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Grand Junction City Zoning Code

CHAPTER 21

04 Use Standards

§ 21.04.010 Purpose.

The purpose of this chapter is to identify the land uses allowed in the Grand Junction zone districts and establish the standards that apply to certain uses (use-specific standards). This chapter is organized as follows:
(a) 
GJMC § 21.04.020, lists the uses allowed by zone district and cross-references applicable use-specific standards.
(b) 
GJMC § 21.04.030, establishes the unique standards applicable to certain land uses.
(c) 
GJMC § 21.04.040, establishes standards applicable to uses and structures that are accessory to the principal use of the property and/or structure.
(d) 
GJMC § 21.04.050, establishes standards applicable to non-permanent (temporary) structures and uses.
(Ord. 5205, 3/20/2024; Ord. 5190, 12/20/2023)

§ 21.04.020 Principal Use Table.

(a) 
Organization of the Table.
(1) 
In Table 21.04-1, land uses and activities are classified into six general use categories: 1) Residential; 2) Public, Institutional, and Civic; 3) Commercial; 4) Industrial; 5) Temporary, and 6) Extended Temporary. Specific uses are organized within the general use categories, based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This provides a systematic basis for assigning present and future land uses into appropriate zone districts and for avoiding overlaps and inconsistencies between similar land uses.
(2) 
The left-side column of Table 21.04-1 lists all use categories and many of the specific uses that might be approved by the City. Columns in the center of the table correspond to each base zone district and indicate whether the use is allowed in that district. The right-side column provides a cross-reference to use-specific standards that apply to that use in some or all of the zone districts in which it is allowed. Use standard cross-references are provided for informational purposes only; use-specific standards are applicable whether the cross-reference is provided or not.
(b) 
Compliance with Additional Requirements.
(1) 
Any use approved within a zone district shall also comply with all applicable standards in this Code; any requirements of local, state, or federal law; and the conditions placed on the approval.
(2) 
All uses required by any unit of local, state, or federal government to have an approval, license, or permit to operate are required to have that local, state, or federal approval, license, or permit in effect at all times, and failure to do so is a violation of this Code.
(3) 
All uses subject to the operational standards of a local, state, or federal government agency, including without limitation the regulations contained in the Grand Junction Municipal Code and regulations of the Colorado Department of Public Health and Environment, shall operate in compliance with those standards and regulations at all times, and failure to do so is a violation of this Code.
(c) 
Abbreviations Used in the Table.
This except from Table 21.04-1 is included to illustrate the use table abbreviations. Current use allocations are provided in Table 21.04-1; this excerpt is not regulatory.
Zone Districts
R-R
R-ER
R-1R
R-2R
RL-4
RL-5
RM-8
RM-12
RH-16
RH-24
MU-1
MU-2
Residential Uses
Household living
Dwelling, single-unit attached
A
A
A
A
A
A
A
A
(1) 
Allowed Uses.
An "A" indicates the use is allowed by right within the respective zone district. Administrative approval per GJMC § 21.02.040(b) required prior to establishing an allowed use.
(2) 
Conditional Uses.
A "C" indicates the use is only allowed through the Conditional Use Permit (CUP) process of GJMC § 21.02.050(f), subject to specified conditions.
(3) 
Prohibited Uses.
A blank space indicates the listed use is not allowed within the district, unless otherwise expressly allowed by another provision of this Code.
(4) 
Extended Temporary Uses.
An "E" indicates the use is only allowed through the Extended Temporary Use permit process of GJMC § 21.02.050(h), subject to specified conditions.
(d) 
Uses for Other Purposes.
Approval of a use listed in Table 21.04-1 authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 21.04-1 and approved pursuant to this Code is prohibited.
(e) 
Use Table.
 
Table 21.04-1: Principal Use Table
A = Allowed Use C = Conditional Use A/C = Allowed or Conditional (refer to Use-Specific Standards)
For accessory use regulations, see Table 21.04-2 in § 21.04.040
Zone Districts
R-R
R-ER
R-1R
R-2R
RL-4
RL-5
RM-8
RM-12
RH-16
RH-24
MU-1
MU-2
MU-3
CG
I-OR
I-1
I-2
P-1
P-2
Use-Specific Standards
Residential Uses
Household Living
Dwelling, single-unit detached
A
A
A
A
A
A
A
A
A
A
A
A
Dwelling, single-unit attached
A
A
A
A
A
A
A
A
A
A
A
Dwelling, cottage court
A
A
A
A
A
A
A
A
A
Dwelling, duplex
A
A
A
A
A
A
A
A
A
Dwelling, multi-unit
A
A
A
A
A
A
A
A
A
Manufactured housing community
A
A
A
§ 21.04.030(b)(2)
Group Living
Boarding or rooming house
A
A
A
A
A
A
A
§ 21.04.030 (b)(3)
Fraternity or sorority
A
§ 21.04.030 (b)(4)
Group living facility, small
A
A
A
A
A
A
A
A
A
A
A
C
A
§ 21.04.030 (b)(5)
Group living facility, large
A
A
A
A
A
A
A
A
§ 21.04.030 (b)(5)
Group living facility, unlimited
A
A
A
A
A
A
§ 21.04.030 (b)(5)
Public, Institutional, and Civic Uses
Adult or Child Day Care
Day care center, adult or child
C
C
C
C
C
C
A
A
A
A
A
A
A
A
A
A
Community and Cultural Facilities
Assembly, community
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.030 (c)(1)
Assembly, religious/private group
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.030 (c)(1)
Community corrections facility
C
§ 21.04.030 (c)(2)
Crematory
A
A
A
A
Funeral home or mortuary
A
A
A
A
A
Government service facility
A
A
A
A
Jail
C
C
C
C
C
Meeting, banquet, event, or conference facility
C
C
A
A
A
C
A
Parking, public
A
A
A
A
A
A
A
A
A
Safety service facility
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Educational Facilities
Boarding school
A
A
A
A
A
C
A
College or university
A
A
A
A
A
A
A
Public or private school
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Vocational, technical, or trade school
A
A
A
A
A
A
Health Facilities
Hospital
C
A
C
C
C
C
Medical or dental clinic
A
A
A
A
A
A
A
§ 21.04.030 (c)(3)
Parks and Open Space
Cemetery
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Golf course
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Golf driving range
A
A
A
A
C
C
C
C
C
C
A
A
A
A
A
A
A
A
A
Park, lake, reservoir, other open space
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Commercial Uses
Adult entertainment
A
A
A
A
§ 21.04.030 (d)(1)
Agriculture and Animal
Animal agriculture
C
C
C
§ 21.04.030 (d)(2)
Animal care, boarding, or sales, indoor operations only
A
A
A
A
A
A
A
Animal care, boarding, or sales, outdoor operations
C
C
A
C
C
Animal clinic or hospital
A
A
A
A
A
A
§ 21.04.030 (d)(3)
Dairy operations or feedlot
C
C
C
C
§ 21.04.030 (d)(2)
Farmers' market
A
A
A
A
A
A
A
Nursery or greenhouse
C
C
C
C
A
A
A
C
C
Pasture, commercial
A
A
A
A
A
A
Urban agriculture
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Food and Beverage
Bar or tavern
C
A
A
A
C
C
Brewery, distillery, or winery
A
C
A
A
A
A
A
A
A
Brewpub, distillery pub, or limited winery
C
C
A
A
A
A
A
A
Food service or catering
A
A
A
A
A
Mobile food vendor
A
A
A
A
A
A
A
A
A
A
§ 21.04.030 (d)(4)
Mobile food vendor court
C
A
A
A
A
A
A
A
A
§ 21.04.030 (d)(4)
Restaurant
C
C
A
A
A
A
A
A
A
Lodging Facilities
Emergency shelter, permanent
A
C
C
Hotel or motel
A
A
A
A
Resort cabin and lodge
C
A
A
Short-term rental
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.030 (d)(5)
Office and Personal Services
Office
C
C
A
A
A
A
A
A
A
Personal service
C
C
A
A
A
A
C
A
Recreation and Entertainment
Campground or recreational vehicle park
C
A
A
A
A
§ 21.04.030 (d)(6)
Indoor entertainment and recreation
A
A
A
A
A
A
A
A
§ 21.03.060 (e)(3) (MU-3)
Outdoor entertainment and recreation
C
A
A/C
A
C
C
A
A
Riding academy, roping, or equestrian area
C
C
C
Shooting range, indoor
C
C
C
C
C
Shooting range, outdoor
C
C
C
Swimming pool, community
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Zoo
C
C
C
Retail Sales
Flea market
A
A
A
§ 21.04.030 (d)(7)
Manufactured building sales and service
A
A
Regulated cannabis store
A
A
A
A
§ 21.04.030 (d)(8)
Retail sales and service, small
C
C
A/C
A
A
A
*
*
§ 21.03.060 (c)(3) (MU-1)
Retail sales and service, medium
A/C
A
A
A
§ 21.03.060 (c)(3) (MU-1)
Retail sales and service, large
A
A
Retail sales and service, big box
A
A
Transportation
Airport or heliport
C
C
Helipad
C
C
C
C
C
C
C
Parking garage, commercial
A
A
A
A
A
A
A
Parking lot, commercial
A
A
A
A
A
A
A
Transportation depot
A
A
A
A
A
A
A
Truck stop
A
A
A
Vehicles and Equipment
Vehicle fleet operations center
A
A
A
A
A
Vehicle fuel sales and service station
C
A
A
A
A
A
A
Vehicle impound lot
C
C
C
§ 21.04.030 (d)(10)
Vehicle repair, major
A
A
A
A
Vehicle repair, minor
A
A
A
A
A
Vehicle sales, rental and leasing, heavy
C
A
§ 21.04.030 (d)(11)
Vehicle sales, rental and leasing, light
A
A
A
§ 21.04.030 (d)(11)
Vehicle wash
A
A
A
A
A
A
A
Industrial Uses
Manufacturing and processing
Industrial, artisan
A
A
A
A
A
A
§ 21.04.030 (e)(1)
Industrial, light
A
A
A
A
A
A
§ 21.04.030 (e)(9)
Industrial, heavy
A
A
A
Mining and extraction
C
C
C
C
C
C
Oil and Gas Drilling
C
C
C
C
C
Storage, Wholesale, and Warehousing
Mini-Warehouse
C
C
C
A
A
A
A
A
§ 21.04.030 (e)(3)
Outdoor Storage, Commercial
A/C
A/C
A/C
A/C
§ 21.04.030 (e)(4)
Wholesale or warehouse
C
C
A
A
A
A
Telecommunication
Facilities on wireless master plan priority site when developed in accordance with wireless master plan site-specific requirements
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.030 (e)(5)
Temporary PWSF (e.g., COW)
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.030 (e)(5)
Co-location
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.030 (e)(5)
Tower replacement
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.030 (e)(5)
Dual purpose facility
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.030 (e)(5)
DAS and small cell facilities
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.030 (e)(5)
Base station with concealed attached antennas
A
Except NOT allowed on structures the principal use of which is a single-unit detached or attached dwelling, tiny home dwelling, duplex, group living (all), day care center, and multi-unit dwellings of fewer than three stories.
A
A
A
A
A
A
A
A
§ 21.04.030 (e)(5)
Base Station with non-concealed attached antennas
C
Except NOT allowed on structures the principal use of which is a single-unit detached or attached dwelling, tiny home dwelling, duplex, group living (all), day care center, and multi-unit dwellings of fewer than three stories.
