than agriculture for development purposes.

(Ord. No. 238, 6-4-96; Ord. No. 505, 9-17-24)

Sec. 6-6. - Conveyance of public areas.

Land required to be conveyed to the town will be conveyed in fee simple. Land shall be dedicated when the final plat is filed. If no plat is required, land shall be dedicated before any development permit is issued. If land dedication is not feasible as determined by the town, a fee in-lieu of land dedication must be paid by the developer. The amount of land area or fee will be determined by the town and is set forth by resolution.

Sec. 6-7. - Electrical and communication line location.

New telephone lines, cable TV lines, fiber optic lines, and new electrical distribution lines will be installed underground according to the utility underground policies and specifications within subdivisions approved under this article, unless an exception is granted. The planning commission may grant an exception if it is determined that no significant public purpose would be served by requiring the new construction to be placed underground and that one or more of the following conditions exists:

A.

The lot is already served by an overhead distribution line; or

B.

All adjacent areas are served by overhead facilities; or

C.

That subsurface conditions make underground lines economically unreasonable.

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

Sec. 6-8. - Required off-street parking.

A.

Every building, or portion of building, hereafter erected will be provided with permanently maintained parking space as provided in this section, and such parking space will be made permanently available and be permanently maintained for parking purposes; provided, however that any alterations, remodeling, or reconstruction of existing building, will be exempted from this requirement. Provided, further, that when an addition is made to an existing building, only the square feet in the addition need to be used in computing the required off-street parking. However, any change in use must meet the parking requirements of this Code.

B.

In the Mill Street district in lieu of providing all or any part of the permanently maintained parking space, as provided in this section, a sum of money may be contributed to the "public parking solutions fund." The amount of the contribution will be calculated by multiplying the required number of spaces, as hereafter provided, times a unit of cost of each parking space. Said unit cost per space will be established by resolution of the town board of the Town of Bayfield. All funds so contributed to the "public parking solutions fund" will be used for the purpose of providing public parking facilities. Fractions will be disregarded.

C.

In the Mill Street and town center zoning districts, buildings lost by natural, unintended causes will be allowed to be rebuilt to replace the previous structure. The building must be built to accommodate the previous use or a use equal in intensity. Should this event occur, parking shall only be required to meet the provisions of the previous building. Should a building in the Mill Street or town center district be intentionally destroyed (greater than 50 percent), all current parking standards shall be met.

D.

Parking spaces required. The total number of off-street parking spaces required will be no less than the following:

UseParking Spaces Required
Hotels, motels, lodges, rooming houses 1 for each sleeping unit or dwelling unit
Banks, business or professional offices 1 for each 300 square feet of gross floor area
Bowling alleys 4 for each lane
Churches and accessory uses 1 for each 6 seats, or if there are no fixed seats, then 1 for each 100 square feet of floor space used for assembly purposes
Dwellings 2 for each dwelling unit
Multi-family, including apartments and duplexes 2.5 for each dwelling unit
Establishments for the sale and consumption on the premises of food and beverages 1 for each 100 square feet of gross floor area
 • having less than 4,000 square feet of floor area
 • having 4,000 or more square feet of floor area
40 plus 1 for each 40 square feet of gross floor area in excess of 4,000 square feet
Furniture and appliance stores, hardware stores, household floor area equipment, service shops, clothing or shoe repair, personal service shops 1 for each 600 square feet of gross floor area
Hospitals 1 for each bed
Libraries 1 for each 250 square feet of gross floor area
Manufacturing uses 1 for each 800 square feet of gross floor area
Medical and dental clinics and medical professional offices 1 for each 150 square feet of gross floor area
Mortuaries 1 for each 50 feet of floor area of assembly rooms used for services
Motor vehicle machinery sales or wholesale stores 1 for each 1,000 square feet of gross floor area
Offices not providing customer service on the premises 1 for each 400 square feet of gross floor area
Retail stores except as otherwise specified herein 1 for each 300 square feet of gross floor area up to 5,000 square feet; then 1 for each 200 square feet of all gross floor area exceeding 5,000 square feet
Sanitariums, nursing homes 1 for each 3 beds
High schools 1 for each employee plus 1 for every 5 students
Schools, other 1 for each employee
Sport field without bleachers 1 for each 2 players
Stadium, sports arenas, auditoriums and other places of public assembly and clubs and lodges having no sleeping quarters 1 for each 5 seats or 1 for each 100 square feet of gross floor area used for assembly without fixed seats
Swimming pools 1 for each 10 persons based on the capacity load (pool area under 5 feet in depth divided by 30 persons equals capacity load)

 

E.

