NEDERLAND — With a slight shakeup on their roster—prominent members had stepped down and some newcomers joined the table—the Nederland Planning Commission are headed into the second half of 2026 with some major amendments to Nederland Municipal Code (NMC) coming before them for recommendation. 

On June 24, 2026, Commissioners discussed and took action on three matters regarding land use, which is dictated by NMC Chapter 16, the Commission’s main purview. But first the Commission voted on nominations for board officer positions, as several Commissioner terms had ended, and some empty seats had recently been filled. 

Meet the new Commission 

In June, Commissioners Mike Dye, Elizabeth Penziner, and Jim Reis all had their terms come to an end. Though both Dye and Penziner reapplied to continue serving, the Commission still had three open seats.

On June 16, the Nederland Board of Trustees (BOT) voted to approve the appointment of William Renno to the Commission, eliminating a vacancy. 

The change of roster required the need for officer positions to be reappointed. Commissioner Linda Glasser nominated acting Vice Chair Tom Mahowald for Chair. After the approval of Mahowald’s appointment, he nominated Commissioner Dye for Vice Chair. Dye’s appointment was also approved. 

Additionally, earlier in the month one of the BOT’s newest members, Trustee Andrew Joslin, was appointed as the Board liaison to the Planning Commission. 

Send in the cows

Back in May, Commissioners heard a proposal from property owner Emmit Hoyl about relocating six steer to his Meadow Property at 0 East 3rd Street —behind the Nederland Post Office— for grazing purposes.  

Hoyl, despite having plans for the property in the future, offered to install the required fencing on the two-acre property in order to bring his “docile and personable” cattle to the meadow to graze for up to two months, specifically to help mitigate overgrown grass and vegetation for the dry summer season. 

Commissioners inquired about the potential impacts to the area, specifically whether there would be a noticeable smell, a disruption to local wildlife, or any trespassing issues for either people or off-leash dogs.

Hoyl stated that smell would not be a concern due to the number of cows and size of the land, and that a fence and signage should help to mitigate any trespassing. 

The proposal highlighted that the Town did not have any language in their code referring to the keeping of cattle in residential areas, though there was language regarding the keeping of horses. 

Rather than choose to dig back into Nederland’s animal-keeping ordinances, Commissioners directed Town staff to draft a new ordinance to repeal and replace NMC Section 16-77 of Chapter 16, amending the Temporary Use Permit process. 

Community Planner Britt DeMinck introduced a draft of Ordinance 893 during the Commissioners’ June meeting, which not only addressed the use of temporary grazing, but other “short-term land management activities,” including wildfire mitigation, weed control, ecological restoration, and agricultural education. 

The ordinance establishes application requirements for the permit process, which asks the applicant to include any plans or sketches, as well as any information on “operational considerations.” It also defines “temporary” to mean 90 consecutive days, and limits properties to 180 days per year. 

Evaluation criteria was also provided within the ordinance, empowering the Zoning Administrator to approve temporary uses based on its compatibility with surrounding uses; its plan to avoid any “unreasonable noise, odor, dust, lighting, traffic, or nuisance impacts”; and on its protection of public rights-of-way, emergency access routes, and waterways.

Additional conditions of approval for temporary use include the “intensity of use,” the parking and traffic management plan, the protection of the surrounding environment and properties, and the signage, lighting, sanitation, and waste disposal considerations. 

Commissioner Penziner appreciated the thoroughness of the draft ordinance, commenting that its clear and understandable language created a “safety net” for efficient code enforcement.

Commissioner Dye asked whether the ordinance should include criteria related to temporary use applicants communicating with those neighbors who may potentially be affected by the proposed use.

DeMinck stated that Short Term Rental applicants are required to notify residents within a certain radius of the property, and that such a requirement can be added to the Temporary Use Permit process.

Ultimately, the Commission made few suggestions for changes to the draft ordinance, and expects to discuss and then vote on a final version of Ordinance 893 in August. Meanwhile, Hoyl will determine whether he is still interested in pursuing his grazing plan considering the delay. 