A
C
A
A
A
A
A
A
§ 21.04.030 (e)(5)
Tower, concealed
C
C
Except NOT allowed on any site or lot where the principal use is a single-unit detached or attached, tiny home, or duplex dwelling.
C
C
C
C
A
C
A
C
A
A
C
C
§ 21.04.030 (e)(5)
Tower, non-concealed
C
C
C
C
C
C
C
§ 21.04.030 (e)(5)
Broadcast tower
C
C
§ 21.04.030 (e)(5)
Utility Uses
Utility facility, basic
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Utility facility, major
C
C
C
C
Transmission line
C
C
C
C
C
C
C
C
C
C
C
A/C
C
A/C
A/C
A/C
A/C
C
C
§ 21.04.030 (e)(6)
Waste and Salvage
Composting facility
C
C
Junkyard or salvage yard
C
C
§ 21.04.030 (e)(7)
Transfer facility, medical and hazardous waste
C
C
§ 21.04.030 (e)(8)
Transfer facility, solid waste
C
C
Recycling collection facility
C
C
Recycling collection point
C
C
C
C
C
C
C
C
C
Solid waste disposal or processing facility
C
C
Temporary Uses
Emergency shelter, temporary
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Parking lot, temporary
A
A
A
A
A
A
A
A
§ 21.04.050(b)
All Other
A
A
A
A
A
A
A
A
§ 21.04.050(c)
Extended Temporary Uses
Interim shelter site
E
E
E
E
E
E
E
E
E
§ 21.04.050(b)
(Ord. 5279, 10/1/2025; Ord. 5267, 7/16/2025; Ord. No. 5260, 5/7/2025; Ord. No. 5252, 3/19/2025; Ord. No. 5244, 1/15/2025; 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)

§ 21.04.030 Use-specific standards.

(a) 
Performance Standards for All Uses.
No person shall occupy, maintain, or allow any use in any zone district without continuously meeting the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards, and hazardous materials.
(1) 
Vibration.
Except during construction or as authorized by the City, an activity or operation that causes any perceptible vibration of the earth to an ordinary person on any other lot or parcel shall not be permitted.
(2) 
Noise.
The owner and occupant shall regulate uses and activities on the property so that sound never exceeds 65 decibels at any point on the property line.
(3) 
Glare.
Lights, spotlights, high temperature processes, or otherwise shall not be visible from any lot, parcel, or right-of-way.
(4) 
Solid and Liquid Waste.
All solid waste, debris and garbage shall be contained within a closed and screened dumpster, refuse bin and/or trash compactor. Incineration of trash or garbage is prohibited. No sewage or liquid wastes shall be discharged or spilled on the property.
(5) 
Hazardous Materials.
Information and materials to be used or located on the site whether on a full-time or part-time basis that are required by the SARA Title III Community Right to Know shall be provided at the time of any City review, including the site plan. Information regarding the activity or at the time of any change of use or expansion, even for existing uses, shall be provided to the Director.
(b) 
Residential Uses and Structures.
(1) 
Cottage Court Dwelling.
(i) 
Dimensional and Density Standards.
(A) 
The minimum project size for a cottage court development is one-half acre and the maximum project size is five acres. The cottage court development may be a designated area within a larger development.
(B) 
The following standards shall apply to individual units:
Lot Standards
Private Common Open Space
Area of individual open space (minimum, square feet)
400
Dimensions of any Side (minimum, feet)
20
Building Standards
Density (units/acre)
Minimum | maximum
Per zone district
Footprint Area (maximum)
Per cottage (square feet)
1,200 average
Height and Separation
Height (maximum)
Per zone district
Building separation (minimum)
Per Building Code
(C) 
A minimum of one dwelling unit or an increase of up to 20% over the maximum density (rounded up) is allowed when the project can meet all other applicable GJMC standards.
(D) 
All other building and lot requirements, including principal and accessory structure setbacks and lot coverage limitations, for the base zone district shall apply to the project site as a whole, not individual units.
(ii) 
Design Standards.
(A) 
A minimum of 10% of the total lot area shall be private common open space. The private common open space may be divided into multiple locations, each of which shall meet the minimum area and dimensional standards.
(B) 
A community building(s) for the sole use of the cottage court dwelling residents may be used to meet up to 25% of the required common open space requirement. Community buildings shall not count toward the maximum density calculation.
(C) 
Paved paths for pedestrian circulation may count toward common open space, but parking areas and driveways for vehicular circulation may not count toward common open space.
(D) 
Accessory dwelling units are prohibited.
(E) 
Multi-unit dwellings landscaping requirements apply per GJMC Chapter 21.07 and may count toward up to 30% of the required private common open space.
(2) 
Manufactured Housing Community.
(i) 
Density and Setbacks.
All building and lot requirements, including principal structure setbacks and maximum density requirements, for the base zone district shall apply to the project site as a whole (not individual units).
(ii) 
Manufactured Homes and Spaces.
(A) 
Recreational vehicles or travel trailers may not be used as residences within a manufactured housing community. Mobile homes, as defined in this Code and separate from manufactured homes, may not be used as a dwelling in the City except in an established mobile home park. No new mobile homes shall be placed in the City.
(B) 
Each space shall be numbered in a conspicuous location and a space map posted at the entrance to the property.
(C) 
All manufactured home spaces shall abut on a hard-surfaced roadway of not less than 20 feet in width. The roadway shall:
a. 
Be adequately lighted and drained;
b. 
Have unobstructed access to a paved public street or highway; and
c. 
Not contain on-street parking.
(D) 
No additions shall be built onto any manufactured home other than a porch or entryway. Porches and entryways may not extend any closer than 10 feet from the nearest manufactured home and its additions.
(E) 
All manufactured homes shall be skirted and anchored in a manner approved by the Director.
(iii) 
Site Design.
(A) 
All buildings and manufactured homes within the community shall be served with centralized water supply and sewage disposal systems approved by the City.
(B) 
All parking and driveway areas shall be paved with an all-weather surface that is constructed of concrete, asphalt, or a similar dust-free impermeable or permeable material.
(C) 
Convenient, safe pedestrian path networks at least five feet wide shall be provided from dwelling units to recreation areas, bus stops, parking areas, commercial uses, nearby schools, and any public facility within or directly adjacent to the subject property. All access shall conform to City standards.
(D) 
At least 15% of the gross area of the manufactured housing community shall be set aside for recreational purposes for use by the residents of the community. Outdoor recreation areas may include but are not limited to adult recreation and child play areas, such as outdoor games, picnic tables and seating, playgrounds, and swimming pools. They do not include areas for guest parking, or utilities.
(E) 
No portion of a recreation area may be less than 20 feet in width or length.
(F) 
All manufactured housing communities shall meet the applicable landscaping and buffering standards set forth in GJMC Chapter 21.07. Maintenance.
(G) 
All manufactured housing communities shall be maintained in accordance with the requirements of this section, applicable State of Colorado Department Health regulations, and other applicable City regulations.
(H) 
The property owner shall be responsible for ongoing maintenance for all site elements included in the original approval of the manufactured housing park such as landscaping, signage, parking, streets, stormwater, drainage, outdoor recreation areas and other features unless otherwise specified in the development agreement.
(iv) 
Existing Manufactured Housing Communities.
Existing manufactured housing communities shall comply with the above standards to the maximum extent practicable, except that:
(A) 
Existing mobile homes may continue to be used in mobile home parks established prior to 1976;
(B) 
Existing spaces may be used provided that any additions made after the Effective date of the Code shall comply with setback requirements of this subsection; and
(C) 
Paving of existing driveways only shall be required if the community is expanded or the number of spaces increased.
(3) 
Boarding or Rooming House.
(i) 
Standards.
In a Residential zone district, a boarding or rooming house shall not exceed the maximum density for the zone district, with density calculated as two rented rooms equal one dwelling unit.
(ii) 
Process.
An application for a boarding or room housing shall meet and follow the procedural requirements of GJMC § 21.02.040.
(4) 
Fraternity or Sorority.
(i) 
Location and Applicability.
(A) 
A fraternity or sorority is allowed only within the core campus of Colorado Mesa University or within 500 feet of the boundary of the core campus. The core campus is that area situated south of Orchard Avenue, west of North 12th Street, north of North Avenue and east of North 7th Street, and that area north of Orchard Avenue, west of 12th Street, south of Walnut Avenue, and east of College Place.
021 Colo Mesa Univ Core Campus Boundary.tif
Figure 04.03-1 Colorado Mesa University Core Campus Boundary
(B) 
The limitations, standards and requirements of this subsection do not apply to a fraternity or sorority located entirely within the core campus.
(ii) 
Standards for Fraternity or Sorority.
(A) 
In a Residential zone district, a fraternity or sorority may exceed the maximum residential density so long as the standards described in this subsection are met.
(B) 
Each residential structure shall provide a minimum of 100 square feet per occupant. Regardless of square footage, the number of residential occupants shall not exceed 35.
(C) 
There shall not be more than four beds in a single room.
(D) 
Each property line abutting a right-of-way, open or undeveloped tract or another property that is not used as a fraternity or sorority shall have a minimum six-foot-tall solid fence and an eight-foot-wide landscaped strip located inside the fence.
(iii) 
Process.
An application for a fraternity or sorority shall meet and follow the procedural requirements of GJMC § 21.02.040.
(5) 
Group Living Facility.
(i) 
Standards.
(A) 
Spacing Requirement.
a. 
A group living facility in an R-R, R-ER, R-1R, R-2R, RL-4, RL-5, or RM-8 zone district shall be at least 750 feet from every other group living facility in any such zone district.
b. 
There is no spacing requirement where either one of the two group living facilities being measured against one another is in a zone district not listed in this subsection.
c. 
The separation distance shall be measured in the following manner: Computed by direct measurement from the nearest property line of the land used for a group living facility to the nearest property line of an existing group living facility, using the most direct route of public pedestrian access, measured as a person would walk along right-of-way, with right angles at crossings and with the observance of traffic regulations and traffic signals (see Figure 04.03-2); except that a group living facility shall not be located adjacent to another even if by such route the distance is greater than 750 feet.
021 Fig 04-03-2 Group Liv Fac Sep Calc.tif
Figure 04.03-2 Group Living Facility Separation Calculation
(B) 
Compliance with Other Standards.
a. 
The group living facility must comply with the applicable City, state and other building, fire, health, and safety codes as well as all applicable requirements and development standards applicable to the zone district in which the group living facility is to be located except as modified in this subsection.
b. 
Group living facilities in a Residential zone district shall meet all applicable district, use, and development standards.
(C) 
Density and Minimum Lot Area.
a. 
Group living facilities must not exceed maximum density for the zone district, with density of the facility calculated as four beds equal one dwelling unit.
b. 
The site must contain at least 500 square feet per resident, except where a multi-unit structure is being converted to a group living facility, in which case the minimum adequate lot area shall be in accordance with the requirements of the zone district.
(D) 
Accessory Uses.
a. 
Accessory uses authorized with a group living facility are on-site recreational facilities, parking of vehicles for visitors, occupants and staff, and staff housing. The Director may approve other accessory uses that will have substantially similar impacts.
b. 