Parking requirements for uses not specified. Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use will be determined by the land use administrator based upon the requirements for the most comparable use specified herein.

F.

Parking provisions may be waived by commission. The planning commission may, by resolution, waive or modify the provisions as herein set forth establishing required parking areas for uses such as electrical power generating plants, yards, or other uses of a similar or like nature occupied by a very limited number of persons.

G.

General requirements. The following general requirements will apply:

(1)

Size and access. Each off-street parking space will have an area of not less than 180 square feet exclusive of drives or aisles, and a width of not less than nine feet. Each space will be provided with ingress and egress.

(2)

Location. In the event permanently maintained off-street parking facilities on a non-contiguous parcel are to be provided by private parties, said facilities will be located as hereinafter specified. Where a distance is specified, such distance will be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve:

a.

For all dwellings, parking facilities will be located on the same or a contiguous lot or building site.

b.

For hospitals, sanitariums, elderly housing, rooming houses, lodging houses, club rooms, not more than 150 feet from the building being served.

c.

For uses other than those specified above, not over 300 feet from the building being served.

(3)

Mixed occupancies in a building. In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities will be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use will not be considered as providing required parking facilities for any other use except as hereinafter specified for joint use.

(4)

Joint use. The planning commission, may, upon application authorize the joint use of parking facilities by the following uses or activities under the conditions specified herein:

a.

Up to 50 percent of the parking facilities required by this section for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a night-time use; provided such reciprocal parking area will be subject to conditions set forth in paragraph (b) below.

b.

Conditions required for joint use:

The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use will be located within 150 feet of such parking facility.

The applicant will show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of an off-street parking facility is proposed.

Parties participating in the joint use of an off-street parking facility will evidence agreement for such joint use by a proper legal instrument approved by the town attorney as to form and content. Such instrument when approved as conforming to the provisions of this Code will be recorded in the office of the county clerk and copies thereof filed with the town clerk and the planning commission.

(5)

Required improvement and maintenance of parking area. Every lot used as a public or private parking area will be developed and maintained as follows. The standards contained in this section, however, do not apply to single-family, duplex or manufactured home use districts except that each required space must be a minimum of nine feet by 20 feet and located entirely on the lot for which the space is required.

(6)

Minimum design standards. Off-street parking areas will be so designed as to conform to the following minimum requirements:

a.

Parking stalls will be not less than nine feet by 20 feet.

b.

Aisles for circulation will be:

For parallel parking: 12-feet wide.

For 30-degree and 45-degree parking: 15-feet wide.

For 60-degree parking: 18-feet wide.

For 90-degree parking: 24-feet wide.

c.

Ingress to and from required off-street parking areas will be so designed as to eliminate any necessity of backing from said parking area into any public right-of-way.

d.

Circulation aisles within required off-street parking areas will be so designed as to eliminate any necessity of vehicles entering a public right-of-way when passing from one aisle to another.

e.

In the case of required off-street parking areas on interior lots having access to but one public right-of-way and having such narrow width as to permit only one aisle for both ingress and egress, said aisle will be made not less than 18 feet in width and will be terminated on the side of the parking area furthest from the ingress-egress point by a turning area having a minimum radius of 20 feet.

f.

Uni-directed entrances and exits will have a minimum width of 14 feet and combined entrances-exits will have a minimum width of 26 feet.

g.

All entrances, exits and parking stalls will be clearly marked, and directional marking showing permissible traffic flow will be placed in all aisles.

(7)

Surfacing. Off-street parking areas will be paved. In no case will such drainage be allowed across sidewalks. Alternative surface treatments may be considered by the town but only if unusual circumstances dictate the use of a surface other than asphalt or concrete.

(8)

Borders, barricades, screening and landscaping. In addition to requirements (6)(a) and (6)(b) above, every parking lot, either public or private, having a capacity of five or more vehicles will be developed and maintained as follows:

a.

Every parking area that is not separated by a fence from any street or alley property line upon which it abuts, will be provided with a suitable concrete curb or timber barrier not less than six inches in height, located not less than two feet from such street or alley property lines and such curb or barrier will be securely installed and maintained; provided no such curb or barrier will be required across any driveway or entrance to such parking area.

b.

Every nonresidential parking area abutting a residential use area will be separated from such property by a solid wall, view-obscuring fence, or compact evergreen hedge six feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous property, provided that along a required front yard the fence, wall, or hedge will not exceed 48 inches in height. No such wall, fence, or hedge will be provided where the elevation of that portion of the parking area immediately adjacent is six feet or more below the elevation along the common property line.

c.

