AGENDA
OURAY COUNTY PLANNING COMMISSION
WORK SESSION / REGULAR MEETING
VIRTUAL / ZOOM ONLY
September 2, 2026 2:00 – 4:00 pm
Zoom Log In Info:
https://us02web.zoom.us/j/81452174936
Meeting ID: 814 5217 4936
Mobile: 1.719.359.4580
A. 2:00pm – Work Session
The Planning Commission will conduct a work session to review and discuss possible changes to
the Ouray County Land Use Code, Section 2 – Definitions.
B. 3:30 - Open Regular Meeting:
a. Old Business
b. New Business
C. 4:00pm – Adjourn (approximate)
MEMO
TO: Planning Commission
FROM: Land Use Department
DATE: August 25, 2026
SUBJ: September 2nd Work Session: LUC Section 2
The attached packet is in preparation for our upcoming September 2, 2:00 – 4:00pm work
session regarding possible revisions to the Land Use Code, Section 2 – Definitions. Note that
during each work session Staff will use the ‘comment bubble’ feature in Word to keep track of
things like straw votes, outstanding issues, and general comments related to the code section. It
will be important as we move forward to make sure all desired comments end up in a comment
bubble and the corresponding summary so please remind Staff as much as necessary!
During the previous work session there was significant discussion and progress regarding
completion of a ‘lodging table’, defining elements of: B&B, Lodge Tier 2, Event Venue. No
elements were discussed for ‘Lodge Tier 1’.
Note that Staff added some information in this column
(green) for discussion only.
This tier could be further refined, or deleted. Once completed, Staff
will use the table to develop a new or revised draft definition (ie. Bed & Breakfast, Lodge Tier 1(?),
Lodge Tier 2, Event Venue).
Our plan for the upcoming 9/2 work session will be two-fold:
Task 1:
Review the table and determine if the ‘Lodge Tier 1’ use (ie. Medium) is necessary. If by straw
vote it is determined that this use/definition is necessary, then the elements need to be refined. If
it is determined by straw vote that this use is not necessary, this tier/column we will be deleted
and we will move directly to Step 2. (Note: Staff will use the table data to create associated draft
definitions.)
Task 2.
Once Planning Commission has completed their review of the draft table, we will pivot back to the
Section 2 draft. Only limited work remains on the Section 2 draft. Specifically, the Planning
Commission should focus on yellow highlighted areas that need further clarification and/or
confirmation.
Going Forward:
Staff will use the draft of Section 2, the ‘comment bubbles’, and the table, to create a more refined
(and hopefully a more final) draft. The next Planning Commission meeting after the 9/2 work
session will be September 16
th
. There are two application hearings scheduled for this date. Staff
will include the revised draft of Section 2 in the packet materials. If time allows, Staff and the
Planning Commission can review the draft.
On September 23 at 9:00am (location TBD) the BOCC and the Planning Commission will hold a
joint work session. The primary purpose of the work session is to update the BOCC on the
Planning Commission’s progress with the Land Use Code revisions and updates. The Section 2
draft will be included along with a brief memo from Staff in the packet.
It is Staff’s anticipation that in October, the Planning Commission will commence work sessions
on Section 3 – Zoning and Section 13 – Administration and Enforcement. Once these reviews are
complete, Staff will schedule public hearings to formally review and sed a recommendation to the
BOCC regarding Sections 2, 3, and 13.
Staff will then work with Administration to schedule Sections 2, 3, and 13 for public hearings with
the BOCC. At the same time Staff will schedule a follow-up joint Planning Commission/BOCC
work session. The purpose of the follow-up work session will be to review Resolution No. 2024-
029 – ‘Plan and Prioritize Land Use Regulations and Land Use Code Revisions’. The Board may
or may not want to revise the resolution but at a minimum will clarify their direction to the Planning
Commission regarding Land Use Code revisions.
Subsequent to the follow-up Planning Commission/BOCC work session, Staff will scheduled
future work session and public hearings to continue the Planning Commissions review of Land
Use Code revisions as directed and prioritized by the BOCC.
Att.
INITIAL QUESTIONS:
Should 'Guest Ranch' be retained as a use?
Y
es
No
Should we get into alcohol sales in the LUC, or leave that to the BOCC and liquor licensing?
Leave to BOCC!
PROPOSED REVISIONS:
Bed and Breakfast (New)
Lodge Tier 1
Lodge Tier 2
Event Venue
(Small)
(Medium)
(Big)
(Standalone or Add-On Use)
Maximum number of rental bedrooms:
4 'Bedrooms'
10
20
0
Maximum number of overnight occupants:
20
30
60 (includes owners/mgrs/employees)
(exludes any housing required for a use
b
y
ri
g
ht
)
50 'Guests' (not overnight)
Guest Cabins (Detached) allowed?