Only the administrative activities of the person or organization operating the facility shall be conducted at the facility. No office or other space in the facility or on the site may be leased or used for activities unrelated to the group living facility.
(E) 
Provision of Services in Residential Zone Districts.
A group living facility in a Residential zone may provide services to nonresidents, but only up to the total number of residents permitted in the facility. For example, if there are nine residents at a group living facility that is allowed to have 16 residents, no more than seven nonresidents may use the services the facility provides at any one given time. This restriction does not apply in Mixed-Use, Commercial, Industrial, and Public, Parks, and Open Space zone districts.
(ii) 
Process.
An application for a group living facility shall meet and follow the procedural requirements of GJMC § 21.02.040.
(c) 
Public, Institutional, and Civic Uses.
(1) 
Assembly, Community or Religious/Private Group.
(i) 
Art Gallery, Museum, or Library.
An art gallery, museum, or library is prohibited in the R-R, R-ER, R-1R, R-2R, RL-4, RL-5, and RM-8 zone districts. All other community assemblies are allowed.
(ii) 
General Requirements.
(A) 
Seating Capacity and Public Notice.
a. 
Maximum seating capacity shall be based upon the seating capacity in the largest assembly area of the principal structure.
b. 
Community and religious/private group assembly uses with a maximum seating capacity of up to 300 or a maximum seating capacity of 301 to 600 for those uses that are located on a parcel or lot abutting a principal or minor arterial or collector street, as identified on the City's Streets Classification Map, are allowed uses in all Residential zone districts.
c. 
Community and religious/private group assembly uses with a maximum seating capacity of 301 to 600 in a Residential zone district require public notice if not located on a parcel or lot abutting a principal or minor arterial or collector street, as identified on the City's Grand Junction Circulation Plan.
d. 
Community and religious/private group assembly uses with a maximum seating capacity greater than 600 require a public notice in all Residential zone districts.
(2) 
Community Corrections Facility.
(i) 
A community corrections facility shall manage and supervise "offenders" in accordance with adopted standards and pursuant to a contract supervised and administered by an agency of the State of Colorado.
(ii) 
Independent community corrections facilities are subject to the same or equivalent, standards and rules applicable to a facility which is subject to § 17-27-101 C.R.S., et seq.
(iii) 
The applicant for a community corrections facility that is not administered pursuant to § 17-27-101 C.R.S., et seq., shall identify, and provide as required by the Director, the rules and contract under which such facility is regulated and administered.
(iv) 
An applicant for a community corrections facility shall provide to the Director, upon request, evidence that the facility/program is:
(A) 
Subject to "program audits" by the state or an agent of the state; and
(B) 
Operating and has been operated in compliance with all applicable standards.
(3) 
Natural Medicine Healing Center.
(i) 
A natural medicine healing center shall be an allowed use in all districts in which medical or dental clinics are allowed, except RH-24.
(ii) 
No natural medicine healing center shall be permitted to operate within 1,000 feet of any child day care center or public or private school.
(iii) 
Subsection (c)(3)(ii) above shall not apply to a natural medicine healing center that was actively doing business under a valid license prior to any other use referenced in subsection (c)(3)(ii) being constructed.
(iv) 
No natural medicine healing center shall be permitted to operate in the City unless it is licensed by the State Licensing Authority.
(d) 
Commercial Uses.
(1) 
Adult Entertainment.
(i) 
The City Council finds that the concentration of certain adult entertainment establishments in cities tends to result in the blighting and deterioration of the areas of such concentration. Accordingly, it is necessary that these establishments be regulated in a manner as to prevent the erosion of the character of affected neighborhoods.
(ii) 
No adult entertainment establishment shall be permitted within the City of Grand Junction except as provided in this Code.
(iii) 
The purpose of this subsection is to establish for the zoning and location of adult entertainment establishments that:
(A) 
Are not a nuisance; and
(B) 
Do not violate the provisions of the law regarding sexual conduct, obscene material, or obscene conduct.
(iv) 
Nothing in this Code authorizes, legalizes, or permits the establishment, operation, or maintenance of any business, building or activity which violates any other municipal ordinance or provision of the laws regarding nuisances, sexual conduct, obscene material, or obscene conduct. "Obscene material" or "obscene conduct" means that material or conduct that, taken as a whole, appeals to the prurient interest of the average person, applying a contemporary local standard and depicts or describes sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value. The term "contemporary local standard" means that the material or conduct at issue must be measured in terms of the contemporary community standards of the City.
(v) 
Prohibition.
No person, corporation, or business of any sort or description, shall cause or permit the location or operation of an adult entertainment establishment within 1,000 feet of the property line of another such business or within 1,000 feet of the property line of any church, school, park, playground, public building or within 1,000 feet of any residentially zoned property as the same are established under this Code. The operation of an adult entertainment establishment shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses described in this subsection.
(vi) 
Gaming Arcades.
The City Council finds that it is necessary to preserve the public health, safety, morals, and general welfare of the residents and businesses of the City by affording time for City staff to evaluate the impact of gaming arcades, whether such uses are legal and, if so, can be appropriately sited within the City with appropriate regulation, or whether such uses are or should be prohibited.
(A) 
Imposition of Moratorium.
A moratorium period is hereby declared on all new establishments not in existence or the relocation of existing establishments as of March 5, 2023, constituting gaming arcades (aka skilled gaming businesses), slot machine(s), gambling device(s) and simulated gambling device(s) from the effective date of the ordinance codified in this subsection, March 5, 2023, for the period of 365 days to March 5, 2024 (inclusive), or until further action of the City Council ending, modifying or extending this moratorium, whichever occurs first. Such further action shall be taken accordingly by ordinance of the City Council. No applications pertaining to sales and use tax, amendments to the official Zoning Map, site development, liquor license, sign permit, building permit, any development permit, or renewal or transfer of any of the aforementioned shall be accepted for review by the City for the moratorium period as defined herein.
(B) 
Repeal.
Subsection (d)(1)(vi) of this section is repealed effective March 5, 2024.
(2) 
Animal Agriculture.
(i) 
Total Number of Large Animals Allowed.
For the purpose of this subsection, large agricultural animals shall include horses, mules, burros, sheep, cattle, pigs, alpacas, llamas, and standard goats and are subject to the following:
(A) 
The R-R, R-ER, R-1R, R-2R, P-1, and P-2 districts shall not have more than one large agricultural animal per 1/4 acre of land.
(B) 
All other districts shall not have more than one large agricultural animal per 1/2 acre of land.
(ii) 
Total Number of Small Animals Allowed.
For the purpose of this subsection, small agricultural animals shall include dwarf or pygmy goats, rabbits and any type of fowl and are subject to the following:
(A) 
Parcels of 1/2 acre or less shall not have more than six adult animals.
(B) 
Parcels greater than 1/2 acre shall not have more than 15 adult animals per acre.
(iii) 
Roosters Prohibited.
Roosters, of any breed, are prohibited in all districts except on properties of at least five acres. A rooster shall be defined as any adult male domestic chicken that is three months of age or older.
(iv) 
General Requirements.
(A) 
Fencing and Separation.
a. 
All large agricultural animals kept on a parcel shall be fenced so that they are no closer than 100 feet from any residential structure on another property. For the purpose of this section, the first in time shall be the first in right. Written permission, if the animal were not first in time, for a lesser distance may be obtained from the property owner, or if not owner occupied, from the occupant.
b. 
Small agricultural animals that are kept outside the residence shall be confined by a fence, cage, pen, or coop so as to be no closer than 20 feet from a principal residential structure on an adjoining property.
(B) 
Allowances by Conditional Use Permit.
a. 
No person shall keep, house, or shelter one or more pigs in any zone district other than R-R unless such person has obtained a Conditional Use Permit in accordance with the provisions of GJMC § 21.02.050(f).
b. 
In the R-R district, the number of agricultural animals and small animals (including roosters) allowed under this subsection may be exceeded with a Conditional Use Permit. If the Conditional Use Permit is approved, the permit shall state the maximum number of animals allowed by type and in the aggregate.
(3) 
Animal Clinic or Hospital.
Any outdoor animal areas shall be located at least 150 feet from each abutting property, except where the abutting property is owned or occupied by the operator of the use.
(4) 
Mobile Food Vendor and Mobile Food Vendor Court.
(i) 
Applicability.
These regulations apply to all mobile food vendors and mobile food vendor courts operating on private property, except when a mobile food vendor is operating as a temporary use under the provisions of GJMC § 21.04.050.
(ii) 
Signage.
The total allowable square footage of signage for a mobile food vendor shall be 32 square feet, excluding signage fixed to an operable motor vehicle.
(iii) 
Landscaping, Screening and Buffering.
Mobile food vendors and mobile food vendor courts are exempt from the landscaping, screening, and buffering provisions of GJMC Chapter 21.07.
(iv) 
Sanitary Facilities.
(A) 
Any mobile food vendor or mobile food vendor court shall provide and maintain a sanitary facility on site or shall provide and maintain a written agreement with a property and/or business owner allowing mobile food vendor employees and customers to share the use of that property's existing sanitary facilities.
(B) 
The structure containing shared sanitary facilities must be located within 750 feet from location of the mobile food vendor as identified on the approved site sketch.
(C) 
No shared sanitary facility may be shared with a residential land use. Mobile food vendors operating as temporary uses under the standards of GJMC § 21.04.050 shall be exempt from this requirement.
(v) 
Utilities.
Permanent hookups to utilities shall not be provided for mobile food vendors but may be provided for mobile food vendor courts.
(vi) 
Wastewater Discharge.
Wastewater produced by mobile food vendors shall be discharged only at a facility with an approved industrial pretreatment system or by a licensed waste hauler.
(5) 
Short-Term Rentals (STR).
(i) 
Purpose.
The purpose of this regulation is to allow short-term rentals with a permit within the regulatory boundaries established by the City. These regulations are to assist in protecting the health, safety, and welfare of property owners, neighbors, and occupants.
(ii) 
Applicability.
These regulations apply to all uses meeting the definition of short-term rental. Private covenants running with land may restrict or prohibit short-term rentals; it is the responsibility of the property owner, not the City or any employee or agent thereof, to ensure compliance with restrictive covenants.
(iii) 
Permit Required.
No person or entity shall sell lodging to a temporary occupant(s) of a dwelling unit for fewer than 30 consecutive days without first having obtained a short-term rental permit issued by the City and complying with any conditions or restrictions thereof. A short-term rental permit is valid for a period of one year and is subject to annual permit reviews in a form prescribed by the City. A separate short-term rental permit is required for each short-term rental unit and will be issues as either a primary or secondary short-term rental. A short-term rental permit may be issued only to the owner of the property used for short-term rental and is not transferable. A short-term rental permit may be issued by the Director upon finding that the requirements of this Subsection (d)(5) are met. A permit may contain conditions and restrictions.
(A) 
Primary short term rental permits shall not be issued for more than 7% of residentially zoned lots within the downtown area, defined as south of North Avenue, West of North 17th Street, North of Interstate 70 Business. and East of Highway 50.
(B) 
Primary short-term rental permits shall not be issued for more than 3% of the residentially zoned lots outside of the downtown area as defined in Subsection (d)(5)(iii)(A) above.
(C) 
No more than two short-term rental permits shall be issued in a residentially zoned building with four dwelling units or less. Only one of the two permits issued may be a primary short-term rental permit.
