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Grand Junction City Zoning Code

CHAPTER 21

02 Administration and Procedures

§ 21.02.010 Decision-making authority.

(a) 
City Council.
In addition to the powers and duties in City Charter Article VI, the City Council shall:
(1) 
Appoint members to the Planning Commission, the Zoning Board of Appeals, and the Historic Preservation Board.
(2) 
As it deems appropriate, decide, adopt, and/or amend a:
(i) 
Comprehensive Plan;
(ii) 
Area, corridor, neighborhood, circulation, street, annexation, or other City plan;
(iii) 
Vacation of right-of-way and of lesser interest in land such as an easement;
(iv) 
Designation of a local historic site, structure and/or district, and revocation of such designation; and
(v) 
Fee to pay for, at least in part, the impacts of development, consistent with the nexus study for the fee when applicable.
(3) 
Hear and decide requests for:
(i) 
Annexation and change to the City's limits;
(ii) 
Zoning and/or change to zone or a Zoning Map, including a Planned Development zone;
(iii) 
Special Dimensional Permit;
(iv) 
Planned Development Outline Development Plan (ODP) or change to an ODP;
(v) 
Preliminary Plan for a Planned Development without a valid ODP;
(vi) 
Revocable Permit for use or occupancy of a City right-of-way or public place (except that the City Council may delegate such authority to the Director for minor or temporary uses or occupancies such as landscaping or irrigation facilities);
(vii) 
Vested right for a site-specific development plan per GJMC § 21.02.050(r)(2);
(viii) 
Appeal of Planning Commission and Director decisions as provided in this Code;
(ix) 
Street name change;
(x) 
Fee in lieu of land dedication waiver;
(xi) 
Sewer variance; and
(xii) 
Appeal of decisions of Historic Preservation Board.
(b) 
Planning Commission.
(1) 
Composition.
The Planning Commission shall consist of seven regular members and two alternate members. Alternate members shall attend Commission meetings and shall serve and vote as may be required during the temporary unavailability of any regular member. The City Council shall, at the time of appointment, designate a first alternate and a second alternate; each shall fill in during the temporary absence of a regular member according to their priority. Members shall be appointed to provide a balanced, community-wide representation.
(2) 
Member Qualifications.
Regular and alternate members shall be residents of the City of Grand Junction and shall represent the interests of the City as a whole. No member shall be employed by the City, hold any other City office, or be a contractor with the City. The members shall be selected from the fields of engineering, planning, architecture, construction trades, and/or law, and from citizens at large.
(3) 
Term.
Members shall serve terms of four years. Members are limited to two consecutive terms.
(4) 
Vacancies.
When there is a vacancy among the regular members of the Planning Commission, the first alternate shall be appointed to fill it, the second alternate shall become the first alternate, and a new second alternate shall be appointed. All vacancies shall be filled by appointment by the City Council. If a member ceases to reside in the City, that person's membership on the Commission shall immediately terminate and an appointment made to fill the unexpired term.
(5) 
Removal.
Members may be removed after public hearing by the City Council on grounds of inefficiency, neglect of duty, malfeasance, or misfeasance in office. The City Council shall make public a written statement of reasons for removal prior to any public hearing seeking removal of a member.
(6) 
Meetings.
Planning Commission meetings shall be regularly scheduled not fewer than one time per month, provided there are pending items or matters to be brought before the Commission, at a time and place designated annually by resolution of the City Council. Special meetings may be held as provided by rules of procedure adopted by the Commission and/or this Code or law.
(7) 
Voting.
The presence of four voting members shall constitute a quorum. All recommendations to the City Council and all final decisions of the Planning Commission shall require an affirmative vote of no fewer than four members (a majority of the seven members of the Commission, which may be comprised of regular, or regular plus alternate, members).
(8) 
Compensation.
Members shall be compensated at a rate established by the City Council by resolution.
(9) 
Powers and Duties.
Except as otherwise provided by this Code, or by ordinance, rule, policy or regulation of the City Council, the Commission shall be governed by § 31-23-201 C.R.S., et seq. and shall have the powers provided therein. The Commission's actions shall be governed by the procedures set forth in this Code, and/or law, ordinance, rule, regulation, or policy of the City Council. The powers and duties of the Planning Commission include, but are not limited to:
(i) 
Provide a recommendation to the City Council on adoption of or amendment to any of the following:
(A) 
Comprehensive Plan; and
(B) 
Area, corridor, neighborhood, circulation, traffic, or other City plan.
(ii) 
Hear and make a recommendation to the City Council upon any request for a:
(A) 
Vacation of Public Right-of-Way or Easement;
(B) 
Code text amendment;
(C) 
Zoning or change to a zone or Zoning Map, including Planned Development zoning;
(D) 
Special Dimensional Permit;
(E) 
Planned development Outline Development Plan or major amendment thereto;
(F) 
Vested right as provided in this Code for a Site-Specific Development Plan; and
(G) 
Sewer Variance.
(iii) 
Decide:
(A) 
Plat Vacation;
(B) 
Conditional Use Permit;
(C) 
Variance as provided by this Code; and
(D) 
Other tasks as assigned by the City Council.
(c) 
Zoning Board of Appeals (ZBA).
(1) 
Composition.
The Zoning Board of Appeals shall consist of three members, who shall represent the interests of the City as a whole. Members shall be appointed by the City Council from time-to-time. Generally, members shall be the Chairperson of the Planning Commission along with the first and second alternate Planning Commission members, or as otherwise appointed by the City Council.
(2) 
Removal.
The City Council may, after a public hearing, remove any member of the Board for good cause including inefficiency, neglect of duty, malfeasance, or misfeasance in office. The Council shall make public a written statement of the reasons for the removal prior to the public hearing.
(3) 
Meetings.
The Board shall meet on an as-needed basis.
(4) 
Voting.
The presence of two members shall constitute a quorum of the Board. A majority of a quorum of the Board shall be sufficient to conduct the business of the Board. A lesser number than a quorum may act to adjourn or continue a meeting.
(5) 
Compensation.
Members shall be compensated at a rate established by the City Council by resolution.
(6) 
Powers and Duties.
Except as otherwise provided by this Code, ordinance, rule, policy, or regulation of the City Council, the Zoning Board of Appeals shall be governed by § 31-23-307 C.R.S. The Board shall have the power and duty to decide:
(i) 
Appeals of administrative determinations as provided in GJMC § 21.02.050(k);
(ii) 
Requests to for Variances per GJMC § 21.02.050(q); and
(iii) 
Requests for relief from the nonconforming provisions established in GJMC Chapter 21.12.
(d) 
Director.
The Director shall serve as the administrator of this Code at the direction of the City Manager. The Director shall serve as staff to the Planning Commission, the Zoning Board of Appeals and the Historic Preservation Board and shall have such other duties and responsibilities as specifically prescribed in this Code. The term Director also includes the Director's designee(s).
(1) 
Powers and Duties.
The Director shall render the decision on every request for
(i) 
Any Administrative Permit listed in GJMC § 21.02.040;
(ii) 
Site Plan Review (Major or Minor);
(iii) 
Sign Package;
(iv) 
Minor Subdivision
(v) 
Subdivision Final Plat;
(vi) 
Subdivision Construction Plan;
(vii) 
Subdivision Preliminary Plan;
(viii) 
Planned Development Final Plan and minor amendment to a Final Plan;
(ix) 
Development Improvement Agreement;
(x) 
Administrative Adjustment;
(xi) 
Revocable Permit for landscaping and irrigation in the public right-of-way and other such use of the right-of-way as delegated by the City Council;
(xii) 
Administrative Comprehensive Plan Amendment.
(e) 
Historic Preservation Board.
(1) 
Composition.
The Historic Board shall consist of not fewer than five nor more than seven members appointed by the City Council. The City Council shall determine the number of members when it makes an appointment. Members shall be appointed to provide a balanced, community-wide representation.
(2) 
Member Qualifications.
When there are more than five members, at least four shall be professionals or have expertise in a preservation-related discipline such as history, architecture, or planning or archaeology; when there are five members, at least three shall have such qualifications.
(3) 
Term.
Members shall serve four-year terms. City Council shall stagger the terms from the date of appointment. A member may continue to serve until a successor has been appointed.
(4) 
Vacancies.
Vacancies shall be filled by appointment by the City Council.
(5) 
Removal.
Members may be removed by the City Council without cause.
(6) 
Meetings.
The Historic Board shall establish a regular meeting schedule. Minutes shall be kept of all proceedings. The Board shall conduct its business in accordance with the Open Meetings and Public Records Acts and other laws applicable to public bodies.
(7) 
Voting.
A quorum shall require three members if the Historic Board consists of five members; four if it consists of more than five members. A quorum shall be required for the Board to conduct any business, and an affirmative vote of the majority of those present shall be required to pass any motion.
(8) 
Compensation.
Members serve without compensation, except that the City Council may authorize, in advance, payment of such amounts it determines appropriate to offset expenses incurred in the performance of Board duties.
(9) 
Powers and Duties.
The Historic Board shall, after public notice and solicitation of public comment:
(i) 
Recommend eligibility criteria for the designation of historic resources and for review of proposals to alter designated resources;
(ii) 
Review and determine qualifications of properties nominated for designation as either an historic structure, site or district and recommend to City Council approval or denial of a designation;
(iii) 
Upon property owner's request, review and make recommendations to the owner on proposed alterations to a designated historic structure, site, or district;
(iv) 
Advise and assist owners of historic properties on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, including nomination to the City Register, the State Register, and the National Register of Historic Places;
(v) 
Develop and assist in public education programs including, but not limited to, walking tours, brochures, a marker program for historic properties, lectures, exhibits and conferences;
(vi) 
Conduct surveys of historic sites, properties, and areas for the purpose of defining those of historic significance and prioritizing the importance of identified historic areas. The Historic Board may create a list of structures of historical or archeological merit which have not been designated;
(vii) 
Advise the City Council on matters related to preserving the historic character and substance of the City and recommend easements, covenants, licenses, and other methods which would implement the completion of the purposes of this section;
(viii) 
Actively pursue financial assistance for preservation-related programs;
(ix) 
Review and decide applications for a Certificate of Appropriateness for alteration to a site and/or structure in the North Seventh Street Historic Residential District; and
(x) 
Review and decide applications for changes to other historic sites and structures as specifically prescribed by this Code for a duly designated historic site, district, or area.
(Ord. 5190, 12/20/2023)

§ 21.02.020 Summary table of review and decision-making bodies.

Table 21.02-2: Summary Table of Review and Decision-Making Bodies
R = Recommendation D = Decision A = Appeal
Section
Procedure
Director
Plan Comm.
HPB
City Council
ZBA
Administrative Permits
Change of Use Permit
D
A
Fence Permit
D
A
Floodplain Development Permit
D
A
Home Occupation Permit
D
A
Planning Clearance and Building Permit
D
A
Sign Permit
D
A
Temporary Use Permit
D
A
Any Administrative Permit not listed
D
A
Administrative Approvals
Administrative Adjustment
D
A
Code Interpretation by Director
D
A
Comprehensive Plan Amendment, Administrative Changes [1]
D
A
Final Plat
D
A
Group Living Processes
D
A
Minor Plat Amendment
D
Preliminary Subdivision Plan
D
A
Revocable Permit, Director approval [2]
D
A
Sign Package
D
Minor Subdivision
D
A
Site Plan, Major or Minor
D
A
Applications Requiring a Public Hearing
Annexation
R
D
Code Text Amendment
R
R
D
Comprehensive Plan Amendment (CPA), Non-Administrative
R
R
D
Conditional Use Permit (CUP)
R
D
A
Conditional Use and Special Dimensional Permit Amendment, Termination, or Revocation
R
D
A
Extended Temporary Use
R
R
D
Institutional and Civic Facility Master Plans
R
R
D
Planned Development
R
R
D
Revocable Permit, City Council Approval
R
D
Rezoning
R
R
D
Special Dimensional Permit
R
R
D
Vacation of Plat [4]
R
D
A
Vacation of Public Right-of-Way or Easement
R
R
D
Variance
R
D
Vested Property Rights
R
R
D
Historic Preservation
Historic Preservation Procedures
R
R or D[4]
D or A[4]
Notes:
[1]
Administrative Changes as defined in GJMC § 21.02.040(f).
[2]
Revocable Permit for irrigation or landscaping.
[3]
For a Vacation of Plat without public right-of-way or easement.
[4]
For Certificate of Appropriateness, North Seventh Street Historic District.
(Ord. No. 5229, 8/21/2024; Ord. 5190, 12/20/2023)

§ 21.02.030 Commonly applicable procedures.