No
#2
Yes - How many?
No
Short term Stay Allowed:
Yes
Yes
Yes
N/A
Are On-site meals required?
Yes (1 meal/day required)
Yes
Yes (Min. 1 meal/day)
Not required. May be allowed thru SUP
p
rocess.
Minimum Land size required:
5-acres
20-Acres
150 Contiguous AC
35 Contiguous AC
Events' allowed (i.e. Wedding Venue):
Defer to future BOCC resolution
Adt'l SUP Requried
Adt'l SUP Required
Yes
Property Owner required on-site?
Yes
Yes
No
No
Property Mgr on site okay (instead of owner)?
No
No
Yes
Allowed (but not required) Activities:
None
As allowed in LUC or adt'l SUP
As allowed in LUC or adt'l SUP
N/A
Prohibited Activities
All or N/A - future discussion
TBD
Other activities/uses as may be allowed
by SUP (ie. Separate SUP)
Revisit at
next workshop
N/A
FOLLOW UP QUESTIONS:
Should we define maximum number of 'overni
g
ht
g
uests' AND 'maximum occupanc
y
' in Section 2
?
Y
ES
No
Should we define 'Event' - len
g
th of event, on-site or off-site, etc it Section 2
?
PC DRAFT – 090226
Section 2 – Definitions: Draft Revisions
SECTION 2
DEFINITIONS
RED OR BLUE TEXT IS NEW OR MODFIED!
Words and terms used in this Code shall be interpreted in accordance with the following
definitions:
ACCESSORY DWELLING UNIT (ADU). A structure - requiring and receiving a certificate
of occupancy, subordinate to the primary dwelling unit on a property, and subject to the
following conditions:
A. Parcels less than 3-acres in size may include an ADU with a maximum size of
800 square feet and must be located within 100-feet of the primary dwelling unit.
B. Parcels 3-acres or more in size may include an ADU, with a maximum size of
1200 1300 square feet and must be located within 300 1000 feet of the primary
dwelling unit.
C. For parcels 35-acres or greater in size that have current ‘agricultural status’ with
the Ouray County Assessor, ADUs used as units for employees are allowed a
maximum of 1200 square feet 1200 2500 square feet(?). Any additional dwelling
units shall not exceed a density of one ADU per 35-acres. Any additional
dwelling units shall not exceed a density of one ADU per 35-acres. For this use,
the term “units for employees” shall mean an ADU on a parcel, with agricultural
status that may be occupied solely by a current employee or employees, and their
immediate family, of the farming or ranching operation where the unit is located.
D. Parcels created through a court-ordered partition that do not comply with
underlying zoning are limited to one dwelling unit and no ADU is allowed.
E. The construction of any ADU must comply with all County standards and
regulations; and
F. The gross land area utilized by all accessory structures shall not exceed 10% of
the gross land area of the parcel, except in the Colona Zone.
G. New driveways (i.e. access to County Roads) for the sole purpose of accessing an
accessory dwelling unit are prohibited.
H. Property owners may apply for an appeal or variance per the provisions of
Section 12 of the Land Use Code regarding the prohibition on new driveways
and/or the primary dwelling unit/accessory dwelling unit proximity limitation.
Commented [MC1]: PC agrees that 300’ is appropriate.
Commented [MC2]: As it stands this is a problematic portion of
this definition. Really allows ‘3’ dwelling units per parcel. Staff
believes this is a reasonable compromise.
Commented [MC3]: Need to bring Ty/R&B into the
conversation if we are thinking about any changes here.
Commented [MC4R3]: Ty talked with PC. Good to go here.
Section 2 – Definitions: Draft Revisions
H.I. The square footage allowance for ADU’s shall be calculated based upon
the proposed structures conditioned space (as defined in the currently adopted
building code(s)) and does not include attached garages. Any proposed loft area
shall be included as part of the overall allowable square footage.
