1.1.1. Title. These regulations shall officially be known, cited, and referred to as the "Town of Buena Vista Unified Development Code" (UDC).

1.1.2. Effective Date. This UDC is hereby adopted and shall become effective on June 1, 2018.

1.2.1. Purpose. The general purpose of this UDC is to protect the public health, safety, and welfare of the Town, and to implement policies and actions as called for in the Town of Buena Vista Comprehensive Plan and other adopted Town ordinances, regulations, policies, and plans.

1.2.2. Intent. This UDC is intended to:

A.

Guide the future growth and development of the Town in accordance with the Comprehensive Plan;

B.

Provide for adequate light, air, and privacy; to secure safety from fire, flood, and other danger; and to prevent overcrowding of the land and undue congestion of population;

C.

Protect the character and the social and economic stability of the Town;

D.

Encourage the orderly and beneficial development of the Town through appropriate growth management techniques, and to assure the timing and sequencing of development;

E.

Promote in-fill development with adequate public facilities in existing neighborhoods and non-residential areas;

F.

Ensure proper urban form and open space separation of urban areas and protect environmentally critical areas and areas premature for urban development;

G.

Protect and conserve the value of land throughout the Town and the value of buildings and improvements upon the land;

H.

Minimize conflicts among uses and buildings;

I.

Lessen congestion on streets, roads, and highways while accommodating appropriate pedestrian traffic;

J.

Regulate the subdivision of land;

K.

Ensure that public facilities and services are available with sufficient capacity to serve proposed development, and that development provides its fair share of capital facilities needs generated by the development;

L.

Prevent the pollution of air, rivers, streams, and ponds and ensure wise management of natural resources throughout the Town to preserve the integrity, stability, and beauty of the Town;

M.

Preserve the natural beauty and topography of the Town and ensure appropriate development with regard to natural features; and

N.

Provide open spaces through the most efficient design and layout of the land.

This UDC is adopted pursuant to the authority vested in the Town under Colorado Revised Statutes §29-20-101 et seq. and Article 23, Title 31, Parts 2 and 3 , as amended.

1.4.1. General Applicability. This UDC shall apply to all land, building, structures, and uses located in the Town of Buena Vista, unless an express exemption is granted pursuant to this UDC.

1.4.2. Compliance Required.

A.

No permit, certificate, license, or approval for any use that is subject to this UDC shall be issued or granted by any department, agency, Town official, or Town employee without compliance with this UDC.

B.

Any permit, certificate, license, or approval issued in violation of this UDC, or the land use and development regulations in effect at the time of issuance, is void.

C.

No building or structure shall be erected, converted, enlarged, reconstructed, or altered without full compliance with this UDC.

D.

No subdivision of property shall create a lot of record or occur without compliance with this UDC.

1.4.3. Application to Governmental Agencies. This UDC shall apply to all land, buildings, structures, and land uses owned by governmental agencies to the extent permitted by federal, state, and local laws. When this UDC does not control governmental agencies, such governmental agencies are encouraged to comply with this UDC and the Town's Comprehensive Plan.

1.4.4. Conflicts with Other Ordinances. Whenever there is a conflict, as determined by the Town Administrator, within this UDC or between this UDC and other ordinances or regulations whichever imposes higher standards shall govern.

1.4.5. Private Covenants.

A.

Nothing in this UDC shall be construed to render inoperative any restrictions established by covenants running with the land unless such restrictions are prohibited by or are directly contrary to this UDC.

B.

The Town of Buena Vista does not enforce private covenants and/or restrictions.

1.4.6. Emergency Powers. The Board of Trustees may authorize any deviation from this UDC during a local emergency. Local emergencies shall be declared in accordance with Chapter 2, Article XVI of the Buena Vista Municipal Code, and any deviations from this UDC during such an emergency shall be authorized by separate resolution of the Board of Trustees without a requirement for advance notice or public hearing. The Board of Trustees shall provide written notice in a public location as soon as practicable following any official action taken.

1.4.7. Development and Infrastructure Manual.

A.

Unless otherwise provided in this Code, all development applications governed by this Chapter 16 shall comply with the Development and Infrastructure Manual, as adopted and amended by the Town.