The requirements described in this section are common to many of the procedures contained in this Code. Table 21.02-3 summarizes the common application procedures in this Code and identifies whether they are required for the specific procedures defined in GJMC § 21.02.050. Exceptions to these general rules apply and may be identified in the regulations for the specific procedures.
(a) 
Summary Table of Commonly Applicable Procedures.
Table 21.02-3: Summary Table of Commonly Applicable Procedures
* = Optional check mark ✓= Required Gray Box = Not Applicable
PDIM = Proposed Development Information Meeting
NCM = Neighborhood Comment Meeting
Section
Procedure
General Mtg
Pre-App Mtg
Applic. Outreach Mtg
Public Notice
Public Hearing
Detailed requirements in GJMC:
§ 21.02.030 (b)(1)
§ 21.02.030 (b)(2)
Administrative Permits
§ 21.02.040 (c)(2)(i)
Change of Use Permit
Fence Permit
§ 21.02.040 (c)(2)(ii)
Floodplain Development Permit
Home Occupation Permit
Planning Clearance and Building Permit
§ 21.02.040 (c)(2)(iii)
Sign Permit
Temporary Use Permit
Administrative Approvals
Administrative Adjustment
*
*
Code Interpretation
Comprehensive Plan Amendment, Administrative Changes
*
*
Final Plat
*
*
Group Living Processes
*
*
PDIM [3]
Minor Subdivision
*
*
Preliminary Subdivision Plan
*
PDIM [2]
Revocable Permit, Director approval
*
*
Sign Package
*
*
Site Plan (Major)
*
✓ [1]
Applications Requiring a Public Hearing
Annexation
*
*
NCM
Code Text Amendment
*
*
NCM
Comprehensive Plan Amendment (CPA), Non-Administrative
*
*
NCM
Conditional Use Permit (CUP)
*
*
NCM
Conditional Use and Special Dimensional Permit Amendment, Termination, or Revocation
*
*
NCM
Extended Temporary Use
*
*
NCM
Institutional and Civic Facility Master Plans
*
*
NCM
Planned Development
*
NCM [4]
Rehearing and Appeal
*
*
Revocable Permit, City Council Approval
*
*
Rezoning
*
*
NCM
Special Dimensional Permit
*
*
NCM
Vacation of Plat
*
*
NCM
Vacation of Public Right-of-Way or Easement
*
*
NCM
Variance
*
*
NCM
Vested Property Rights
*
*
Historic Preservation
Historic Preservation Procedures
*
*
Notes:
[1]
Major site plans only.
[2]
PDIM, Major subdivision only.
[3]
PDIM required for Fraternity/Sorority, Group Living, and Rooming/Boarding House applications.
[4]
Neighborhood Comment meetings are only required at the time of Outline Development Plan and a subsequent Neighborhood Comment or Proposed Development Information Meeting is not required for the associated Final Development Plan and Preliminary Subdivision Plan.
(b) 
General and Pre-Application Meetings.
The purpose of General and Pre-Application Meetings is to provide an opportunity for the applicant and the City to discuss the development concept prior to the application submission for a project or permit.
(1) 
General Meeting.
(i) 
Purpose.
The purpose of a General Meeting is to allow an applicant to discuss a project concept with City staff to obtain general feedback and ideas.
(ii) 
Applicability.
A General Meeting is optional for all development applications.
(iii) 
Procedure.
(A) 
Based on the level of detail and information provided, the staff will give direction on the merits, procedures, and issues on a proposed project.
(B) 
A General Meeting is advisory only and does not constitute or effect approval of any aspect or item of an application.
(C) 
Applicants that participate in a General Meeting may still participate in a Pre-Application Meeting.
(2) 
Pre-Application Meeting.
(i) 
Purpose.
The purpose of a Pre-Application Meeting is to:
(A) 
Understand the proposed project and the applicant's specific objectives;
(B) 
Identify applicant time goals such as property closing dates, construction starts, and operation dates;
(C) 
Identify City approvals needed before any development starts;
(D) 
Identify documents, plans, drawings, fees, and process other materials necessary for a complete application;
(E) 
Identify significant issues; and
(F) 
Begin to familiarize the applicant with City requirements and this Code.
(ii) 
Applicability.
A Pre-Application Meeting is required for the following application types and optional for all other development applications:
(A) 
Preliminary Subdivision Plan;
(B) 
Major Site Plan; and
(C) 
Planned Development.
(iii) 
Procedure.
(A) 
The Director shall inform the applicant what information the applicant must supply at the time of application submittal to begin the assessment of the project. The Director shall list the requirements and all relevant information in the applicant's project file.
(B) 
Any information or discussions held at the Pre-Application Meeting shall not be binding on the City or the applicant. Discussions of potential conditions or commitments to mitigate impacts do not reflect actions by the decision-making body until and unless a decision-making body takes formal action to attach that condition or commitment to an approval.
(C) 
The City is not responsible for making or keeping a summary of the general topics discussed at the Pre-Application Meeting.
(D) 
Where a Pre-Application Meeting is required for a specific application type, the application shall be filed within one year of the meeting or a new meeting shall be required.
(c) 
Application Outreach Meetings.
(1) 
Purpose.
The purposes of Application Outreach Meetings are to:
(i) 
Inform neighboring property owners of the details of a proposed development;
(ii) 
Identify how the developer intends to meet the standards contained in this Code; and
(iii) 
For specific application types, to allow the applicant to receive preliminary public comment on the proposal.
(2) 
Meeting Types.
There are two types of Application Outreach Meetings:
(i) 
A Neighborhood Comment Meeting (NCM) is held prior to a public hearing on an application. The purpose of an NCM is to allow the neighborhood to provide that applicant with feedback that may be relevant to improving the design of the project to address neighborhood concerns that may otherwise be raised at the public hearing.
(ii) 
A Proposed Development Information Meeting (PDIM) is held to share information about a proposed project with the neighborhood. Attendees are invited to share comments but shall be informed that the standard of approval for the application is compliance with this Code and suggestions may not be incorporated.
(3) 
Applicability.
(i) 
An Application Outreach Meeting is required as indicated in Table 21.02-2 and is optional for all other applications.
(ii) 
The Director may waive this step if the project will have little potential to create material negative impacts on the surrounding neighborhood. If the Director waives a required outreach meeting, the Director will provide the applicant a written explanation of the reasons why the meeting was waived for inclusion with the project application.
(4) 
Notice.
(i) 
The applicant shall provide written notice of the meeting type (NCM/PDIM), date, time, place, and subject of the meeting to the Director for approval at least 14 days before the meeting. This shall include all information required to access the meeting if conducted virtually.
(ii) 
Once the notice has been approved, the Director will assist the applicant to identify all property owners and organized groups in the neighborhood or outreach area. The application shall:
(A) 
Mail the notice to every owner and group identified, as well as the Community Development Department.
(B) 
Provide courtesy electronic notice to any affected neighborhood organizations that request notification from the Community Development Department. A copy of the meeting notice shall be attached to the electronic notice to allow additional distribution within the organization.
(iii) 
The notice must be mailed/emailed no later than 10 calendar days prior to the meeting date.
(iv) 
For purposes of this section, all properties located within a radius of 500 feet of any portion of the project are considered "the neighborhood." Notice shall also be provided to organized groups that have registered with the City, such as a homeowners' association, condominium association, neighborhood group, or any member's lot or parcel within 1,000 feet of the project.
(v) 
Community Development staff is not responsible for verifying or correcting email addresses provided by a neighborhood organization and failure of a neighborhood organization or individual member to receive notice does not affect the validity of the Application Outreach Meeting.
(5) 
Procedures.
(i) 
Meeting Time and Procedure.
(A) 
The applicant must provide for and conduct either a physical or virtual meeting. Meetings must be held on a non-holiday, weekday evening beginning between 5:30 p.m. and 8:00 p.m.
(B) 
A required Application Outreach Meeting must be held 180 days or fewer before the application is submitted.
(ii) 
Meeting Content and Conduct.
(A) 
At the meeting, the applicant shall present a concept plan, describe project impacts, describe ways to mitigate impacts, facilitate a discussion, and answer questions during the meeting. A concept plan is not required at a NCM for comprehensive plan amendments, code text amendment, zone of annexation and/or rezones.
(B) 
The concept plan shall, at a minimum, delineate access to the site, internal circulation, the range of density of the entire property or the maximum intensity (square footage and stories for all buildings).
(C) 
The meeting shall be conducted so that participants have an opportunity to ask questions and provide comments.
(D) 
A member of City staff shall attend the meeting and be available to explain applicable Code requirements and, as needed, the project's compliance with the Comprehensive Plan and any applicable adopted plan or ordinance.
(iii) 
Information Provided with Application.
(A) 
The following information shall be included with the application submittal:
a. 
A written list of names and addresses of those given notice, how notice was provided, and meeting participants.
b. 
A written summary of the meeting including all public comments.
(B) 
The Director shall make, or instruct the applicant to make, the summary available to the meeting attendees and the public for inspection following the filing of a complete application.
(d) 
Application Submittal and Fees.
(1) 
Application Requirements.
(i) 
Applications shall be submitted on the prescribed forms and according to the deadlines contained in the Submittal Standards for Improvements and Development (SSID) manual. The City may also make application forms available electronically.
(ii) 
The Director may require additional information necessary to evaluate the application based on size, complexity, development timeline, or potential impacts of the project on the surrounding neighborhood or the City's transportation or utility systems.
(iii) 
The Director may waive application submittal requirements of this Code in order to reduce the burden on the applicant and tailor the requirements to the information required to review a specific application. The applicant shall make a written request identifying the specific submission items to be waived and why, and the Director may waive the requirements on a finding of the following:
(A) 
The applicant shows good cause for the requested waiver;
(B) 
The project size, complexity, anticipated impacts, or other factors support a waiver;
(C) 
The waiver does not compromise a proper and complete review; and
(D) 
The information is not material to describing the proposal or demonstrating compliance with approval criteria.
(2) 
Fees.
(i) 
Initial Application.
The applicant shall pay all required application fees to the City in full before an application will be reviewed by the Director or scheduled for a public hearing. Application fees are generally nonrefundable.
(ii) 
Changes to Complete Applications.
In addition to fees set forth in the City fee schedule, the following fees shall apply to actions taken on a complete application:
(A) 
Withdrawn Application.
All fees are forfeited in the event the City has incurred any expense related to the application. If the application is refiled within 180 calendar days a resubmittal fee must be paid. The submission fee shall be paid again in full if the application is resubmitted after six months.
(B) 
Continuance of Application.
Payment of fees may be required to cover the cost of additional notice.
(C) 
Reapplication.
Payment of fees shall be required for a reapplication where a previous application has been denied.
(D) 
Modification or Revision of Approved Site Plan.
a. 
Minor Modifications.
An application for administrative relief and payment of the associated fee is required.
b. 
Major Modifications.
Any requested modifications that do not qualify for administrative relief shall be considered major modifications. A new application is required along with the associated application fee.
(3) 
Who Can File an Application.
Applications processed under this Code shall be submitted by one of the following unless otherwise specified in this Code:
(i) 
The owner(s), or any other person having a recognized property interest in the land on which development is proposed within the City;
(ii) 
A person authorized to submit the petition on behalf of the owner or other person having a recognized property interest in the land, as evidenced by a letter or document signed by the owner; or
(iii) 
Planning Commission, City Council, or City staff may file an application for a Comprehensive Plan Amendment, Code Amendment, Planned Development, or a Rezoning.
(4) 
Determination of a Complete Application.
(i) 
A complete application is one that contains all of the information, materials, and fees required by Subsections (d)(1) and (2), above. On determining the application is complete, the Director shall accept the application for review in accordance with the procedures and standards of this Code. Incomplete applications will not be processed or reviewed by the City.
(ii) 
If the application is deemed incomplete, the Director shall notify the applicant of the information or materials that are still needed to make the application complete.
(A) 
The applicant shall have 45 days to resubmit a completed application.
(B) 
If the applicant does not resubmit the application within 45 days, the application shall be considered abandoned. The City shall return the application to the applicant and take no further steps of review.
(e) 
Application Review.
(1) 
Staff Review.
An application shall be reviewed by City staff and other appropriate external agencies for compliance with applicable regulations, laws, and policies. Upon completion of staff review, the staff shall provide its comments in writing to the applicant.
(2) 
Review by Other Agencies.
The staff shall forward copies of the applications to appropriate agencies for their comments. Examples of review agencies are:
(i) 
City departments;
(ii) 
Telecommunications, gas, electric and other utilities;
(iii) 
Irrigation, drainage, water and sewage, sewer provider special districts;
(iv) 
School and fire agencies;
(v) 
Law enforcement;
(vi) 
Mesa County staff, Planning Commission, or Board of Commissioners;
(vii) 
State agencies (e.g., Colorado Geologic Survey, Colorado Department of Transportation, Colorado Department of Natural Resources, Colorado Division of Wildlife); and
(viii) 
Federal agencies (e.g., Federal Emergency Management Agency, Bureau of Land Management, U.S. Army Corps of Engineers).
(3) 
Agency and Department Comments.
External agency reviews will be advisory in character and do not constitute approval or disapproval. All comments shall be forwarded to the applicant for response.
(4) 
Applicant's Response.
An application submitted to the City for review must be diligently pursued and processed by the applicant. Applicants shall have 90 days to resubmit revised documents to address comments from the City or the application shall be considered inactive and abandoned. The Director may grant two extensions to the resubmission deadline, not to exceed a total extension of 180 days.
(5) 
Review of Response.
The Director shall determine if sufficient information has been provided to schedule an application for a hearing or approve, approve with conditions, or disapprove the application. If the application is insufficient the applicant shall be notified. The applicant shall be allowed additional resubmittals and responses, pursuant to the same timeframes as the original response, before the application is scheduled for a hearing or before the Director decides whether the application is complete.
(6) 
Final Report.
The Director's written report and recommendations shall be made publicly available at least three calendar days before a public hearing.
(f) 
Complete Applications with Changed Status.
(1) 
Withdrawn Application.
(i) 
An applicant may withdraw an application by providing written notice to the Director of the applicant's intent to withdraw. After such withdrawal, no further City action on the application shall take place.
(ii) 
Fees will not be refunded for a withdrawn application.
(iii) 
For any application requiring a public hearing, the applicant may request in writing that the application be withdrawn before the hearing is opened. An applicant may ask to withdraw after the hearing is opened, but the decision-making body will decide whether or not to approve the request.
(2) 
Postponement.
(i) 
The applicant may request an application be postponed to a future scheduled public hearing date.
(ii) 
A request submitted prior to public notice: shall be in writing, sent either by mail or email, and received by the Director prior to date of publication of the notice of public hearing.
(iii) 
If a request is either submitted or received by the Director following publication of notice: The applicant must attend the public hearing to request the application be postponed to a future scheduled public hearing date.
(iv) 
If the Director determines the applicant is not taking affirmative steps to advance a postponed application for a final determination or the applicant requests that an application be postponed for a second time, the Director may declare the application terminated.
(A) 
No further processing of such application shall occur and the application fees shall be forfeited.
(B) 
Any re-submittal of the application shall be treated as a new application for purposes of review, scheduling, and payment of application fees.
(g) 
Public Notice and Public Hearing Requirements.
(1) 
Purpose.
Public hearings must comply with legal requirements for due process (the opportunity to be heard) and allow for community input.
(2) 
Applicability.
(i) 
Notice shall be provided as required by Table 21.02-4 and all costs to provide notice shall be paid by the applicant.
(ii) 
The Director may determine based on the scope or nature of the project that additional notice shall be provided, which shall be done at the applicant's cost.
(iii) 
If a project requires action on several applications at the same hearing, the Director may provide for a single, combined notice.
(3) 
Public Notice.
(i) 
Notice Required.
(A) 
Applications for development shall comply with the Colorado law and the provisions of this section with regard to public notification. The required notice for each application type is identified in Table 21.02-4. Application-specific notice requirements are located in the section for the specific application types.
(B) 
No public notice under this section shall be made for incomplete applications or for applications requiring additional revisions and review. Applications that remain incomplete or requiring revision after the notice publishing, posting, or mailing deadline shall be removed from the applicable meeting agenda and placed on the next available meeting agenda.
(ii) 
Summary Table of Public Notice Requirements.
Table 21.02-4: Summary Table of Public Notice Requirements
Days/Distance/Yes = Required Notice Gray Box = Not Applicable
Section
Procedure
Published Notice
Mailed Notice
Sign Notice
Administrative Permits
Change of Use Permit
Fence Permit
Floodplain Development Permit
Home Occupation Permit
Planning Clearance and Building Permit
Sign Permit
Temporary Use Permit
Administrative Approvals
Administrative Adjustment
Code Interpretation
Comprehensive Plan Amendment, Administrative Changes [1]
7 days
Final Plat
Owners within 500 feet
Yes
Group Living Processes
Minor Plat Amendment
Preliminary Subdivision Plan
Owners within 500 feet
Yes
Revocable Permit, Director approval [2]
Sign Package
Minor Subdivision
Owners within 500 feet
Yes
Site Plan (Major)
Owners within 500 feet
Yes
Applications Requiring a Public Hearing
Annexation
7 days
Owners within 500 feet [1]
Yes
Code Text Amendment [2] or Rezoning
7 days
Owners within 500 feet [1]
Yes
Comprehensive Plan Amendment (CPA), Non-Administrative [1]
7 days
Owner within 500 feet
Yes
Conditional Use Permit (CUP)
7 days
Owners within 500 feet
Yes
Conditional Use and Special Dimensional Permit Amendment, Termination, or Revocation
7 days
Owners within 500 feet
Yes
Extended Temporary Use
7 days
Owners within 500 feet
Yes
Institutional and Civic Facility Master Plans
7 days
Owners within 500 feet
Yes
Planned Development
7 days
Owners within 500 feet
Yes
Rehearing and Appeal
[3]
[3]
[3]
Revocable Permit, City Council Approval
Special Dimensional Permit
7 days
Owners within 500 feet
Yes
Vacation of Plat [4]
7 days
Owners within 500 feet
Yes
Vacation of Public Right-of-Way or Easement
7 days
Owners within 500 feet
Yes
Variance
7 days
Owners within 500 feet
Yes
Vested Property Rights
Within 10 days of approval
Historic Preservation
Historic Preservation Procedures
7 days
Notes:
[1]
Mailed notice and sign posting is not required for CPA, Rezonings, or Annexation for requests relating to more than 5% of the area of the City and/or related to a Citywide or area plan process.
[2]
Mailed and sign notice are not required for a Code Text Amendment.
[3]
Notice of the appeal hearing shall be provided in the same manner as was required with the original action.
[4]
Plats with rights-of-way or easements only.
(iii) 
Content.
(A) 
Required notices, except for property signs, shall meet the general requirements of notice provided by the City and provide the following information:
a. 
Address or location of the property subject to the application and the name of the applicant or the applicant's agent;
b. 
Date, time, and place of the public hearing;
c. 
Description of the nature, scope, and purpose of the application or proposal including a description of the development plan and, where appropriate, the classification or change sought;
d. 
Notification about where the public may view the application; and
e. 
State that the public may appear at the public hearing.
f. 
Contact information for arranging participation in the public hearings for individuals with hearing, speech, or vision impairment.
(B) 
Property signs shall include the following information:
a. 
Application number.
b. 
City website.
c. 
City phone number.
(iv) 
Agenda Notice.
Agenda notice shall be posted and published on the City's website a minimum of 48 hours prior to a meeting.
(v) 
Published Notice.
(A) 
When required by Table 21.02-4, a notice including the information described in GJMC § 21.02.030(g)(3)(iii) must be published at least once. The Director shall be responsible for giving notice.
(B) 
In computing notice time, the day of the hearing shall be excluded.
(C) 
The applicant shall either provide the information for the notice or pay the City to prepare the information.
(D) 
All published notices shall be published in a local newspaper of general circulation recognized by the City. Based on the size, complexity, or potential impacts of a proposed application, the Director may require that courtesy notice be provided to other newspapers, radio, and television stations servicing the City for use as a public service announcement.
(vi) 
Mailed Notice.
(A) 
When required by Table 21.02-4, a notice including the information described in GJMC § 21.02.030(g)(3)(iii) shall be sent by U.S. mail as provided in this section.
(B) 
Notice shall be provided to:
a. 
Within the distance specified in Table 21.02-4, each owner and tenant at the address on file with the Mesa County, Colorado, Assessor;
b. 
Each person who attended any required Application Outreach Meeting and signed-up to receive notice.
(C) 
All mailed notices must be sent at least 10 days before a public hearing or within 15 business days from receipt of a complete application for administrative applications.
(D) 
Failure of any individual addressee of such letter of notification to receive the same shall not in any way invalidate or affect subsequent action on the application and such requirement shall not be construed as a legal precedent to the official approval.
(E) 
Mailed notice to property owners shall be required only for the initial presentation of the proposed development at a public hearing. Additional mailed notice shall not be required for any subsequent hearings except when the hearing is deferred or continued at the applicant's request. In that case, the applicant shall be responsible for paying any additional fees for the purposes of re-notifying adjacent property owners.
(vii) 
Property Sign.
(A) 
The City shall prepare and the applicant shall post signs giving notice of the application. At least one sign shall be posted on each street frontage of the property.
(B) 
For administrative applications, signs shall be posted as follows:
a. 
Each sign shall be posted within 15 business days from receipt of a complete application.
b. 
The applicant shall maintain the sign on the property until the project has received approval per § 21.02.030(h)(2)(i) or has been withdrawn by the applicant.
c. 
The applicant shall be required to provide proof that the property sign has been posted for a minimum of 15 calendar days prior to issuance of any approval pursuant to GJMC § 21.02.030(h).
(C) 
For applications requiring a public hearing, signs shall be posted as follows:
a. 
Each sign shall be posted at least 10 calendar days before the initial public hearing and remain posted until the day after the final hearing.
b. 
The applicant shall be required to provide proof that the property sign has been posted for a minimum of 15 calendar days prior to the scheduling of a public hearing.
c. 
The applicant shall maintain the sign on the property until the day after the final public hearing.
(viii) 
Courtesy Notice.
(A) 
The City may, as a courtesy, provide notice to any persons or organization in the City or Mesa County, or to any governmental, public, or quasi-government organization regarding any matter related to this Code that may be of interest to of that person or organization, or on any matter on which any such person or organization has requested notice.
(B) 
Courtesy notice may be provided in any appropriate manner, including electronically, and may be directed to an organization through its leadership for distribution rather than to the entire membership.
(C) 
The failure of the City to send courtesy notice or the failure of any resident or property owner to receive such notice shall not affect the validity of any City action with respect to an application.
(ix) 
Five Percent Notice.
Applications that are applicable to more than 5% of the area of the City and/or related to a Citywide or area plan process, such as Comprehensive Plan Amendments, some Rezonings, or zones of annexation, are not required to provide mailed or property sign notice.
(x) 
Constructive Notice and Substantial Compliance.
(A) 
Notice is sufficient if there is substantial compliance with the requirements of this section.
(B) 
Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice may include, but are not limited to errors in legal descriptions, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to the affected parties.
(C) 
Failure of one or more individual parties to receive written notice shall not invalidate subsequent action.
(D) 
If questions arise at a review hearing regarding the adequacy of notice, the decision-making authority shall direct the Director to make a formal finding as to whether there was substantial compliance with the notice requirements of this Code, and such finding shall be made available to the decision-making authority prior to final action on the request.
(E) 
When City records document the publication, mailing, or posting of notices as required by this section, it shall be presumed that notice of a public hearing was given as required by this section.
(4) 
Public Hearing.
(i) 
Timing.
The Director shall schedule an application for hearing only when all issues have been resolved or can be resolved through post-review procedures, and a determination of compliance with all codes and regulations is made.
(ii) 
Applicant's Option.
An applicant has the right to request a hearing at any time during the review process.
(iii) 
Request for a Continuance Prior to Hearing.
(A) 
An applicant shall have the right to one continuance before the Planning Commission, Zoning Board of Appeals or City Council. A written request for the continuance shall be submitted to the Director by the applicant or their representative at least three days before the hearing. A request for a continuance may also be made by the City staff, the Planning Commission, or City Council.
(B) 
An applicant requesting a continuance shall make reasonable efforts to notify all persons previously advised of the hearing that a continuance has been requested. Reasonable efforts shall include, but not be limited to, personal notice, broadcast or print media notice and any other form of notice determined by the Director to be reasonable.
(C) 
The review body may grant one continuance to a time, place, and date certain, without taking any testimony, except pertaining to the adequacy of the notice.
(iv) 
Conduct of Hearing.
(A) 
Any person may offer relevant information in writing or in person. Every speaker representing one or more other persons shall state their name, street address, and if an organization or group, the name and mailing address of the organization or group.
(B) 
The Chair shall exclude testimony and evidence that is irrelevant, immaterial, unduly repetitious, or disruptive. Ordinarily no one presenting testimony or evidence may ask questions of other persons appearing as witnesses; although the chairperson of the body may ask questions suggested by a person presenting testimony. At any point, members of the body conducting the hearing may ask questions of the applicant, staff or public.
(C) 
No person shall knowingly make a false statement nor present false, deceptive, or slanderous testimony, comment, or remarks at a public hearing.
(v) 
Continuance of Public Hearing.
The decision-making body may grant a continuance of the public hearing.
(vi) 
Additional Rules.
The decision-making body conducting the hearing may adopt rules of procedure to limit the number of applications to be considered per meeting, limit the time for each presentation or speaker or as provided by this section, temporarily hear and decide quasi-judicial hearings in accordance with the alternative hearing procedure, which are adopted by this reference and incorporated as if fully set forth.
(h) 
Recommendation and Decision.
(1) 
Planning Commission as Recommending Body.
If the Planning Commission is the recommending body, the Planning Commission shall review the application against applicable decision-making criteria and prepare a recommendation that shall be forwarded to the City Council. All recommendations, including recommendations of denial, shall be heard by the City Council without necessity of appeal.
(2) 
Approval Criteria.
(i) 
Decision by Director.
(A) 
Where Table 21.02-2 indicates that the Director must make the decision on an application, the Director shall review and approve the application, approve it with conditions designed to bring the application into compliance with the specific requirements of this Code, or deny the application based on the application of the criteria specified for the application.
(B) 
The decision shall be based on the information submitted with the application, comments from referral agencies, and any required approvals from other agencies.
(ii) 
Decision by Planning Commission, City Council, or Zoning Board of Appeals.
(A) 
Where Table 21.02-2 or another provision of this Code indicates that the Planning Commission, City Council, or Zoning Board of Appeals shall make the decision on an application, the decision-making body shall review and approve the application, approve it with conditions, or deny the application.
(B) 
The decision-making body shall review the application against the applicable criteria and make decisions based on policies, standards, plans, recommendations, the applicable law, the testimony, and information presented at the hearing.
(C) 
Where there has been a public hearing before the Planning Commission, hearings shall be de novo before the Council. An affirmative vote of five members of the City Council shall be required to approve rezones and Comprehensive Plan amendments recommended for denial by the Planning Commission. Procedural requirements provided elsewhere in this Code shall be applicable.
(iii) 
Conditions.
(A) 
A decision-making body, including the Director, this Code may impose conditions as needed to ensure that the approval is consistent with the purposes of the Comprehensive Plan and the general purpose of this Code stated in GJMC § 21.01.050.
(B) 
All conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development or shall be based upon standards duly adopted by the City prior to the review of an application. Conditions may include those necessary to carry out the purpose and intent of the Comprehensive Plan and this Code.
(C) 
Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body unless and until the decision-making body takes formal action to attach that condition to a development approval.
(D) 
Any conditions that require an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a principle applicable to a broad class of applicants, any condition imposed shall include an individualized determination and shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.
(3) 
Development Improvements Agreement (DIA).
(i) 
Development Improvements Agreement Authorized.
The Director may defer the requirement for the completion of required improvements if the applicant enters into a Development Improvements Agreement (DIA) by which the applicant agrees to complete all required public improvements in accordance with an agreed schedule. The Director may require the applicant to complete and dedicate some required public improvements prior to approval of the Final Plat and to enter into a DIA for completion of the remainder of the required improvements. The City Attorney shall approve any DIA as to form.
(ii) 
Agreement to Run with the Land.
The Development Improvements Agreement shall provide that the requirements contained therein shall run with the land and bind all successors, heirs, and assignees of the applicant. The DIA for subdivisions shall be recorded with the Mesa County Clerk and Recorder. All other DIAs may, at the Director's discretion, be recorded or deposited with the City Clerk. All existing lien holders shall be required to subordinate their liens to the guarantees contained in the DIA.
(iii) 
Performance Security.
(A) 
Whenever the Director permits an applicant to enter into a Development Improvements Agreement, the applicant shall be required to provide sufficient security to ensure completion of the required public improvements. The security shall be in the form of a cash deposit made to the City, a letter of credit or disbursement agreement from an authorized financial institution, a subdivision bond, or a completed, unrecorded plat. The letter of credit, disbursement agreement, or subdivision bond shall be in a form approved by the City Attorney.
(B) 
The guarantee shall be in an amount estimated by the Director as reflecting 120% of the cost of the improvements in the approved Construction Plan and shall be sufficient to cover all promises and conditions contained in the DIA.
(C) 
In addition to all other security, when the City participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the City as a co-obligee.
(D) 
The issuer of any guarantee shall be subject to the approval of the City in accordance with adopted policies.
(iv) 
Maintenance Guarantee for DIA.
(A) 
The applicant shall guarantee the improvements against defects in workmanship and materials for a period of one year from the date of City acceptance of such improvements. The maintenance guarantee shall be secured by a letter of credit, cash escrow, maintenance bond, or other form acceptable to the Director.
a. 
If the security is a letter of credit or cash escrow, then it shall be in an amount reflecting 20% of the cost of the completed improvements.
b. 
If the form of security is a maintenance bond, it must be in a form acceptable to the City Attorney, in the principal amount of 20% of the value of the project's public improvements, for a period of one year from the date of final acceptance by the City of all improvements in the project, or as applicable, the phase or filing of a project for which improvements are constructed and accepted.
c. 
If repairs, replacements, or modifications to the project's public improvements are made by the applicant or are required to be made by the City during the one-year maintenance period, then the City, at its sole option and discretion, may require an extension of the security in an amount equal to the actual or estimated repair, replacement, or modification costs plus 20%. If the Director has reason to believe that the security will be extended beyond the one-year initial term, then the Director shall notify the applicant in writing no later than 30 days before expiration of the security. Mailing of an extension notice shall cause the applicant to extend the security (bond, cash, or letter of credit) for an additional 12 months. The extension shall be on the same terms as the security being extended. The security may be extended for one additional year as may be necessary for the bond to be called or for the improvements to be repaired, modified, or replaced in a manner that satisfies the City. If the Director has reason to believe that the type or extent of the repair, replacement or modification does not warrant extension of the maintenance security, then the security may be released after the initial one-year period. In making the decision to extend the security the Director may consider any facts or information deemed relevant, which may include, but is not limited to, whether the failed improvements are above or below grade, whether the failed improvements may reasonably be found to constitute life, health and/or imminent safety hazard; whether other phases or filings depend on the improvements and/or the degree of failure of the improvements.
(B) 
If the applicant has not warranted and guaranteed required improvements pursuant to a DIA, the applicant shall give the City security equal to at least 50% of the cost of the required improvements.
(v) 
Offers to Dedicate Streets, Roads, and Other Lands.
(A) 
Acceptance of Dedication.
The City Council, or its designees, may accept, accept with conditions, or reject any offer to dedicate any land or facility. Any offer to dedicate made pursuant to or as a condition of a review or approval pursuant to this Code constitutes the owner irrevocable warranty that such owner has the right, title, and interest to convey to the City and that no hazardous or other regulated substance is present on, under or in the property.
(B) 
Acceptance of Maintenance.
Approval of a subdivision does not mean the City will accept any road, street, or public site for maintenance. The City shall not be obligated to maintain any land unless it explicitly agrees to do so in writing.
(vi) 
Temporary Improvements.
The Developer shall construct and pay for all costs of temporary improvements required by the City to protect the public, neighborhood, or another person. The applicant shall maintain said temporary improvements for the period specified.
(vii) 
Completion of Improvements.
(A) 
Construction of Required Improvements.
a. 
Before construction begins, the developer must be familiar with the submittal, construction, plans and inspection requirements of each utility or agency.
b. 
After the City and/or other utility providers has inspected and approved all or a portion of the required improvements, the developer may request, in writing, that the approved portion be accepted for maintenance by the appropriate agency. The City shall establish the developer's limits of responsibility for the improvements. The City may condition its acceptance and may require additional guarantees and assurances for at least one year following acceptance.
c. 
Even if the City does not accept all or a portion of the required improvements, or delays any acceptance, the City may require the Developer to correct such defects or deficiencies identified by the City, in which case, final acceptance may be extended for one additional year.
(B) 
Release of Improvements Agreement and Guarantee.
a. 
The developer shall submit a written request for a release from the Development Improvements Agreement for the improvements that have been accepted for maintenance by the appropriate agency. Proof of acceptance for maintenance and proof that there are no outstanding judgments or liens against the property shall accompany this request.
b. 
The City Council, or its authorized representative, shall review the request. If the requirements of the DIA concerning that portion requested for release have been complied with, the appropriate document of release shall be recorded with the Mesa County Clerk and Recorder's Office.
c. 
Release of the DIA does not constitute a certificate of completion and release of responsibility.
(C) 
Certificate of Completion and Release of Responsibility.
Upon expiration of the limits of responsibility established in this Code, the developer may request a certificate of completion and release of responsibility from the appropriate agency.
(viii) 
Extension of Development Improvements Agreement and Security.
(A) 
If the applicant is unable to complete all required improvements contained in an executed Development Improvements Agreement within the time stated therein, he/she shall provide written notice of same to the Director at least 30 calendar days prior to the deadline of the milestones he will be unable to meet. The applicant shall make a formal written request for an extension of the completion date for performance in the DIA and security and provide a revised development schedule, which shall be reviewed by the Director. The Director shall approve, approve with conditions or deny the request for an extension. Based on the Director's decision the existing DIA may be amended, a new DIA drawn up and executed, or the Director may exercise any default provisions contained in the approved DIA. Any amendments or new agreements shall be recorded in the same manner as the original DIA, if required by the Director.
(B) 
If the DIA is to be extended or a new DIA is to be executed, the applicant shall provide sufficient security which may be the same as or greater than the original security, up to 120%, as was required with the original guarantee. No amendment or replacement DIA shall be executed, recorded or effective until security acceptable to the Director is provided.
(i) 
Post-Decision Actions.
(1) 
Change in Ownership.
Unless otherwise stated for a specific type of permit, application, or decision under this Code, or unless otherwise stated on the permit or approval document, permits, approvals, and approvals with conditions under this Code run with the land and are not affected by changes in ownership, tenancy, or the form of ownership or tenancy of the property. Subsequent owners and tenants of the property have the same rights and obligations with respect to the permit, approval, or decision as the initial applicant.
(2) 
Successive Applications.
No application for Rezoning, Conditional Use Permit, or Variance on the same request nor one involving the same tract shall be permitted within one year of an application denial.
(3) 
Modifications of Approvals.
After City approval or approval with conditions of an application under this Code, a property owner or holder of a permit or approval may apply for an Administrative Adjustment of the permit or approval under GJMC § 21.02.040(c).
(4) 
Amendments.
(i) 
All substantial changes, modifications, removal, or release of the provisions of an approved application that do not qualify as Administrative Adjustments under GJMC § 21.02.040(c) shall be considered amendments of the application. Amendments shall include, but are not limited to, changes in use, access, layout, any condition of approval, any change resulting in significant increased off-site impacts, and similar changes as determined by the Director.
(ii) 
Proposed amendments shall be treated as new applications. If the proposed amendment is not consistent with an earlier, preliminary approval, the Director shall inform the applicant that a new application for the earlier approval will need to be submitted.
(iii) 
The Director may require that an application for Administrative Adjustment to an approved application be treated as an application for amendment if the Director determines that the application raises a significant public controversy in which numerous parties other than the owner of the property may want to offer testimony.
(5) 
Effect of Modification or Amendment.
If approved, the modification or amendment shall then supersede the previous approval, and subsequent development on the property shall be in accord with the amended approval.
(6) 
Rehearing and Appeal.
Any aggrieved person, including the Director, may request a rehearing or file an appeal of final action under GJMC § 21.02.050(k).
(j) 
Lapsing and Extension of Approvals.
(1) 
Period of Validity.
(i) 
Permit or Administrative Approval.
An administrative permit or approval granted under this Code shall lapse and shall become void one year following the date of final approval unless, prior to the expiration date, construction is commenced and pursued toward completion. A different timeframe may be established during the approval of a permit or specific administrative approval.
(ii) 
Approval Requiring a Public Hearing.
(A) 
Except where a different timeframe is provided in a specific procedure or set by the decision-making body, the validity of any approval requiring a public hearing is two years.
(B) 
A Rezoning, including rezoning to Planned Development, is not subject to expiration.
(2) 
Extension of Approval Term.
(i) 
Extension Request.
A request to extend any approval shall be submitted in writing to the Director prior to the expiration of the original approval.
(ii) 
Permit or Administrative Approval.
(A) 
Unless otherwise stated in a permit or specific procedure for an administrative approval, the Director may extend the validity of the permit or approval for up to 180 more days if the applicant proves they can complete the project in conformance with the approved plan set.
(B) 
The Director may grant one extension of 12 months for a preliminary subdivision or unrecorded Final Plat, in accordance with GJMC § 21.02.040(l)(5)(ii)(F)b.
(iii) 
Approval Requiring a Public Hearing.
The decision-making body may extend any deadline if the applicant demonstrates why the original effective period or development phasing schedule was not sufficient and cannot be met. When deciding to extend or change any deadlines, the decision-making body shall consider if development regulations have materially changed so as to render the project inconsistent with the regulations prevailing at the time the extension would expire.
(Ord. 5263, 6/18/2025; Ord. No. 5242, 12/4/2024; Ord. No. 5229, 8/21/2024; Ord. 5218, 5/1/2024; Ord. 5205, 3/20/2024; Ord. 5190, 12/20/2023)

§ 21.02.040 Administrative applications.