(D) 
A residentially zoned building with more than four dwelling units shall not be issued short-term rental permits for more than 10% of the units in the building, provided that a minimum of one short-term rental is permitted on all lots.
(iv) 
Occupancy.
(A) 
The number of occupants at any given time in a short-term rental unit shall not exceed two persons per bedroom plus two additional renters, including the operator, except where the Director determines that the size, configuration and/or structural features of the unit allow greater or lesser occupancy.
(B) 
A short-term rental permit shall only be issued and/or renewed in a Residential zone district when an applicant demonstrates that there is one additional parking space for each bedroom above four bedrooms on the lot. No additional required parking may be located between the front facade of the principal structure and the public street or private access way.
(C) 
The permit shall specify the maximum occupancy of the unit.
(v) 
Designated Local Responsible Party.
(A) 
The property owner shall designate one or more local person(s) who will be permanently available and responsible for immediately responding to complaints about or violations of law or of permit terms. Local as used herein means having a permanent address within a twenty-mile radius from the short-term rental property and a twenty-four-hour contact phone number.
(B) 
The designated local responsible party may be the owner of the property if he or she meets the local criteria.
(C) 
The designated local responsible party must be authorized by the property owner to permit inspection of the premises by the City and/or its agent or employee to ensure compliance with applicable fire and building codes and with the requirements for and/or of the short-term rental permit.
(vi) 
General Requirements.
The owner of a dwelling used or to be used as a short-term rental shall:
(A) 
Obtain a tax license from the City of Grand Junction and comply with all applicable local, state, and federal taxes;
(B) 
Demonstrate and certify that the unit contains the following on the premises at all times:
a. 
A smoke detector in good working order;
b. 
A carbon monoxide detector in good working order;
c. 
Adequate and functional building egress from each sleeping room in the unit;
d. 
Posted notice providing in detail the following information in a highly visible location and readily accessible form:
1. 
Location of building exits and fire extinguishers;
2. 
Twenty-four-hour emergency contact information;
3. 
Parking areas and parking restrictions, including a notice that parking on lawns is not allowed;
4. 
Noise restrictions and quiet hours;
5. 
Trash disposal instructions including trash pickup location and schedule;
6. 
Maximum occupancy restrictions; and
7. 
City permit number.
(C) 
Certify all units maintain a fire extinguisher in good working order;
(D) 
Permit inspection of the premises by the City or its agent or employee during the pendency of the permit application, and thereafter upon reasonable notice;
(E) 
Provide with its application a sketch or drawing of the unit that depicts all rooms, doors, and windows, including dimensions, and shows on-site areas available for guest parking;
(F) 
Provide the name, address, and phone number of the designated local responsible party to the City, and update such information with the City whenever it changes;
(G) 
Renew permit annually with the City, certifying that the permit terms and requirements are still being met and updating any material changes to the unit or property; and
(H) 
Where food is prepared and served to guests/lodgers on the premises, demonstrate compliance with Mesa County Health Department regulations.
(vii) 
Revocation, Suspension, and Appeal.
(A) 
A short-term rental permit may be suspended or revoked for any of the following reasons:
a. 
The owner or designated responsible party has failed to comply with a requirement of this Subsection (d)(5).
b. 
The owner or designated responsible party has failed to comply with a condition of or restriction set forth in the short-term rental permit.
c. 
The owner has failed to collect or remit lodging taxes or otherwise comply with local, state, and/or federal tax requirements.
d. 
Materially false or misleading information has been provided to the City by the applicant, owner or designated responsible party on an application.
e. 
The City has received excessive and substantial complaints by neighbors or affected persons that were not adequately and timely addressed by the owner or designated responsible party.
(B) 
Notice of permit revocation shall be provided to the owner, who shall then be given an opportunity to respond within 10 days. The Director will issue any decision to revoke or suspend a permit within 10 days of the response date.
(C) 
Any aggrieved person may appeal the issuance, denial, suspension, or revocation of a short-term rental permit to the Zoning Board of Appeals within 10 days of the issuance of the decision.
(6) 
Campground or Recreational Vehicle Park.
(i) 
Residential Occupancy Prohibited.
A camping guest shall not use a campsite as a permanent residence or domicile.
(ii) 
Campground Design and Overall Site Layout.
All commercial campgrounds shall meet the requirements of the Colorado Code of Regulations found in 9 CCR 1010-9, as may be amended, in addition to the standards provided in this section.
(A) 
Access and Circulation.
a. 
Entries, access drives, and parking areas shall meet City dimensional and fire standards and grading, drainage, and dust control requirements as applicable.
b. 
The surface of entries and access drive aisles shall be paved with asphalt or concrete with a pavement section paved in compliance with the Fire Code.
c. 
Pedestrian walkways shall be surfaced with a firm and stable, ADA-accessible material and designed to provide safe pedestrian circulation within the campground.
(B) 
Lighting.
a. 
Entries, access drive aisles and walkways shall be lighted every 500 feet consistent with the overall design of the campground. All lighting fixtures shall comply with the standards in GJMC Chapter 21.11.
b. 
Entryways to common service buildings shall be lighted during all operational hours between dusk and dawn.
(C) 
Parking.
Parking or unit pull-in spaces shall be finished with a firm and stable material.
(D) 
Site Layout.
a. 
At least one campsite with accessible/mobility features shall be provided for each 25 campsites within the campground.
b. 
An overflow area for campsites may be established, but shall not exceed five campsites/parking areas per 100 in the campground.
c. 
Common service buildings including restroom and shower facilities shall be located no closer than 20 feet nor more than 500 feet from any campsite that may be used by a dependent camping unit.
(E) 
Landscaping.
a. 
Areas of campgrounds that abut residential properties shall be screened by a solid fence or year-round vegetation measuring six feet in height. Fences shall comply with GJMC § 21.05.090 and any design guidelines.
b. 
All areas shall be covered with either the natural vegetation and/or an acceptable form of ground cover so as to facilitate drainage, reduce dust, prevent erosion, and reduce fire hazards.
c. 
One tree per 2,500 square feet of the total net area used as campsites (excluding drive aisles, common areas or areas with common buildings) is required. Trees may be distributed throughout the campground.
d. 
All other landscaping shall comply with GJMC Chapter 21.07.
(F) 
Recreation Area.
Each campground with 50 campsites or more shall provide an active recreational area(s) such as a tot lot or playground, horseshoe pits or lawn game area consisting of a minimum of 100 square feet per campsite.
(iii) 
Campsite Design.
(A) 
Any campsite shall be set back a minimum of 25 feet from a right-of-way.
(B) 
Each campsite shall provide a minimum of 750 square feet of space per intended camping unit and have a minimum width of 25 feet.
(C) 
A camping unit either in full set-up mode (all extensions/pull-outs in place), placed or built on a site shall not occupy more than 75% of the area of the campsite. Campsite size shall be larger than the minimum if larger camping units are intended and/or allowed.
(D) 
If a campsite may be used for multiple units, it shall provide at least another 400 square feet per each additional camping unit.
(E) 
Camping units or attachments to camping units (e.g., slideouts, awnings) shall be set back a minimum of three feet from individual campsite boundary lines or five feet from campground property boundary lines.
(F) 
Each site shall be marked and/or numbered for identification in a conspicuous location that is legible from the campground access drives.
(G) 
No permanent or semi-permanent structures, such as cabins, lean-tos, accessory structures, sheds, or habitable buildings, whether placed on a permanent foundation or not, shall be erected on a campsite except by the owner/operator of the property.
(iv) 
Water Services.
(A) 
The campground water supply system shall be designed, constructed, and maintained in compliance with all applicable codes. At campsites that provide for full or partial hook-up, the water system shall be connected to a public water supply system.
(B) 
Common water faucets shall be conveniently accessible from any campsite intended for dependent camping units.
(C) 
Spillage, overflow, drainage, or wastewater from common faucets shall be discharged to approved drains or otherwise designed to prevent impoundment of water, creation of mud holes, or other nuisance conditions.
(D) 
A water station for filling water storage tanks shall be provided at the rate of one station for every 100 campsites or part thereof that are designed for independent camping units. The water station shall be posted with a sign indicating it is potable water.
(v) 
Sanitary Sewer.
(A) 
At campsites that provide for full or partial hook-up, the sewer service shall be connected to a public sewer system.
(B) 
It is recommended that one sanitary waste station connected to a public sewer system be provided for campgrounds designed for greater than 100 independent camping units.
(C) 
When a sanitary waste station is provided, it shall be located on a level site with a concrete slab sloped to a center drain and be easily accessible from the access drive.
(D) 
When a sanitary waste station is provided, a means for flushing holding tanks and the immediate area shall be provided at each sanitary waste station. The flushing station shall consist of a properly supported water riser pipe, valved outlet and attached hose.
(E) 
A flushing sink or other means of disposal connected to the public sewer system shall be provided for disposal of liquid wastes from dependent camping units unless a sanitary waste station is provided and is conveniently located to these campsites.
(vi) 
Restroom and Shower Facilities.
(A) 
All common restroom and shower facilities shall be connected to public water and sewer systems. Privies are not allowed within campgrounds within the City limits.
(B) 
Required toilet, sink and shower facilities shall be provided in the following minimum numbers:
a. 
Where a campground is designed and operated for exclusive use by independent camping units, at least one toilet and one sink shall be provided for each 50 campsites.
b. 
Where a campground accepts or accommodates dependent camping units, at least one toilet and one sink shall be provided for every 15 campsites not provided with sewer connections and one shower shall be provided for every 15 campsites or fractional part thereof. Sinks shall be provided at each building containing toilet facilities at a rate of one sink per toilet for up to six toilets and one sink for every two toilets thereafter.
(vii) 
Health, Safety and Maintenance.
(A) 
Emergency and fire safety rules and regulations shall be conspicuously posted by campground management and shall include the following information in addition to any other information required by the Fire and/or Police Department and any other laws and regulations:
a. 
Information needed for summoning the Fire and Police Departments.
b. 
Campground location information needed to provide to responding emergency services.
c. 
Location of common water faucets.
d. 
Location of fire suppression hydrant(s).
e. 
Location of sanitary waste station(s).
f. 
Map of campground, identifying all buildings and campsites by number.
(B) 
All areas including the storage, collection and disposal of refuse shall be maintained to minimize health and accidents, fire, air quality and other nuisance conditions.
(C) 
Durable, water-tight, easily cleanable refuse containers, sufficient to contain all refuse from the campground, shall be provided. Provision of recycling containers for separation of plastic, glass, metal, and aluminum containers is recommended.
(D) 
All trash collection areas shall be contained with a six-foot privacy fence or wall on at least three sides of the area.
(E) 
A six-foot fence shall be provided around hazardous areas such as swimming pools, utility areas or storage of hazardous materials.
(F) 
A fire ring shall be provided at any campsite that allows the use of combustible fuel. Location of the fire rings shall be shown on the site plan.
(7) 
Flea Market.
(i) 
Site Design.
(A) 
Flea markets shall not derive access from a collector or local street that serves a Residential zone district located within 1,200 feet of the property on which the flea market is located.
(B) 
Parking areas shall only be accessible by driveways meeting standards established in TEDS (GJMC Title 29).
(C) 
No booth, stall, or other display area shall be placed or maintained within any required setback area.
(D) 
Sanitary facilities shall be provided on site as required by the Director.
(ii) 
Storage.