B.

If there are any conflicts between this Code and the Development and Infrastructure Manual, the more restrictive shall apply. No provision of the Development and Infrastructure Manual shall conflict with this Code.

(Ord. 4 §38, 2025; Ord. 12 §2, 2025)

1.5.1. Generally.

A.

Purpose. As the result of the adoption, amendment, and repeal from time to time of the regulations within this UDC, certain land uses, lots, or structures that were lawfully established or allowed at the time of their creation may become nonconforming and/or prohibited. It is the intent of this section to allow the continuation of such nonconforming uses, lots, and structures.

B.

Determination of Nonconformity Status. The burden of establishing the existence of a nonconformity shall be solely on the owner of property containing the nonconformity.

C.

Maintenance and Minor Repair. Minor repairs or maintenance of nonconformities are permitted and encouraged, provided that the repairs and maintenance do not increase the degree of nonconformity. Maintenance and repairs that qualify as "minor" include the following:

1.

Repairs necessary to maintain and to correct any damage or deterioration to the structural soundness of a building or structure, or repairs to the exterior or interior of a building or structure, without expanding the building or structure;

2.

Maintenance of land to protect against and mitigate health and environmental hazards; and

3.

Repairs that are required to remedy otherwise unsafe conditions.

D.

Violation of Law Not Allowed. Nothing in this section shall be construed as authorizing a violation of any law.

1.5.2. Nonconforming Uses.

A.

Continuation of Use. Except as expressly provided for herein, a nonconforming use shall be allowed to continue in the same manner and to the same degree as established before the creation of the nonconforming use, subject to the following:

1.

A nonconforming use shall not be expanded, enlarged, increased, or extended to occupy a greater area of land than occupied on the date of the creation of the nonconformity.

2.

A nonconforming use shall not be changed or altered to another nonconforming use.

3.

A nonconforming use shall not resume, or be restored or reestablished after a discontinuance of six (6) consecutive months or more.

4.

A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel occupied by such use.

B.

Change in Use. A nonconforming use may change to an allowed use within the zoning district in accordance with the following:

1.

The change in use shall not create any additional nonconforming situations or increase any existing nonconformity;

2.

Any new improvements necessitated by the change in use shall conform to all standards of the applicable zoning district, and use-specific standards applicable to the new use, the building code, and any other applicable Town standards;

3.

Any expansion associated with a proposed change in use shall comply with this UDC; and

4.

Any change in use that requires a special use permit, PUD approval, and/or rezoning shall only be allowed if the proposed use and site improvements, other than existing nonconforming structures, comply with this UDC.

C.

Nonconforming Residences.

1.

Existing single-family, two-family, or multifamily dwellings located in zoning districts other than the R-1, R-2, and R-3 districts may be enlarged, altered, rebuilt, or repaired provided that no additional dwelling units are added, including accessory dwelling units, and that any enlargement, alteration, rebuilding, or repair complies with the dimensional standards for the applicable zoning district.

2.

Existing manufactured homes in manufactured home parks may be altered, rebuilt, replaced, or repaired provided that the total number of manufactured home sites within a manufactured home park remains the same, and the alteration, rebuilding, replacement, or repair does not decrease the setbacks of any structures from the exterior property lines of the manufactured home park.

1.5.3. Nonconforming Structures.

A.

Continuation of Use of Structure. Except as expressly provided for herein, a nonconforming structure shall be allowed to continue in the same manner and to the same degree as established before the creation of the nonconforming structure subject to the following:

1.

Damage or Destruction. When a nonconforming structure is damaged in excess of sixty percent (60%) of its assessed value at the time of damage, it shall only be restored in compliance with this UDC.

2.

Expansion of a Nonconforming Structure. A nonconforming structure may be allowed to expand if the expansion complies with this UDC. An expansion shall not increase the degree of any nonconformity, as determined by the Town Administrator.

3.

Movement of a Nonconforming Structure. A nonconforming structure shall only be moved if such movement places the structure in a location that removes the nonconformity and complies with this UDC.

B.

Nonconforming Accessory Structures. A nonconforming accessory structure shall not be converted into a primary structure unless the structure complies with this UDC.