(a) 
Overview.
Administrative applications are reviewed and decided on by the Director or other specified City staff member. The following application types are administrative and some of them have additional review requirements that are identified in the right column:
Table 21.02-5: Administrative Applications
Application Type
Purpose
Additional Application Requirements
Administrative Permits
Change of Use Permit
Changes to use of structure or property
Fence Permit
Erect a fence or wall up to 6 feet in height
Floodplain Development Permit
Construct structures or make changes within a floodplain
Home Occupation Permit
Allow home occupations
Planning Clearance and Building Permit
Establish, construct, modify, or expand a use or structure
Revocable Permit, Director Approval
Allow limited use of public right-of-way for specific installations
Sign Permit
Approve non-exempt signs
Temporary Use Permit
Allow a temporary use that will last longer than 48 hours
Administrative Approvals
Administrative Adjustment
Small change to specific regulations
Code Interpretation
Provide an interpretation of the contents and requirements of the Code
Comprehensive Plan, Administrative Changes
Allow minor changes to plan language and land use designations
Group Living Processes
Confirm requirements for group living facilities, rooming and boarding houses, fraternities, and sororities.
Revocable Permit, Director Approval
Review to ensure that any private development on public land is safely conducted in a manner that does not pose potential burdens on the public
Sign Package
Allow review of multiple signs on a site that function as one
Subdivision, Minor
Allow an applicant to create or consolidate lots, move lot lines, and correct plats.
Site Plan, Major and Minor
Review of proposed development for compliance with this Code and applicable plans and policies
Subdivision, Major (includes Preliminary Subdivision and Final Plat)
Review of proposed subdivisions of land that are not otherwise exempt
(b) 
Common Procedures.
(1) 
Review Procedures for Administrative Applications.
Procedures for review and decision of administrative applications are established in GJMC § 21.02.030. They are summarized here for applicant convenience.
Administrative Applications
Action
When Applicable
Described in Section
General Meeting or Pre-Application Meeting
Per Table 21.02-3
Application Submittal & Review
All Applications
Making changes to complete applications: Complete Applications with Changed Status
Individually, As Needed
Director Decision
All Applications
Post-Decision Actions
Individually, As Needed
(2) 
Review Criteria for All Administrative Application Types.
The decision-maker shall review each application against the following criteria. Individual application types may include exceptions to these criteria or impose additional criteria.
(i) 
The application complies with all provisions of this Code;
(ii) 
The application is consistent with the Comprehensive Plan;
(iii) 
The application complies with any other approvals on the property;
(iv) 
The applications complies with or will comply with other City, state, and federal regulations;
(v) 
The property is not subject to a pending notice of violation or legal action as a result of a violation of any federal, state, county, or city land use law or administrative rule.
(vi) 
Public facilities and utilities shall be available concurrent with the development.
(3) 
Lapsing and Extension of Approvals.
Administrative permits shall remain valid according to the following table unless otherwise specified in this section:
Table 21.02-6: Administrative Permit Validity
Permit Type
Valid For:
Fence Permit
180 days
Floodplain Development Permit
Per approved permit
Home Occupation Permit
N/A
Planning Clearance
180 days
Revocable Permit, Director Approval
N/A
All Other Administrative Permits
One year
(4) 
Applicability, Procedures, and Review Criteria for Specific Administrative Applications.
The common procedures and review criteria for administrative applications apply unless otherwise specified in the specific application type in the following sections.
(c) 
Administrative Permits.
(1) 
General Procedures.
Follow GJMC § 21.02.040(b).
(2) 
Specific Procedures.
The following administrative permit applications have requirements in addition to the general procedures.
(i) 
Change of Use Permit.
Common Procedures for Administrative Permits
General Meeting or Pre-Application Meeting Per Table 21.02-3
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Director Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(A) 
Purpose and Applicability.
A Change of Use Permit is required to change the use of a structure or property.
(B) 
Additional Permits.
The following additional permits may be required with a Change of Use Permit:
a. 
Other permits (such as a CUP), review (such as a Major or Minor Site Plan review) or approvals may also be required when use of a land or structure has changed.
b. 
A change from any use in the Household Living use category to any other use requires a Site Plan review.
c. 
A change of use from any nonresidential use to a residential use requires a Site Plan Review.
d. 
For a change of use within the same principal use listing in Table 21.04-1: Principal Use Table (for example, a change from Retail Sales, Small use to another Retail Sales, Small use), a Change of Use Permit is not required unless:
1. 
The Code requires more off-street parking for the new use than is available on the property;
2. 
There is any actual or projected increase in traffic; or
3. 
The amount of stormwater runoff or impervious area is increased.
(ii) 
Floodplain Development Permit.
(A) 
Applicability.
No person shall construct or maintain any use or structure nor make any development or topographically alter land for any purpose including agriculture that may adversely impact the floodplain or floodway or within any area of special flood hazard (GJMC § 21.06.020) unless the Director has issued a floodplain permit.
(B) 
Additional Approval Criteria.
When base flood elevation data has not been provided in accordance with GJMC § 21.06.020(c), the Director may use any flood elevation and floodway data available from a federal, state, or other source as criteria to decide how and if construction, substantial improvements, or other development in the floodplain may be permitted.
(iii) 
Sign Permit.
(A) 
Required.
No person shall erect or display a nonexempt sign (see GJMC Chapter 21.10) unless the Director has issued a Sign Permit.
(B) 
Exceptions.
a. 
An on-premises temporary sign may be erected without a permit if done as referred to in GJMC § 21.10.070(e).
b. 
Touching up or repainting existing letters, symbols, or other non-electric sign features, is maintenance and does not require a permit.
(d) 
Administrative Adjustment.
Common Procedures for Administrative Applications
General Meeting or Pre-Application Meeting Per Table 21.02-3
Application Submittal & Review | §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Director Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of an Administrative Adjustment is to allow for the modification of existing numeric dimensional standards to accommodate site-specific or minor construction issues.
(2) 
Applicability.
(i) 
Administrative Adjustments may be requested for the situations described in Subsection (d)(4) below.
(ii) 
Administrative Adjustments may not be used to:
(A) 
Permit uses other than those permitted in the zone district, or
(B) 
Make any changes to sign standards.
(3) 
Review Procedures.
Applications for Administrative Adjustment shall meet the common review procedures for administrative applications in GJMC § 21.02.040(b), with the following modifications:
(i) 
All applications for Administrative Adjustment shall identify the specific issue that the Administrative Adjustment is intended to address and how the Administrative Adjustment will resolve that issue:
(A) 
A request for Administrative Adjustment prior to issuance of a building permit shall be submitted with the project Site Plan or Planning Clearance application. Where the Site Plan is submitted in conjunction with a primary application, such as a Conditional Use Permit request, that is decided by the City Council, the request for Administrative Adjustment shall also be decided by that body. For example, if an Administrative Adjustment request is submitted with a Rezoning application, the City Council will also decide on the Administrative Adjustment.
(B) 
A request for Administrative Adjustment to address a minor construction issue shall be submitted with the approved project Site Plan, a written description of the minor construction issue, and an amended drawing of that part of the site for which the Administrative Adjustment is requested.
(ii) 
The applicant is responsible for ensuring that the requested Administrative Adjustment does not conflict with any recorded covenants applicable to the property.
(4) 
Permitted Type and Scope of Administrative Adjustment.
The Director may grant Administrative Adjustments up to the following maximum adjustment percentage, measurement, or location. No more than six distinct Administrative Adjustments may be approved for any development application; one type of adjustment may be applicable in more than one location, as specified by the Director.
(i) 
Residential and Public, Parks, and Open Space Zone Districts.
(A) 
Height.
a. 
Maximum Height.
Up to 5% total increase in building height.
b. 
Fence Requirements.
1. 
Height.
Fences not located in a front yard may be increased by up to 10% but no fence may be taller than eight feet.
2. 
Setbacks.
Fences may encroach up to two feet into any required setback.
(B) 
Setbacks and Structure Placement.
a. 
Required build-to line or setback-adjust forward across the build-to line or setback up to two feet; may not encroach into the public right-of-way.
b. 
Required build-to line minimum percentage built-to-reduction of up to 5% of required length.
(ii) 
Mixed-Use and Industrial Zone Districts.
The Director may grant Administrative Adjustments that conform to the following requirements:
(A) 
Setbacks.
a. 
Principal Structure.
Modifications of the front, side, or rear yard setback requirement, provided that the total modification shall not reduce the applicable setbacks by more than 10% of those otherwise required in the zone.
b. 
Accessory Structure.
Modification of the side or rear yard setback requirement, provided that the total modification shall not reduce the applicable setbacks by more than 30% of those otherwise required in the zone.
(B) 
Structure Heights.
Modifications of the building or structure height requirement; provided, that the total modification shall not increase the applicable building or structure height by more than 10% of the otherwise maximum height in the zone, nor add another habitable story or mezzanine.
(C) 
Fences.
a. 
Height.
Modifications of the maximum fence height requirement provided that the total modification shall not increase the applicable fence height by more than 10% of the otherwise maximum height in the zone or no more than eight feet tall, whichever is lower.
b. 
Setbacks.
Fences may encroach up to five feet into any required setback.
c. 
Electric Fence.
May be installed no more than one foot higher than the structural fence on which it is located.
(D) 
Parking.
In any zone, a decrease in the number of required parking spaces of not more than 10% when total required spaces are at least 10 spaces.
(E) 
Deviations from Final Planned Development Maps.
In any planned development zone, adjustments of up to 10% of elements of final planned development maps that are:
a. 
Made to a dimensional or development standard with a specific measurement, and
b. 
Consistent with the requirements of the preliminary planned development, final planned development conditions of approval, or development standards of the underlying zone district.
(5) 
Review Criteria.
The following additional review criteria shall apply to requests for specific types of Administrative Adjustments:
(i) 
The proposed use, structure, or activity is permitted in the underlying zone district.
(ii) 
There are special circumstances existing on the property for which the application is made related to size, shape, area, topography, surrounding conditions, and location that do not apply generally to other property in the same area and zone district; and
(iii) 
The special circumstances have not been created by the applicant.
(e) 
Code Interpretation.
Common Procedures for Administrative Applications
General Meeting or Pre-Application Meeting Per Table 21.02-3
Application Submittal & Review | §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Director Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Applicability.
(i) 
The Director is authorized to provide a written interpretation of the contents and requirements of this Code.
(ii) 
The Director is authorized to interpret the any use table to determine whether a use not specifically mentioned can reasonably be interpreted to fit into a use category.
(iii) 
Interpretations may be requested for a provision of this Code subject to a proposed or current application, hearing, or appeal.
(iv) 
Director may also provide a property-specific code interpretation in the form of a Code clarification that identifies whether specific regulations in this Code are applicable to the subject property.
(2) 
Authority.
An interpretation may be requested by any:
(i) 
Applicant.
(ii) 
Person affected by an action proposed pursuant to this Code, or
(iii) 
Any City departments or other governmental agencies that may be subject to the provisions of this Code.
(3) 
Review Procedures.
(i) 
Applications for Code Interpretation shall meet the common review procedures for administrative applications in GJMC § 21.02.040(b).
(ii) 
The Director may ask the Planning Commission at a regularly scheduled meeting to ratify any use interpretation decisions.
(f) 
Comprehensive Plan, Administrative Changes.
Common Procedures for Administrative Applications
General Meeting or Pre-Application Meeting Per Table 21.02-3
Application Submittal & Review | §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Director Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
To ensure that administrative changes to the Comprehensive Plan are consistent with the vision, goals, and policies include in the Plan.
(2) 
Applicability.
Where the City has sole jurisdiction, the Director has the authority to:
(i) 
Make minor additions or clarifications to the policy sections; and
(ii) 
Correct errors or grammar.
(3) 
Review Procedures.
Applications for administrative changes to the Comprehensive Plan shall meet the common review procedures for administrative applications in GJMC § 21.02.040(b).
(g) 
Group Living Processes.
(1) 
Application Outreach Meeting.
(i) 
Prior to establishing a new group living facility, boarding or rooming house (including conversion of an existing building or buildings), fraternity, or sorority, the applicant shall hold a Project Development Information Meeting per GJMC § 21.02.030(c), inviting owners of property within 1,000 feet of the proposed facility.
(ii) 
At the meeting, the applicant shall describe the facility and its proposed uses.
(2) 
Application Review.
(i) 
The Director shall review and decide on applications for a group living facility that does not house sex offenders, boarding/rooming house, fraternity, or sorority based on GJMC § 21.02.040.
(ii) 
The Planning Commission shall review and decide on any application for a group living facility that houses one or more sex offenders, as defined by Colorado law.
(A) 
In addition to the other criteria provided in this subsection, the Planning Commission shall consider whether the proposed owner/operator has established by clear and convincing evidence that the facility will not adversely impact the neighborhood and/or its residents.
(B) 
An appeal from a Planning Commission decision made under this subsection shall be in accordance with Rule 106 of the Colorado Rules of Civil Procedure.
(3) 
Validity.
(i) 
A development approval for a group living facility, rooming/boarding house, fraternity, or sorority is valid for a period of 12 months, subject to renewal by the Director. When annual registration is required, renewal is made subject to valid annual registration.
(ii) 
A group living facility development approval is specific to a maximum number of residents and specifically permitted accessory use(s). If the applicant wants to increase the number of residents or modify the specifically permitted accessory use(s), a new application is required.
(4) 
Annual Registration Required.
(i) 
Fraternity or Sorority.
(A) 
Application.
a. 
A fraternity or sorority shall register with the City once every 12 calendar months. No person shall own, operate, or manage a fraternity or sorority unless the facility is registered with the City. Annual registration shall include:
1. 
Proof that the fraternity or sorority is recognized and in good standing with an accredited school, university, or college;
2. 
Proof that the fraternity or sorority is affiliated and in good standing with a nationally or locally chartered fraternal membership organization;
3. 
Documentation that the fraternity or sorority has complied with the applicable City, state and other building, fire, health, and safety codes as well as all applicable requirements of the zone district in which the fraternity or sorority is located;
4. 
Statement that the only administrative activities conducted on the premises are those of the fraternal organization sponsored, conducted, or related to the fraternity or sorority;
5. 
Documentation that the fraternity or sorority complies with the applicable parking requirements, as demonstrated by accurate graphic depiction of parking lot(s), and/or copies of parking agreements, leases, or licenses;
6. 
Documentation that the maximum number of residents allowed is not exceeded, as demonstrated by the total square feet of the living areas, the number of residents, the number of sleeping rooms and the number of beds; and
7. 
The total number of calls for police or emergency services to the premises within the previous year.
b. 
A fraternity or sorority that does not meet the standards and registration requirements of this subsection is subject to revocation of land use permit, abatement, prosecution and/or other enforcement as provided in this Code.
c. 
A fraternity or sorority is subject to and shall permit annual inspection by the Building Department, Fire Department and Code Enforcement Department to ensure compliance with applicable standards.
(B) 
Renewal.
A development approval for a fraternity or sorority is valid for a period of 12 months, with renewal by the Director upon a review and confirmation of the facility's annual registration as described in GJMC § 21.02.040(g)(4)(i)(A) above and a finding that:
a. 
The facility has not adversely affected the neighborhood. A facility is considered to have an adverse effect on a neighborhood if one or more of the following are shown:
b. 
Public and private services such as street, sewers, water and/or utility systems are burdened by the facility, to the extent that usage exceeds that normally associated with such a use or in the particular neighborhood;
c. 
The facility unreasonably interferes with the peace, quiet, and dignity of the neighborhood;
d. 
The facility creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions; or
e. 
The facility is found to be dangerous or unsafe due to an increased number of police or emergency visits, or to a single criminal act by a resident involving serious bodily injury or extensive property damage, or to an increased number of incidences of criminal acts by residents of the facility involving bodily injury or property damage.
f. 
Within 10 days of the Director's renewal, nonrenewal or condition of renewal, an individual aggrieved by the Director's decision may appeal the Director's decision to the Zoning Board of Appeals. Appeals shall be in writing and perfected in accordance with GJMC § 21.02.030(i)(6).
(ii) 
Group Living Facility.
(A) 
Application.
a. 
A group living facility shall register with the City once every 12 calendar months. No person shall own, operate, or manage any group living facility unless the facility is registered with the City.
b. 
A group living facility for adult or juvenile offenders shall also submit all registration documentation to the juvenile and/or adult corrections board for review in accordance with Subsection (g)(4)(ii)(C) of this section.
c. 
Annual registration shall include:
1. 
Proof that the group living facility has a valid Colorado license, if any is required by state law, and documentation showing that the facility complies with the requirements of the state license. In the event there is a conflict between a City and a state requirement for the facility, the more stringent rule shall apply;
2. 
Documentation showing that the group living facility has complied with the applicable City, state and other building, fire, health, and safety codes as well as all applicable requirements of the zone district in which the group living facility is located;
3. 
Documentation showing that the group living facility complies with the parking requirements of this Code;
4. 
Documentation showing that the maximum number of residents allowed is not exceeded;
5. 
For a group living facility housing adult or juvenile offenders, all documentation necessary for review by the juvenile and/or adult corrections board(s) in accordance with Subsection (p)(2)(iv)(B) of this section;
6. 
Documentation showing that any and all conditions of the initial land use permit/approval are met;
7. 
Description of the administrative or other activities that occur at the facility, including number of staff and general duties of each staff member;
8. 
Description and documentation of any changes to the site or structure(s) made since the prior registration.
d. 
A group living facility that fails to register or does not meet the registration requirements may be denied renewal, abated, prosecuted and/or otherwise subject to enforcement action under this Code.
(B) 
Renewal.
a. 
The Director may renew the land use approval for a group living facility upon an annual registration of the facility if the Director finds that the registration requirements have been met and that the facility has not adversely affected the neighborhood.
b. 
A facility is considered to have an adverse effect on a neighborhood if one or more of the following are shown:
1. 
Public and private services such as street, sewers, water and/or utility systems are burdened by the group living facility, to the extent that usage exceeds that normally associated with such a use or in the particular neighborhood;
2. 
The group living facility unreasonably interferes with the peace, quiet, and dignity of the neighborhood;
3. 
The group living facility creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions; or
4. 
The group living facility is found to be dangerous or unsafe due to an increased number of police or emergency visits, or to a single criminal act by a resident involving serious bodily injury or extensive property damage, or to an increased number of incidences of criminal acts by residents of the facility involving bodily injury or property damage.
c. 
When considering whether an adverse impact exists, the Director shall consider the following:
1. 
Whether the impact is real or perceived based upon stereotypes of the population served by the group living facility;
2. 
The existence of alarms and/or fences in and of itself shall not constitute a safety issue which would be an adverse impact; or
3. 
Whether complaints and/or police calls regarding the group living facility have been founded or unfounded.
d. 
In determining whether an adverse impact exists, the Director may rely on comments received by the residents of the neighborhood or other interested persons in making the decision whether to renew, renew with conditions, or non-renew the permit upon annual registration. The Director shall not be required to research the comment or otherwise investigate the motive of the commenting parties unless the Director relies on that information when making the decision.
e. 
The Director may modify the land use permit/approval upon renewal (or renew with conditions) by limiting the number of residents and/or by limiting accessory uses if the Director finds that the neighborhood is adversely impacted by the number of residents or intensity or number of accessory uses occurring on the site.