All items for sale shall be stored indoors, within an approved screened storage area per GJMC § 21.04.040(e)(3)(ii) or removed from the site at the close of each business day.
(iii) 
Operational Standards.
Flea markets shall not be open for business in excess of 16 hours per day.
(8) 
Regulated Cannabis Store.
(i) 
Applicability.
These regulations apply to all regulated cannabis stores in addition to the other provisions in the GJMC pertaining to cannabis stores, including, but not limited to, Chapters 5.13 and 5.14 GJMC.
(ii) 
Zoning.
(A) 
It is unlawful for a regulated cannabis store to operate in a building that contains a dwelling unit that is occupied or unoccupied.
(B) 
There shall be no more than two regulated cannabis stores operating within the boundaries of the Horizon Drive Business Improvement District, as may be amended.
(C) 
There shall be no regulated cannabis stores located on the ground floor of any buildings in the downtown Grand Junction area defined as Main Street bounded by the west intersection line of First Street and bounded by the east by the centerline of 7th Street.
(iii) 
Separation.
No regulated cannabis stores shall be located within any of the following required separation distances, measured as specified in GJMC § 21.14.010(b)(1):
(A) 
Within 1,000 feet of any private or public elementary, middle, junior high, or high school.
(B) 
Within 1,000 feet of Colorado Mesa University (Main Campus) and Western Colorado Community College.
(C) 
Within 500 feet of any services for prevention, treatment, or recovery from substance use and mental health concerns, as licensed by the Colorado Department of Human Services, Office of Behavioral Health (OBH).
(9) 
Vehicle Fuel Sales, Vehicle Repair, Major and Minor, or Vehicle Wash.
(i) 
No above ground equipment for the service of gasoline, oil, air, or water shall be closer than 10 feet to any right-of-way.
(ii) 
If the principal use of the property is major or minor vehicle repair, the vehicles intended for repair shall not be stored in any right-of-way or in required parking spaces. Areas for storage of vehicles intended for repair must be screened along any street frontage.
(10) 
Vehicle Impound Lot.
(i) 
Screening.
Screening shall be provided as required in GJMC § 21.05.080.
(ii) 
Location.
No storage yard or storage lot shall be placed or maintained within a required setback.
(iii) 
Waste Management.
(A) 
Unusable items shall be disposed of and not be allowed to collect on the premises.
(B) 
No garbage or other putrescent waste, likely to attract vermin, shall be kept on the premises. Gasoline, oil, or other hazardous materials which are removed from scrapped vehicles or parts of vehicles kept on the premises shall be disposed of in accordance with applicable federal, state, and local regulations.
(11) 
Vehicle Sales, Rental, and Leasing, Heavy and Light.
No more than one vehicle display pad, elevated up to six-feet in height as measured at the highest point, shall be permitted per 100 feet of street frontage.
(e) 
Industrial Uses.
(1) 
Artisan Industrial.
(i) 
All activities shall be conducted within a completely enclosed building.
(ii) 
If located in a Mixed-Use zone district, this use shall not exceed 10,000 square feet of gross floor area.
(iii) 
In the I-2 zone district, retail sales of goods produced on the property shall be prohibited.
(2) 
Mining and Extraction.
(i) 
Application.
Where a minim or extraction use requires CUP approval in Table 21.04-1: Principal Use Table, an application for a Major Site Plan pursuant to GJMC § 21.02.040(j) shall be submitted simultaneously.
(ii) 
Location.
(A) 
Gravel extraction and/or processing activities should occur on parcels of sufficient size so that extraction and reclamation can be undertaken while still protecting the health, safety, and welfare of the citizens.
(B) 
Where gravel extraction and/or processing is adjacent to zoning or land uses other than I-1 or I-2, mining, handling, and batch processing activities may be restricted, buffering may be required and/or disturbance/reclamation may be accelerated to be compatible with the adjacent zone district or use.
(iii) 
Standards.
(A) 
Compliance with State and Federal Requirements.
a. 
Mineral extraction, washing, crushing, cement and asphalt batch planting and other mined products related uses shall be subject to an approved excavation permit, well permit, air pollution permit, reclamation plan and any and all other permits, certifications, or requirements of the state or federal agencies having jurisdiction as required.
b. 
All air emissions shall comply with standards established by the Mesa County Health Department, State Health Department and Colorado Air Quality Control Commission.
c. 
All water use and/or discharge shall conform to standards established by law and administered by the Environmental Protection Agency (EPA), the Colorado Department of Public Health and Environment (CDHPE), the City of Grand Junction and the Mesa County Health Department.
(B) 
Location of Operations.
a. 
Excavation or deposit of overburden is not permitted within 30 feet of an abutting parcel, an easement, an irrigation ditch or canal or right-of-way unless by written agreement of the owner of such property, easement, irrigation ditch, canal or right-of-way.
b. 
Excavation within 125 feet of an existing residence is not permitted unless by written agreement of the owners and occupants of the residence. No rock crushing, asphalt/cement plant or other similar equipment or operations shall take place any closer than 250 feet of a residence. The Planning Commission may require a greater distance if the operation is abutting a Residential zone district.
c. 
At a minimum, 100 feet greenbelt setback shall be provided from jurisdictional wetlands or navigable watercourses as the same are defined by the U.S. Army Corps of Engineers (USACE). The Director upon recommendation and consent of the USACE may vary this standard.
(C) 
Vegetation and Screening.
a. 
Prior to starting operation, existing trees and vegetation shall, to the maximum extent practicable, be preserved and maintained in the required setback to protect against and reduce noise, dust, and erosion. The Director may require vegetative screening and/or buffering in accordance with GJMC Chapter 21.07 if the operation is adjacent to a residential use or Residential zone district. Required fencing, screening and/or buffering shall not be removed until reclamation has been completed.
b. 
Fencing around the perimeter of the property is required.
c. 
All disturbed areas shall be revegetated in accordance with the vegetation plan.
d. 
Following initial revegetation efforts, the revegetated area shall be maintained for a period of three years or until all vegetation is firmly established in the reclamation area.
(D) 
Operational Characteristics.
a. 
Excavation, loading, handling, processing, and batch operations adjacent to Residentially zone districts shall not exceed 65 decibels at the property line of any adjacent parcel.
b. 
Hours of operation shall be restricted to 6:00 a.m. to 6:00 p.m. The Director may authorize different hours; however, the Director may also restrict as part of the Conditional Use Permit the hours of operation near residential or urbanized areas.
c. 
Operations shall comply with the noise, vibration and other applicable standards and requirements of this Code. If there are conflicting or competing provisions in this Code, the most stringent shall apply.
(E) 
Site Design and Maintenance.
a. 
In no event shall a slope of steeper than 2:1 be left for dry pits. A pit with a slope of 3:1 or steeper shall not exceed a depth of 10 feet. The floor of excavation pits, whether wet or dry, shall be left in a suitable condition.
b. 
The owner/operator shall not excavate, store overburden or mined material or dike the property in such a manner as to increase any drainage or flooding on property not owned by the operator or damage public facilities and/or property.
c. 
After mining has been completed, the site shall not to be used to stockpile sand and/or gravel except in I-1 and I-2 with a Conditional Use Permit. In any event the owner/operator is to reclaim the site as rapidly as possible.
d. 
All slopes shall be stabilized. Land remaining at the natural water level shall be revegetated in a manner compatible in type as/with the immediately prevailing area. Revegetation plans are required and shall minimally meet the standards of the Colorado Mine Land Reclamation Board.
e. 
The Director may place restrictions on right-of-way use after review of the traffic analysis. Restrictions may include but are not limited to the owner or operator being responsible for the extraordinary upgrade and maintenance of the designated haul route.
f. 
Streets, bridges, and highways designated as haul routes shall be maintained by the owner/operator in a reasonably clean condition. This may include, depending on local conditions, watering, oiling, or sweeping as determined by the Director.
g. 
Signage for public safety is required.
(3) 
Mini-Warehouse.
(i) 
Uses Permitted.
(A) 
This use shall not include the sale of any item of personal property, any type of commercial activity, including such uses as sales, service and repair operations, manufacturing, or truck/equipment rentals, other than the leasing of the units.
a. 
Sales incidental to storage use out of the leasing office, such as that of boxes or moving supplies, shall be allowed.
b. 
The mini-warehouse owner or operator may provide a moving vehicle for use by lessees provided there are no rentals provided to members of the general public.
(B) 
Estate or foreclosure sales held by the mini-warehouse owner or operator shall be allowed.
(ii) 
Outdoor Storage.
No outside storage shall be permitted except the storage of licensed vehicles within approved areas designated for such storage. This storage shall meet the requirements of GJMC § 21.04.040(e)(3)(ii).
(iii) 
Landscaping and Screening.
All mini warehouses shall provide the following in addition to meeting standards of GJMC Chapter 21.07:
(A) 
For outdoor mini warehouse units, landscaping islands shall be provided at the end of each row of storage units when visible from the public right-of-way. Landscape islands shall be planted with shrubs that reach at least five feet of height at maturity.
(iv) 
Driveway Standards.
Drive aisles within outdoor mini-warehouse facilities shall be a minimum of 26 feet wide for single-load aisles and 30 feet for double-load aisles.
(v) 
Identification.
Individual mini warehouses shall be clearly marked with numbers or letters identifying the individual units and a directory of the unit locations shall be posted at the entrance or office of the facility.
(vi) 
RV and Boat Storage.
Driveway and parking areas for RV and boat storage may be permitted to have a gravel or other permeable surface if the applicant establishes that very little dust will be generated.
(4) 
Outdoor Storage, Commercial.
(i) 
All outdoor storage shall be screened per GJMC § 21.05.080(b)(3).
(ii) 
Except for integral units, stored items shall not project above any screening.
(iii) 
The storage or accumulation of waste products, including paint, stain, oils, grease, or other flammable, toxic, or hazardous materials, or stagnant water, shall require a Conditional Use Permit and shall not exceed applicable Fire Code requirements.
(5) 
Telecommunications Facilities.
(i) 
Permit Required.
(A) 
No telecommunications facility shall be installed, constructed, altered, added to, or permitted unless the Director has first approved a site plan review for the property and the facilities and a permit has been issued. Telecommunications facilities and infrastructure shall be constructed and maintained in conformance with all applicable building code requirements as well as with the terms of the permit issued under this section.
(B) 
No telecommunications facility shall be altered, added to, installed, or permitted unless the applicant has shown compliance with all the requirements of this section. The requirements of this section apply to all telecommunications facilities, whether concealed or not, whether aboveground or underground, including but not limited to existing towers, proposed towers, public towers, replacement of towers, ancillary structures and equipment, co-location on existing towers, base stations, temporary telecommunications facilities, PWSF facilities, DAS facilities, small cell sites and/or networks, and broadcast towers, except that the following are exempt and no permit is required:
a. 
An amateur radio tower that is used exclusively for noncommercial purposes;
b. 
A government-owned telecommunications facility erected for a state of emergency officially declared by a federal, state, or local government and where the City Manager has made a written determination of public necessity for the facility, and only during the duration of the state of emergency;
c. 
A government-owned public safety facility; and
d. 
Over-the-air reception devices (OTARD), including satellite earth stations, so long as the device does not require construction of a tower or other structure exceeding 12 feet above the home or building and the device is no more than one meter in diameter in a Residential zone district or two meters in any other zone district.
