7-1 General Provisions

A.    Title and Short Title

Chapter VII of the Ouray City Code, as amended from time to time, may be cited as the Ouray Land Use Code or OLUC.

B.    Authority

It is the intention of the City in adopting this Code to fully exercise all relevant powers conferred on it by the laws of the State of Colorado, including, but not limited to, the following:

1.    Home Rule Municipality. All of the powers reserved to the City as a home rule municipality under Article XX of the Colorado Constitution.

2.    State Enabling Legislation. All of the powers granted to the City by:

a.    Colorado Revised Statutes, Title 29, Article 20, provisions of the Local Government Land Use Control Enabling Act of 1974.

b.    Colorado Revised Statutes, Title 31, Article 12, provisions of the Municipal Annexation Act of 1965.

c.    Colorado Revised Statutes, Title 24, Articles 65, 67, and 68, that provide for the review of areas and activities of state interest, authorize the planned unit development approach to land development and provide for the establishment of vested property rights.

d.    Colorado Revised Statutes, Title 31, Article 23 that enables municipalities to adopt zoning regulations and subdivision requirements.

e.    All Other Powers Authorized. All other powers authorized by statute or by common law for the regulation of land uses, land development and subdivision, including, but not limited to, the power to abate nuisances.

C.    Purposes

The general purposes of the OLUC are as follows:

1.    Promote and protect the public health, safety, and welfare;

2.    Insure that new development bears its fair share of the cost of providing new improvements and services;

3.    Establish uniform procedures and standards for all proposed development of land with the City of Ouray;

4.    To facilitate adequate provisions for water, sewage, storm water, fire protection, schools, parks, open space, recreation, public utilities and other public and historical buildings;

5.    To maintain the scenic beauty of the Ouray area;

6.    To manage development that mitigates and minimizes hazards due to erosion, geologic conditions, flood, soil conditions, excessive slopes and other potential dangers to public health, safety and welfare;

7.    Implement the goals, objectives and policies of City’s Master Plan;

8.    Preserve the neighborhoods and protect property values in Ouray;

9.    Promote energy conservation, use of alternate energy sources, cluster development and other land use practices that result in reduced energy consumption;

10.    To encourage the development of affordable housing and encourage the development of long-term rental housing;

11.    Protect quality of air, cultural and natural resources;

12.    To protect the City’s water resources by maintaining the natural watershed, preventing accelerated erosion, reducing run off and consequent sedimentation, and eliminating pollutants introduced directly or indirectly into the City’s streams;

13.    To manage and regulate the density of land use and prevent demands on existing services and infrastructure that cannot be satisfied;

14.    To enhance and provide for safe and efficient flow of vehicles and pedestrians; and

15.    To otherwise plan for and regulate the use of land so as to provide for a planned and orderly use of land and encourage the most appropriate use of land throughout the City.

D.    Rules of Interpretation

For purposes of interpretation of the OLUC, the rules set out in this Section shall be observed, unless such construction would be inconsistent with the manifest intent or purpose of the City as expressed in this Chapter. Words and phrases shall be construed according to the common and approved language, but technical words and phrases as may have acquired a particular meaning shall be understood according to such meaning.

1.    Conflicting Provisions

a.    Whenever the requirements of the OLUC are in conflict with the requirement of another provision of the Ouray Municipal Code or any other rule, regulation, resolution or ordinance of the City, the requirements that are the most restrictive or impose a higher standard or requirements shall govern.

b.    The provisions of the OLUC are in addition to all other City ordinances, the law of the State of Colorado, the law of the United States, and applicable common law. The OLUC shall not supersede any private land use regulations in deeds or covenants that are more restrictive than this Code.

2.    Provisions are Minimum Requirements

The intent and provisions of the OLUC shall be regarded as the minimum required for the protection of the public health, safety and welfare. They shall be liberally construed to further these purposes.

3.    Computation of Time

The time within which an act is to be done shall be computed in accordance with the City’s Home Rule Charter.

a.    Day. Day shall mean calendar day, including Saturdays, Sundays and legal holidays. Business day shall mean a day that the City offices are open to the public.

b.    Week. The word "week" shall mean seven (7) days.

c.    Month. The word "month" shall mean thirty (30) days.

d.    Year. The word "year" shall mean 365 days.

4.    Singular/Plural and Gender

The masculine includes the feminine, the singular the plural, and vice versa.

5.    Shall/May

The word "shall" is mandatory. The word "may" is permissive.

6.    Tense

Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

7.    Liability

The OLUC, or any administrative act or failure to act, pursuant to the regulations contained herein, shall not create any liability on the part of the City or any officer or employee thereof.

E.    Severability

If any part of the OLUC or the application or enforcement thereof to any person or circumstance is held invalid, the remainder of the OLUC and its application to other person or circumstances shall not be affected thereby.