1.5.4. Nonconforming Lots.

A.

Development on a Nonconforming Lot. A nonconforming lot may be developed provided that the proposed development complies with this UDC except for lot area and/or lot width standards.

B.

Change in Use or Expansion of Use or Structure on a Nonconforming Lot. Except as provided in paragraph 3 below, a special use permit is required for any change in use or expansion of a use or structure on a nonconforming lot. The following shall apply in addition to the procedures in Section 6.5.2, Special Use Permit:

1.

If the total cumulative area of all expansions increases the use or gross floor area of a structure by more than twenty percent (20%) of the existing use or gross floor area of the structure existing prior to the effective date of this UDC, all existing site improvements other than the existing nonconforming structures shall comply with this UDC.

2.

All new improvements other than expansions subject to the requirements in paragraph 1 above shall comply with this UDC.

3.

If a change in use is proposed on a property where the only nonconformity is the lot size, then the use shall be permitted without requiring a special use permit as long as the new proposed use complies with any applicable use-specific standards pursuant to Section 3.2.

C.

Subdivision Shall Not Create Nonconformities. No subdivision or adjustment to lots shall create nonconforming lots, or cause any structure, building, space, or use to become nonconforming.

1.5.5. Nonconforming Site Features.

A.

Applicability.

1.

A nonconforming site feature may continue to exist even though it does not conform to current applicable standards of this UDC, subject to the requirements of this subsection.

2.

No nonconforming site features shall be increased by degree or extent.

B.

Nonconforming Off-Street Parking.

1.

Continuation of Nonconforming Off-Street Parking. Except as otherwise provided in this UDC, any parking spaces or access to public rights-of-way lawfully existing on the effective date of this UDC that are made nonconforming by virtue of enactment of this UDC shall be allowed to continue, provided that:

a.

Any change in use or expansion of any use or structure shall only be permitted if the additional number of parking spaces required by the expansion or change in use is provided according to Section 4.3, Off-Street Parking and Loading.

b.

Nonconforming off-street parking areas shall not be expanded. When additional parking is required by this UDC, all new parking areas shall comply with this UDC.

2.

Upgrading of Nonconforming Off-Street Parking. Nonconforming off-street parking facilities shall be upgraded to achieve full compliance with this UDC's off-street parking standards in conjunction with the following development of the site containing the nonconforming parking:

a.

An addition to or expansion of one (1) or more structures that, over a two-year period, would increase the total gross floor area of the structures (as shown by Building Permit applications) by more than fifty percent (50%); or

b.

A remodeling of one (1) or more structures that, over a two-year period, would cost (as shown by Building Permit applications) more than fifty percent (50%) of the current assessed value of the structures.

C.

Upgrading on Nonconforming Buffers, Sidewalks, Landscaping, Screening, Fencing, and Outdoor Lighting. Nonconforming buffers, sidewalks, landscaping, screening, fencing, and outdoor lighting shall be upgraded to achieve full compliance with this UDC's buffer, sidewalk, landscaping, screening, outdoor lighting and standards for any of the following developments on the site containing those nonconforming site features:

1.

An increase in the total square footage of the vehicular use area by more than ten percent (10%); or

2.

A structural addition that increases the combined total gross floor area of all existing structures by more than five hundred (500) square feet or twenty percent (20%), whichever is less; or

3.

Building elevation changes involving fifty percent (50%) or more of the exterior walls of a roofed structure on the property within a two-year period, excluding minor cosmetic items such as painting, masonry repair, windows replacement that does not involve or cause a structural change, lighting fixtures, awnings, and signs. A modification to only part of an elevation shall constitute a change in the entire elevation of that exterior wall; or

4.

Expansion of outdoor operations, storage, or display areas on a site containing nonconforming buffers, sidewalks, screening, or fencing that increases the gross square footage of such areas shall require nonconforming buffers, screening, and fencing to comply with the UDC buffer, screening, and fencing requirements.

D.

Compliance to the Maximum Extent Practicable. Where full compliance with the requirements of this subsection is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, or other significant environmental constraints, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by the Town Administrator.