(ii) 
Permit Types.
(A) 
Administrative Permit.
For those types of facilities that are allowed in the given zone district, and for qualified co-locations, an administrative permit (a permit issued by the Director) is required. The permit shall be processed and decided in accordance with GJMC § 21.02.040 and this subsection.
(B) 
Conditional Use Permit.
For those types of facilities that require a Conditional Use Permit, the Director shall review the application and make a recommendation to the Planning Commission who shall hold a hearing on the application and who may approve, approve with conditions, or deny the application in accordance with GJMC § 21.02.050(f) and this subsection.
(C) 
Right-of-Way Work/Use Permit.
Facilities/structures located in the right-of-way shall be placed so as not to interfere with vehicular or pedestrian use of the rights-of-way or with traffic safety. Any/all work in the right-of-way requires a separate permit pursuant to the City's right-of-way management ordinance. The provider shall comply with all the provisions and terms of the right-of-way management ordinance and right-of-way work permit. As-built construction drawings shall be provided to the City for all structures, equipment, cable, pipes, and conduit located within the right-of-way or within a public or City-owned utility or multipurpose easement, that must include, for fiber optic cable, the number of strands of fiber in the conduit.
(D) 
Consolidated Application/Permit.
For the following facility types, the applicant shall be allowed, at the applicant's discretion, to file a single, consolidated application for multiple facilities and receive a single review/permit/decision instead of filing separate applications for each facility (however, right-of-way work permit(s) may also be required):
a. 
For small cell networks involving multiple individual small cell facilities within the City; and
b. 
For an applicant desiring to co-locate on several wireless service facilities within the City.
(E) 
Shadow Conduit.
For all telecommunications facility development/installation that involves trenching or excavation in the right-of-way or in a public or City-owned utility or multipurpose easement, the applicant shall notify the City 30 days prior to commencing such excavation and provide the City the opportunity to install conduit in the same trench/excavation area. The City will pay for the incremental costs of the shadow conduit only.
(iii) 
General Requirements Applicable to All Telecommunications Facilities.
(A) 
Signage.
Commercial messages shall not be displayed on any tower, support structure or ancillary structure, unless the tower is concealed and the means of concealment is or includes an existing sign or unless a sign is serving as a dual purpose facility or a base station. Required noncommercial signage shall be subject to the following:
a. 
The only signage that is permitted upon a concealed tower, equipment cabinet, shelter or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable.
b. 
If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of each letter four inches, the following: "HIGH VOLTAGE - DANGER."
c. 
Name plate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.
(B) 
Lighting.
Lighting on PWSF towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:
a. 
Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required with strobe during daytime and red flashing lights at night unless prohibited by the FAA.
b. 
Lights shall be filtered or oriented so as not to project directly onto surrounding property or rights-of-way, consistent with FAA requirements.
(iv) 
Siting of Telecommunications Facilities.
(A) 
Compliance with Siting Preferences.
For every application for siting of new telecommunications facilities on or above ground level (except temporary PWSF and co-locations), the applicant must submit an affidavit by a radio frequency engineer demonstrating compliance with the siting preferences of Subsection (e)(5)(x). Where a lower ranking alternative is proposed, the affidavit must address why each of the higher ranked options are not technically feasible, practical, and/or justified.
(B) 
Where the application is for siting of PWSF, whether for a new facility, modification of existing facility, replacement facility or co-location, and whether the permit is administrative or a Conditional Use Permit, the following additional decision-making requirements apply:
a. 
If the application is denied, the decision maker shall issue the decision in writing, including the basis for the denial, which must be supported by substantial evidence contained in a written record. The written basis for the decision must be issued contemporaneously with the decision.
b. 
The application cannot be denied, nor can conditions be applied or required, based upon considerations of radio frequency (RF) emissions safety, other than to require the applicant to demonstrate that all applicable FCC rules are satisfied.
(v) 
Streamlined Processing for Co-Location of PWSF.
(A) 
If the applicant believes its co-location application is an eligible facilities request or a qualified co-location request, the applicant must submit:
a. 
A complete co-location application specifically requesting streamlined processing and stating the applicable permitting time frame (e.g., 60 days for eligible facilities request or 90 days for qualified co-location request);
b. 
Documentation evidencing that any structure proposed to be replaced or modified has previously been subject to zoning/development approval by the City;
c. 
Documentation evidencing the replacement/modification does not create a substantial change in the underlying support structure or tower, or a statement that it does create a substantial change;
d. 
Documentation that the proposed modifications will be used to provide personal wireless services.
(B) 
The Director shall review and decide applications for co-location of PWSF.
(C) 
The Director will notify the applicant within 30 days of submission (or within some other mutually agreed upon time frame) if the submission is incomplete, identifying the specific deficiencies in the application which, if cured, would make the application complete.
(D) 
Upon notice of deficiency, the timeline for a decision shall be tolled until the applicant resubmits to correct such deficiency. The City shall, within 10 days of resubmission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional resubmission deficiency period until the second resubmission. Upon resubmitting of the revised application the City shall follow the process identified in this section, above, until all deficiencies identified are deemed cured.
(E) 
If the Director fails to provide such notification, the application will be deemed complete.
(F) 
The Director's decision shall be in writing and shall be postmarked to the applicant within 60 days after the initial submission, excluding any tolling period, for an eligible facilities request, or, for a qualified co-location, within 90 days after the initial submission, excluding any tolling period, or within some other mutually agreed upon time frame.
(G) 
If the City does not respond in writing to an eligible facilities request within the specified time frame, the application shall be deemed approved. If the City does not respond in writing to a request for a qualified co-location within the specified time frame, the applicant may pursue its remedies established by federal or state law.
(vi) 
Timing for Review of New PWSF Tower Applications.
A new PWSF tower, whether concealed or nonconcealed, shall be reviewed and a decision rendered within 150 days of receipt of the application, subject to any applicable tolling for application deficiencies and resubmissions as described in Subsection (e)(5)(iv), so long as the applicant demonstrates that the facilities will be used, immediately upon completion of construction, to provide personal wireless services, or within such other mutually agreed upon time. ("Spec" towers are not entitled to review and decision within 150 days, or to any of the other protections of the Telecommunications Act.) Construction permits issued for new PWSF towers shall be valid for a term of 18 months and shall lapse and be void if construction of the contemplated PWSF structure is not completed within that time.
(vii) 
Application and Fees.
(A) 
Application materials required for telecommunications facilities shall be in accordance with this section and with the specific application requirements in the City's Submittal Standards for Improvements and Development (SSID) Manual. The application form and requirements are specific to the type of telecommunications facility.
(B) 
The City Council shall establish fees to cover or offset the processing cost of all permits under this section which will be included in the development fee schedule. Every application for a telecommunications facility shall be accompanied by the full payment of the fee established for the type of facility requested. Payment of fees is required in order for an application to be considered complete. The fee shall not be, in whole or in part, deferred or waived.
(C) 
The City reserves the right to require, in its sole discretion, a supplemental review by experts for any application for a telecommunications facility where the complexity of the analysis requires technical expertise, and/or for any request to vary a standard under Subsection (e)(5)(xix), and all the costs of such review shall be borne by the applicant, in addition to scheduled fees.
(D) 
Based on the results of the supplemental review, City staff responsible for the initial application review may require changes to or supplementation of the applicant's submittal(s).
(E) 
The supplemental review may address any or all of the following:
a. 
The accuracy and completeness of the application and any accompanying documentation.
b. 
The applicability of analysis techniques and methodologies.
c. 
The validity of conclusions reached.
d. 
Whether the proposed telecommunications facility complies with the applicable approval criteria and standards of this Code and other applicable law.
(viii) 
Abandonment/Discontinued Use.
(A) 
All telecommunications facility structures, equipment, fencing and devices shall be removed from the property and the site returned to its natural state and topography and vegetated consistent with the natural surroundings or current surrounding land uses at the property owner's and/or service provider's expense within 180 days of cessation of use, or within 90 days of cessation of use if the abandonment is associated with a replacement.
(B) 
The City may extend the time for removal and site restoration up to 60 additional days if the owner or service provider requests and shows good and unique cause for the extension.
(C) 
If removal and/or site restoration is not accomplished within the prescribed time, the City may initiate removal and restoration within 30 days following written notice to the property owner, and the property owner and service provider shall be jointly and severally responsible for all costs associated with the removal and restoration.
(D) 
Conduit and/or fiber optic cable, whether below or above ground, that is or has been abandoned or the use of which is discontinued for one year shall become the property of the City of Grand Junction. Easements for the maintenance of such conduit/cable shall also become the property of the City of Grand Junction, which shall have all the benefit and interest of the original easement holder with respect to installation, maintenance, and repair of conduit/cable.
(ix) 
No Interference with Public Safety Communications.
(A) 
Applicant shall, regardless of the type of facility, comply with "Good Engineering Practices" as defined by FCC regulations and shall provide a composite analysis of all users of the site to determine that the proposed facilities will not cause radio frequency interference with any governmental public safety communications and shall implement appropriate technical measures to prevent such interference.
(B) 
When the City notifies a wireless service provider that it believes the provider's antenna(s) or array(s) are creating such interference, the provider shall investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Enhanced Best Practices Guide," released by the FCC in Appendix D of FCC 04-168 (released August 6, 2004), including the "Good Engineering Practices," as may be amended or revised by the FCC from time to time in any successor regulations.
(C) 
If the provider fails to comply with this Subsection (e)(5)(ix), including but not limited to by initiating an appropriate response within 24 hours of the City's notification, the provider and the property owner shall be jointly and severally responsible for reimbursing the City for all costs associated with ascertaining and resolving the interference.
(x) 
Siting Preferences for New Telecommunications Facilities.
Siting of new PWSF of any type shall be in accordance with the siting preferences below and with Table 21.04-1: Principal Use Table. Broadcast towers are not subject to the siting preferences. Broadcast towers shall not be located on a Wireless Master Plan priority site; those are reserved and planned for PWSF and public safety telecommunications facilities. Where a lower ranked alternative is proposed, the applicant must demonstrate through relevant information including, but not limited to, an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed facilities, by clear and convincing evidence. The applicant must provide such evidence in its application in order for the application to be considered complete. The siting preferences are, in order:
(A) 
Co-located or combined PWSF.
(B) 
Concealed antenna(s) on a base station.
(C) 
Nonconcealed antenna(s) on a base station.
a. 
On a Wireless Master Plan priority site.
b. 
On City-owned property in any nonresidential zone district.
c. 
On other public property in any nonresidential zone district.
d. 
On nonpublic property in the following zone districts, ranked highest to lowest:
1. 
I-2, I-1, or I-OR.
2. 
C-2.
3. 
MU-2.
4. 
P-2.
5. 
P-1.
6. 
Other zone districts in accordance with Table 21.04-1: Principal Use Table.
(D) 
Replacement of existing telecommunications facility in any zone district.
(E) 
Dual purpose facility.
(F) 
Concealed small cell site.
(G) 
Nonconcealed small cell site.
(H) 
Distributed Antenna System.
a. 
Attached.
1. 
Concealed on City-owned property, right-of-way, or public easement.
2. 
Concealed on other public property.
3. 
Concealed on nonpublic property.
4. 
Nonconcealed on City-owned property, right-of-way, or public easement.
5. 
Nonconcealed on other public property.