More compliance, please 

The Commissioners were required to consider Ordinance 892, making changes to NMC Section 16-33 of Chapter 16 to “ensure full compliance” with House Bill 24-1152, despite the Commission and the BOT already having passed Ordinance 888 back in April. This met state compliance regarding setback limits for principal properties and for Accessory Dwelling Units (ADU). 

Ordinance 888 established that properties zoned Mountain Residential and Low Density Residential are required to have a 40-foot rear setback for the principal structure, a 40-foot rear setback for the ADU, and a 10-foot Accessory Use setback. 

High Density Residential and Neighborhood Commercial zoned properties are required to have a 15-foot rear setback for the principal structure, a 15-foot rear setback for the ADU, and a 5-foot Accessory Use setback.

And Medium Density Residential zoned properties are required to have a 25-foot rear setback for the principal structure, a 25-foot rear setback for the ADU, and a 5-foot Accessory Use setback.

After Ordinance 888 was passed, the Colorado Department of Local Affairs (DOLA)  notified the Town of an additional provision required before Nederland could be considered in full compliance. 

“State law (C.R.S. § 29-35-403(2)(c)) prohibits local governments from applying a more restrictive minimum lot size standard to ADUs than is required for a single-unit detached dwelling in the same zoning district,” Community Planner DeMinck stated. 

Ordinance 892 aimed to rectify the issue by clarifying that the minimum lot size requirement applies to the entire lot as a whole, not each dwelling unit, meaning that the ADU lot size requirement cannot exceed that of the primary structure.

Commissioner Penizer asked whether a primary structure with an attached ADU counts as one or two dwelling units, to which DeMinck answered that Nederland’s code currently recognizes a structure with an “integrated” ADU as one lot. In that scenario, the property owner would be allowed to have a second detached ADU if their lot size permitted it. 

Chair Mahowald inquired as to whether DeMinck expects any guidance from the State or from DOLA on the issue of Nederland permitting more than one ADU per lot. DeMinck noted that, though some municipalities are beginning to make such considerations, Nederland’s imposed yard and bulk setbacks and high Plant Investment Fees are major deterrents. 

The Commission voted to recommend approval of Ordinance 892. 

The art of defunkification  

DeMinck led Commissioners in a discussion regarding the suggestion—appearing in the Town of Nederland’s several planning documents and initiatives—to implement Flex Zoning as a tool to support housing development and commercial redevelopment. 

Flex Zoning refers to an implementation that allows for a flexibility of uses within property zones, which helps to minimize the need for complex code changes. Such implementations could be used to promote alternative solutions for housing needs and commercial operations in some of Nederland’s more problematic areas. 

DeMinck noted that some “funky spots” where flex zoning could be beneficial include the Wolf Tongue industrial area—notably the property that burned down at 19 West 1st Street, which has been proposed to be rebuilt as a commercial space—and some general commercial space near East Street Garage and Mountain Auto Repair, which DeMinck added may not be infrastructurally suited for commercial development.   

Though Town staff had provided suggestions for how Commissioners could define what “Flex Zoning” means specifically for Nederland, the discussion focused mainly on the BOT’s strategic planning and whether the issue of Flex Zoning would be considered a priority.

Trustee Andrew Joslin mentioned that the BOT are interested in tackling the problem of vacant properties remaining closed or inhabitable for long periods of time. However, it was specified that the strategic planning sessions had yet to begin.

Both DeMinck and the majority of the Commission felt that the issue was quite complex, and determined that a full review of the uses permitted within each specific property zone should possibly be conducted rather than directing Town staff to draft an entirely new policy.

DeMinck stated that the issue will be brought up to the BOT in the near future, and suggested for the meantime that any property owners with the need to review the allowed uses of their property should bring their matter before Commissioners or Trustees.  

The Nederland Planning Commission meets on the fourth Wednesday of every month. Their next meeting is scheduled for Wednesday, July 22, 2026, at 6 p.m. Meetings can be attended online via WebEx. 

For more information: townofnederland.colorado.gov/planning-commission.