1.5.6. Nonconforming Signs. See Section 4.7.4.

(Ord. 17 §1, 2018)

1.6.1. Purpose. This section identifies violations of this UDC and establishes procedures for the Town to ensure compliance with this UDC and to correct violations. This section also sets forth the remedies and penalties for violations of this UDC.

1.6.2. Enforcement Officers and Authorization.

A.

The UDC shall be enforced and administered by the Town's enforcement officers, including the Town Administrator or such subordinate officer(s) as he or she may designate and authorize.

B.

Any enforcement officer shall be authorized to enter upon and inspect any public or private property in the Town to enforce this UDC pursuant to the Town's adopted procedures.

1.6.3. Continuation of Prior Enforcement Actions. Nothing in this UDC shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to the previous regulations.

1.6.4. Violations.

A.

Violations of the UDC. Each of the following shall be a violation of this UDC:

1.

Activity Inconsistent with this UDC. Any erection, construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any land, site, building, structure, or sign that is inconsistent with this UDC.

2.

Activity Inconsistent with Permit or Approval. Any development, use, or other activity that is inconsistent with the terms or conditions of any permit or approval required to engage in such activity under this UDC.

3.

Illegal Subdivision.

a.

Except as provided in paragraph b below, any subdivision of property not authorized by the Town after the initial adoption of the Town's subdivision regulations, dated May 27, 1975, as amended, is a violation of this UDC.

b.

The sale or exchange of parcels of land between owners of adjoining properties for the purpose of adjusting boundaries that did not create additional lots and the original parcels or lots were not reduced below the minimum size requirements was allowed until July 27, 2010. Any such reconfiguration after that time is a violation of this UDC.

B.

Continuation of Violations. Each day that a violation occurs or remains uncorrected shall constitute a separate and distinct violation of this UDC.

1.6.5. Penalties and Remedies.

A.

Denial, Withholding, or Revocation of Permits.

1.

No building permit, water system connection permit, access permit, or other permit shall be issued for any building, development, structure, lot, or parcel created, used, sold, or conveyed in violation of this UDC, unless otherwise permitted by Section 1.5, Nonconformities.

2.

Any permit or approval issued in reliance upon or as a result of a materially false statement or representation made by the applicant in the process of obtaining a permit or development approval shall be void. Any person having received a void or voidable permit or approval shall not be relieved from having to comply with all applicable terms and conditions of this UDC, and the Town shall not be estopped from fully enforcing same.

B.

Stop-Work Orders.

1.

The Town Administrator may issue a stop-work order whenever any building, structure, site, or portion of a building, structure, or site is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any applicable building code, or in a manner that endangers life or property.

2.

The Town Administrator may issue a stop-work order for any activity conducted in violations of this UDC.

3.

A stop-work order shall be in writing and directed to the person doing the work and the property owner, and shall specify the provision of this UDC or other law in violation. The stop work order shall be delivered via certified mail, return receipt requested.

4.

If a stop-work order is issued, no work shall proceed on any building, structure, site, or portion of a building, structure, or site subject to the order except to correct a violation or to comply with the order.

5.

Once conditions cited in the stop-work order have been adequately addressed, the Town Administrator shall rescind the stop-work order.

C.

Penalty. Violations of this UDC shall be punishable upon conviction for each separate offense by a fine or imprisonment, or both, as set forth in Article IV of Chapter 1 of the Municipal Code.

D.

Injunctive Relief. The Town Administrator may seek injunctive relief or other appropriate relief in a court of competent jurisdiction for a violation of this UDC.

E.

Abatement. Any violation of this UDC shall be deemed a nuisance and may be abated as a nuisance.

A.

If any provision of this UDC is invalidated by a court of competent jurisdiction, such judgment shall not affect the validity of the remaining provisions of this UDC.

B.

If any application of any provision of this UDC is invalidated by a court of competent jurisdiction, such judgment shall not affect the application of that provision to any other parcel, building, structure, or use not specifically included in that judgment.

C.

If any condition attached to an approval of an application for development is invalidated by a court of competent jurisdiction, such judgment shall not affect any other conditions attached to the same approval unless specifically included in that judgment.