Any lights provided to illuminate any public parking area, semi-public area, or car sales area, permitted by this Code will be so arranged as to reflect the light away from any premise upon which a dwelling unit is located. All lighting on poles or attached to structures shall be no higher than 20 feet and all light emanating from such shall be cast downwards and shielded (full cut-off). Municipal street lighting is exempt from this requirement.

Sec. 6-9. - Wall, fence or hedge requirements.

A.

No fence wall, or hedge will be permitted which exceeds the following height limits above the existing ground level:

(1)

Within the designated front or corner side yard setback for a building the maximum fence height is 42 inches with a minimum 50 percent transparency.

(2)

In zones with zero-foot front and corner side setbacks, fences six feet in height are not allowed beyond the main building's front or corner side wall planes. Fences a maximum of 42 inches in height with a minimum 50 percent transparency can be located within a front or a corner side yard area.

(3)

Fences or structures over eight feet in height, to enclose a tennis court or other game area within the rear half of the lot, will be composed of wire mesh or steel mesh, capable of admitting 90 percent of light as measured on a reputable light meter. Such fences will be permitted to extend to the rear and side lines of the lot if, after investigation by the planning commission, it is the opinion of the commission that such an enclosure will not constitute a nuisance to abutting property. Said commission opinion will be in written form and will be made a part of the commission's official records.

(4)

No obstruction between three and eight feet above the street level will be placed or maintained within a triangular area bounded by the street property lines of the corner lot and a line connecting the points 25 feet distant from the intersection of the property lines of such lot.

B.

Fences in agriculture zones can go up to ten feet in height if they are open fence types not impacted by wind loads such as wire. Such fences will be permitted to extend to all property lines of the lot as long as it does not create an obstruction as spelled out in subsection 6-9.A.(4).

(Ord. No. 480, 7-19-22; Ord. No. 505, 9-17-24)

Sec. 6-10. - Intersection standards.

Intersections shall be designed and constructed in accordance with the Town of Bayfield Infrastructure Design Standards and Town of Bayfield Construction Specifications.

(Ord. No. 374, 12-4-12)

Sec. 6-11. - Public access to all lots.

All lots must have adequate access to a public street unless a development plan providing private roadway access is approved by the town. An access permit issued by the town is required for new nonresidential or multi-family construction on all lots. Driveways for residential use, other than multi-family shall be reviewed and approved as part of building permit review.

Sec. 6-12. - Erosion control.

An erosion control practices and plan shall be provided, in accordance with the Town of Bayfield Infrastructure Design Standards and Town of Bayfield Construction Specifications.

Sec. 6-13. - Wetlands.

A.

Development in wetland areas shall be avoided wherever possible.

B.

Development in wetland areas shall be reviewed with regard to the stability of soils, impact on water quality, vegetation, and wildlife habitats.

C.

The applicant is responsible for complying with any permit requirements under Section 404 of the Clean Water Act. Prior to final action by the town, the applicant must provide evidence that a 404 permit has been issued or that none is needed.

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

Sec. 6-14. - Standards for manufactured homes.

A.

Standards for manufactured home parks.

(1)

Setbacks.

a.

Along perimeter of manufactured home park, manufactured homes, and accessory buildings shall be placed no closer than the following distances:

1.

Abutting a public right-of-way .....25 feet

2.

Abutting a state or federal highway or federal or town arterial .....25 feet

3.

Abutting exterior boundaries other than above .....15 feet

b.

Manufactured homes together with all enclosed additions thereto shall be placed no closer than the following distances within a manufactured home park: .....

1.

Minimum between manufactured homes if parked side by side .....20 feet

2.

Minimum between manufactured homes if parked end to end .....20 feet

3.

Minimum from manufactured home park to any designated or platted space line within the manufactured home park .....10 feet

(2)

Designation of spaces. The owner of a manufactured home park may designate individual spaces within the park, and if so designated, the manufactured homes located on said spaces shall conform to the minimum standards set forth in this Code for manufactured home parks.

(3)

Roadways and walkways.

a.

Roadways within the external boundaries of a manufactured home park shall provide access to each manufactured home space and shall be a minimum of 24 feet wide. Said internal roadways shall be constructed according to the minimum standards for access roadways described in the preceding paragraph.

b.

Walkways shall be provided as necessary to assure safe pedestrian travel within the manufactured home park. All walkways shall be constructed with a hard surfaced material.

c.

