ORDINANCE AN ORDINANCE AMENDING SECTIONS OF THE LAND USE CODE OF THE TOWN OF BAYFIELD TO ALLOW FOR TEMPORARY USES IN CERTAIN ZONING DISTRICTS.

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1 ORDINANCE AN ORDINANCE AMENDING SECTIONS OF THE LAND USE CODE OF THE TOWN OF BAYFIELD TO ALLOW FOR TEMPORARY USES IN CERTAIN ZONING DISTRICTS. BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE TOWN OF BAYFIELD, COLORADO, THAT: Section 1: Section 9-1 of the Town of Bayfield Land Use Code is amended by the repeal of the definition of Uses and reenacted to read as follows: Uses are uses which will take place for less than six month, 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. Portable on-demand storage structures shall be defined to be: any container, storage unit, shedlike container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all applicable building codes and land use requirements. Section 2: Section 8-22 of the Land Use Code is hereby repealed and reenacted to read as follows: Uses. A. Purpose. To provide for the regulation of temporary uses. B. Allowed Uses. Permits for temporary uses are required in accordance with the following Table: Construction Trailers Use Permit Required No Time Limitations Review Zoning Classifications Permitted Shall not be placed on site prior to the issuance of a building permit and shall be removed upon issuance of a certificate of occupancy. Administrative

2 Real Estate Office and Model Home Recreational Vehicles Portable on Demand Storage Structures Residential 3 Portable on Demand Storage Structures- Non- Residential Christmas Tree Lots Retail Carts 4 Retail Mobile offices may be used for a period not to exceed six (6) consecutive months. Administrative MHS, MS, Seven (7) days. Administrative See Section No Thirty (30) Consecutive Days Per Calendar Year. Thirty (30) Consecutive Days Per Calendar Year, unless otherwise permitted. year. Expires Forty Five (45) Trucks 4 Food Carts 4 Food Trucks 4 Food Trailers 4 Retail or Service Structures 4 Administrative B, TC, MS, I, T, CS.

3 Parking Lot/Sidewalk Sale Garage, yard, rummage sales Grand Openings No TC, B, MS, I, No Three (3) consecutive days. No Two (2) Weeks. TC, B, MS, I, Private No Three (3) consecutive Events 5 days. 1. construction trailers may be utilized for storage or office uses during the construction of a project in which a building or development permit has been issued by the Town Building Official. The temporary construction trailer must be located on the property where the construction activity is taking place, unless permission is obtained from another property owner. 2. One temporary real estate office or model home, incidental to a new housing development, may be allowed within any new subdivision. structures shall be located so as to not interfere with the normal operation of any permanent use located within the subdivision. When the temporary use expires, the applicant shall restore the site to its original condition. Mobile structures occupied for sales offices may be used for a period not to exceed six (6) consecutive months. The permit for any temporary sales office, other than mobile structures, shall cease and terminate automatically when seventy-five percent (75%) or more of the total number of lots within the most recent phase of the subdivision have been sold or for a period not to exceed twenty four (24) consecutive months, whichever occurs first. 3. One (1) portable on demand storage structure may be placed on a property for a period of no more than thirty (30) days. Portable on demand storage structure placed on properties zoned, other than residential, may with a temporary use permit, exceed thirty (30) days as long as the structure is made to be architecturally compatible with the principal building on the site. Properties with portable on demand storage structures as of January 1, 2014 shall have twelve (12) months to bring their property into conformance with these requirements. 4. Retail Carts, Food Carts, Food Trucks, Food Trailers, and other structures may be allowed when they meet the following criteria: (a) They provide no service other than retail sales of goods, agricultural products; fruits and vegetables, or food or beverages in a form suited for immediate consumption.

4 (b) They are located entirely on private property and do not include use of public property, including public rights-of-way. (c) They are no greater than one hundred (120) square feet in size. (d) They provide a positive impact upon the community as determined by an evaluation of the application against all relevant provisions of the Land Use Code. These will include, but not be limited to, aesthetics, site design, architectural compatibility, impacts on pedestrian mobility, vehicle traffic and snow removal. (e) Hold appropriate licenses and permits, including but not limited to, those identified in Subsection C. 5. Private events including but not limited to weddings, private parties, luncheons, and reunions. C. Additional Licenses and Permits. Nothing in this section is intended to waive requirements, including but not limited to: Business and sales tax licenses; sign permits; liquor licenses; building, mechanical, electrical, plumbing, and fire permits; water and sanitation requirements, including grease interceptors and grease traps, plant investment fees, et. Seq.; and food and health licenses and permits. D. Prohibited. The following temporary uses are prohibited in the Town of Bayfield. (1) Firework stands. E. Submittal requirements. Requests for temporary uses that require the issuance of a permit shall include an application for a permit, which shall be accompanied by the following information: (1) A temporary use permit application. (2) A plot plan for the site which shall include: a. All required setbacks for the district in which the temporary use is located. b. Access to the temporary use and/or structure from a public right-of-way. c. Dimensions of all existing and proposed structures. d. Location of required off-street parking and loading areas. (3) An authorization letter from the legal property owner giving the applicant permission to apply for a temporary use permit. (4) Permits from the Building Department allowing the construction of required temporary structures and connection to an electrical supply. (5) Written proof of possession of all licenses or permits required in section C. F. Criteria for approval. The Land Use Administrator shall approve a request for temporary use unless it determines that the temporary use adversely impacts the surrounding properties. For purposes of this Subsection

5 F. adverse impacts shall include unreasonable noise, odor, access, availability of utilities, traffic, or other impacts on surrounding properties inconsistent with the purposes of the Municipal and Land Use Codes. Any denial of a temporary use permit shall be appealable to the Planning Commission. G. Signs. Only one (1) sign will be allowed per temporary use. Signs shall conform to the provisions of the Town's Sign Code. A sign permit shall be required. H. Special Events. Nothing in this section is intended to prohibit the use of temporary tents, vendor carts, stages, food trucks and trailers associated with a Town approved short term special event.

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