ACCESSORY DWELLING LONG-TERM RENTAL UNIT (ADLRU). A structure
containing two individual dwelling units, or a duplex, constructed on a legal, conforming
parcel. Only one ADLRU per lot or parcel that is at least 3-acres in size. Ownership of
ADLRU may not be severed or transferred into fee-simple ownership and must be rented
to a verified income-qualified renter for at least 9 months per calendar year. Accessory
dwelling long-term rental units (ADLRUs) constructed as part of a duplex are exempted
from Sections 15.5C, 15.5D, and 15.5E of this Code (County Road Standards), as may be
amended. ADLRU’s may be one of the following implementations:
- A new, stand-alone structure, not to exceed 2000-square feet, containing 1 to 3
bedrooms, located no more than 1200-feet from a legally permitted primary
dwelling unit with a valid Certificate of Occupancy (C.O.). - Constructed and attached to an existing, legal, permitted, and accessory dwelling
unit (ADU) with a valid C.O. Newly implemented ADLRU may be 1 to 3 bedrooms
ADLRU - Questions for discussion:
- What happens if an ADLRU is not rented for 9-months per calendar year to an
income qualified renter? - What happens if the person or entity managing affordable housing in the county
goes away? - What additional incentives could be implemented:
o County pre-developed architectural and structural plans for duplex. No
‘plan check’ fee. Could be a LEED certified duplex.
o A custom, discounted building permit fee structure and expedited permit
processing for ADLRU’s.
o No ‘Road Impact Fee’ or reduce fee for ADLRU implementation.
o In a simple, detached ‘duplex’ scenario; After 5 years the ‘income qualified
renter’ requirement sunsets. 1 unit can be rented ‘long term rental’ and 1
unit can be rented as an STR with a valid STR permit.
ACCESSORY STRUCTURE – HIGH ALPINE AREA (ZONE). Non-occupied structures
(i.e., not a dwelling unit or other ‘occupied’ structure) including, but not necessarily limited
Commented [MC5]: Added by staff to align with historic
interpretation. Ok per PC. How does this align with the Assessor’s
Office???
PC DRAFT – 090226
Section 2 – Definitions: Draft Revisions
to, simple sheds or yurt platforms. All such structures in the High Alpine Area/Zone (of the
County require a building permit regardless of size or type of proposed foundation and,
are limited to one (1) such structure per parcel. Exceptions to building permit
requirements for tool sheds, playhouses, and similar structures that may be found in the
adopted building code(s) do not apply to the High Alpine Area of the County.
AGRICULTURAL STRUCTURE. For the purposes of applying for an ‘Agricultural
Exemption Permit’, the term Agricultural Structure shall mean a structure or greenhouse
used exclusively for agricultural purposes that do not require other functional rooms such
as a bathroom, bedroom, or office, are proposed on parcels of 35-acres or greater in size,
are not within a subdivision or PUD. Parcels proposed for such structures must have
current agricultural status as determined by the Ouray County Assessor’s Office.
AVERAGE DAILY TRIP (ADT). One vehicle entering and exiting a property (ie. round
trip), business, or residence equals one (1) Average Daily Trip or ADT. Note: This definition
applies to Sections XX of this Code and is not an ADT or ‘Average Daily Traffic’ as
referenced in the Road Standards section of this Code.
BED AND BREAKFAST. A business within a dwelling unit building containing no more than
six (6) four (4) bedrooms individual rental sleeping units, which offers meals in connection with
such lodging and which is designed for short-term rental to tourists and transients. Dwellings
used and permitted as a Bed & Breakfast must be owner occupied. Maximum occupancy shall be
20 persons.
CAMPGROUND AND RV PARK. A parcel of land including divided into two or more sites
for rental occupancy by people using travel trailers, truck campers, motor homes, or tents for
overnight or short-term duration (120 days maximum) and as may be permitted and further
defined in this Code.
COMMERCIAL. For profit aActivities or uses that occur upon, or subject to, payment of a
fee, transfer of any real or personal property, or any other form of consideration, whether
monetary or otherwise. This shall include, but are not limited to, a use characterized by the
selling of tangible goods, merchandise, or services, directly or indirectly to the consumer.
NOTE: Do planning commissioners or BOCC want exceptions for bona fide educational,
governmental, and non-profit uses as determined within reasonable discretion of the Land Use
Department?
COMMERCIAL STOREFRONT USE. A use characterized by the selling of tangible
goods, merchandise or services directly to the consumer. A retail, permanent structure
brick-and-mortar establishment, characterized by the selling of goods and merchandise,
and services directly to the consumer.
Commented [MC6]: Straw vote on strikeout shown. May want
to revisit down the road. Add in and duplicate the limitation of
200sf.
Commented [MC7]: Look at in conjunction with Guest Lodge.
Commented [MC8]: May need to tighten this down a little bit.
Make sure it includes all ‘vehicles’. Lots more to do when we look
at commercial campgrounds.
Commented [MC9]: Not intended to affect lemonade stands or
garage sales for example.
Section 2 – Definitions: Draft Revisions
COMMERCIAL EQUESTRIAN ACTIVITIES. Commercial activities related to horses held
for educational, instructional, or recreational purposes, including but not limited to horse shows,
gymkhanas, training clinics, team roping and rodeos.