6. 
Nonconcealed on nonpublic property.
b. 
New Freestanding DAS Facility.
1. 
Concealed on City-owned property, right-of-way, or public easement.
2. 
Concealed on other public property.
3. 
Concealed on nonpublic property.
4. 
Nonconcealed on City-owned property, right-of-way, or public easement.
5. 
Nonconcealed on other public property.
6. 
Nonconcealed on nonpublic property.
(I) 
Concealed Freestanding Towers.
a. 
On a Wireless Master Plan priority site.
b. 
On City-owned property in any nonresidential zone district.
c. 
On other public property in any nonresidential zone district.
d. 
On nonpublic property in the following districts, ranked highest to lowest:
1. 
I-2 or I-1.
2. 
CG.
3. 
MU-2.
4. 
Other zone districts, in accordance with Table 21.04-1: Principal Use Table.
e. 
Preferred Concealment Type (Wherever Located):
Concealment types listed below are general preferences, in no particular order. The appropriate means of concealment will depend upon the structures and developed features already existing in the area. Innovative concealment is encouraged so long as it is visually integrated into the immediate surroundings.
1. 
Tree of a type naturally occurring or normally found in the geographic area.
2. 
Church steeple.
3. 
Bell or clock tower.
4. 
Belfries, domes, or chimneys.
5. 
Elevator towers.
6. 
Flag poles.
7. 
Water towers.
8. 
Cupolas.
9. 
Other architectural or art feature.
021 Fig 04-03-3 Ex of Concealed Facs.tif
Figure 04.03-3 Examples of Concealed Facilities
(J) 
Nonconcealed Towers.
a. 
On a Wireless Master Plan priority site.
b. 
On City-owned property in any nonresidential zone district.
c. 
On other public property in any nonresidential zone district.
d. 
On nonpublic property in the following districts, ranked highest to lowest:
1. 
I-2;
2. 
I-1;
3. 
CG;
4. 
MU-2.
e. 
Preferred Tower Type (Wherever Located):
1. 
Monopole.
2. 
Lattice.
3. 
Guyed.
(xi) 
Temporary PWSF Specifications and Requirements.
Temporary PWSF shall be permitted by the Director where all of the following are met:
(A) 
It will be in place for no more than 60 days (subject to a one time extension of an additional 60 days for good cause);
(B) 
Notification of construction is provided by the applicant to the FAA;
(C) 
It does not require marking or lighting by the FAA;
(D) 
It will be less than 200 feet in height; and
(E) 
It does not involve any excavation (or excavation where prior disturbance exceeds proposed excavation by at least two-feet).
(xii) 
Telecommunications Facility Co-Location and Combination.
The City requires co-location and combining of telecommunications facilities on existing towers, existing base stations or existing alternative support structures (dual purpose facilities) as a highest priority where such co-location is possible. A permit shall be required for co-location of facilities on an existing tower, existing base station, or dual purpose facility. Co-location or combination of telecommunications facilities requires an administrative permit, and is subject to the following:
(A) 
A co-located or combined antenna or antenna array shall not exceed the maximum height prescribed in the applicable land use permit or increase the height of an existing tower by more than 20 feet and shall not affect any tower lighting, except as provided for herein below. A PWSF co-location that does not create a substantial change in the tower or support structure shall be approved within 60 days (subject to tolling) in accordance with Subsection (e)(5)(iv).
(B) 
If the applicant who seeks to co-locate PWSF demonstrates a coverage gap that cannot be addressed by a co-location that meets Subsection (e)(5)(xii)(A), the applicant may request a Variance of the height limitation in accordance with Subsection (e)(5)(xix). If the co-location is a qualified co-location under 47 U.S.C. § 332(c)(7)., the Director shall render a decision within 90 days, subject to tolling, in accordance with Subsection (e)(5)(iv) of this section.
(C) 
New antenna mounts shall be flush-mounted onto existing structures where flush mounting was a condition of the original approval, unless it is demonstrated through radio frequency (RF) propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area, or unless applicant demonstrates that flush-mounting would interfere with existing antenna mounting or coax arrangements that were previously approved.
(D) 
The equipment cabinet shall be subject to the setback requirements of the underlying zone district.
(E) 
When a co-located or combined antenna is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.
(F) 
No signage shall be permitted on an antenna or antenna array that is combined with or co-located on an alternative support structure; however, the support structure may itself be an existing sign, so long as the sign was approved through a non-telecommunications facility development permit or Sign Permit.
(xiii) 
New Base Stations - Concealed and Nonconcealed.
(A) 
Antennas and equipment may be mounted onto a structure that is not primarily constructed for telecommunications purposes in accordance with Table 21.04-1: Principal Use Table. A permit is required for base station antennas and equipment mounted onto such an alternative structure. In Residential zone districts, the following structures shall not be used as base stations or to support PWSF or commercial antenna(s): single-unit detached dwelling, single-unit attached dwelling, duplex dwelling, multi-unit dwelling of fewer than three stories in height, any use categorized as group living in Table 21.04-1: Principal Use Table, or adult or child day care center.
(B) 
If the facility is concealed, the top of antenna(s) shall not be more than 35 feet above the existing or proposed building or structure, except that antenna(s) located on the perimeter of the supporting structure shall not be more than 10 feet above the supporting structure.
(C) 
If the facility is nonconcealed, the top of the antenna shall not be more than 20 feet above the existing or proposed building or structure and shall not be located on the perimeter of the supporting structure.
(D) 
New antenna mounts shall be flush-mounted onto existing structures unless it is demonstrated through radio frequency (RF) propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
(E) 
New antenna mounts shall meet the setbacks and height restrictions of the underlying zone district.
(F) 
When attached base station antenna(s) and equipment is/are to be located on a nonconforming building or structure, the existing permitted nonconforming setback or height shall prevail.
(G) 
Concealed base station attached antennas, feed lines and antennas shall be designed to architecturally match the facade, roof, wall, and/or structure on which they are affixed so that they blend with the existing structural design, color, and texture.
(H) 
No signage shall be allowed on an antenna or antenna array that is located on an alternative structure; however, the alternative structure itself may have a sign that was otherwise approved as part of a non-telecommunications facility development application or Sign Permit.
(xiv) 
Antenna Element Replacement or Modification.
A permit is required for any replacement or modification of existing antenna(s) and associated equipment, and the replacement or modification shall comply with the following:
(A) 
Height.
The increase in height of a PWSF that is modified shall not create a "substantial change" in the PWSF.
(B) 
Equipment Cabinets and Equipment Shelters.
Electronic equipment shall be contained in either a) equipment cabinets or b) equipment shelters. Equipment cabinets shall not be visible from pedestrian and right-of-way views. Equipment cabinets may be provided within the principal building on the lot, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
(C) 
Sounds.
No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are allowed. Sound levels shall not exceed 65 decibels as measured at the property boundaries for the facility.
(xv) 
Tower/Support Structure Replacement.
(A) 
Permit Required.
A permit is required for replacement of a tower and support structure. The applicant must demonstrate by clear and convincing competent evidence that replacement will accomplish at least one of the following:
a. 
Reduction in the number of telecommunications facility support structures or towers;
b. 
Replacement of a nonconcealed tower with a concealed tower;
c. 
Significant reduction of the visual impact of a telecommunications facility;
d. 
Replacement of an existing tower with a new tower so as to improve network functionality resulting in compliance with this section; and/or
e. 
Replacement of an existing support structure to increase the number of personal wireless service providers located on such structure.
(B) 
Development Standards.
a. 
Setbacks.
A new tower approved for replacement shall not be required to meet new setback standards so long as the new tower and its equipment compound are no closer to any property lines or dwelling units as the tower and equipment compound being replaced. The intent is to encourage the replacement process, not penalize the tower owner for the change out of the old facility. (For example, if a new tower is replacing an old tower, the new tower is permitted to have the same setbacks as the tower being removed, even if the old tower had nonconforming setbacks.)
b. 
Height.
The height of the replacement tower or support structure shall not create a substantial change of the facility being replaced.
c. 
Breakpoint Technology.
A replacement monopole tower shall use breakpoint technology in the design of the replacement facility.
d. 
Visibility.
Replacement towers or support structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots.
e. 
Construction Standards.
All replacement towers shall be constructed and maintained to meet ANSI/EIA/TIA-G (as amended) Series III, Exposure C structural standards.
(xvi) 
DAS and Concealed Small Cell Facilities.
(A) 
Attached DAS Development Standards.
a. 
Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building or structure to maximize concealment. The top of the antenna(s) shall not exceed more than seven feet above the tallest level of the structure on which it is attaching.
b. 
Attached equipment box and power meter is discouraged; however, if attachment is justified, equipment box and meter shall be located on the pole at a height that does not interfere with pedestrian or vehicular traffic or visibility and where applicable shall not interfere with street name signs or traffic lighting standards.
c. 
Freestanding equipment box and/or power meter not attached to an existing structure shall be located no farther than two feet from the base of the structure and shall not interfere with pedestrian or vehicular traffic. Screening materials may be required if the equipment box and/or meter are adjacent to a right-of-way or along a pedestrian sidewalk or pathway.
d. 
All cables shall be installed internally; but where internal mounting is not possible, surface mounted wires shall be enclosed within conduit or a similar cable cover which should be painted to match the structure or building on which that DAS is mounted.
(B) 
New Freestanding DAS Facility and Concealed Small Cell Facility Development Standards.
a. 
Height.
The total height of DAS facility/small cell facility including antenna shall not exceed one foot above the height of existing public utility poles for power or light in the same geographic area.
b. 
Setbacks.
Setbacks for DAS/small cell outside of the right-of-way shall meet the same setbacks of the underlying zone district for similar structures.
c. 
Ground Equipment.
1. 
The use of foliage and vegetation around ground equipment may be required by the City based on conditions of the specific area where the ground equipment is to be located.
2. 
In order to avoid the clustering of multiple items of ground equipment in a single area, a maximum of two ground equipment boxes may be grouped together in any single location. In addition, such locations must be spaced a minimum of 500 linear feet of right-of-way apart from each other.
3. 
Individual ground equipment boxes shall not exceed three feet wide by three feet deep by five feet high in size.
4. 
The size and height of new freestanding DAS and concealed small cell facility poles shall be no greater than the size and height of any other telecommunications facility poles located in the same or similar type of rights-of-way in the City.
d. 
Visibility of New DAS/Small Cell Poles.
1. 
New DAS/small cell structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots. Concealment design is required to minimize the visual impact of wireless communications facilities.
2. 
All cables, conduits, electronics, and wires shall be enclosed within the structure.
3. 
Small cell facilities shall be no larger in size than what is specified in the definition.
4. 
New DAS/small cell structures shall be located in arterial rights-of-way whenever possible. Placement of new DAS/small cell structures in rights-of-way other than arterials shall be justified by an engineering analysis from the applicant to the satisfaction of the city engineer prior to the issuance of any permit. Whenever new DAS/small cell structures must be placed in a right-of-way with residential uses on one or both sides of the street, no pole, equipment, antenna, or other structure may be placed directly in front of a residential structure. If a right-of-way has residential structures on only one side of the street, the new DAS/small cell structure shall be located on the opposite side of the right-of-way whenever possible. All new DAS/small cell structures shall be located such that views from residential structures are not significantly impaired. Newly installed poles for new DAS/small cell structures should be located in areas with existing foliage or other aesthetic features in order to obscure the view of the pole.