f. 
The Director shall issue a decision within 30 days of receiving a complete registration application from the facility. If the Director does not issue a decision within 30 days of receiving a complete registration application, the registration shall be deemed renewed for the next year.
(C) 
Special Review for Group Living Facility for Adult or Juvenile Offenders.
An application for a group living facility for adult or juvenile offenders shall be reviewed as follows:
a. 
The Mesa County Juvenile Community Corrections Board shall conduct the review if the facility houses juvenile offenders or the Adult Community Corrections Board if the facility houses adult offenders. If the facility houses a combination of adult and juvenile offenders, the facility shall be reviewed by the Juvenile Board if there are a greater number of juveniles residing in the facility or, if there are a greater number of adults than juveniles residing in the facility, by the Adult Board.
b. 
The review shall include but not necessarily be limited to criteria established by the applicable board and adopted by the City. Criteria shall be established and maintained by the applicable board and shall be based upon researched factors that have been demonstrated to be correlative to risk to the community, community expectations, prudent land use practices and legal standards. Before any criteria being used by either board, the City shall review and adopt such criteria.
c. 
It is the responsibility of the group living facility that is being reviewed to provide the appropriate board with complete and accurate information regarding the types of offenders, the number of offenders, the average length of placements and responses to the other established criteria.
d. 
The appropriate board shall make a recommendation to the Director to approve, deny, or approve with conditions the land use application for the facility. The appropriate board shall take into consideration the interests of the community in light of the criteria established by the board and approved by the City.
(h) 
(Reserved)
(i) 
Sign Package.
Common Procedures for Administrative Applications
General Meeting or Pre-Application Meeting Per Table 21.02-3
Application Submittal & Review | §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Director Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of a sign package application is to allow the review and approval of signs that function as one on a developed site or abutting developed sites with the sharing of vehicular access through, across, over, entrance onto, and/or exit from the site and/or parking.
(2) 
Review Procedures.
Applications for a Sign Package shall meet the common review procedures for administrative applications in GJMC § 21.02.040(b), with the following modifications:
(i) 
Review Criteria.
The following addition review criteria apply to a sign package application:
(A) 
All signs included on the site shall be in conformance with the criteria set forth in GJMC § 21.10.070.
(B) 
The application of the sign package is not contrary to and better implements the goals and objectives of the Comprehensive Plan, including but not limited to applicable neighborhood plans, corridor plans, and other adopted plans.
(C) 
The application of the Sign Package is not contrary to and better implements the goals and objectives of moderating the size and number of signs as well as the reduction of clutter and obtrusive placement of signs.
(ii) 
Post-Decision Actions.
A Sign Package approval limits the characteristics of each sign within the Sign Package. Any increase in any sign characteristic must be reviewed and approved as a new Sign Package. Any changes to the Sign Package approval, including modification or termination, other than termination due to change of use on a site or termination of the shared access or parking, shall require the written consent of all landowners of each of the sites included within the approved Sign Package.
(iii) 
Lapsing and Extension of Approvals.
A Sign Package does not expire as long as the Sign Package is established within 180 days of approval and as long as a use on a site has not changed and the site continues to share vehicular access through, across, over, entrance onto, and/or exit from the site and/or parking. All the parcels functioning as one shall be considered the site to which the Sign Package is applicable.
(j) 
Site Plan, Major and Minor.
Common Procedures for Administrative Applications
General Meeting or Pre-Application Meeting Per Table 21.02-3
Application Submittal & Review | §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Director Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of this section is to determine if proposed development is in compliance with this Code, the Comprehensive Plan, adopted corridor guidelines, and other applicable regulations.
(2) 
Applicability.
Site Plan review is required for all development applications except as provided in this section.
(i) 
Major Site Plan.
Any proposed development that exceeds the criteria for a Minor Site Plan in Subsection (k)(2)(ii) and that is not exempt in Subsection (k)(2)(iii) is required to be reviewed through the Major Site Plan process.
(ii) 
Minor Site Plan.
The following types of development require a Minor Site Plan:
(A) 
A new, non-habitable structure of up to 1,000 gross square feet of water and sewer services are not provided and if no structures currently exist on the parcel;
(B) 
An addition of up to 1,000 gross square feet to an existing structure, or a new structure of up to 1,000 square feet on a lot with one or more structures;
(C) 
An existing unpaved parking lot or existing unpaved work area to be paved with asphalt or concrete;
(D) 
Similar low-impact uses; and
(E) 
A development that the Director determines does not require a Major Site Plan review when the development will not adversely affect the neighborhood and meets the purpose and intent of this Code.
(iii) 
Exempt Development Types.
The following development types are exempt from the Site Plan review process:
(A) 
A residential structure with one or two dwellings and associated accessory structures;
(B) 
Nonresidential, interior remodeling which will cost 25% or less of the fair market value of the existing structure;
(C) 
An approved home occupation;
(D) 
An approved temporary use;
(E) 
An approved fence or wall;
(F) 
An approved sign;
(G) 
Parking lot resurfacing, provided that the number of stalls is not reduced beyond the minimum required or, if legally nonconforming, in compliance with GJMC Chapter 21.12;
(H) 
A temporary office trailer;
(I) 
Enclosing outdoor courtyards within existing building envelopes;
(J) 
Co-location of telecommunication tower;
(K) 
Electric vehicle charging stations;
(L) 
Public utility structures;
(M) 
Unenclosed structures constructed over already impervious areas that do not require water/sewer; and
(N) 
A development that the Director determines does not require a Minor Site Plan review when the development will not adversely affect the neighborhood and meets the purpose and intent of this Code.
(3) 
Post-Decision Actions.
(i) 
Planning Clearance and Building Permit.
Major Site Plan review shall be completed prior to issuance of a Planning Clearance and a Building Permit.
(ii) 
Construction Plans.
(A) 
Purpose and Applicability.
a. 
The purpose of Construction Plans is to confirm the location, design, and composition of all improvements identified in an approved development application.
b. 
Construction Plans are required for any Major Site Plan approval that necessitates the construction, reconstruction, or modification of new or existing improvements.
(B) 
Review Procedures.
a. 
When required, a completed Development Improvements Agreement (DIA) for any required public improvements, together with an acceptable financial guarantee, must be submitted with the construction drawings.
b. 
Construction Plans shall be prepared in conformance with the approved Final Plat and the City's adopted standards for public improvements including those contained in this Code.
c. 
As-built plans must be submitted to the Director prior to acceptance of public improvements for City maintenance.
(4) 
Lapsing and Extension of Approvals.
Approved Major or Minor Site Plans shall remain valid for two years.
(k) 
Subdivision, Major.
(1) 
Purpose.
The purposes of the major subdivision review process are to:
(i) 
Ensure conformance with the Comprehensive Plan and other adopted plans including all corridor design guidelines;
(ii) 
Assist orderly, efficient, and integrated development;
(iii) 
Promote the health, safety, and welfare of the residents of the City;
(iv) 
Ensure conformance of land subdivision plans with the public improvement plans of the City, county and state;
(v) 
Ensure coordination of the public improvement plans and programs of the several area governmental entities;
(vi) 
Encourage well-planned and well-built subdivisions by establishing minimal standards for design and improvement;
(vii) 
Improve land survey monuments and records by establishing minimal standards for survey and plats;
(viii) 
Safeguard the interests of the public, the homeowner, and the subdivider;
(ix) 
Secure equitable handling of all subdivision plans by providing uniform procedures and standards;
(x) 
Ensure that pedestrian and bicycle paths and trails are extended in accordance with applicable City plans;
(xi) 
Preserve natural vegetation and cover, and to promote the natural beauty of the City;
(xii) 
Prevent and control erosion, sedimentation, and other pollution of surface and subsurface water;
(xiii) 
Prevent flood damage to persons and properties;
(xiv) 
Restrict building in areas poorly suited for building or construction;
(xv) 
Prevent loss and injury from landslides, mudflows, and other geologic hazards;
(xvi) 
Ensure adequate public facilities and services are available or will be available concurrent with the projected impacts of the subdivision; and
(xvii) 
Ensure the proposal will not impose hardship or substantial inconvenience to nearby landowners or residents.
(2) 
Subdivision Required.
No person shall record a plat of a subdivision nor prepare or execute any documents which purport to create or creates a new parcel or airspace unit, nor record or execute a deed of trust or a mortgage descriptive of the property other than all of a lot or parcel unless such plat, deed, deed of trust or mortgage has been approved by the City and unless it conforms to all of the provisions of this Code.
(3) 
Applicability.
This section shall apply to all subdivisions that do not meet the criteria for a Minor Subdivision.
(4) 
Preliminary Subdivision Plan.
Common Procedures for Administrative Applications
General Meeting or Pre-Application Meeting Per Table 21.02-3
Application Submittal & Review | §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Director Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(i) 
Review Procedures.
Applications for a Preliminary Subdivision Plan shall meet the common review procedures for administrative applications in GJMC § 21.02.040(b), with the following modifications:
(A) 
Application.
In an effort expedite Final Plat approval, the applicant may provide more detailed information than is required for Preliminary Subdivision Plan review.
(B) 
Review Criteria.
The Director shall review the application for Preliminary Subdivision Plan in light of the following additional criteria:
a. 
Conformance with the Comprehensive Plan, Grand Junction Circulation Plan, and other adopted plans;
b. 
Conformance with the standards and requirements of this Code and other City policies and regulations;
c. 
The project will have little or no adverse or negative impact(s) upon the natural or social environment;
d. 
Adequate public facilities and services will be available concurrent with the subdivision;
e. 
Compatibility with existing and proposed development on adjacent properties;
f. 
Adjacent agricultural property and land uses will not be harmed;
g. 
Is neither piecemeal development nor premature development of agricultural land or other unique areas;
h. 
There is adequate land to dedicate for provision of public services; and
i. 
This project will not cause an undue burden on the City for maintenance or improvement of land and/or facilities.
(ii) 
Lapsing and Extension of Approvals.
(A) 
The applicant may propose a development phasing schedule at the time of application for a Preliminary Subdivision Plan for consideration by the Director.
(B) 
In the absence of an approved phasing schedule, a Preliminary Subdivision Plan approval shall be valid for only two years, during which the applicant shall obtain Final Plat approval for all or a portion of the property.
(C) 
If a part of the property in the Preliminary Subdivision Plan is Final Platted within two years, the Preliminary Subdivision Plan approval shall be automatically renewed for an additional one year following the recording of each Final Plat, unless the Director notifies the applicant, in writing, to the contrary.
(D) 
The applicant shall plat the entire property included in the Preliminary Subdivision Plan within six years of the initial plan approval date. After six years, approval of unplatted portions of the Preliminary Subdivision Plan shall be considered void unless an extension is requested and approved by the decision-making body. One extension of 12 months may be granted by the Director so long as the Preliminary Subdivision Plan is consistent with the approved plan set, unless the Director determines that any currently adopted requirements of current codes, laws or regulations are necessary for public health, safety, and welfare. The Director may approve an extension of the approved plan set with the amendment(s) determined necessary or deny the extension. Additional extensions may be granted by the Planning Commission so long as the plan is consistent with the approved plan set and the plan set has been amended as determined necessary by the Director for public health, safety, and welfare purposes.
(5) 
Final Plat.
(i) 
Applicability.
This section shall apply to all subdivisions that do not meet the criteria for a Minor Subdivision.
(ii) 
Review Procedures.
Applications for a Final Plat shall meet the common review procedures for administrative applications in GJMC § 21.02.040(b), with the following modifications:
(A) 
Portion of Preliminary Plan.
A portion of the land area within the approved Preliminary Plan may be approved for platting.
(B) 
Common Interest Community.
If the subdivision is a "common interest community" as defined in § 38-33.3-103(8) C.R.S., then the following shall apply:
a. 
The applicant shall include a declaration pursuant to §§ 38-33.3-201, 38-33.3-205 and 38-33.3-209 C.R.S.;
b. 
The applicant shall address the exercise of development rights pursuant to § 38-33.3-210 C.R.S.;
c. 
The applicant shall include the association bylaws pursuant to § 38-33.3-306 C.R.S. as applicable; and
d. 
An association shall be formed pursuant to § 38-33.3-301 C.R.S. and filed with the Colorado Secretary of State.
(C) 
Title Commitment.
A title commitment no older than 10 days shall be provided before the filing of the Final Plat for all of the platted property.
(D) 
Concurrent Processing.
If a minor revision of a Preliminary Subdivision Plan is required, the review of the revised Preliminary Subdivision Plan may, at the discretion of the Director, proceed concurrently with Final Plat review.
(E) 
Review Criteria.
The Director shall review the application for Final Plat in light of the following additional criteria:
a. 
The decision criteria for a Preliminary Subdivision Plan set forth in GJMC § 21.02.040(k)(4)(i)(C);
b. 
The terms of the Preliminary Subdivision Plan approval and any conditions attached to the approval; and
c. 
Any actions required to remedy existing or potential boundary line encroachments, including the relocation of fences or structures, prior to recording the Final Plat.
(F) 
Post-Decision Actions.
a. 
Plat Revisions.
If the Director approves the Final Plat, then the applicant's surveyor or engineer shall then make any changes necessary or required to comply with final approval conditions. The form of final approval by the Director shall be the recording of the Final Plat.
b. 
Recordation.
1. 
The Director shall record all Final Plats and related documents.
2. 
When all boundary line encroachments have been remedied, the Director shall proceed with recording as follows:
i. 
The original plat, together with any other required documentation such as, but not limited to, the following, shall be submitted for recording along with all necessary recording fees: a Mylar copy; improvements agreements; powers of attorney; easement or right-of-way dedications not shown on the plat; covenants; deeds conveying property to the homeowners' association; etc. The plat shall contain notarized signatures of each owner of the property, necessary engineer's and surveyor's signatures, and corporate seal, if required. All signatures and seals on the plat shall be in permanent black ink.
ii. 
The Director shall obtain the applicable signatures of public officials required on the plat. Upon review and payment of fees by the applicant, the Director shall record the plat at the office of the County Clerk and Recorder.
iii. 
Upon recording the plat, applications for Planning Clearances and Building Permits may be submitted in accordance with the provisions of this Code.
c. 
Guarantees for Public Improvement.
1. 
Except as provided herein, before the plat is recorded by the Director, all applicants shall be required to complete, to the satisfaction of the Director, all street, sanitary, and other public improvements, as well as lot improvements on the individual lots of the subdivision or addition as required by this Code. The required improvements shall be those specified in the approved Construction Plans.
2. 
The plat shall not be recorded until the improvements have been completed or as a condition of Final Plat approval, the City shall require the applicant to enter into a Development Improvements Agreement and post a guarantee for the completion of all required improvements.
d. 
Construction Plans.
Construction Plans shall be submitted and reviewed pursuant to GJMC § 21.02.040(f).
(iii) 
Lapsing and Extension of Approvals.
A Final Plat shall be recorded within two years of action by the Director or as directed in the approved development phasing schedule, subject to the extensions set forth in GJMC § 21.02.040(k)(4)(ii). Final Plats that are not recorded within the appropriate timeframe shall be considered expired.
(l) 
Subdivision, Minor.
Common Procedures for Administrative Applications
General Meeting or Pre-Application Meeting Per Table 21.02-3
Application Submittal & Review | §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Director Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The Minor Subdivision process allows an applicant to create or consolidate lots, move lot lines, and correct plats.
(2) 
Applicability.
This section shall apply to any application to:
(i) 
Consolidate one or more lots;
(ii) 
Create up to three additional lots where no new infrastructure is required except as provided in GJMC § 21.02.040(l)(3)(i) below;
(iii) 
Adjust a lot line(s) between parcels in the same ownership;
(iv) 
Change a non-disputed boundary line between abutting lots or parcels; or
(v) 
Change a plat to:
(A) 
Correct an error in the description;
(B) 
Correct any monument; or
(C) 
Correct a clerical error such as lot numbers, acreage, street names and identification of adjacent recorded plats.
(3) 
Review Procedures.
Applications for a Minor Subdivision shall meet the common review procedures for administrative applications in GJMC § 21.02.040(b) with the following modifications:
(i) 
Lots with Individual Septic Disposal Systems.
An applicant may request a subdivision of existing parcels that are 25 acres or larger into three or fewer lots each of which are two acres or larger in size in Residential zone districts provided the resulting subdivision complies with the following criteria:
(A) 
All lots comply with this Code; except that the minimum density/intensity requirements of a zone district or the Comprehensive Plan do not apply except in the R-R zone and the sewer regulations pertaining to the extension of sewer as a condition of subdivision need not be complied with if the applicant can demonstrate the following:
a. 
The applicant's Colorado professional engineer affirms in writing that the lot can be served by an individual septic disposal system (ISDS) constructed at or prior to use of the lot for uses allowed by this Code then in existence;
b. 
The constructed ISDS system continues to function properly;
c. 
Sewer is not constructed within 400 feet of any lot line of any lot or out lot or out parcel created under the minor exemption subdivision process; and
1. 
The landowner executes a utility extension agreement in a form acceptable to the City. The utility extension agreement shall authorize the sewer to be extended by the City at a future date (all as provided herein) at the then landowner's expense and/or in accordance with financing provided by the City and/or the sewer system.
2. 
The applicant is not seeking a variance or is seeking only to vary the requirement of extending sewer. No other variances shall be considered with a Minor Subdivision. Any other variances requested shall require the application be processed as a Major Subdivision;
3. 
The proposed lot(s) is two acres or larger in size on a gross acreage basis and is created from a parcel at least 25 acres in size;
4. 
The property from which the new lot(s) is proposed has been taxed agriculturally for the five years preceding the Minor Subdivision application; and
5. 
The lot or originating parcel has not previously had a Minor Exemption Subdivision (2010 Code), Minor Subdivision, a Mesa County minor subdivision, and/or Mesa County simple land division approval.
(B) 
If the Minor Subdivision does not comply with the sewer regulations at the time of approval, then the approval shall be a conditional approval requiring the ISDS to be abandoned prior to the end of its useful life if a sewer is constructed either within 400 feet of the lot line of any lot or out lot or out parcel created under the Minor Subdivision process, or if the ISDS fails, or a sewer improvement district is formed that includes the lot created and any out lot or parcel.
(ii) 
Review Criteria.
The Director shall review the application against the following additional criteria:
(A) 
Any changes to existing easements or right-of-way have been completed in accordance with this Code or otherwise allowed by law (additional easements or right-of-way may be dedicated);
(B) 
The right-of-way shown on the Grand Junction Circulation Plan is not changed;
(C) 
If any part of the original parcel has an ISDS, the requirements of GJMC § 21.02.040(l)(3)(i) are met; and
(D) 
If a new lot(s) is being created, the subject property must not have been included in a Minor Subdivision or series of Minor Subdivisions resulting in more than four lots in total over the preceding 10 years and the current application must not cause the cumulative total to exceed four lots.
(iii) 
Plat Notes.
Approved Minor Subdivisions shall include the following plat notes, as applicable:
(A) 
"Any additional lot splits are required to be processed through applicable City subdivision processes. The property shown hereon may not be further subdivided without approval of the City in accordance with then applicable law."
(B) 
"In accordance with a Utility Extension Agreement the City may require any ISDS on the property to be abandoned prior to the end of its useful life if a sewer is constructed within 400 feet of the lot line of any lot created under the Minor Subdivision process or the ISDS fails or a sewer improvement district is formed that includes the lot."
(4) 
Post-Decision Actions.
The final Minor Subdivision plat shall be recorded pursuant to GJMC § 21.02.040(k)(5)(ii)(F)b.
(5) 
Lapsing and Extension of Approvals.
A Minor Subdivision shall be recorded within two years of approval or it shall expire.
(6) 
Effect.
Approval of a Minor Subdivision does not transfer property between the two affected property owners. The real estate transfer must be achieved through separate action by both property owners involved.
(Ord. 5263, 6/18/2025; Ord. No. 5242, 12/4/2024; Ord. 5218, 5/1/2024; Ord. 5190, 12/20/2023)