All roadways and walkways above described shall be properly lighted at night.

(4)

Parking. Each manufactured home space or lot within a manufactured home park shall have two ten-foot by 20-foot parking spaces which may be off roadway parking, on roadway parking, or a combination thereof. In the event on roadway parking is provided, the roadway shall be increased from 24-feet wide to a sufficient width to allow 24 feet for the traveled portion of the roadway when automobiles are parked in the designated parking spaces.

(5)

Storage areas.

a.

Manufactured home parks shall provide a minimum outdoor storage area of 50 square feet for each lot or space within said manufactured home park for the storage of boats, boat trailers, camping units, horse trailers, and all other objects requiring outdoor storage.

b.

The above described storage areas shall be lighted as necessary to permit night use.

(6)

Recreational open space. Of the open space required herein for a manufactured home park, five percent of the total open space shall be reserved for a common, contiguous recreational or park space for use by park residents, which shall be suitably landscaped and maintained by the owner for such use. The said park or recreational space shall not include roadways, storage areas, manufactured home spaces, setbacks, parking spaces, or other required facilities.

(7)

Drainage requirements. Adequate drainage shall be provided in accordance with the Town of Bayfield Infrastructure Design Standards and Construction Specifications, within a manufactured home park so that surrounding lands will not be damaged by run-off from storms and irrigation.

(8)

Fire prevention requirements. All manufactured home parks shall provide adequate fire prevention equipment as specifically required by the fire prevention authority having jurisdiction, town ordinances, or statutes of the State of Colorado.

(9)

Refuse disposal.

a.

Each manufactured home park shall provide a fly tight, watertight, rodent proof trash disposal container.

b.

Manufactured home parks may provide common refuse collection points adequate to serve the spaces or lots within said manufactured home park. Prior to doing so, the manufactured home park shall receive the approval of the Town of Bayfield.

(10)

Electrical requirements. Manufactured home parks shall provide each lot or space within the manufactured home park with a minimum of 110 volts or 110/220 volts by a connection or electrical outlet. Installation of said connection or electrical outlet shall be made in compliance with town ordinances and the statutes of the State of Colorado.

(11)

Utilities. Manufactured home parks shall have all utilities underground, including electrical wiring, except for major transmission lines serving said manufactured home park.

(12)

Landscaping. Manufactured home parks shall provide landscaping around the perimeter of said manufactured home park within the setbacks previously set forth herein. Said landscaping shall be sufficient to act as a buffer between the said manufactured home and the adjacent lands, including street.

In the event the landscaping is not sufficient to provide a visual and noise buffer, sufficient screening shall be provided.

(13)

Second access. Manufactured home parks shall have at least two approved accesses to public streets or roadways.

B.

Standards for all manufactured homes uses.

(1)

Uses. Manufactured homes shall not be used for any commercial, industrial or other nonresidential use, including storage, within the town, without specific approval of that use by the board of trustees following the review and recommendation of the planning commission. No vacant or unoccupied manufactured home shall be allowed within the town.

(2)

Number of manufactured homes. No more than one manufactured home shall be located on any tract, lot or space within the town without specific approval of that use by the board of trustees following the review and recommendation of the planning commission or unless such lot or tract is approved for use as a manufactured home park.

(3)

Non-conforming manufactured home uses.

a.

Any manufactured home use which was established for residential use prior to February 3, 1992, and which is not located within a manufactured home park (MHP) or manufactured home subdivision (MHS) district as defined in this Code shall be deemed to be a non-conforming use, but shall be allowed to be continued even though such use does not conform to the requirements of this Code as they apply to manufactured homes as long as such use is continuous and is not interrupted, except as otherwise provided herein.

b.

Any non-conforming manufactured home which is partially or completely destroyed may either be repaired to a condition at least as good as the condition prior to the damage or replaced with a manufactured home which is similar to or better than the condition and character of the manufactured home which was damaged or destroyed, provided that the replacement is made and an occupancy permit is issued for the new use within one year of the date on which the manufactured home was damaged or destroyed.

c.

The owner of a non-conforming manufactured home shall be allowed to replace that manufactured home for the purpose of upgrading the use with a manufactured home which is in a better condition or which is newer or larger than the previous manufactured home, provided that the replacement shall be made within 60 days of the removal of the existing manufactured home.

d.

In any case, any manufactured home which is used to replace a non-conforming manufactured home pursuant to the provisions of this section shall comply with the standards and requirements contained in this Land Use Code as they apply to the establishment of a new manufactured home residential use.

e.

