Bayfield board updates temporary use regulations

Bayfield town trustees have approved updates to the land use code section on temporary uses and eliminated a conflict with other town rules.

Town Manager Chris La May raised the issue in April, noting that the town code and town land use regulations "often conflict or are silent on the treatment of temporary uses."

There is a separate business license for "transient" dealers, aimed at door-to-door sellers of manufactured products. That raised the question of whether an ice cream truck could operate in residential neighborhoods. As proposed for the April 22 meeting, that apparently would be prohibited, La May said.

He brought a revised ordinance to the May 6 meeting that includes a fix for that issue.

Temporary uses are for six months or less, he said in his written memo to trustees, and they don't involve permanent structures. La May said the only review procedures in the land use code had been for construction trailers and temporary real estate offices.

"Temporary uses and structures may be compatible and desirable in a community, however, they are often met with opposition from members of the community who have 'brick and mortar' shops paying rent and associated property taxes," La May wrote.

That was the case in 2012 to allowing a food vendor to set up on a vacant lot at the corner of Colorado Drive and Mountain View. That vendor did not stay for the full time he had been allowed.

"The fundamental philosophy behind the proposed ordinance is that the town will allow such uses, but they are clearly temporary," La May said.

"The provisions of the proposed ordinance are also based on the recognition that there are uses and structures which, because of their unique characteristics, cannot be permitted in any particular (land use) district on a permanent basis, but which may be either necessary or desirable for a temporary period" with careful regulation and proper maintenance, he said.

The revised land use code section on temporary uses, that trustees approved on May 6, expands the list of allowed temporary uses and prohibits any uses not listed.

The expanded list includes temporary construction trailers, real estate offices and model homes, recreational vehicles (maximum seven days), Christmas tree lots, temporary retail vendor carts or trucks, temporary food carts, trucks, or trailers, temporary retail or service vendor structures, garage, yard, and rummage sales, grand openings, and private events.

The temporary vendor cart or vehicle permits are for a maximum 30 days, one permit per year. They must be on private property and be no bigger than 120 square feet.

Garage, yard, and rummage sales and private events will be allowed for up to three consecutive days.

Some of these uses are allowed only in certain zoning districts and may require other licenses or permits.