§ 21.02.050 Applications requiring a public hearing.

(a) 
Overview.
Major development applications are reviewed and decided on by the Planning Commission or City Council. The following application types are major development applications:
Table 21.02-7: Major Development Application Summary
Application Type
Purpose
Additional Application Requirements
Annexation
Expand the City's boundaries to include new land area or relocate the City's boundaries to remove existing land area
Code Text Amendment
Review requested amendments to the Code Text
Comprehensive Plan Amendment, Non-Administrative
Review requested non-administrative amendments to the Comprehensive Plan or Circulation Plan.
Conditional Use Permit
Review a request to use a property for an activity that normally is not permitted within a zone district
Conditional Use and Special Dimensional Permit Amendment, Termination, or Revocation
Allow the post-approval review of Conditional Use Permits and Special Dimensional Permits for change or termination.
Extended Temporary Use
Review requested for a temporary use for a period of time exceeding 180 days
Institutional and Civic Facility Master Plans
Early review of major institutional and civic facilities that provide a needed service to the community
Planned Development
Allow the creation of developments with project-specific standards in situations where the development will provide a benefit to the community.
Rehearing and Appeal
Provide for a rehearing and appeal process for permits and approvals
Revocable Permit, City Council Approval
Review to ensure that any private development on public land is safely conducted in a manner that does not pose potential burdens on the public
Rezoning
Review requested amendments to the Zoning Map
Special Dimensional Permit
Provide an opportunity for additional dimensional flexibility in certain zone districts
Vacation of Plat
Process for the vacation of any plat that has not been developed, has been partially developed, or has not been developed as approved
Vacation of Public Right-of-Way or Easement
Process for the vacation of any street, alley, easement, or other public reservation
Variance
Process for consideration of variances from certain standards of this Code
Vested Property Right
Procedures to implement the statutory vested rights provisions
(b) 
Common Procedures.
(1) 
Review Procedures for Major Development Applications.
Procedures for review and decision of major development applications are established in GJMC § 21.02.030. They are summarized here for applicant convenience.
Major Development Applications
Action
When Applicable
Described in Section
General Meeting or Pre-Application Meeting
Per Table 21.02-3
Application Submittal & Review
All Applications
Complete Applications with Changed Status
Individually, As Needed
Public Notice
Determined by Specific Application Type
Planning Commission Recommendation or Decision
Determined by Specific Application Type
City Council Decision
Determined by Specific Application Type
Post-Decision Actions
Individually, As Needed
(2) 
Review Criteria for Major Development Application Types.
The decision-maker shall review each application against the criteria described in the specific application type.
(c) 
Annexation.
(1) 
Purpose.
In accordance with state law, land may be annexed to, or de-annexed from, the City as determined by the City Council.
(2) 
Applicability.
Any lands to be added to or deleted from the corporate limits of the City shall comply with this section.
(i) 
Waiver of Vested Rights.
Any landowner requesting annexation shall waive in writing any preexisting vested property rights from other jurisdictions in the petition for annexation. An owner's written consent is considered sufficient to waive any prior vested property rights.
(ii) 
City-Initiated Annexations.
Annexations of enclaves, property owned by the City or under lease to the City with an option to purchase, and property predominately containing a City-managed or - operated facility are exempt from Steps 1 through 3 of the common review procedures for major development applications.
(3) 
Review Procedures.
Application requirements and processing procedures shall comply with those described in state law.
(4) 
Approval Criteria.
The application shall meet all applicable statutory and City administrative requirements. The City Council shall use the following criteria when evaluating a request for annexation. Annexation is, however, a discretionary, legislative act. The City shall never be compelled to annex, unless otherwise required by state law, even if all these review criteria have been satisfied.
(i) 
The annexation complies with the Municipal Annexation Act of 1965, as amended (§ 31-12-101 C.R.S., et seq.). Contiguity is presumed to satisfy the eligibility requirement of § 31-12-104 C.R.S.
(ii) 
The proposed zoning is appropriate, based upon consideration of the following factors:
(A) 
The proposed zoning is consistent with the Comprehensive Plan designation of the property; and
(B) 
The proposed land uses are consistent with the purpose and intent of the proposed zone district.
(iii) 
The annexation will not limit the ability to integrate surrounding land into the City or cause variances or exceptions to be granted if the adjacent land is annexed or developed.
(iv) 
The landowner has waived in writing any preexisting vested property rights as a condition of such annexation.
(5) 
Review and Recommendation.
The Director shall make recommendations to City Council.
(6) 
Decision by City Council.
City Council shall approve, conditionally approve, or disapprove all applications for annexation or de-annexation of the municipal limits.
(7) 
Zoning of Annexed Areas.
Land annexed to the City shall be zoned in accordance with GJMC § 21.02.050(m) to a district that is consistent with the adopted Comprehensive Plan and the criteria set forth.
(d) 
Code Text Amendment.
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of this section is to establish the procedure and requirements for requested amendments to the text of this Code.
(2) 
Authority to Initiate.
Amendments to this Code may be proposed by property owners, the City, the Planning Commission, or City Council in order to:
(i) 
Reflect trends in development or regulatory practices;
(ii) 
Expand, modify, or add requirements for development in general or to address specific development issues;
(iii) 
To add, modify or expand zone districts; or
(iv) 
To clarify or modify procedures for processing development applications.
(3) 
Review Procedures.
Applications for Code Text Amendment shall meet the common review procedures for major development applications in GJMC § 21.02.050(b), with the following modifications:
(i) 
Application Information.
An application for a Code Amendment shall address in writing the reasons for the proposed amendment.
(ii) 
Public Notice and Hearing Requirements.
The application for either Code Text Amendment shall be scheduled for public hearings before the Planning Commission and City Council and shall be noticed pursuant to GJMC § 21.02.030(g).
(iii) 
Review Criteria.
An applicant for a Code Text Amendment has the burden of producing evidence that proves each of the following criteria:
(A) 
Consistency with Comprehensive Plan.
The proposed Code Text Amendment is generally consistent with applicable provisions of the Comprehensive Plan.
(B) 
Consistency with Zoning and Development Code Standards.
The proposed Code Text Amendment is consistent with and does not conflict with or contradict other provisions of this Code.
(C) 
Specific Reasons.
The proposed Code Text Amendment shall meet at least one of the following specific reasons:
a. 
To address trends in development or regulatory practices;
b. 
To expand, modify, or add requirements for development in general or to address specific development issues;
c. 
To add, modify or expand zone districts; or
d. 
To clarify or modify procedures for processing development applications.
(4) 
Lapsing and Extension of Approvals.
Approved Code Text Amendments do not expire.
(e) 
Comprehensive Plan Amendment, Non-Administrative.
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice | § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of this section is to ensure that proposed amendments to the Comprehensive Plan are consistent with the vision, goals, and policies included in the Plan.
(2) 
Applicability.
(i) 
This section shall apply to all proposed amendments to or adoption of the text of the Comprehensive Plan. For purposes of this section, the Comprehensive Plan shall include all neighborhood plans, corridor plans, area plans, the Grand Junction Circulation Plan, and all other elements adopted as a part of the Comprehensive Plan.
(ii) 
Any proposed development that is inconsistent with any goals or policies of the Comprehensive Plan shall first receive approval of a Comprehensive Plan Amendment.
(3) 
Jurisdiction Approvals.
Changes to various areas of the Grand Junction Comprehensive Plan require different land use approvals:
(i) 
Land use changes located within the City limits may be approved by the City and do not require County approval.
(ii) 
Changes to land use designations inside the Persigo 201 Boundary (outside the City limits) require annexation and City approval and do not require County approval.
(iii) 
Changes to land use designations outside of the Persigo 201 Boundary require County approval and do not require City approval.
(iv) 
Changes to the Persigo 201 Service Area require approval by the Persigo Board, which is comprised of the County Commissioners and the City Council.
(v) 
Each entity will have an opportunity to comment on proposed changes to the Comprehensive Plan prior to adoption of the amendment.
(4) 
Review Procedures.
Applications for Comprehensive Plan Amendment shall meet the common review procedures for major development applications in GJMC § 21.02.050(b), with the following modifications:
(i) 
Public Notice and Public Hearing Requirements.
The application shall be scheduled for public hearings before the Planning Commission and City Council and shall be noticed pursuant to GJMC § 21.02.030(g) unless the amendment meets the criteria for an administrative change.
(ii) 
Administrative Changes.
Where the City has sole jurisdiction, the Director has the authority to approve Comprehensive Plan Amendment Applications pursuant to GJMC § 21.02.040(f).
(iii) 
Review Criteria for Comprehensive Plan Amendments (Non-Administrative).
The Planning Commission and City Council shall review a Comprehensive Plan Amendment request in light of the following criteria:
(A) 
The existing Comprehensive Plan and/or any related element thereof requires the proposed amendment; and
(B) 
The community or area will derive benefits from the proposed amendment; and/or
(C) 
The amendment will be consistent with the vision, goals, principles, and policies of the Comprehensive Plan and the elements thereof.
(iv) 
Review Criteria for Circulation Plan Amendments (Non-Administrative).
Unless otherwise specified in Subsection (a), above the Planning Commission and City Council shall review a Circulation Plan Amendment request in light of the following criteria:
(A) 
There was an error such that then-existing facts, projects, or trends that were reasonably foreseeable were not accounted for; or
(B) 
Subsequent events have invalidated the original premises and findings;
(C) 
The character and/or condition of the area have changed enough that the amendment is acceptable;
(D) 
The community or area, as defined by the presiding body, will derive benefits from the proposed amendment;
(E) 
The change will facilitate safe and efficient access for all modes of transportation; and
(F) 
The change furthers the goals for circulation and interconnectivity.
(v) 
Failure of Amendment.
If an amendment request fails, any pending development application must be changed to be consistent with the plan.
(5) 
Lapsing and Extension of Approvals.
An approved Comprehensive Plan or Circulation Plan Amendment does not expire.
(f) 
Conditional Use Permit (CUP).
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice | § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of this section is to provide an opportunity for an applicant to request to use a property for an activity that normally is not permitted within a zone district because it could be detrimental to other permitted uses. A conditional use may be permitted under circumstances particular to the proposed location and subject to conditions that provide protection to adjacent land uses. A conditional use is not a use by right; it is one that is otherwise prohibited within a given zone district without approval of a Conditional Use Permit.
(2) 
Applicability.
This section shall apply to any use that is classified as a Conditional Use in Table 21.04-1: Principal Use Table, Table 21.04-2: Accessory Use Table, or elsewhere in this Code.
(3) 
Review Procedures, General.
Applications for Conditional Use Permits shall meet the common review procedures for major development applications in GJMC § 21.02.050(b), with the following modifications:
(i) 
Site plan review and approval (pursuant to GJMC § 21.02.040(j)) can occur either before or after the approval of a Conditional Use Permit by the Planning Commission. In either case, the applicant shall submit a site sketch showing sufficient detail to enable the Planning Commission to make findings on the Conditional Use Permit criteria and showing all site design features which are proposed or necessary to mitigate neighborhood impacts and/or enhance neighborhood compatibility.
(ii) 
The Planning Commission can request additional information from the applicant if it deems the site sketch is insufficient to enable it to make a determination on the criteria. In any subsequent site plan review, the Director shall ensure and determine that all mitigating/enhancing site features approved or made conditions of approval by the Planning Commission are depicted on the approved site plan.
(iii) 
Public Notice and Public Hearing Requirements.
The application shall be scheduled for a public hearing before the Planning Commission and shall be noticed pursuant to GJMC § 21.02.030(g), unless the application is for a minor expansion or change of a Conditional Use Permit in accordance with GJMC § 21.02.050(g), below.
(iv) 
Review Criteria for Conditional Use Permits.
The Planning Commission shall review and decide on a Conditional Use Permit request in light of the following criteria:
(A) 
The proposed use is consistent with the Comprehensive Plan and the purpose of the applicable zone district.
(B) 
The proposed use complies with the requirements of this Code, including any use-specific standards for the use in GJMC Chapter 21.04.
(C) 
The proposed use is of a scale and design and in a location that is compatible with surrounding uses and potential adverse effects of the use will be mitigated to the maximum extent practicable.
(D) 
The proposed conditional use will not substantially diminish the availability of land for principal uses within the applicable zone district.
(E) 
The City's existing infrastructure and public improvements, including but not limited to its street, trail, and sidewalk systems, have adequate capacity to serve the proposed development.
(4) 
Review Procedures, Mining and Extraction.
(i) 
Commercial extraction of mineral deposits shall not begin or occur until an excavation and land reclamation plan have been approved in writing by the Colorado Mined Land Reclamation Board. A plan approved as part of a Conditional Use Permit and/or a reclamation/development schedule being followed under previous regulations fulfills this requirement.
(ii) 
Asphalt, cement and/or other batch plant operations shall be subject to Conditional Use Permit requirements.
(iii) 
Upon approval, the excavation and reclamation plans shall be filed with the City and recorded with the Mesa County Clerk and Recorder. Any change in excavation or reclamation plan shall be prohibited unless amended through the Conditional Use Permit process.
(iv) 
If the development schedule is not, met the Conditional Use Permit:
(A) 
May be revoked;
(B) 
The Director may grant a two-year extension per request;
(C) 
The Planning Commission shall have the power, after hearing, to revoke any Conditional Use Permit for any violation;
(D) 
Upon at least 10 days' written notice to the owner, the Planning Commission may hold a hearing to determine the nature and extent of the alleged violation, and shall have the power, upon showing of good cause, to revoke the permit and the plan and to require reclamation of the land;
(E) 
If not extended or revoked, a new application and extraction plan will need to be submitted and reviewed in the manner described in this subsection;
(F) 
An extension request shall provide information in writing detailing the reasons for the request. The Director shall consider the stated reasons, as well as the extent conditions have changed in the area, if any, before granting an extension;
(G) 
If a written request to extend the development schedule is submitted to the Director it shall include but not necessarily be limited to the factors and reasons for the requested extension. New conditions may be imposed as a part of the granting of an extension. New conditions, if any, may be appealed to the Planning Commission to be considered at a public hearing;
(H) 
The Director may forward any extension request to the Planning Commission; and
(I) 
Extension requests will be evaluated by the Director and/or Planning Commission on the same basis and with the same information as per the Conditional Use Permit process.
(v) 
If the use has not operated or if no material has been extracted in accordance with the development schedule or any extension of the development schedule, the Conditional Use Permit shall expire.
(5) 
Post-Decision Actions.
(i) 
Major or Minor Change or Expansion.
If the applicant proposes to change or expand a structure or other feature of a site that is subject to a Conditional Use Permit, the Director shall determine whether the expansion/change is major or minor as follows:
(A) 
Determination of Major or Minor Status.
a. 
A major expansion or change is one that:
1. 
Affects, changes, removes, or eliminates a site feature or condition that was approved or imposed for the purpose of mitigating neighborhood impacts or enhancing neighborhood compatibility;
2. 
Increases the intensity of the use, the off-site impacts such as noise, light or odor, or the hours of operation; and
3. 
Results in a substantial change to the features shown on the site sketch which formed the basis of the Planning Commission's approval of the Conditional Use Permit.
b. 
All other expansion/changes shall be considered minor.
(B) 
Application Process.
a. 
A major expansion/change shall be reviewed by the Planning Commission in accordance with the criteria for an original application for Conditional Use Permit.
b. 
A minor expansion/change shall be reviewed by the Director in accordance with the applicable site plan review criteria and conditions of the Conditional Use Permit.
(ii) 
Amendment, Revocation, or Termination.
Conditional Use Permits may be amended, revoked, or terminated pursuant to GJMC § 21.02.050(g).
(iii) 
Lapsing and Extension of Approvals.
A Conditional Use Permit approval shall remain valid until the property changes use or the use is abandoned and nonoperational for a period of 12 consecutive months.
(g) 
Conditional Use, Extended Temporary Use, and Special Dimensional Permit Amendment, Termination, or Revocation.
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
This section is intended to allow the post-approval review of Conditional Use Permits, Extended Temporary Use Permits, and Special Dimensional Permits for amendment, termination, or revocation.
(2) 
Interested Party.
Any interested party may apply to the City for the amendment, termination, or revocation of a Conditional Use, Extended Temporary Use, or Special Dimensional Permit. For purposes of this section, "interested party" shall include the following:
(i) 
The original applicant or successor in interest, or the current owner or lessee of the property for which the conditional use was granted (permit holder);
(ii) 
The City; and
(iii) 
Any owner or lessee of property that lies within 500 feet of the property for which the Conditional Use Permit was granted.
(3) 
Preliminary Criteria.
An applicant for amendment, termination, or revocation of a Conditional Use, Extended Temporary Use, or Special Dimensional Permit must establish the following to the satisfaction of the decision-maker before the requested change(s) can be considered by the decision-maker:
(i) 
Permit Holder.
A Conditional Use, Extended Temporary Use, or Special Dimensional Permit may be amended or terminated at the request of the permit holder as follows:
(A) 
Grounds for Amendment.
a. 
The permit holder shall show that a substantial change in circumstance has occurred since the approval of the permit that would justify a change in the permit.
b. 
An Extended Temporary Use permit may only be amended in accordance with GJMC § 21.02.050(h)(6)(i).
(B) 
Grounds for Termination.
The permit holder shall show that the use is an allowed use in the zone district in which it is now established or that the use has ceased to exist.
(ii) 
Other Interested Party.
A Conditional Use, Extended Temporary Use, or Special Dimensional Permit may be revoked at the request of any other interested party if one or more of the following is established:
(A) 
The permit was obtained by misrepresentation or fraud;
(B) 
The use, or, if more than one, all the uses, for which the permit was granted has ceased or has been suspended for six months;
(C) 
The permit holder has failed to comply with any one or more of the conditions placed on the issuance of the permit;
(D) 
The permit holder has failed to comply with one or more of the City regulation governing the conduct of that use;
(E) 
The permit holder has failed to construct or maintain the approved site as shown on the approved Site Plan;
(F) 
The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.
(4) 
Due Process.
(i) 
No Conditional Use, Extended Temporary Use, or Special Dimensional Permit shall be revoked without first giving the permit holder an opportunity to appear before the decision-maker and show cause as to why the permit should not be revoked.
(ii) 
Revocation of the permit shall not limit the City's ability to initiate or complete other legal proceedings against the holder or user of the permit.
(5) 
Review Procedures.
(i) 
All applications for amendment, or revocation, of a Conditional Use, Extended Temporary Use, or Special Dimensional Permit shall be processed in the same manner and based on the same review criteria as a new request for a Conditional Use or Special Dimensional Permit.
(ii) 
All applications for termination of a Conditional Use or Extended Temporary Use Permit shall be reviewed and decided on by the Director.
(iii) 
Any person or entity, other than the City, seeking to amend, terminate, or revoke an approved Conditional Use, Extended Temporary Use, or Special Dimensional Permit shall pay a fee in the amount established for an original application for a Conditional Use or Special Dimensional Permit.
(h) 
Extended Temporary Use Review.
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of this subsection is to provide an opportunity for an applicant to request review of a temporary use for a period of time exceeding 180 days.
(2) 
Applicability.
This subsection shall apply to any use that is classified as an Extended Temporary Use in Table 21.04-1: Principal Use Table or Table 21.04-2: Accessory Use Table.
(3) 
Review Procedures, General.
Applications for Extended Temporary Use review shall meet the common review procedures for major development applications in GJMC 21.02.050(b), with the following modifications:
(i) 
A neighborhood meeting is required.
(ii) 
Site plan review and approval (pursuant to GJMC § 21.02.040(j)) can occur either before or after the approval of an Extended Temporary Use. In either case, the applicant shall submit a site sketch showing all site design features that are proposed or necessary to mitigate site and neighborhood impacts and/or enhance neighborhood compatibility in sufficient detail to enable the Planning Commission to recommend on or the City Council to make findings on the Extended Temporary Use criteria.
(iii) 
The Planning Commission or City Council can request additional information from the applicant if it deems the site sketch is insufficient to enable it to decide on the criteria.
(iv) 
In any subsequent site plan review, the Director shall determine that all mitigating/enhancing site features approved or made conditions of approval by the City Council are depicted on the approved site plan.
(4) 
Public Notice and Public Hearing Requirements.
The application shall be scheduled for a public hearing before the Planning Commission and City Council, and shall be noticed pursuant to GJMC § 21.02.030(g), unless the application is for a minor expansion or change of an Extended Temporary Use approval in accordance with GJMC § 21.02.050(h)(6), below.
(5) 
Review Criteria for Extended Temporary Use.
The Planning Commission shall review and recommend, and the City Council shall decide on an Extended Temporary Use application in light of the following criteria:
(i) 
The proposed use complies with the applicable requirements of this Code, including any use-specific standards for the use in GJMC Chapter 21.04.
(ii) 
The proposed use is of a scale and design and in a location that is compatible with surrounding uses.
(iii) 
Potential adverse effects of the use will be mitigated to the maximum extent practicable.
(iv) 
The proposed use does not pose an unreasonable risk to public health or safety.
(v) 
Each parcel or lot is limited to the operation of one extended temporary use at a time.
(6) 
Post-Decision Actions.
(i) 
Major or Minor Change or Expansion.
If the applicant proposes to change or expand a structure or other feature of a site that is subject to an Extended Temporary Use approval, the Director shall determine whether the expansion/change is major or minor as follows:
(A) 
Determination of Major or Minor Status.
a. 
A major change or expansion is one that:
1. 
Affects, changes, removes, or eliminates a site feature or condition that was approved or imposed for the purpose of mitigating neighborhood impacts or enhancing neighborhood compatibility;
2. 
Increases the intensity of the use, the off-site impacts such as noise, light or odor, or the hours of operation; and
3. 
Results in a substantial change to the features shown on the site sketch which formed the basis of the City Council's approval of the Temporary Extended Use.
b. 
All other expansion/changes shall be considered minor.
(B) 
Application Process.
a. 
A major change or expansion shall be reviewed by the City Council in accordance with the criteria for an original application for an Extended Temporary Use.
b. 
A minor expansion/change shall be reviewed by the Director in accordance with the applicable site plan review criteria and conditions of the Extended Temporary Use approval.
(ii) 
Revocation or Termination.
Extended Temporary Use approvals may be revoked or terminated pursuant to GJMC § 21.02.050(g).
(7) 
Period of Validity.
The approval of an interim shelter site may, pending compliance with all applicable standards, be valid for a period of two years from the issue date of the Planning Clearance. One extension for a two-year period may be granted by the City Council, not to exceed a cumulative period of four years.
(8) 
Criteria for Extensions of Approval or Expansion of the Site.
(i) 
The City Council may extend the term of an approval in the case of inclement weather, natural disaster, state or federal disaster, or other public emergency, including limited availability of interim shelter sites, necessitates the continued use of the site.
(ii) 
The City Council will consider the following when reviewing a request for an extension of the Extended Temporary Use permit or expansion of the number of units on a site:
(A) 
The continuing need for the site as shown through continuous applications for residency and low to no vacancy rates;
(B) 
The number of life safety code complaints pursued by the Code Enforcement Division on the subject property during the duration of the interim shelter site operation;
(C) 
The number and type of calls placed to police or fire that result in charges or arrest due to disruptions by on-site residents, not including personal medical incidents not caused by another resident;
(D) 
Documentation of the transitioning of residents into other long-term or more stable housing; and
(E) 
Other documentation related to the outcomes of residents, site conditions, and operations as deemed necessary based on experience with interim shelter sites in Grand Junction.
(9) 
Expiration of Approval.
The approval for an interim shelter site shall expire if the interim shelter site:
(i) 
Is voluntarily vacated prior to the expiration date and terminated in accordance with GJMC § 21.02.050(g); or
(ii) 
Does not receive an extension.
(10) 
No New Applications.
Following the operation of one or more interim shelter site(s) for any cumulative period of four years, no new applications may be made for another interim shelter site on the same property.
(i) 
Institutional and Civic Facility Master Plans.
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of this section is to provide an opportunity for the early review of major institutional and civic facilities that provide a needed service to the community but might impact the surrounding community. The I&C Facility Master Plan review allows the City to assess any impacts early in the review process and direct the applicant about how best to address the impacts.
(2) 
Applicability.
This section shall apply to any institutional and/or civic use when the use will include two or more buildings sharing common facilities on an undivided lot and the development will include any of the following:
(i) 
Multiple phases of construction;
(ii) 
One hundred thousand square feet in one or more buildings;
(iii) 
Modification of the existing transportation circulation patterns; or
(iv) 
When the Director deems the project and/or the City would benefit from such a review.
(3) 
Review Procedures.
Applications for I&C Facility Master Plans shall meet the common review procedures for major development applications in GJMC § 21.02.050(b) with the following modifications:
(i) 
Application Review.
(A) 
The review of an I&C Facility Master Plan shall precede, or be concurrent with, any other required review process.
(B) 
The content of the I&C Facility Master Plan document shall be sufficient to generally assess the following:
a. 
Site access, traffic flow, pedestrian circulation/safety;
b. 
Adequate parking;
c. 
Location of open space and trails;
d. 
Drainage and stormwater management;
e. 
General building location and size; and
f. 
Adequate screening and buffering.
(ii) 
Public Notice and Hearing Requirements.
The application shall be scheduled for public hearings before the Planning Commission and City Council and shall be noticed pursuant to GJMC § 21.02.030(g).
(iii) 
Review Criteria.
The Planning Commission and City Council shall review the application in light of the following criteria:
(A) 
Conformance with the Comprehensive Plan and other area, corridor, or neighborhood plans;
(B) 
Conformance with the Grand Junction Circulation Plan and general transportation planning requirements;
(C) 
Conformance with the standards in this Code;
(D) 
Consistency with prior approvals and conditions placed on the site; and
(E) 
Community benefits from the proposal.
(4) 
Effect of Approval.
(i) 
Approved I&C Facility Master Plans shall be binding upon the property owner(s) and their successors, transferees, and assigns.
(ii) 
No permit shall be issued for any building, structure, or use that does not conform to an approved I&C Facility Master Plan.
(iii) 
No building, structure, use or other element of the approved master site plan shall be modified without amending the I&C Facility Master Plan.
(iv) 
All buildings, structures and uses shall remain in conformance with the approved master site plan or be subject to enforcement action.
(v) 
All phases of projects being developed shall be in conformance with the approved plan.
(5) 
Amendment.
(i) 
Amendments to the I&C Facility Master Plan may be proposed at any time through this process.
(ii) 
An amended Master Plan is required if changes are proposed to any of the following:
(A) 
Site access;
(B) 
Traffic flow; or
(C) 
Pedestrian circulation/safety.
(6) 
Lapsing and Extension of Approvals.
An I&C Facility Master Plan shall remain valid for a minimum of five years, unless otherwise established by the City Council.
(j) 
Planned Development.
(1) 
Purpose.
The planned development (PD) district is intended to apply to mixed-use or unique single use projects to provide design flexibility not available through strict application and interpretation of the standards established in this Code. Modifications to applicable base zone districts may be permitted as approved and made applicable to the subject property through the PD rezoning process.
(2) 
Applicability.
(i) 
PD zoning is applicable to parcels of 10 acres or greater.
(ii) 
PD zoning may not be used to provide a site-specific solution to a single issue that can be resolved through a more appropriate administrative means.
(3) 
Residential Density.
PD zoning shall not be used to increase the density of the base zone districts. Rezoning is the appropriate process to request a density increase.
(4) 
Required Approvals.
Planned Development applications are reviewed through a two-step process, both of which are described below:
(i) 
Outline Development Plan.
(ii) 
Final Development Plan.
(5) 
Outline Development Plan (ODP).
(i) 
Applicability.
An outline development plan is required for all PD applications.
(ii) 
Purpose and Content.
(A) 
The purpose of an ODP is to demonstrate conformance with the Comprehensive Plan, identify applicable base zone districts and requested adjustment to applicable standards, and coordination of improvements within and among individually platted parcels, sections, or phases of a development prior to the approval of a Final Plat.
(B) 
An ODP shall include a site plan that identifies the base zoning established for the entire property or for each phase designated for development.
(C) 
An applicant may file an ODP with a Final Development Plan (FDP) for all or a portion of the property, as determined by the Director at the Pre-Application Meeting.
(iii) 
Review Procedures.
Applications for ODP shall meet the common review procedures for major development applications in GJMC § 21.02.050(b) with the following modifications:
(A) 
Site plan review and approval [pursuant to GJMC § 21.02.040(j)] can occur either before or after the approval of ODP by the City Council. In either case, the applicant shall submit a site sketch, as described in the Submittal Standards for Improvements and Development (SSID) manual, showing sufficient detail to enable the Planning Commission and City Council to review and make findings on the ODP review criteria.
(B) 
The Planning Commission or City Council can request additional information from the applicant if it deems the site sketch is insufficient to enable it to make a on the criteria. In any subsequent site plan review, the Director shall ensure and determine that all mitigating/enhancing site features approved or made conditions of approval by the City Council are depicted on the approved site plan.
(C) 
An applicant may file an ODP with a final development plan for all or a portion of the property, as determined by the Director at the Pre-Application Meeting.
(iv) 
Public Notice and Public Hearing Requirements.
The ODP application shall be scheduled for public hearings before the Planning Commission and City Council and shall be noticed pursuant to GJMC § 21.02.030(g).
(v) 
Review Criteria for ODP.
The Planning Commission shall review and recommend, and the City Council shall review and decide on an ODP based on demonstrated conformance with all of the following criteria:
(A) 
The Comprehensive Plan, Grand Junction Circulation Plan and other adopted plans and policies;
(B) 
The applicable corridor guidelines and other overlay districts in GJMC Titles 23, 24 and 25;
(C) 
The rezoning criteria provided in GJMC § 21.02.050(m);
(D) 
A Planned Development which allows the construction and/or use of single unit detached dwellings shall allow accessory dwelling units (ADUs) in accordance with GIMC § 21.04.040 and shall not have any standards regarding ADUs that are more restrictive than this Code. All ADU applications shall be reviewed through the administrative process in GIMC § 21.02.040
(E) 
The ODP specifically shows the following requirements of a planned development:
a. 
Adequate public services and facilities shall be provided concurrent with the projected impacts of the development;
b. 
Adequate circulation and access shall be provided to serve all development pods/areas to be developed;
c. 
Appropriate screening and buffering of adjacent property, uses, and structures shall be provided;
d. 
An appropriate range of density for the entire property or for each development pod/area to be developed;
e. 
An appropriate set of base zone district standards for the entire property or for each development pod/area to be developed;
f. 
An appropriate phasing or development schedule for the entire property or for each development pod/area to be developed.
g. 
Any requested adjustments to the standards of the base zone district(s) and/or other applicable standards such as landscaping, uses, or parking shall be identified both by location on the site plan and in an accompanying narrative summary; and
h. 
An appropriate community benefit shall be described through the application narrative, which incorporates at least one of the following:
1. 
The PD protects, preserves, and/or manages areas of significant natural resources beyond the requirements of the base zoning regulations;
2. 
The general arrangement of proposed uses in the PD better integrates future development into the surrounding neighborhood, either through more compatible street layout, architectural styles, and housing types, or by providing better transitions between the surrounding neighborhood and the PD with compatible development or open space buffers;
3. 
Areas of open space, their intended levels of use, and their relationship to other proposed uses in the PD provide enhanced opportunities for community gathering areas;
4. 
The PD features outstanding site design and construction, such as best management practices for on-site storm water management, green building materials, and/or water and energy efficiency:
5. 
Site design in the PD will create a diverse neighborhood with a mix of housing choices; or
6. 
The PD features enhanced opportunities for walkability or transit ridership, including separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc.