Any non-conforming manufactured home which is damaged or destroyed and which is to be replaced pursuant to the provisions of this section shall be removed from the lot or parcel of land prior to the occupancy of the new use.

(4)

Permit and standards for location of manufactured home.

a.

Permit required.

1.

It shall be unlawful to erect, move or place any manufactured home within, on or onto any space, site, lot or tract of property in the town, including on any site or lot within a manufactured home park without first obtaining a development permit.

2.

Except as provided in section 6-14(B)(3) hereof, application for the development permit for manufactured home use shall be made to the town clerk on forms provided for that purpose, and will be accompanied by the required fee.

3.

Any person desiring to replace a non-conforming manufactured home with a new manufactured home use pursuant to the provisions of section 6-14(B)(3) shall obtain a development permit for that purpose from the town clerk on forms provided for that purpose and will be accompanied by the required fee.

4.

It shall be unlawful for any person to occupy a manufactured home unless a manufactured home occupancy permit has been issued for that manufactured home by the town's building official. No manufactured home occupancy permit shall be issued until the town's building official has determined that the manufactured home is in full compliance with the requirements imposed herein and with any other building, plumbing, mechanical, electrical, or other land use codes as they may apply to the town.

5.

In the event a non-conformance is found on any inspection, an additional re-inspection fee shall be charged for each re-inspection, which fee shall be paid prior to the re-inspection.

b.

Manufactured home location requirements. Any manufactured home located within the town shall comply with the following requirements:

1.

Electrical connections: All electrical connections to a manufactured home shall be done in accordance with the standards of the State of Colorado Electrical Code, and all such installations shall be inspected and approved as required by the State of Colorado.

2.

Water connection: The plumbing for the connection of a manufactured home to the water system of the Town of Bayfield shall be in accordance with and be inspected as required by the Colorado Plumbing Code. All such connections shall further be in accordance with standards adopted or approved by the public works director of the town.

3.

Sewer connection: The plumbing for the connection of a manufactured home shall be in accordance with and inspected as required by the Colorado Plumbing Code. All connections will be made in accordance with the Town of Bayfield Infrastructure Design Standards and Construction Specifications.

4.

Gas connection: The plumbing for the connection of a manufactured home to natural gas or propane shall be in accordance with and be inspected as required by the Colorado Plumbing Code.

5.

Blocking: All manufactured homes shall be set up with blocking based on two rows of four-inch by eight-inch by 16-inch solid concrete blocks, poured concrete pads or construction equivalent thereto acceptable to the building department, placed on level, firm, undisturbed soil which is free from grass and organic material. The piers shall be spaced ten feet or less along the length of ten-foot wide manufactured homes or eight feet or less along the length of 12-foot or 14-foot wide manufactured homes. Piers based on the pads shall be less than 40 inches in height from the manufactured home to the ground and shall be constructed of open or closed cell eight-inch by 16-inch concrete blocks installed with the open cells vertical and with the 16-foot dimension perpendicular to the I-beam of the manufactured home. The piers shall be covered with a two-inch by eight-inch by 16-inch wood cap.

6.

Stairs: Porches or landings with stairs shall be provided for each main doorway exit in the manufactured home. When the floor level of a manufactured home is 30 inches or more from ground level, all porches or landings must be provided with handrails and guardrails. The porch or landing shall be at least 48 inches wide and 48 inches long. Stairs must have a minimum width of 36 inches with a maximum rise of seven and one-quarter inches and a minimum run of nine inches. Stair handrails shall be 36 inches high above nosing of tread. The deck or landing guardrail shall be 36 inches high with intermediate rail arranged so that a 12-inch sphere cannot pass through.

7.

Skirting: All manufactured homes shall be skirted completely within 30 days after issuance of the initial permit with building materials approved by the town's building official. All such skirting shall be of uniform material and color.

8.

Compliance with other ordinances: All manufactured homes located within the town must be in compliance with article 9 of this Land Use Code and the Town of Bayfield Municipal Code.

9.

Setbacks: Any manufactured home location shall comply with the setbacks as established in this Code.

10.

All fees: All fees imposed by the town, any other governmental entity, or any utility company shall be paid in full prior to the issuance of the occupancy permit.

11.

Water service: The town may refuse to grant water service to any location if the applicant is not in compliance with the provisions contained in this Code as they apply to the use and location of a manufactured home.

(Ord. No. 238, 6-4-96; Ord. No. 261, § 6, 3-7-00)