COMMERCIAL OUTDOOR RECREATION. Commercial use of a site for a fee, for
which involves daytime outdoor recreational activities, that may include but shall not be limited
to: (1) short-term overnight stay(s) in temporary structures (ex. tent, yurt, teepee, RV, etc.)
which shall not exceed two (2) nights, with proper septic; and also hiking, climbing, cross-
country skiing, backcountry skiing or snowboarding, via feratta, motorized vehicle rental,
horseback riding, and other activities of a similar nature. A ‘Commercial Outdoor
Recreation’ Special Use Permit may be applied for in conjunction with other related
Special Use Permits such as a Guest Ranch or Guest Lodge/Event Venue. where a structure
and/or improvement is not required to conduct the use .
NOTE: Does BOCC and/or Planning Commission want a requirement for permitting here
only if the operations have any significant impact to public lands/infrastructure?
DENSITY - RESIDENTIAL. A statement of the average number of dwelling units allowed per
acre based on underlying zoning, typically used in reference to an existing or proposed Planned
Unit Development or ‘PUD’. unit of area, usually a number of dwelling units per acre or the
number of acres per dwelling unit. Such density shall be calculated by dividing the "allowable
area" gross land area of the development by the number of existing or proposed dwelling units
allowed. Except as provided in Section 24, gross land area shall be contiguous.
DRIVEWAY. A private vehicular right-of-way, accessing two or fewer no more than two
properties, from a private or public road. to a garage, house or other structure.
DWELLING, SINGLE FAMILY. A dwelling situated on one (1) lot and arranged,
designed or intended for occupancy by not more than one (1) Family in compliance with
the County building code. The dwelling must function as a continuous enclosure without
any impassable separation such as a wall or floor. Dwelling spaces joined by a garage or
breezeway are may be considered by the building official to be separate dwellings based
upon current adopted building code(s).
DUPLEX. A multi-family dwelling containing exactly two individual dwelling units, not
including hotels or lodges. Two dwelling units must be attached, having at least one or
more common walls.
FAMILY. An individual or group of people, whether related or not, who have a long-term
residence habitually reside in a single dwelling unit and form a single residential unit, who
share common living areas (e.g. laundry, kitchen, living room, garage, etc.) and expenses,
and are at least partially dependent upon each other for the care of the residential unit.
FLOOR AREA/INTERNAL FLOOR AREA. The total area of a building’s enclosed
spaces, measuring from the inside of the external walls., including all floors, corridors, and
hallways, and other habitable areas including but not limited to interior lofts and
Commented [MC10]: Circle back to this at a future work
session and see if there is the need for this definition.
Commented [MC11]: Need to come back to this!
Commented [MC12]: Nothing changing here...just a
clarification!
Commented [MC13]: This definition is good! May look at
a
gain???
PC DRAFT – 090226
Section 2 – Definitions: Draft Revisions
mezzanine(s) or similar. Does not include non-habitable storage space such as closets or
unconditioned crawl spaces.
FLOOD ZONE/SPECIAL FLOOD HAZARD AREA (SFHA) or FLOOD HAZARD
AREA. The area that will be inundated by a flood event having a 1 percent (1%) chance of
being equaled or exceeded in any given year.
GUEST RANCH (CURRENT/UNMODIFIED). A facility renting a maximum of 20 rooms
and lodging by the night or week to paying customers, and providing on-site meals, which offers
activities associated with western ranching and agriculture to guests as part of the
accommodations package. Such activities may include but are not limited to horseback riding,
livestock management, roping and other activities typically involved in running a working ranch.
The facility shall be principally a working ranch, whose primary purpose is agriculture with the
intent to produce income. A guest ranch shall include a minimum of 150 contiguous acres of
privately owned land.
GUEST RANCH (Modifed). A facility renting a maximum of 10 20 rooms and lodging by the
night or week to paying customers, and providing on-site meals, including the sale or service of
alcoholic beverages with a valid liquor license, and which may offer activities associated with
western ranching and agriculture to guests as part of the accommodations package. Such
activities may include but are not limited to horseback riding, livestock management, roping and
other activities typically involved in running a working ranch. A guest ranch shall include a
minimum of 70 contiguous acres of privately owned land.
GUEST LODGE (NEW). A facility renting a maximum of 10 lodging rooms, that may be
internal to a single lodging facility or a combination of lodging rooms and separate ‘guest
cabins’ which may be single or multi-unit structures. Facility may provide on-site meals
including sales of packaged food items and liquor sales with a valid liquor license, for on-
site consumption only. Guest cabins must meet all applicable building Land Use and
Building codes and may include a ‘kitchenette’ but not a full kitchen as defined by the
currently adopted building code