(vi) 
Creation of Overlay Zone District.
The PD zone district creates an overlay district that reflects adjustments made to applicable base zone districts as stated in the PD zoning ordinance. Where the PD is silent as to a development term or requirement, the requirements of the applicable base zone district or this Code shall apply.
(vii) 
Post-Decision Actions.
(A) 
Modification or Amendment.
The ODP amendment process is provided in GJMC § 21.02.050(j)(5).
(B) 
Lapsing and Extension of Approvals.
a. 
The effective period of the ODP/phasing schedule shall be determined concurrently with ODP approval.
b. 
The ODP/phasing schedule shall be subject to the validity provisions GJMC § 21.02.050(j)(7).
c. 
The ODP/phasing schedule may be extended by the City Council per GJMC § 21.02.050(j)(8).
(6) 
Final Development Plan (FDP).
(i) 
Applicability.
(A) 
Following approval of an ODP, a subsequent final development plan approval shall be required before any development activity occurs. The plan and the plat ensure consistency with the approved ODP and specific development and construction requirements of various adopted codes.
(B) 
Unless specified otherwise at the time of ODP approval, if the form of ODP approval was a subdivision plan, a Final Plat may be approved and recorded prior to FDP approval for individual lots.
(ii) 
Review Procedures.
(A) 
Applications for a Final Development Plan shall meet the common review procedures for administrative applications in GJMC § 21.02.040(b), with the following modifications:
(B) 
A portion of the land area within the approved ODP may be approved for FDP.
(iii) 
Public Notice and Public Hearing Requirements.
Notice of a Final Development Plan is not required unless the Planning Commission elects to take final action. In such instances, notice shall be provided in the same manner and form as is required with an ODP.
(iv) 
Review Criteria.
The Director, or the Planning Commission if applicable, shall review and decide on the application for FDP in light of the following additional criteria:
(A) 
The approved ODP, if applicable, and PD ordinance with the following exception:
a. 
All requests for an accessory dwelling unit shall be processed through the administrative approval process in GJMC § 21.02.040 and in accordance with GJMC § 21.04.040. Restrictions in the ODP or PD ordinance regarding accessory dwelling units that are more restrictive than the Code shall not be enforced;
(B) 
The approved PD rezoning ordinance, if applicable;
(C) 
The Submittal Standards for Improvements and Development, Transportation Engineering Design Standards (GJMC Title 29), and Stormwater Management Manual (GJMC Title 28) manuals and all other applicable development and construction codes, ordinances, and policies;
(D) 
The applicable site plan review criteria in GJMC § 21.02.040(j); and
(E) 
The applicable Final Plat review criteria in GJMC § 21.02.040(k)(5).
(v) 
Post-Decision Actions.
(A) 
Improvements and Recordation.
a. 
The Final Plat shall be recorded pursuant to GJMC § 21.02.040(k)(5)(ii)(F)b.
b. 
Except as provided herein, before the plan and plat are recorded by the Director, all applicants shall be required to complete, to the satisfaction of the Director, all street, sanitary, and other public improvements, as well as lot improvements on the individual lots of the subdivision as required by this Code. The required improvements shall be those specified in the approved Construction Plans as per GJMC § 21.05.020(c); or
c. 
As a condition of final plan and plat approval, the City shall require the applicant to enter into a development improvements agreement and post a guarantee for the completion of all required improvements as per GJMC § 21.05.020(c)(2).
(B) 
Contractual Agreement.
a. 
Approval of a PD allows the development and use of a parcel of land under certain, specific conditions. Conditions of approval shall be filed with the Director in the review process.
b. 
No use of the parcel, nor construction, modification, or alteration of any use or structures within a PD project shall be permitted unless such construction, modification or use complies with the terms and conditions of an approved final development plan.
c. 
Each subsequent owner and entity created by the developer, such as property owners' associations or an architectural review committee, shall comply with the terms and conditions of approval. The developer shall set forth the conditions of approval within covenants. Such covenants shall be recorded with the final approved plan and plat.
(C) 
Transfer of Ownership.
No person shall sell, convey, or transfer ownership of any property or any portion thereof within a PD zone until such person has informed the buyer of the property's status with respect to the PD process and conditions of approval. The City shall bear no liability for misrepresentation of terms and conditions of an existing approval.
(D) 
Planned Development Zone Designation.
The Director shall designate each approved PD on the Official Zoning Map.
(7) 
Amendment to Approved Plans.
(i) 
Planned Development Rezoning Ordinance.
The use, density, dimensional, and base zone district standards contained in an approved PD rezoning ordinance may be amended only as follows, unless specified otherwise in the rezoning ordinance:
(A) 
No use may be established that is not permitted in the PD without amending the rezoning ordinance through the rezoning process. Uses may be transferred between development pods/areas to be developed through an amendment to the ODP provided the overall density for the entire PD is not exceeded;
(B) 
maximum and minimum density for the entire PD shall not be exceeded without amending the rezoning ordinance through the rezoning process. Density/intensity may be transferred between development pods/areas to be developed unless explicitly prohibited by the ODP approval; and
(C) 
The dimensional and base zone district standards may not be amended for the PD or a development pod/area to be developed without amending the PD rezoning ordinance through the rezoning process.
(ii) 
Outline Development Plan.
The approved Outline Development Plan may be amended only by the same process by which it was approved, except for minor amendments. Unless the adopted PD rezoning ordinance provides otherwise, the approved Outline Development Plan may be amended as follows:
(A) 
Minor Amendments.
a. 
Permitted Amendments.
The Director may approve the following amendments for individual lots within the area covered by an outline development plan provided all standards in the adopted PD rezoning ordinance are met:
1. 
Decreases in density so long as the character of the site is maintained;
2. 
Changes in dimensional standards of up to 10% so long as the character of the site is maintained;
3. 
Changes in the location and type of landscaping and/or screening so long as the character and intent of the original design are maintained;
4. 
Changes in the orientation or location of parking areas and vehicular and pedestrian circulation areas so long as the effectiveness and character of the overall site circulation, parking and parking lot screening are maintained;
5. 
The reorientation, but not complete relocation, of major structures so long as the character of the site is maintained; and
6. 
Minor subdivision.
b. 
Minor Amendment Review Process.
Minor amendments shall be reviewed and decided on by the Director based on the review criteria that the amendment shall not represent a significant change in any of the agreed upon deviations from the default standards.
(B) 
Major Amendments.
All other amendments to the ODP shall be reviewed by the Director and Planning Commission using the same process and criteria used for ODP review and approval. Final decision shall be made by City Council.
(8) 
Planned Developments Approved Under Prior Codes.
(i) 
Intent.
The City's intent is to continue to allow the development PDs approved under prior codes, determining that they remain valid under this Code subject to the lapse provisions of GJMC § 21.02.050(j)(7). To give effect to this intent, interpretation may be required to fully describe applicable terms and requirements and to avoid the continuance of shell PDs that cannot be fully implemented or developed.
(ii) 
Interpretation.
PDs approved under prior codes shall be interpreted as follows:
(A) 
Planned Developments that predate this Code shall be narrowly interpreted and are limited to the specified terms of approval.
(B) 
The base zone district of an active Planned Development shall be interpreted and applied according to the code (2010 or earlier) under which it was adopted.
(C) 
If the Planned Development approval is silent as to a term or requirement, the most closely similar provision of this 2023 Code shall be applied. For example, if a Planned Development does not specify a process for amendment, the process for amending Planned Development approvals in GJMC § 21.02.050(j)(5) will be used.
(D) 
Where a base zone district(s) was not specified in the Planned Development approval, the Director shall interpret and apply a zone district(s) from this Code that most closely reflects the PD's dimensional and use standards.
(E) 
Where this Code changes a generally applicable standard, such as updates to ADU or outdoor lighting standards, the updated generally applicable standards are also applicable to approved PDs unless the PD was approved with a specific standard(s) regulating the same topic.
(9) 
Lapse of Plan.
If a single-phase Planned Development is less than 75% completed, as measured in terms of residential unit count or approved total mixed-use or nonresidential structure footprint, or a multiphase Planned Development is less than 75% complete in terms of residential unit count, total structure footprint, or total phases, as specified in the ODP approval, as of the end date of the approved development schedule, a lapse of the ODP as applied to the incomplete lots or parcels shall be deemed to have occurred.
(i) 
If the PD was approved with base zone districts, future development may proceed in compliance with the requirements of the base zone districts and this Code, but any approved PD modifications shall be lapsed.
(A) 
If the PD was approved with a base zone district that is identified as a legacy zone district in Table 21.03-1, the requirements shall be in accordance with those of the updated zone district identified in the Table.
(ii) 
If the PD was not approved with base zone districts, the Director may determine the appropriate base zone districts and future development may proceed in compliance with the requirements of the base zone districts.
(10) 
Development Schedule Extension.
(i) 
An applicant may request an extension of the development schedule as follows:
(A) 
The Director may extend the schedule one time for up to one year.
(B) 
The applicant may request a PD development schedule review from the City Council at any point prior to the end date of the schedule.
(ii) 
The Director may extend the development schedule timeframe for up to three years in the event of any of the following:
(A) 
A national or regional economic recession,
(B) 
A national or regional health emergency, or
(C) 
National or regional events in or outside of the United States that impact the general price or availability of labor or materials by more than 20%.
(iii) 
The maximum allowed cumulative extension period is five years. Any PD that has not been completed within this extension timeframe may be resubmitted as a new application or shall be subject to GJMC § 21.02.050(j)(7), above.
(k) 
Rehearing and Appeal.
(1) 
Purpose.
The purpose of this section is to provide for a rehearing and appeal process for decisions and actions by the Director, Zoning Board of Appeals, Planning Commission, and City Council.
(2) 
Applicability.
(i) 
Administrative Appeal.
An Administrative Appeal shall include:
(A) 
Any person, including any officer or agent of the City, aggrieved, or claimed to be aggrieved by an interpretation of this Code rendered by the Director; or
(B) 
Any person, including any officer or agent of the City, aggrieved, or claimed to be aggrieved by a final action of the Director on an administrative application.
(ii) 
Non-Administrative Appeal.
A Non-Administrative Appeal shall include any person, including any officer or agent of the City, aggrieved by or claimed to be aggrieved by a final decision of the Planning Commission.
(3) 
Review Procedure.
Applications for Rehearing or Appeal shall meet the common review procedures for major development applications in GJMC § 21.02.050(b), with the following modifications:
(i) 
Application Submittal.
(A) 
The application shall be submitted pursuant to GJMC § 21.02.030(d) within 10 calendar days of the action taken or interpretation made by the decision maker.
(B) 
The appellant shall provide a written statement with the application:
a. 
Citing the specific provision of this Code that the appellant believes the Director has incorrectly interpreted and the appellant's interpretation of the provision; or
b. 
Explaining the rational of the appeal based on the criteria provided in GJMC § 21.02.050(k)(3)(iii).
(C) 
The Director shall:
a. 
Prepare a report detailing the specific provision of this Code that is in question, interpretation of the provision, and the general basis of the interpretation; or
b. 
Compile all material made a part of the official record of the decision-maker's action. As may be requested by the appellate body, the Director also may provide a summary report of the record.
(D) 
If the appellant is not the applicant, the Director, within five working days of receipt of the request for appeal, shall notify the applicant of the request and the applicant shall have 10 working days to review the request and provide a written response.
(E) 
For a Non-Administrative Appeal, the appellant shall submit evidence of their attendance at the original hearing or other testimony or correspondence from them that was in the official record at the time of the original hearing.
(ii) 
Public Notice and Hearing Requirements.
(A) 
Administrative Appeal.
a. 
Notice of the hearing shall be provided to the applicant and is not required to be provided to anyone else.
b. 
The appellate body shall hold a hearing pursuant to GJMC § 21.02.030(g).
c. 
At the hearing, the appellate body shall consider only that evidence that was before the Director at the time of the Director's final action.
(B) 
Non-Administrative Appeal.
a. 
Notice of the appeal hearing shall be provided in the same manner as was required with the original action.
b. 
The Director shall schedule the appeal before the appellate body within 45 calendar days of receipt of the appeal. The appellate body shall hold a hearing pursuant to GJMC § 21.02.030(g) and render a decision within 30 calendar days of the close of that hearing.
c. 
At the hearing, the appellate body shall review the record of the decision-maker's action. No new evidence or testimony may be presented, except that City staff may be asked to interpret materials contained in the record.
(iii) 
Decision.
The appellate body shall affirm, reverse, or remand the decision pursuant to GJMC § 21.02.030(h) and the following criteria. In reversing or remanding the decision back to the decision-maker, the appellate body shall state the rationale for its decision. An affirmative vote of four members of the appellate body shall be required to reverse the decision-maker's action.
(A) 
Administrative Appeal.
a. 
Director's Interpretation.
In granting an appeal of a Director's interpretation, the Zoning Board of Appeals shall determine whether the interpretation by the Director was in accordance with the intent and requirements of this Code.
b. 
Director's Decision.
The appellate body shall consider, based on the information in the record before the Director, whether the Director:
1. 
Acted in a manner inconsistent with the provisions of this Code or other applicable local, state, or federal law; or
2. 
Made erroneous findings of fact based on the evidence and testimony on the record; or
3. 
Failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or
4. 
Acted arbitrarily, or capriciously.
(B) 
Non-Administrative Appeal.
a. 
Findings.
In granting a Non-Administrative Appeal the appellate body shall find:
1. 
The decision maker may have acted in a manner inconsistent with the provisions of this Code or other applicable local, state, or federal law; or
2. 
The decision maker may have made erroneous findings of fact based on the evidence and testimony on the record; or
3. 
The decision maker may have failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or
4. 
The decision-maker may have acted arbitrarily, acted capriciously, and/or abused its discretion; or
5. 
In addition to one or more of the above findings, the appellate body shall find the appellant was present at the hearing during which the original decision was made or was otherwise on the official record concerning the development application.
b. 
Facts on Record.
1. 
In considering a request for appeal, the appellate body shall consider only those facts, evidence, testimony, and witnesses that were part of the official record of the decision-maker's action. No new evidence or testimony may be considered, except City staff may be asked to interpret materials contained in the record.
2. 
If the appellate body finds that pertinent facts were not considered or made a part of the record, they shall remand the item back to the decision-maker for a rehearing and direct that such facts be included on the record.
(l) 
Revocable Permit.
Common Procedures for Administrative Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal and Review | §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Director Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of this section is to ensure that any private development on public land is safely conducted in a manner that does not pose potential burdens on the public.
(2) 
Applicability.
This section shall apply to the construction, maintenance, and use of public right of way for any structure, fence, sign, or other permanent object.
(3) 
Review Procedures.
Applications for a Revocable Permit shall meet the common review procedures for administrative applications in GJMC § 21.02.040(b), with the following modifications:
(i) 
Application Submission Requirements.
The application complies with the submittal requirements as set forth in Section 127 of the City Charter, this section, and the Submittal Standards for Improvements and Development (SSID) manual.
(ii) 
Review Criteria.
The application shall be reviewed against the following additional criteria:
(A) 
There will be benefits derived by the community or area by granting the proposed Revocable Permit;
(B) 
There is a community need for the private development use proposed for the City property;
(C) 
The City property is suitable for the proposed uses and no other uses or conflicting uses are anticipated for the property;
(D) 
The proposed use shall not negatively impact access, traffic circulation, neighborhood stability or character, sensitive areas such as floodplains or natural hazard areas; and
(E) 
The proposed use is in conformance with and in furtherance of the implementation of the goals, objectives and policies of the Comprehensive Plan, other adopted plans and the policies, intents and requirements of this Code and other City policies.
(iii) 
Decision.
(A) 
A Revocable Permit for fences, irrigation, drainage infrastructure, or landscaping in a right-of-way shall be reviewed and decided on by the Director.
(B) 
The City Council shall review and decide on all other applications for Revocable Permit.
(4) 
Lapsing and Extension of Approvals.
A Revocable Permit shall remain valid pursuant to GJMC § 21.02.030(j).
(m) 
Rezoning.
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice | § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of this section is to establish the procedure and requirements for requested amendments to the Zoning Map.
(2) 
Authority to Initiate.
Amendments to the Zoning Map may be proposed by property owners, the City, the Planning Commission, or City Council in order to add, modify or expand zone districts.
(3) 
Review Procedures.
Applications for Rezoning shall meet the common review procedures for major development applications in GJMC § 21.02.050(b), with the following modifications:
(i) 
Public Notice and Hearing Requirements.
(A) 
The application for Rezoning shall be scheduled for public hearings before the Planning Commission and City Council and shall be noticed pursuant to GJMC § 21.02.030(g).
(B) 
The Planning Commission or City Council may add additional property to be considered for a Rezoning if such additional property is identified in the notice.
(ii) 
Review Criteria.
An applicant for Rezoning has the burden of producing evidence that proves each of the following criteria:
(A) 
Consistency.
The proposed zoning is generally consistent with applicable provisions of the Comprehensive Plan.
(B) 
Development Patterns.
The proposed zoning will result in logical and orderly development pattern(s).
(C) 
Benefits.
The community or area, as decided by the reviewing body, derives an overall benefit(s) from the proposed zoning.
(4) 
Lapsing and Extension of Approvals.
Approved Rezonings do not expire.
(n) 
Special Dimensional Permit.
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice | § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of this section is to provide an opportunity for additional dimensional flexibility in certain zone districts when more flexibility is required beyond that afforded to the Director through the Administrative Adjustment process.
(2) 
Applicability.
A Special Dimensional Permit may be requested in the following circumstances:
(i) 
For development in those areas designated Neighborhood Center, Village Center, City Center (which includes Downtown) or Mixed-Use Opportunity Corridors on the Future Land Use Map of the Comprehensive Plan or in the C-1 and I-OR zone districts along Horizon Drive north of G Road including Crossroads Boulevard and Horizon Court to allow:
(A) 
Additional height beyond that permitted by a zone district's dimensional standards; or
(B) 
Additional building area beyond that permitted by a district's dimensional standards.
(ii) 
In all zone districts for the following uses, and shall be required prior to an interim use located in any zone district where:
(A) 
The development is proposed as an interim use that is allowed in the district, or as an interim use established with a minimal investment that can be easily redeveloped at the density or intensity envisioned by the Comprehensive Plan; and
(B) 
The applicant demonstrates that the development design and any proposed infrastructure improvements further the future development of the property at the density or intensity envisioned by the Comprehensive Plan.
(iii) 
Any other Special Dimensional Permit found elsewhere in this Code.
(3) 
Review Procedures.
Applications for Special Dimensional Permit shall meet the common review procedures for major development applications in GJMC § 21.02.050(b) with the following modifications:
(i) 
Public Notice and Hearing Requirements.
The application shall be scheduled for public hearings before the Planning Commission and City Council and shall be noticed pursuant to GJMC § 21.02.030(g).
(ii) 
Decision.
(A) 
The Special Dimensional Permit review is accomplished through a City Council discretionary review process.
(B) 
A Special Dimensional Permit may be permitted under circumstances particular to the proposed location and subject to conditions that provide protection to adjacent land uses.
(4) 
Lapsing and Extension of Approvals.
A Special Dimensional Permit does not expire unless otherwise limited by the City Council.
(o) 
Vacation of Plat.
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice | § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Applicability.
This section shall apply to the vacation of any plat that has not been developed, has been partially developed, or has not been developed as approved and does not include rights of ways or easements.
(2) 
Review Procedure.
Applications for Vacation of Plat shall meet the common review procedures for major development applications in GJMC § 21.02.050(b), with the following modifications:
(i) 
Public Notice and Public Hearing Requirements.
The application shall be scheduled for a public hearing before the Planning Commission and shall be noticed pursuant to GJMC § 21.02.030(g).
(ii) 
Review Criteria.
The Director and the Planning Commission shall review the application in light of the following additional criteria:
(A) 
The vacation is in conformance with the Comprehensive Plan, Grand Junction Circulation Plan, and other adopted plans and policies of the City;
(B) 
No parcel shall be landlocked as a result of the vacation;
(C) 
Access to any parcel shall not be restricted to the point that access is unreasonable, economically prohibitive, and/or reduces or devalues any property affected by the proposed vacation;
(D) 
There shall be no adverse impacts on the health, safety, and/or welfare of the general community, and the quality of public facilities and services provided to any parcel of land shall not be reduced (e.g., police/fire protection and utility services); and
(E) 
The provision of adequate public facilities and services to any property as required in GJMC § 21.05.020 shall not be inhibited by the proposed vacation.
(3) 
Lapsing and Extension of Approvals.
A Vacation Plat shall be recorded within two years of approval or it shall be considered expired.
(p) 
Vacation of Public Right-of-Way or Easement.
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice | § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Applicability.
This section shall apply to the vacation of any street, alley, easement, or other public reservation.
(2) 
Review Procedure.
Applications for Vacation of Public Right-of-Way or Easement shall meet the common review procedures for major development applications in GJMC § 21.02.050(b), with the following modifications:
(i) 
Public Notice and Public Hearing Requirements.
The application shall be scheduled for public hearings before the Planning Commission and City Council and shall be noticed pursuant to GJMC § 21.02.030(g), unless the request is for the vacation of an easement created for a temporary purpose, granted to the City by a separate instrument and not dedicated on a plat or map.
(ii) 
Public Vote.
A public vote is not necessary for a vacation of a public right-of-way or easement. The process of vacating a public right-of-way or easement does not involve the sale of public property in accordance with Charter Article VI, Paragraph 48.
(iii) 
Review Criteria and Decision.
(A) 
The Director shall decide on any request for the vacation of an easement created for a temporary purpose, granted to the City by a separate instrument, and not dedicated on a plat or map.
(B) 
The Planning Commission shall recommend to and the City Council shall decide on all other request in light of the following criteria:
a. 
The vacation is in conformance with the Comprehensive Plan, Grand Junction Circulation Plan, and other adopted plans and policies of the City;
b. 
No parcel shall be landlocked as a result of the vacation;
c. 
Access to any parcel shall not be restricted to the point where access is unreasonable, economically prohibitive, or reduces or devalues any property affected by the proposed vacation;
d. 
There shall be no adverse impacts on the health, safety, and/or welfare of the general community, and the quality of public facilities and services provided to any parcel of land shall not be reduced, including, but not limited to, police and fire protection and utility services;
e. 
The provision of adequate public facilities and services to any property as required in GJMC § 21.05.020 shall not be inhibited by the proposed vacation; and
f. 
The proposal shall not hinder public and City functions.
(C) 
Vacation of a right-of-way shall be accomplished by the passing of an ordinance by the City Council. Vacation of an easement shall be accomplished by resolution of the City Council.
(3) 
Post-Decision Actions.
The final ordinance or resolution establishing the vacation shall be recorded pursuant to GJMC § 21.02.040(k)(5)(ii)(F)b.
(4) 
Lapsing and Extension of Approvals.
A resolution or an ordinance for a Vacation of Public Right-of-Way or Easement shall not expire.
(q) 
Variance.
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice | § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of this section is to provide a process for consideration of variances from certain standards of this Code.
(2) 
Applicability.
(i) 
A variance may be requested for a departure from bulk standards, performance or use-specific standards of GJMC Chapter 21.04, all overlay district regulations of GJMC §§ 21.03.090, 21.06.010, and 21.02.060, excluding corridor overlay districts, and the sign regulations of GJMC Chapter 21.10.
(ii) 
Variances are not permitted for:
(A) 
The establishment or expansion of a use in a district in which the use is not permitted by this Code;
(B) 
Residential development that would result in an increase in density greater than that permitted in the applicable zone district; and
(C) 
Changes or modifications to any definition contained in this Code.
(3) 
Review Procedure.
Applications for Variance shall meet the common review procedures for major development applications in GJMC § 21.02.050(b), with the following modifications:
(i) 
Public Notice and Public Hearing Requirements.
The application shall be scheduled for a public hearing before the Zoning Board of Appeals or Planning Commission and shall be noticed pursuant to GJMC § 21.02.030(g).
(ii) 
Decision-Maker.
(A) 
Zoning Board of Appeals shall hear requests for variance from:
a. 
Bulk or dimensional standards in the individual zone districts,
b. 
Performance or use-specific standards of GJMC Chapter 21.04,
c. 
All overlay district regulations of GJMC §§ 21.03.090, 21.06.010, and 21.02.060 excluding corridor overlay districts, and
d. 
Sign regulations of GJMC Chapter 21.10.
(B) 
The Planning Commission shall hear and decide requests for variances to all other standards, unless otherwise specified.
(iii) 
Review Criteria.
The Zoning Board of Appeals or Planning Commission shall review the application in light of the following:
(A) 
There are exceptional conditions creating an undue hardship, applicable only to the property involved or the intended use thereof, which do not apply generally to the other land areas or uses within the same zone district, and such exceptional conditions or undue hardship was not created by the action or inaction of the applicant or owner of the property;
(B) 
The Variance shall not confer on the applicant any special privilege that is denied to other lands or structures in the same zone district;
(C) 
The literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zone district and would cause unnecessary and undue hardship on the applicant;
(D) 
The applicant and the owner of the property cannot derive a reasonable use of the property without the requested Variance;
(E) 
The Variance is the minimum necessary to make possible the reasonable use of land or structures;
(F) 
The granting of a Variance shall not conflict with the purposes and intents expressed or implied in this Code; and
(G) 
The granting of a Variance shall not conflict with the goals, policies, and guiding principles of the Comprehensive Plan.
(r) 
Vested Property Rights.
Common Procedures for Major Development Applications
General Meeting or Pre-Application Meeting § 21.02.030(b)
Application Submittal & Review §§ 21.02.030(d) and 21.02.030(e)
Complete Applications with Changed Status § 21.02.030(f)
Public Notice | § 21.02.030(g)
Planning Commission Recommendation or Decision § 21.02.030(h)
City Council Decision § 21.02.030(h)
Post-Decision Actions § 21.02.030(i)
(1) 
Purpose.
The purpose of this section is to provide the procedures necessary to implement the provisions of § 24-68-101 C.R.S., et seq. and § 29-20-101 C.R.S., et seq.
(2) 
Definitions.
The following definitions are for the purposes of administration of this section only and do not apply to any other sections of this Code.
(i) 
"Site-specific development plan" (SSDP) means, for all developments requiring a public hearing, the final step, irrespective of its title, which occurs prior to building permit application; provided, however, that if the landowner wishes said approval to have the effect of creating vested rights, pursuant to § 24-68-101 C.R.S., et seq., the landowner must so request, in writing, at the time of application for said approval. Failure to so request renders the approval not a "site-specific development plan," and no vested rights shall be deemed to have been created.
(ii) 
"Vested property right" means the right to undertake and complete the development and use of property under the terms and conditions of a site-specific development plan.
(3) 
Limitations.
Nothing in this section is intended to create any vested property right, but only to implement the provisions of § 24-68-101 C.R.S., et seq. and § 29-20-101 C.R.S., et seq. In the event of the repeal of § 24-68-101 C.R.S., et seq. and § 29-20-101 C.R.S., et seq. or a judicial determination that these statutory provisions are invalid or unconstitutional, this section shall be deemed to be repealed, and the provisions hereof no longer effective.
(4) 
Applicability.
An applicant may request, in writing, to have property rights vest with a Site-Specific Development Plan (SSDP). The SSDP shall be applicable only to:
(i) 
Property zoned Planned Development with the approved Final Development Plan constituting the SSDP; or
(ii) 
Any other application (i.e., Outline Development Plan, Site Plan, Conditional Use, Subdivision Plat, Final Development Plan or Development Improvements Agreement); provided, that:
(A) 
The applicant requests in writing that the Planning Commission hold a public hearing and approve a specific document/application as a SSDP; and/or
(B) 
State law requires that a vested property right be granted, in which case the Planning Commission shall determine, at its discretion, which, if any, document/application shall constitute a SSDP.
(5) 
Review Procedure.
Applications for a determination of Vested Rights shall meet the common review procedures for major development applications in GJMC § 21.02.030 with the following modifications:
(i) 
Application Submittal.
(A) 
In addition to any and all other fees and charges imposed by this Code, the applicant shall pay all costs incurred by the City as a result of the SSDP review, including publication of notices, public hearing, and review costs.
(B) 
An application for approval of a SSDP shall be submitted and reviewed concurrently with an application for a Final Development Plan or any other document that the Planning Commission shall determine, at its discretion, constitutes a SSDP.
(C) 
It is the applicant's responsibility to ensure that each final plan, map, plat or site plan, or other document constituting a SSDP contains the following language: "Approval of this plan may create a vested property right pursuant to § 24-68-101 C.R.S., et seq." Omission of this statement shall invalidate the creation of the vested property right.
(ii) 
Public Notice and Hearing Requirements.
The application shall be scheduled for public hearings before the Planning Commission and City Council and shall be noticed pursuant to GJMC § 21.02.030(g).
(iii) 
Decision-Maker.
The Planning Commission shall recommend to and City Council shall decide on an application based on compliance with the following:
(A) 
The provisions stated in § 24-68-101 C.R.S., et seq.; and
(B) 
The final development plan review criteria of GJMC § 21.02.050(j)(4).
(iv) 
Effect of Determination.
(A) 
A SSDP shall be deemed approved upon the last action by the City Council related to the SSDP.
(B) 
Approval of a SSDP shall not constitute an exemption from, or waiver of, any other provisions of this Code pertaining to the development or use of property.
(6) 
Post-Decision Actions.
(i) 
Within 14 calendar days after the approval of the SSDP, the applicant shall:
(A) 
Satisfy the notice requirements of § 24-68-103(1) C.R.S. by publishing at their expense a notice, in a newspaper of general circulation within the City, advising the public of the SSDP approval and creation of vested property rights pursuant to law, together with a legal description of the property at issue in the SSDP; and
(B) 
Acknowledge by written instrument that the applicant confirms their obligation to satisfy all other requirements under the City codes, rules and regulations including, but not limited to, all studies that may be required, including studies concerning traffic, drainage, erosion control, and utilities.
(ii) 
No amendment of a SSDP shall extend or change the effective date of vesting of a property right unless specifically provided by written agreement. In the event amendments to a SSDP are proposed and approved, the effective date of such amendments, for purposes of duration of vested property right, shall be the initial date of the approval of the SSDP.
(iii) 
Any waiver, be it in part or in full, of a vested property right shall be accomplished by written agreement between the owner and the City and shall be recorded in the Mesa County land records.
(7) 
Lapsing and Extension of Approvals.
The duration of any vesting shall be no longer than required by state law unless a different duration is provided by written agreement between the owner and the City. Failure to comply with any condition of approval of a SSDP shall result in forfeiture of vested rights and the SSDP shall be declared void and lapsed.
(8) 
Pending Applications for a Site-Specific Development Plan—Applicable Rules and Regulations.
(i) 
General Rule.
Pursuant to § 24-68-102.5 C.R.S., the review, approval, approval with conditions, or denial of a complete application for a site-specific development plan shall be governed by the duly adopted laws and regulations in effect at the time a complete application for a site-specific development plan is submitted pursuant to this Code.
(ii) 
Exception.
Notwithstanding the limitations contained in Subsection (p)(8)(i) above, the City may apply to the pending complete application for a site-specific development plan any subsequently enacted or amended ordinances, rules, regulations, or policies that are necessary for the immediate preservation of the public health and safety.
(9) 
Waiver.
A landowner may waive a vested property right by separate agreement, which shall be recorded in the county where the property is located.
(10) 
Other Provisions Unaffected.
Approval of a site-specific development plan shall not constitute an exemption from or waiver of any other provisions of this development code pertaining to annexation, development, and use of property.
(Ord. 5263, 6/18/2025; Ord. No. 5242, 12/4/2024; Ord. No. 5229, 8/21/2024; Ord. 5218, 5/1/2024; Ord. 5205, 3/20/2024; Ord. 5190, 12/20/2023)