1.8.1. Prior Building Permits. Any building permit issued by the Town of Buena Vista prior to the effective date of this UDC shall be valid, provided the construction is started within one (1) year from the date of the issuance of the permit.

1.8.2. Prior Violations. If a development or activity in violation of the prior regulations fully complies with this UDC, it shall no longer be deemed a violation. Unpaid fees or penalties from prior enforcement of violations are still valid and shall be the responsibility of the violator of the prior regulation.

1.8.3. Prior Nonconformities. To the extent a nonconformity under the prior regulations becomes conforming under this UDC, it shall no longer be deemed nonconforming. Otherwise, it shall continue to be deemed nonconforming and subject to Section 1.5, Nonconformities.

1.8.4. Development Approvals. Any development approved under the prior regulations may be established or carried out under the terms and conditions of the approval and the development standards in effect at the time of approval, provided the approval has not expired and otherwise remains valid, and the approved development complies with the standards of this UDC regarding ongoing operations and maintenance. If the prior approval expires, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this UDC.

A.

Fees and charges for the submission, processing and review of land use development and permit applications under this Code shall be set forth in a fee schedule established by written resolution duly adopted by the Board of Trustees. It is the intention of the Board of Trustees that the fees and charges assessed under this Code be reviewed and revised as necessary on an annual basis as part of the Town's annual budget process. All fees and charges shall reasonably reflect the actual costs of processing and reviewing lands development and permit application, inclusive of the actual costs incurred by the town for professional planning, engineering, legal and/or other consulting services employed in reviewing and/or approving an application.

B.

Deposits—Applications. At the time of application, applicants submit a deposit for review of the application by Town and any third-party consultants as established by the Town's fee schedule. Failure to submit a deposit as required by the Town shall cause the application to be deemed incomplete and the Town will not further process the application.

C.

Deposits—Development infrastructure/improvements. An amount equal to five percent (5%) of the total estimated cost of installing public infrastructure/improvements required as part of any development or PUD development approval may be required of the applicant at the time of final development approval as a deposit toward construction inspection fees. Inspection fees, inclusive of professional planning, engineering, legal and/or other consultant fees, if any, incurred by the town in excess of the five percent (5%) deposit must be paid to the town prior to the Town's preliminary acceptance of any such development infrastructure/improvement.

D.

Fees—Administration.

1.

The hourly rates charted to the Town for planning, engineering, legal and other necessary consulting services provided by outside professionals in the processing and review of land use development and permit applications shall be disclosed to all land development applicants at all pre-application conferences.

2.

The Town will periodically issue itemized billing statements to applicants setting forth amounts owed, payment due dates, amounts credited, outstanding balances and/or amounts remaining on deposit. All base application fees shall be non-refundable and must be paid at the time of application. All fees paid on deposit shall be credited against future billings and amounts deposited in excess of fees subsequently incurred shall be timely refunded, without interest, to the applicant.

3.

All fees or costs for the mailing or publication of notices for public hearings and the recordation of plats and other development or development documents shall be paid by the applicant and be in addition to the application fees.

4.

For any land use application, the Town shall have the right to charge interest at the rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per year) on all outstanding balances not paid within thirty (30) days after the mailing of a statement. If any amount remains unpaid for more than sixty (60) days after the mailing of a statement to the applicant, the Town shall have authority to assess all unpaid amounts, including interest, to the Chaffee County Treasurer who shall proceed to collect the same, together with a ten percent (10%) penalty in the same manner as other taxes are collected. The laws of the State of Colorado for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of such assessments. In the case of withdrawal or denial of a land use application, the applicant shall be responsible for all costs actually incurred by the Town in connection with such application regardless of the stage of the review process at which the application is withdrawn or denied.

E.

No land use application shall be accepted by the Town unless the required fees have been paid in full and the application and the agreement have been signed by the property owner and the applicant. In the event that the applicant fails to reimburse the Town for fees and costs as required by this section, the Town Administrator shall have the right, in his or her sole and absolute discretion, to cancel any scheduled hearings or meeting related to the review process and may cease any further review activities until such fees and costs have been fully paid.

(Ord. 4 §39, 2025; Ord. 12 §§3, 4, 2025)