§ 21.02.060 Historic preservation procedures.

(a) 
Purpose.
This purpose of this section is to enhance the community's local resources and promotes the public health, safety, prosperity and welfare through the protection and preservation of the City's architectural, historic, and cultural heritage, as embodied in designated historic structures, sites and districts, by application of appropriate regulations and incentives. Those regulations and incentives include:
(1) 
The establishment of a City Register listing designated structures, sites, and districts; and
(2) 
The provision of educational opportunities to increase public appreciation of Grand Junction's unique heritage.
(b) 
Board Established.
The City Council hereby creates a Historic Preservation Board, which may be referred to as the Historic Board or Preservation Board. The Historic Board shall have principal responsibility for matters of historic preservation, and shall have such membership, authority, duties, and responsibilities as further provided in GJMC § 21.02.010(e).
(c) 
City Registry Established.
(1) 
The City Council hereby establishes the City Register of historic sites, structures, and districts. Historic sites, structures or districts may be listed on said register only if said site, structure or district has been designated by the City Council following recommendation by the Historic Board.
(2) 
All properties listed on the National or State Register are eligible for the City Register but are not designated until approval, pursuant to this Code, is obtained.
(d) 
Designation of Historic Structures, Sites and Districts.
(1) 
The City Council:
(i) 
May by resolution designate as historic an individual structure, site or other feature or an integrated group of structures or features on a lot or site. Designation shall be for a special historical or architectural value; or
(ii) 
May by resolution designate as an historic district an area containing a number of structures or sites having a special historical or architectural value.
(2) 
Each such designation shall include a description of the characteristics of the structure, site or historic district which justify its designation and a description of the particular features that should be preserved and shall include a legal description of the location and boundaries of the historic structure, site, or district.
(3) 
No individual structure or site shall be designated without the consent of all owners of record. Historic districts may be designated in accordance with state law and the provisions in this section.
(4) 
The purpose and effect of designation is:
(i) 
To assist local interests in preservation of physical structures, sites, or districts and to recognize locally significant structures, sites, or districts;
(ii) 
To provide a mechanism to educate the public on local history, development of the community, architectural styles and housing and business development;
(iii) 
To enable the owners of the property in the City to take advantage of historic preservation programs and opportunities; and
(iv) 
To make all properties listed on the City Registry eligible for such incentive programs as may be developed.
(e) 
Procedure for Designating Historic Structures, Sites and Districts for Preservation.
(1) 
Nomination.
A nomination for designation to the City Register may be made by the Historic Board or by any citizen by filing an application with the Community Development Department. The applicant shall pay all public notice expenses, recording fees and any other fees established by resolution of the City Council.
(2) 
Historic Board Review.
(i) 
The Historic Board shall hold a public meeting on the designation application no more than 30 days after the filing of the application.
(ii) 
The Historic Board shall review the application for conformance with the established criteria for designation and with the purposes of this section.
(iii) 
Within 10 days after the conclusion of the public meeting, but in no event more than 30 days after the meeting, unless mutually agreed to by the Historic Board, the applicant, and the owner or owners other than the applicant, the Historic Board shall recommend either approval, modification and approval or disapproval of the application.
(iv) 
The Historic Board may recommend approval conditional upon the execution of certain easements, covenants, or licenses.
(v) 
The Historic Board shall forward to the City Council written recommendations concerning a designation and further state any recommendations as to easements, covenants or licenses that must be met by the property owner in order to receive and/or maintain the designation.
(3) 
City Council Review.
(i) 
The City Council shall hold a public hearing on the designation application no more than 30 days after receipt of the Board's recommendation.
(ii) 
The City Council shall review the application for conformance with the established criteria for designation and with the purposes of this section.
(4) 
Notification.
When a structure, site or historic district has been designated as provided herein, the Director shall promptly notify the record owners of the property, as shown in the County Assessor's records or other available information, and record the designation in the land records of the Mesa County Clerk and Recorder.
(5) 
Limitation on Resubmission and Reconsideration of Proposed Designation.
If the City Council disapproves a proposed designation, no person shall submit an application that is the same or substantially the same for at least one year from the Effective Date of the denial of the application.
(f) 
Criteria for Designation.
The Historic Board and City Council shall consider the following criteria in reviewing nominations/applications for designation.
(1) 
Structures.
Structures must be at least 50 years old and meet one or more of the architectural, cultural, or geographic/environmental significance criteria. A structure can be exempted from the age requirement if the Council finds it to be exceptionally important in other criteria.
(i) 
Historic structures or sites shall meet one or more of the following in order to be considered for designation.
(A) 
Architectural.
a. 
Exemplifies specific elements of an architectural style or period;
b. 
Is an example of the work of an architect or builder who is recognized for expertise nationally, statewide, regionally, or locally;
c. 
Demonstrates superior craftsmanship or high artistic value;
d. 
Represents an innovation in construction, materials, or design;
e. 
Represents a built environment of a group of people in an era of history;
f. 
Exhibits a pattern or grouping of elements representing at least one of the above criteria; or
g. 
Is a significant historic remodel.
(B) 
Cultural.
a. 
Is a site of an historic event that had an effect upon society;
b. 
Exemplifies the cultural, political, economic, or ethnic heritage of the City; or
c. 
Is associated with a notable person or the work of a notable person.
(C) 
Geographic/Environmental.
a. 
Enhances the sense of identity of the City; or
b. 
Is an established and familiar natural setting or visual feature of the City.
(ii) 
Prehistoric and historic archaeological structures or sites shall meet one or more of the following:
(A) 
Architectural.
a. 
Exhibits distinctive characteristics of a type, period, or manner of construction; or
b. 
Is a unique example of structure.
(B) 
Cultural.
a. 
Has the potential to make an important contribution to the knowledge of the area's history or prehistory;
b. 
Is associated with an important event in the area's development;
c. 
Is associated with a notable person or the work of a notable person;
d. 
Is a typical example or is associated with a particular ethnic or other community group; or
e. 
Is a unique example of an event in local history.
(C) 
Geographic/Environmental.
Is geographically or regionally important.
(iii) 
Each property shall also be evaluated based on physical integrity using the following criteria (a property need not meet all the following criteria):
(A) 
Shows character, interest, or value as part of the development, heritage or cultural characteristics of the community, region, state, or nation;
(B) 
Retains original design features, materials and/or character;
(C) 
Is in the original location or same historic context if it has been moved; or
(D) 
Has been accurately reconstructed or restored.
(2) 
Historic Districts.
(i) 
For the purposes of this section, a historic district is a geographically definable area including a concentration, linkage or continuity of sites, buildings, structures and/or objects. A historic district is related by a pattern of either physical elements or social activities.
(ii) 
Significance is determined by applying criteria to the pattern and unifying elements.
(iii) 
Nominations/applications for historic district designation shall not be approved unless the application contains written approval from owners of at least 60% of the properties within the proposed district boundaries.
(iv) 
Properties that do not contribute to the significance of the historic district may be included within the boundaries so long as the noncontributing elements do not noticeably detract from the district's sense of time, place, and historical development. Noncontributing elements shall be evaluated for their magnitude of impact by considering their size, scale, design, location and/or information potential.
(v) 
Historic district boundaries shall be defined by visual changes, historical documentation of different associations or patterns of development, or evidence of changes in site type or site density as established through testing or survey.
(vi) 
When districts are designated, applicable design guidelines and other appropriate restrictions may be included as part of the designation.
(vii) 
In addition to meeting at least one of the criteria as outlined in Subsection (f)(2)(viii) below, the designated contributing sites and structures within the district must be at least 50 years old. The district could be exempt from the age standard if the resources are found to be exceptionally important in other significant criteria.
(viii) 
Historic districts shall meet one or more of the following:
(A) 
Architectural.
a. 
Exemplifies specific elements of an architectural period or style;
b. 
Is an example of the work of an architect or builder who is recognized for expertise nationally, statewide, regionally, or locally;
c. 
Demonstrates superior craftsmanship or high artistic value;
d. 
Represents an innovation in construction, materials, or design;
e. 
Represents a built environment of a group of people in an era of history;
f. 
Is a pattern or a group of elements representing at least one of the above criteria; or
g. 
Is a significant historic remodel.
(B) 
Cultural.
a. 
Is the site of an historic event that had an effect upon society;
b. 
Exemplifies cultural, political, economic, or social heritage of the community; or
c. 
Is associated with a notable person or the work of a notable person.
(C) 
Geographic/Environmental.
a. 
Enhances the sense of identity of the community; or
b. 
Is an established and familiar natural setting or visual feature of the community.
(D) 
Archaeology/Subsurface.
a. 
Has the potential to make an important contribution to the area's history or prehistory;
b. 
Is associated with an important event in the area's development;
c. 
Is associated with a notable person or the work of a notable person;
d. 
Has distinctive characteristics of a type, period, or manner of construction;
e. 
Is of geographical importance;
f. 
Is a typical example/association with a particular ethnic group;
g. 
Is a typical example/association with a local cultural or economic activity; or
h. 
Is a unique example of an event or structure.
(g) 
Review of Alterations.
(1) 
City Registry.
The owner of any historic structure or site on the City Registry designated pursuant to Subsection (e) of this section is requested to consult with the Historic Board before making any alteration. The Historic Board shall determine if the alteration is compatible with the designation. In reviewing a proposed alteration, the Historic Board shall consider design, finish, material, scale, mass, and height. When the subject site is in an historic district, the Historic Board must also find that the proposed development is visually compatible with development on adjacent properties, as well as any guidelines adopted as part of the given historic district designation. For the purposes of this section, the term "compatible" shall mean consistent with, harmonious with and/or enhances the mixture of complementary architectural styles either of the architecture of an individual structure or the character of the surrounding structures. The Historic Board shall use the following criteria to determine compatibility of a proposed alteration:
(i) 
The effect upon the general historical and architectural character of the structure and property;
(ii) 
The architectural style, arrangement, texture, and material used on the existing and proposed structures and their relation and compatibility with other structures;
(iii) 
The size of the structure, its setbacks, its site, location, and the appropriateness thereof, when compared to existing structure and the site;
(iv) 
The compatibility of accessory structures and fences with the main structure on the site, and with other structures;
(v) 
The effects of the proposed work in creating, changing, destroying, or otherwise impacting the exterior architectural features of the structure upon which such work is done;
(vi) 
The condition of existing improvements and whether they are a hazard to public health and safety; or
(vii) 
The effects of the proposed work upon the protection, enhancement, perpetuation, and use of the property.
(2) 
North Seventh Street Historic Residential District.
The owner of any property within the North Seventh Street Historic Residential District shall comply with the North Seventh Street Historic Residential District Guidelines and Standards.
(i) 
Before making any construction or alteration to a site or structure, such owner shall make application to the City for a Certificate of Appropriateness. The Director shall review such application for compliance with the Guidelines and Standards and make an initial determination and recommendation to the Board. The Director may include in that recommendation any conditions deemed appropriate to comply with the Guidelines and Standards and with the Zoning and Development Code.
(ii) 
The Board shall have jurisdiction to review City staff recommendations and to decide applications for Certificates of Appropriateness at a public hearing. The Board may include any conditions of approval deemed appropriate for compliance with the Guidelines and Standards. No owner shall construct or alter a structure or site in the District without first obtaining a Certificate of Appropriateness from the Board.
(iii) 
A decision of the Board may be appealed to City Council within 30 days of the issuance of the decision. Appeals to City Council shall be de novo.
(iv) 
All reviews pursuant to this Subsection (g)(2) shall determine if the new construction or alteration is compatible with the historic designation as provided in the North Seventh Street Historic Residential District Guidelines and Standards. In reviewing an application, consideration shall be given to design, siting, form, texture, setbacks, orientation, alignment, finish, material, scale, mass, height, and overall visual compatibility, according to and with reference to the applicable Guidelines and Standards of the North Seventh Street Historic Residential District. For purposes of this section, the term "compatible" shall mean consistent with, harmonious with and/or enhancing the mixture of complementary architectural styles either of the architecture of an individual structure or the character of the surrounding structures.
(h) 
Revocation of Designation.
(1) 
If a building or special feature on a designated site has been altered in such a way so as to negate the features necessary to retain designation, the owner may apply to the Historic Board for a revocation of the designation or the Historic Board shall recommend revocation of the designation to the City Council in the absence of the owner's application to do so.
(2) 
If a designated structure is moved or demolished, the designation shall, without notice and without Historic Board recommendation, automatically terminate. If moved, a new application for designation at the new location must be made in order for designation to be considered.
(3) 
Upon the City Council's decision to revoke a designation, the Director shall cause a revocation notice to be sent to the property owner.
(Ord. 5190, 12/20/2023)

§ 21.02.070 Development fees.

(a) 
Development Impact Fees.
(1) 
Title.
This section shall be known and may be cited as the "Grand Junction, Colorado, Impact Fee Ordinance" or "Impact Fee Ordinance."
(2) 
Authority.
The City has the authority to adopt this section pursuant to Article XX, § 6 of the Colorado State Constitution, the City's home rule charter, the City's general police powers, and other laws of the State of Colorado.
(3) 
Application.
This section shall apply to all development within the territorial limits of the City, except development exempted pursuant to GJMC § 21.02.070(a)(5)(ii).
(4) 
Purpose.
(i) 
The intent of this section is to ensure that new development pays a proportionate share of the cost of City parks and recreation, fire, police, and transportation capital facilities.
(ii) 
It is the intent of this section that the impact fees imposed on new development are no greater than necessary to defray the impacts directly related to proposed new development.
(iii) 
Nothing in this section shall restrict the City from requiring an applicant for a development approval to construct reasonable capital facility improvements designed and intended to serve the needs of an applicant's project, whether or not such capital facility improvements are of a type for which credits are available under GJMC § 21.02.070(a)(6), Credits.
(5) 
Development Impact Fees to Be Imposed.
(i) 
Fee Obligation, Payment, and Deposit.
(A) 
Obligation to Pay and Time of Payment.
Any person who causes the commencement of impact-generating development, except those exempted pursuant to GJMC § 21.02.070(a)(5)(ii) shall be obligated to pay impact fees pursuant to the terms of this section. The obligation to pay the impact fees shall run with the land. The amount of the impact fees shall be determined in accordance with GJMC § 21.02.070(a)(5)(iii) and the fee schedule in effect at the time of issuance of a Planning Clearance and paid to the Director at the time of issuance of a Planning Clearance. If any credits are due pursuant to GJMC § 21.02.070(a)(6) those shall be determined prior to the issuance of a Planning Clearance and payment of the impact fees.
(B) 
Fees Promptly Deposited into City Accounting Funds.
All monies paid by a fee payer pursuant to this section shall be identified as impact fees and shall be promptly deposited in the appropriate City impact fee accounting funds established and described in GJMC § 21.02.070(a)(7).
(C) 
Extension of Previously Issued Development Approval.
If the fee payer is applying for an extension of a development approval issued prior to January 1, 2026, the impact fees required to be paid shall be the net increase between the impact fees applicable at the time of the current permit extension application and any impact fees previously paid pursuant to this section, and shall include any impact fees established subsequent to such prior payment.
(D) 
Fee Based on Approved Development.
If the Planning Clearance is for less floor area than the entire development approved pursuant to the development approval, the fee shall be computed separately for the floor area of development covered by the Planning Clearance, and with reference to the use categories applicable to such development covered by the Planning Clearance.
(E) 
Permit for Change in Use, Expansion, Redevelopment, Modification.
If the fee payer is applying for a Planning Clearance to allow for a change of use or for the expansion, redevelopment, or modification of an existing development, the impact fees required to be paid shall be based on the net increase in the impact fees for the new use as compared to the previous use and actual fee paid for the previous use, and shall include any impact fees established subsequent to such prior payment.
(F) 
Prior Conditions and/or Agreements.
Any person who prior to January 1, 2026, has agreed in writing with the City, as a condition of permit approval, to pay an impact fee shall be responsible for the payment of the impact fees under the terms of such agreement, and the payment of the impact fees may be offset against any impact fees due pursuant to the terms of this section.
(G) 
Time of Submittal.
For nonresidential and multi-unit development [excluding townhomes, duplexes, and condominium residence(s)] the fee shall be calculated as of the submission of a complete application and construction commences within two years of approval. Should construction fail to commence within two years, the applicant shall pay those fees in place at the time of issuance of a Planning Clearance.
(ii) 
Exemptions.
The following types of development shall be exempt from payment of impact fees. Any claim for exemption shall be made no later than the time when the applicant applies for the first Planning Clearance. Any claim for exemption not made at or before that time shall be waived. The Director shall determine the validity of any claim for exemption pursuant to the standards set forth below.
(A) 
Replacing Existing Residential Unit with New Unit.
Reconstruction, alteration, or replacement of a previously existing residential unit that does not create any additional residential units.
(B) 
New Impact-Generating Development Creates No Greater Demand than Previous Development.
New impact-generating development that the fee payer can demonstrate will create no greater demand over and above that produced by the existing use or development.
(C) 
Building After Fire or Other Catastrophe.
Rebuilding the same amount of floor space of a structure that was destroyed by fire or other catastrophe.
(D) 
Accessory Structures.
Construction of unoccupied accessory structures related to a residential unit.
(E) 
Previous Payment of Same Amount of Impact Fees.
Impact-generating development for which an impact fee was previously paid in an amount that equals or exceeds the impact fee that would be required by this section.
(F) 
Government.
Development by the federal government, the state, school district, county or the City.
(G) 
Complete Development Application Approved Prior to Effective Date of Chapter.
For development for which a complete application for a Planning Clearance was approved prior to January 1, 2026; and for nonresidential and multi-unit development for which a complete application was submitted prior to January 1, 2026, so long as construction commences by January 1, 2028, the required fees shall be those in effect at time of submittal.
(H) 
Small Additions and Renovations for Residential Uses.
Construction of an addition to an existing dwelling unit of 500 square feet or less, or expansion of finished space for an existing dwelling unit of 500 square feet or less. This exemption shall only be used one time for each dwelling unit and does not apply to accessory dwelling units.
(iii) 
Calculation of Amount of Impact Fees.
(A) 
Impact Fee Schedule.
Except for those electing to pay impact fees pursuant to GJMC § 21.02.070(a)(5)(iii)(B), the impact fees applicable to the impact-generating development shall be as determined by the impact fee schedule, which is hereby adopted and incorporated herein. The impact fee schedules are based on the impact fee studies. It applies to classes of land uses within the City, differentiates between types of land uses, and is intended to defray the projected impacts caused by proposed new development on city capital facilities. The determination of the land use category(ies) in the impact fee schedules that are applicable to impact-generating development shall be made by the Director with reference to the impact fee studies and the methodologies therein; the then-current edition of the ITE Trip Generation Manual, published by the Institute of Traffic Engineers; the City zoning and development code; the then-current land use approvals for the development; and any additional criteria set forth in duly promulgated administrative rules.
a. 
Annual Adjustment of Impact Fees to Reflect Effects of Inflation.
Impact fees shall be adjusted starting January 1, 2026 and on July 1 and January 1 thereafter until July 1, 2029, starting with the amount and step(s) shown in Table 21-02-8 Impact Fee Schedule. Commencing on January 1st of each subsequent year, each impact fee amount set forth in the Impact Fee Schedule shall be adjusted for inflation, utilizing the following formula and as follows:
Current Fee + (Total Fee X Inflation) + Step Increase = New Fee
(Total Fee and Step Increase as shown in Table 21.02-8)
b. 
Impact-Generating Development Not Listed in the Impact Fee Schedule.
If the proposed impact-generating development is of a type not listed in the impact fee schedule, then the impact fees applicable are those of the most nearly comparable type of land use. The determination of the most nearly comparable type of land use shall be made by the Director with reference to the impact fee study and City code.
c. 
Mix of Uses.
If the proposed impact-generating development includes a mix of those uses listed in the impact fee schedule, then the impact fees shall be determined by adding the impact fees that would be payable for each use as if it was a freestanding use pursuant to the impact fee schedule.
(B) 
Independent Fee Calculation Study.
In lieu of calculating the amount(s) of impact fees by reference to the impact fee schedule, a fee payer may request that the amount of the required impact fee be determined by reference to an independent fee calculation study.
a. 
Preparation of Independent Fee Calculation Study.
If a fee payer requests the use of an independent fee calculation study, the fee payer shall be responsible for retaining a qualified professional (as determined by the Director) to prepare the independent fee calculation study that complies with the requirements of this section, at the fee payer's expense.
b. 
General Parameters for Independent Fee Calculation Study.
Each independent fee calculation study shall be based on the same level of service standards and unit costs for the capital facilities used in the impact fee study and shall document the relevant methodologies and assumptions used.
c. 
Procedure.
1. 
An independent fee calculation study shall be initiated by submitting an application to the Director together with an application fee to defray the costs associated with the review of the independent fee calculation study.
2. 
The Director shall determine if the application is complete. If it is determined the application is not complete, a written statement outlining the deficiencies shall be sent by mail to the person submitting the application. The Director shall take no further action on the application until it is complete.
3. 
When it is determined the application is complete, the application shall be reviewed by the Director and a written decision rendered on whether the impact fees should be modified, and, if so, what the amount should be, based on the standards in GJMC § 21.02.070(a)(6)(i).
d. 
Standards.
If, on the basis of generally recognized principles of impact analysis, the Director determines the data, demand information and assumptions used by the applicant to calculate the impact fees in the independent fee calculation study more accurately measure the proposed impact-generating development's impact on the appropriate capital facilities, the impact fees determined in the independent fee calculation study shall be deemed the impact fees due and owing for the proposed development. The fee adjustment shall be set forth in a fee agreement. If the independent fee calculation study fails to satisfy these requirements, the impact fees applied shall be the impact fees established in the impact fee schedule.
(6) 
Credits.
(i) 
Standards.
(A) 
General.
Any person causing the commencement of impact-generating development may apply for credit against impact fees otherwise due, up to but not exceeding the full obligation of impact fees proposed to be paid pursuant to the provisions of this section, for any contributions or construction (as determined appropriate by the Director) accepted in writing by the City for capital facilities. Credits against impact fees shall be provided only for that impact fee for which the fee is collected.
(B) 
Valuation of Credits.
a. 
Construction.
Credit for construction of capital facilities shall be valued by the City based on complete engineering drawings, specifications, and construction costs estimates submitted by the fee payer to the City. The Director shall determine the amount of credit due, if any, based on the information submitted, or, if he/she determines the information is inaccurate or unreliable, then on alternative engineering or construction costs determined by and acceptable to the Director.
b. 
Contributions.
Contributions for capital facilities shall be based on the value of the contribution or payment at the time it is made to the City.
(C) 
When Credits Become Effective.
a. 
Construction.
Credits for construction of capital facilities shall become effective after the credit is approved pursuant to this section, a written credit agreement is entered into and a) all required construction has been completed and has been accepted by the City, b) suitable maintenance and financial warranty has been received and approved by the City, and c) all design, construction, inspection, testing, financial warranty, and acceptance procedures have been completed in compliance with all applicable City requirements. Approved credits for the construction of capital facilities may become effective at an earlier date if the fee payer posts security in the form of an irrevocable letter of credit, escrow agreement, or cash and the amount and terms of such security are acceptable by the City Manager. At a minimum, such security must be in the amount of the approved construction credit plus 20%, or an amount determined to be adequate to allow the City to construct the capital facilities for which the credit was given, whichever is higher.
b. 
Contribution.
Credits for contributions for capital facilities shall become effective after the credit is approved in writing pursuant to this section, a credit agreement is entered into and the contribution is made to the City in a form acceptable to the City.
c. 
Transferability of Credits.
Credits for contributions, construction or dedication of land shall be transferable within the same development and for the same capital facility for which the credit is provided but shall not be transferable outside the development. Credit may be transferred pursuant to these terms and conditions by a written instrument, to which the City is a signatory, that clearly identifies which credits issued under this section are to be transferred. The instrument shall be signed by both the transferor and transferee, and the document shall be delivered to the Director for registration of the change in ownership. If there are outstanding obligations under a credit agreement, the City may require that the transferor or transferee or both (as appropriate) enter into an amendment to the credit agreement to assure the performance of such obligations.
d. 
Total Amount of Credit.
The total amount of the credit shall not exceed the amount of the impact fees due for the specific facility fee (e.g., fire, police, parks).
e. 
Capital Contribution Front-Ending Agreement.
The City may enter into a capital contribution front-ending agreement with any developer who proposes to construct capital facilities to the extent the fair market value of the construction of these capital facilities exceeds the obligation to pay impact fees for which a credit is provided pursuant to this section. The capital contribution front-ending agreement shall provide proportionate and fair share reimbursement linked to the impact-generating development's use of the capital facilities constructed.
(ii) 
Procedure.
(A) 
Submission of Application.
In order to obtain a credit against impact fees, the fee payer shall submit an offer for contribution or construction. The offer shall be submitted to the Director and must specifically request a credit against impact fees.
(B) 
Contribution Offer Contents.
The offer for contribution credit shall include the following:
a. 
Construction.
If the proposed credit involves construction of capital facilities:
1. 
The proposed plan for the specific construction certified by a duly qualified and licensed Colorado engineer;
2. 
The projected costs for the suggested improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated costs may include the costs of construction or reconstruction, the costs of all labor and materials, the costs of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for one year after completion of construction, costs of plans and specifications, surveys of estimates of costs and of revenues, costs of professional services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction;
3. 
A statement made under oath of the facts that qualify the fee payer to receive a contribution credit.
b. 
Contribution.
If the proposed offer involves a credit for any contribution for capital facilities, the following documentation shall be provided:
1. 
A copy of the Planning Clearance for which the contribution was established;
2. 
If payment has been made, proof of payment; or
3. 
If payment has not been made, the proposed method of payment.
(C) 
Determination of Completeness.
The Director shall determine if the application is complete. If it is determined that the proposed application is not complete, the Director shall send a written statement to the applicant outlining the deficiencies. No further action shall be taken on the application until all deficiencies have been corrected.
(D) 
Decision.
The Director shall determine if the offer for credit is complete and if the offer complies with the standards in GJMC § 21.02.070(a)(6)(i).
(iii) 
Credit Agreement.
If the offer for credit is approved by the Director, a credit agreement shall be prepared and signed by the applicant and the City Manager. The credit agreement shall provide the details of the construction or contribution of capital facilities, the time by which it shall be dedicated, completed, or paid, and the value (in dollars) of the credit against the impact fees the fee payer shall receive for the construction or contribution.
(iv) 
Accounting of Credits.
Each time a request to use approved credits is presented to the City, the Director shall reduce the amount of the impact fees, and shall note in the City's records and the credit agreement the amount of credit remaining, if any.
(7) 
Impact Fee Accounts.
(i) 
Establishment of Impact Fee Accounts.
(A) 
Establishment of Impact Fee Accounts.
For the purpose of ensuring impact fees collected pursuant to this section are designated for the mitigation of capital facility impacts reasonably attributable to new impact-generating development that paid the impact fees.
(B) 
Establishment of Impact Fee Accounts.
Impact fees shall be deposited into four accounts (collectively, Impact Fee Accounts): transportation, parks and recreation, fire capital facilities, and police capital facilities.
(ii) 
Deposit and Management of Impact Fee Accounts.
(A) 
Managed in Conformance with § 29-1-801 C.R.S. et seq.
The Impact Fee Accounts shall bear interest and shall be managed in conformance with § 29-1-801 C.R.S. et seq. No impact fees(s) or other similar development land development charge(s) shall be imposed or collected except pursuant to a schedule(s) that is(are) a) adopted by ordinance by the City Council, pursuant to a legally sufficient study(ies); b) generally applicable to a broad class of property; and c) serves to defray the projected impacts on capital facilities caused by development. The City shall from time to time quantify the reasonable impacts of proposed development on existing capital facilities and establish the impact fee(s) or land development charge(s) at a level no greater than necessary to defray such impacts directly related to proposed development. No impact fee or other similar land development charge shall be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed development.
(B) 
Immediate Deposit of Impact Fees in City Accounting Funds.
All Parks and Recreation, Fire, Police, and Transportation impact fees collected by the City pursuant to this section shall be promptly deposited into the appropriate interest bearing accounting fund(s) ("Impact Fee Accounts") of the City designated, as allowed by § 29-1-803 C.R.S., by category, account or fund as determined by the City Manager or their designee. Any interest or other income earned on money deposited shall be credited to the Impact Fees Account(s) and no other City accounting fund(s).
(C) 
Interest Earned on Impact Fee Account Monies.
Any impact fees not immediately expended shall be deposited as provided in this section. Interest earned on money in the Impact Fee Accounts shall be considered part of such account(s) and shall be subject to the same restrictions on use applicable to the impact fees deposited in such account.
(D) 
Income Derived Retained in Accounts Until Spent.
All income derived from the deposits shall be retained in the accounts until spent pursuant to the requirements of this section.
(E) 
Expenditure of Impact Fees.
Monies in each account shall be considered to be spent in the order collected, on a first-in/first-out basis.
(iii) 
Annual Report.
At least once annually the City will publish on its official website a report for the most recent fiscal year stating the amount of each Impact fee and/or land development charge collected to the Impact Fee Accounts, the average annual interest rate on each account and the total amount disbursed from each account.
(8) 
Expenditure of Impact Fees.
(i) 
Capital Facilities Impact Fees.
The monies collected from each capital facilities impact fee shall be used only to acquire or construct capital facilities within the City. Each and all capital facilities impact fees may, as determined by the City Council, be expended anywhere within the City notwithstanding the location of the project for which the impacts were paid.
(ii) 
No Monies Spent for Routine Maintenance, Rehabilitation or Replacement of Capital Facilities.
No monies shall be spent for periodic or routine maintenance, rehabilitation, or replacement of any City transportation, parks and recreation, fire, or police capital facilities.
(iii) 
No Monies Spent to Remedy Deficiencies Existing on Effective Date of Chapter.
No monies shall be spent to remedy existing deficiencies in transportation capital facilities, parks and recreation capital facilities, fire capital facilities, or police capital facilities.
(iv) 
Transportation Impact Fees.
Transportation impact fee monies may be spent for the reconstruction and replacement of existing roads, the construction of new road systems and may be used to pay debt service on any portion of any current or future general obligation bond or revenue bond issued after July 6, 2004, and used to finance major road system improvements. All Transportation Impact Fees may, as determined by the City Council, be expended anywhere within the City notwithstanding the location of the project for which the impacts were paid.
(9) 
Refund of Impact Fees Paid.
(i) 
Refund of Impact Fees Not Spent or Encumbered in 10 Years.
A fee payer or the fee payer's successor-in-interest may request a refund of any impact fees not spent or encumbered within 10 years from the date the fee was paid, along with interest actually earned on the fees. Impact fees shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent.
(ii) 
Procedure for Refund.
The refund shall be administered by the Director, and shall be undertaken through the following process:
(A) 
Submission of Refund Application.
A fee payer or successor-in-interest shall submit within one year following the end of the tenth year from the date on which the Planning Clearance was issued for which a refund is requested. The refund application shall include the following information:
a. 
A copy of the dated receipt issued for payment of the impact fee;
b. 
A copy of the planning clearance.
(B) 
Determination of Completeness.
The Director shall determine if the refund application is complete. If the application is not complete, the Director shall mail the applicant a written statement outlining the deficiencies. The Director shall take no further action on the refund application until it is complete.
(C) 
Decision on Refund Application.
When the refund application is complete, it shall be reviewed and approved if the Director determines a fee has been paid which has not been spent within the ten-year period. The refund shall include the fee paid plus interest actually earned on the impact fee.
(iii) 
Limitations.
(A) 
Expiration of Planning Clearance Without Possibility of Extension.
If a fee payer has paid an impact fee required by this section and obtained a Planning Clearance, and the Planning Clearance for which the impact fee was paid later expires without the possibility of further extension, then the fee payer or the fee payer's successor-in-interest may be entitled to a refund of the impact fee paid, without interest. In order to be eligible to receive a refund of impact fees pursuant to this subsection, the fee payer or the fee payer's successor-in-interest shall be required to submit an application for such refund to the Director within 30 days after the expiration of the Planning Clearance for which the fee was paid. If a successor-in-interest claims a refund of the impact fee, the City may require written documentation that such rights have been conveyed to the claimant. If there is uncertainty as to the person to whom the refund is to be paid or if there are conflicting demands for such refund, the City Attorney may interplead such funds.
(iv) 
No Refund if Project Demolished, Destroyed, Altered, Reconstructed or Reconfigured.
After an impact fee has been paid pursuant to this section, no refund of any part of such fee shall be made if the development for which the impact fee was paid is later demolished, destroyed, or is altered, reconstructed, reconfigured, or changed in use so as to reduce the size or intensity of the development or the number of units in the development.
(10) 
Low-Moderate Income Housing.
In order to promote the provision of low-moderate income housing in the City, the City Council may agree in writing to pay some or all of the impact fees imposed on a proposed low or moderate income housing development by this section from other unrestricted funds of the City. Payment of impact fees on behalf of a fee payer shall be at the discretion of the City Council and may be made pursuant to goals and objectives adopted by the City Council to promote housing affordability.
(11) 
Administration, Appeals and Updates of Determination or Decision of Director to City Manager.
(i) 
Review.
The impact fees described in this section and the administrative procedures of this section shall be reviewed by the City Council at least once every six years to ensure that: i) the demand and cost assumptions underlying the impact fees are still valid, ii) the resulting impact fees do not exceed the actual costs of constructing capital facilities that are of the type for which the impact fees are paid and that are required to serve new impact-generating development, iii) the monies collected or to be collected in each impact account have been and are expected to be spent for capital facilities for which the impact fees were paid, and iv) the capital facilities for which the impact fees are to be used will benefit the new development paying the impact fees. At the direction of the City Manager, a new impact fee study shall be conducted by an independent consultant no less than every eight years.
(ii) 
Appeal.
(A) 
Director Determination or Decision.
Any determination or decision made by the Director under this section may be appealed to the City Manager by filing with the City Manager within 30 days of the determination or decision for which the appeal is being filed: A) a written notice of appeal on a form provided by the City Manager, B) a written explanation of why the appellant feels the determination or decision is in error, and C) an appeal fee established by the City.
(B) 
City Manager Review.
The City Manager shall fix a time and place for hearing the appeal, and shall mail notice of the hearing to the appellant at the address given in the notice of appeal. The hearing shall be conducted at the time and place stated in the notice given by the City Manager. At the hearing, the City Manager shall consider the appeal and either affirm or modify the decision or determination of the Director based on the relevant standards and requirements of this section. The decision of the City Manager shall be final.
(C) 
Administrative Rules.
The City Manager and Director, and their respective designees, may from time to time establish written administrative rules, not inconsistent with the provisions of this section, to facilitate the implementation of this section as provided in GJMC § 21.02.010. Without limiting the foregoing, the Director is authorized to establish written administrative rules, not inconsistent with the provisions of this section, for use in the determination of the land use category(ies) in the impact fee schedule that is applicable to impact-generating development. All administrative rules adopted pursuant hereto shall be published in written form and copies thereof maintained in the offices of the Director and City Clerk. Administrative rules adopted pursuant hereto and a copy of such rules shall be made available without charge to fee payers and other persons requesting a copy thereof.
(12) 
Impact Fee Schedule - Fire, Police, Parks and Recreation, and Transportation.
Table 21.02-8 Impact Fee Schedule Fire, Police, Parks and Recreation and Transportation
Unit Size
Development Unit
Fire
Police
Transportation
Parks
1-Jan-26
Step Increase
Total Fee
1-Jan-26
Step Increase
Total Fee
1-Jan-26
Step Increase
Total Fee
1-Jan-26
Step Increase
Total Fee
850 or less
Dwelling
$501
$501
$179
$179
$2,853
$2,853
$1,078
$90
$1,530
851 to 1,000
Dwelling
$561
$17
$648
$232
$232
$3,539
$23
$3,655
$1,153
$165
$1,978
1,001 to 1,250
Dwelling
$590
$46
$822
$243
$10
$294
$3,698
$182
$4,610
$1,241
$253
$2,508
1,251 to 1,500
Dwelling
$359
$32
$1,016
$357
$1
$364
$5,428
$46
$5,658
$1,742
$274
$3,110
1,501 to 2,000
Dwelling
$902
$75
$1,276
$373
$17
$457
$5,662
$280
$7,064
$1,873
$405
$3,695
2,001 to 2,500
Dwelling
$948
$121
$1,550
$389
$33
$555
$6,541
$399
$8,534
$2,012
$544
$4,731
2,501 to 3,000
Dwelling
$933
$156
$1,764
$402
$46
$632
$3,321
$277
$9,704
$2,121
$653
$5,384
3,001 to 3,500
Dwelling
$1,013
$186
$1,944
$413
$57
$696
$8,482
$438
$10,674
$2,213
$745
$5,935
3501 or greater
Dwelling
$1,039
$212
$2,093
$422
$66
$751
$8,623
$579
$11,517
$2,291
$823
$6,404
Retail/Commercial
1,000 SF
$715
$146
$1,445
$284
$44
$506
$8,266
$10
$8,313
Convenience Commercial
1,000 SF
$806
$237
$1,989
$316
$76
$697
$11,443
$11,443
Office
1,000 SF
$292
$70
$641
$117
$22
$225
$4,985
$4,985
Institutional/Public
1,000 SF
$235
$13
$297
$97
$2
$104
$1,742
$113
$2,307
Industrial
1,000 SF
$98
$21
$200
$39
$6
$70
$1,548
$1,548
Warehousing
1,000 SF
$50
$10
$102
$20
$3
$36
$787
$787
Hotel/Lodging
Room
$473
$473
$166
$166
$3,676
$3,676
RV Park
Pad
$160
$160
$56
$56
$1,241
$1,241
(b) 
School Land Dedication Fee.
(1) 
Standard for School Land Dedication.
Dedication of suitable school lands for school purposes shall be required of any development if the school district determines that such development includes within it land which is necessary for implementing a school plan. In all other cases, the fee required under GJMC § 21.02.070(b)(1)(ii) shall be paid in lieu of a school land dedication.
(i) 
Standard for Fee in Lieu of School Land Dedication.
Except in cases where a school land dedication is required in accordance with this section, or an exemption under this section applies, all development and all projects which contain a new dwelling shall be subject to fees in lieu of school land dedication (SLD fee) in an amount per dwelling unit determined by resolution of the City Council. SLD fees shall be collected by the City for the exclusive use and benefit of the school district in which such development is located and shall be expended by the school district solely to acquire real property or interests in real property reasonably needed for development or expansion of school sites and facilities, or to reimburse the school district for sums expended to acquire such property or interests. Revenues from such fees shall be used only for such purposes.
(ii) 
Payment, Prepayment, Exemption, Credit, and Refund of SLD Fee.
(A) 
No building permit shall be issued for a building which contains one or more dwelling units until and unless the SLD fee for such dwelling unit in effect at the time such permit is applied for has been paid as required by this section.
(B) 
Nothing in GJMC § 21.02.070(b)(1)(i) shall preclude a holder of a development permit for a residential development or mixed-use development containing a residential development component from prepaying the SLD fees to become due under this section. Such prepayment shall be made upon the filing of a Final Plat for residential development, at the SLD fee rate then in effect and in the amount which would have been due had a building permit application for such dwelling been pending at the time of prepayment. A subsequent building permit for a dwelling for which the SLD fees have been prepaid shall be issued without payment of any additional SLD fees. However, if such permit would allow additional dwelling units for which SLD fees have not been prepaid, such permit shall not be issued until the SLD fees for such additional dwelling units have been paid at the rate per dwelling unit in effect at the time the building permit application was made.
(C) 
Any prepayment of SLD fees in accordance with this section shall be documented by a memorandum of prepayment which shall contain, at minimum, the following:
a. 
The legal description of the real property subject to residential development for which an SLD fee is being prepaid;
b. 
A description of the development permit issued concerning such real property, and a detailed statement of the SLD fees owed pursuant to such permit which are being prepaid;
c. 
The notarized signatures of the record owner of the property or their duly authorized agents; and
d. 
The notarized signature of the County Manager indicating approval of the prepayment plan, if the fee was paid while the real property was outside the limits of the City; or if the fee was paid at the time the real property was within the limits of the City, of the City Manager, indicating approval of the prepayment plan.
(iii) 
Exemptions.
The following shall be exempted from payment of the SLD fee:
(A) 
Alterations or expansion of an existing building except where the use is changed from nonresidential to residential and except where additional dwelling units result;
(B) 
The construction of accessory buildings or structures;
(C) 
The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use;
(D) 
The installation of a replacement mobile home on a lot or other parcel when a fee in lieu of land dedication for such mobile home has previously been paid pursuant to this section or where a residential mobile home legally existed on such site on or before the Effective Date of the ordinance codified in this section;
(E) 
Nonresidential buildings, nonresidential structures, or nonresidential mobile homes;
(F) 
Nursing homes, adult foster care facilities or specialized group facilities; and
(G) 
City- or County-approved planned residential developments that are subject to recorded covenants restricting the age of the residents of said dwelling units such that the dwelling units may be classified as housing for older persons pursuant to the Federal Fair Housing Amendments Act of 1988.
(iv) 
Credits.
(A) 
An applicant for a development permit (or a holder of such a permit) who owns other suitable school lands within the school district in which the development is located may offer to convey such lands to the school district in exchange for credit against all or a portion of the SLD fees otherwise due or to become due. The offer must be in writing, specifically request credit against fees in lieu of school land dedication, and set forth the amount of credit requested. If the City and the school district accept such offer, the credit shall be in the amount of the value of the suitable school lands conveyed, as determined by written agreement between the City, the school district and the permit holder or applicant.
(B) 
Credit against SLD fees otherwise due or to become due will not be provided until good and sufficient title to the property offered under this subsection is conveyed to and accepted by the school district. Upon such conveyance, the school district and the City shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and a description of the project or development to which the credit shall be applied.
(C) 
Credits shall not be transferable from one project or development to another.
(v) 
Refund of Fees Paid.
(A) 
Any SLD fee which has not been expended by the school district within five years of the date of collection shall be refunded, with interest at the rate of 5% per annum compounded annually, to the person who paid the fee. Prior to such refund, such amount shall be reduced by an amount equal to 3% of the principal amount to be refunded, for the costs incurred by the City in the refund of such fee. The City shall give written notice by U.S. mail to the person who paid the fee at their address as reflected in the records of the Mesa County Clerk and Recorder. If such person does not file a written claim for such refund with the City within 90 days of the mailing of such notice, such refund shall be forfeited and shall be retained and used for the purposes set forth in this section.
(B) 
The City Council may, upon the school district's request, extend the five-year period of time specified in GJMC § 21.02.070(b)(1)(v)(A) upon a showing that such extension is reasonably necessary in order for the school district to complete or close a purchase transaction entered into in writing by such district prior to expiration of such period, or to give the school district an opportunity to exercise a purchase option it acquired prior to expiration of such period. Such request shall be made at a public hearing of the City Council. In no event shall any extension of time exceed an additional five-year period.
(2) 
Fees in Lieu of School Land Dedication (SLD Fees).
(i) 
SLD fees shall be collected and held in trust for the use and benefit of the school district containing the residential development for which the fee is collected. Such fees shall be expended by the school district to acquire additional real property for expansion of school facilities and construction of new school facilities necessitated by new residential development in the school district, or to reimburse the school district for sums expended to acquire such property. The amount of the SLD fee shall be based on a methodology which takes into account the student generation rates of new residential development, the quantity of land required to build new school facilities on a per pupil basis, and the anticipated cost of acquiring suitable school lands in the school district to expand existing school facilities and construct new school facilities to accommodate new residential development without decreasing current levels of educational services.
(ii) 
The SLD fee and the value of the variables in the formula to determine the SLD fee shall be set by resolution of the City Council in accordance with the following formula:
021 SLD Fee Diag.tif
(For example, if the average cost of suitable school lands within the school district is $15,000 per acre and the student generation fee factor is 0.023, the SLD fee per dwelling unit would be $15,000 x 0.023, or $345.)
(iii) 
The average cost per acre of suitable school lands within the school district ("average cost per acre for SLD fee") and the student generation fee factor ("SGF factor") shall be determined by City Council. Before City Council considers modification of either, a sixty-day prior written notice shall be provided to the school district. If a written request for a public hearing specifying which factor, the average cost per acre for SLD fee and/or the SGF factor, the school district wants to be heard on is received by the City from the school district at least 30 days before the matter is scheduled to be determined by City Council, a public hearing shall occur. At a hearing where City Council is considering the modification of the average cost per acre for SLD fee, City Council shall consider the school district's long range capital improvement plans and any other evidence, comments or recommendations submitted by the school district. At a hearing where City Council is considering the modification of the SGF factor, City Council shall consider the school district's school facilities plan currently in place, the methodology and data supporting the proposed modification, and any evidence, comments or recommendations submitted by the school district.
(iv) 
The SLD fee in effect as of January 1, 2006, was $460. The SGF factor used to determine the SLD fee was 0.023. This SLD fee and SGF factor shall continue until otherwise modified by City Council as set forth in this Code.
(Ord. 5267, 7/16/2025; Ord. No. 5250, 4/2/2025; Ord. 5190, 12/20/2023)

Ord- 5293_1