5. 
New DAS/small cell structures located in rights-of-way shall be constructed and maintained so as not to interfere with, displace, damage, inhibit or destroy any other utilities or facilities, including but not limited to sewer, gas or water mains or service lines, storm drains, pipes, cables or conduits, or any other facilities lawfully occupying the right-of-way, whether public or private. All wireless communications facilities shall be placed and maintained so as not to create interference with the operations of public safety telecommunications service. The City reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other utilities and facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in rights-of-way occupied by the new DAS/small cell structure.
e. 
Equipment Cabinets.
Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character if applicable. Equipment shelters or cabinets shall be screened from the public view by using landscaping, or materials and colors consistent with the surrounding backdrop.
1. 
Screening enclosures shall be allowed when the design is architecturally compatible with the building.
2. 
Screening materials shall consist of materials and colors consistent with the surrounding backdrop and/or textured to match the existing structure.
3. 
The use of foliage and vegetation around ground equipment may be required based on conditions of the specific area where the ground equipment is to be located.
4. 
Small cell equipment cabinets shall comply with the size requirements set forth in the definitions above.
(C) 
DAS Hub Development Standards.
a. 
Setbacks.
Setbacks for DAS hubs outside of the right-of-way shall meet the setback standards of the underlying zone district.
b. 
DAS Hub.
Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character if applicable. Equipment shelters or cabinets shall be screened from the public view by using landscaping, or materials and colors consistent with the surrounding backdrop.
1. 
Screening enclosures shall be allowed when the design is architecturally compatible with the building.
2. 
Screening materials shall consist of materials and colors consistent with the surrounding backdrop and/or textured to match the existing structure.
3. 
The use of foliage and vegetation around ground equipment may be required based on conditions of the specific area where the ground equipment is to be located.
(xvii) 
Concealed and Nonconcealed Telecommunications Towers (Not Including DAS or Broadcast Tower).
(A) 
Procedure.
a. 
A Pre-Application Meeting is required for a new telecommunications tower. A permit and a Major Site Plan review shall be required for a new telecommunications tower. The permit required may be an administrative permit or a Conditional Use Permit, depending upon the zone district and/or whether or not the site is a priority site on the Wireless Master Plan.
b. 
No new tower shall be permitted unless the applicant demonstrates that no existing tower or qualified alternative support structure can accommodate the applicant's proposed use, or that co-location on such existing facilities would have the effect of prohibiting personal wireless services in the geographic search area to be served by the proposed tower.
(B) 
Development Standards.
a. 
Height.
1. 
New concealed towers shall be limited to 200 feet in height. Height calculations shall be made in accordance with FAA standards, and shall include all appurtenances.
2. 
New nonconcealed (nonbroadcast) towers shall be limited to 150 feet in height. An applicant desiring a new nonconcealed tower taller than 150 feet must request a Variance in accordance with Subsection (e)(6)(xix). However, under no circumstance shall any nonconcealed tower exceed 199 feet.
b. 
Setbacks and Spacing from Residential Structures.
A new tower shall be subject to the principal structure setbacks of the underlying zone district, and, with respect to any residential structure on adjacent property:
1. 
If the tower has been constructed using breakpoint design technology, the minimum distance from any residential structure shall be equal to 110% of the distance from the top of the structure to the breakpoint level of the structure, or the minimum principal structure setbacks, whichever is greater. Certification by a registered professional engineer licensed by the State of Colorado of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant. (For example, on a 100-foot-tall monopole with a breakpoint at 80 feet, the minimum distance from the residential structure would be 22 feet (110% of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum principal structure setback requirements for that zone district.)
2. 
If the tower is not constructed using breakpoint design technology, the minimum distance from any residential structure shall be equal to the height of the proposed tower.
c. 
Equipment Cabinets and Equipment Shelters.
Electronic equipment shall be contained in either a) equipment cabinets or b) equipment shelters. Equipment cabinets shall not be visible from pedestrian and right-of-way views. Equipment cabinets may be provided within the principal building on the lot, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
d. 
Fencing.
All equipment compounds shall be enclosed with an opaque fence or masonry wall in Residential zone districts and in any zone district when the equipment compound adjoins a right-of-way. Alternative equivalent screening may be approved through the site plan approval process described in Subsection (e)(5)(xvii)(B)e below.
e. 
Buffers.
The equipment compound shall be landscaped with a minimum ten-foot-wide perimeter buffer containing the following planting standards:
1. 
All plants and trees shall be indigenous to this part of Colorado.
2. 
Existing trees and shrubs on the site should be preserved and may be used in lieu of required landscaping as approved by the Community Development Department.
3. 
One row of evergreen trees with a minimum two-inch caliper, twenty-five-foot on center.
4. 
Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five feet shall be planted, minimum three-gallon or 24 inches tall at the time of planting, five-foot on center.
5. 
Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative locating on the entire subject property may be considered and approved by the Director, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of this section.
f. 
Equipment Compound.
The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
g. 
Structural Standards.
All new concealed or nonconcealed PWSF towers shall be constructed and maintained to meet ANSI/EIA/TIA-G (as amended) Series III, Exposure C structural standards.
h. 
Visibility.
1. 
Concealed.
i. 
New concealed towers shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture.
ii. 
New antenna mounts shall be concealed and match the concealed tower.
iii. 
In Residential zone districts and in Mixed-Use zone districts that include residential uses, new concealed towers shall not be permitted on lots where the principal use or principal structure is single-unit detached dwelling, single-unit attached dwelling, duplex dwelling, multi-unit dwelling of fewer than three stories in height, any use categorized as group living in Table 21.04-1: Principal Use Table, or adult or child day care center of fewer than three stories. Examples of land uses/structure types in residential areas where the site may include a concealed tower are: school, religious assembly, fire station, stadium tower or stand, or other similar institutional/civic uses/structures.
2. 
Nonconcealed.
New antenna mounts shall be flush-mounted unless the applicant can demonstrate that flush-mounted antennas will not reasonably meet the network objectives of the desired coverage area or that more co-locations will be available on the tower if flush-mounting is not required.
3. 
Concealed and Nonconcealed.
i. 
New concealed and nonconcealed towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties.
ii. 
A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height and concealment solution of the PWSF. The applicant shall arrange to raise a red or orange colored balloon no less than three feet in diameter at the maximum height of the proposed tower, and within 25 horizontal feet of the center of the proposed tower. The applicant shall meet the following for the balloon test:
(1) 
Applicant must inform the Community Development Department and abutting property owners in writing of the date and times, including alternative date and times, of the test at least 14 days in advance.
(2) 
A three-foot-by-five-foot sign with lettering no less than three inches high stating the purpose of the balloon test shall be placed at closest major intersection of proposed site.
(3) 
The date, time, and location, including alternative date, time, and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven but no more than 14 days in advance of the test date.
(4) 
The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather, including wind speed, during the balloon test.
(5) 
Re-advertisement will not be required if inclement weather occurs.
iii. 
Towers shall be constructed to accommodate antenna arrays as follows:
(1) 
Up to 120 feet in height shall be engineered and constructed to accommodate no fewer than four antenna arrays.
(2) 
All towers between 121 feet and 150 feet shall be engineered and constructed to accommodate no fewer than five antenna arrays.
iv. 
Grading shall be minimized and limited only to the area necessary for the new tower and equipment compound.
v. 
No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are allowed. Sound levels shall not exceed 65 decibels as measured at the property boundaries.
(xviii) 
Broadcast Towers.
No new broadcast facilities shall be constructed or installed without a site plan review and a permit under this section. No new broadcast facilities shall be permitted unless the applicant provides a valid FCC construction permit and demonstrates that no existing broadcast tower can accommodate the applicant's proposed use. A Pre- Application Conference shall be required for any new broadcast facility.
(A) 
Height.
Height for broadcast facilities shall be evaluated on a case-by-case basis; the determination of height contained in the applicant's FCC Form 351/352 construction permit or application for construction permit and an FAA determination of no hazard (FAA Form 7460/2) shall be considered prima facie evidence of the tower height required for such broadcast facilities.
(B) 
Setbacks.
New broadcast facilities and anchors shall be set back a minimum of 500 feet from any single-unit detached dwelling on the same zone lot; and a minimum of one-foot for every one-foot of tower height from all adjacent lots of record.
(C) 
Equipment Cabinets.
Except for AM broadcast facilities, cabinets shall not be visible from pedestrian views.
(D) 
Fencing.
All broadcast facility towers, AM antenna(s) towers, and guy anchors shall each be surrounded with an anti-climbing fence compliant with applicable FCC regulations.
(E) 
Buffers.
a. 
Except for AM broadcast facilities, it is the intent that all pedestrian views from rights-of-way and adjacent residential land uses be screened from proposed broadcast facilities. AM broadcast facilities shall, where practicable, use artificial screening devices in lieu of natural vegetation for screening its ground equipment located at the base of AM tower(s).
b. 
Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the entire subject property on which the proposed facility is projected may be considered and approved by the Planning Division, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of this section.
(F) 
Signage.
a. 
Commercial messages shall not be displayed on any tower.
b. 
The only signage that is permitted upon an antenna support structure, equipment cabinets, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility; i.e., the address and telephone number, security or safety signs, and property manager signs (if applicable).
c. 
If more than 220 volts are necessary for the operation of the facility, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter four inches) the following: "HIGH VOLTAGE - DANGER."
(G) 
Lighting.
a. 
Lighting on towers shall meet and not exceed the FAA minimum standards.
b. 
Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA. The lights shall be oriented so as not to project directly onto surrounding property, consistent with FAA requirements.
(H) 
Equipment Compound.
The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
(I) 
Grading.
Grading shall be minimized and limited only to the area necessary for the new tower and equipment.
(J) 
Sounds.
No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are allowed. Sound levels shall not exceed 65 decibels as measured at the closest property boundaries for the facility.
(K) 
Parking.
The required parking space shall be provided within the leased area, or equipment compound or the development area as defined on the site plan.
(xix) 
Variance - PWSF Only.
The purpose of this subsection is to ensure that land use decisions with respect to siting of personal wireless service facilities (PWSF) comply with 47 U.S.C. § 332(c)(7)(B).
(A) 
From time to time, due to unique characteristics specific to a single application, such as terrain, existing infrastructure, or other factors unique to the particular location and proposed PWSF thereon, strict application of a specific development standard for siting of PWSF could have the effect of unreasonably discriminating among providers of functionally equivalent services within the meaning of 47 U.S.C. § 332(c)(7)(B)(i)(I) or of prohibiting personal wireless services within the meaning of 47 U.S.C. § 332(c)(7)(B)(i)(II). In such a case the applicant, so long as the applicant is a provider of personal wireless services who will be using the facility for provision of personal wireless services, may seek a Variance from such standard under this section. Considerations of increased financial costs are not unique characteristics and shall not constitute a valid basis for a Variance under this subsection. Moreover, the only development standards from which a Variance can be sought/approved under this subsection are the following:
a. 
Maximum tower height;
b. 
Flush mounting requirement; and
c. 
Maximum height of antenna above base station/supporting structure (for nonconcealed PWSF only).
(B) 
To obtain a Variance under this subsection, the provider must demonstrate by clear and convincing evidence that:
a. 
Due to characteristics specific and unique to the particular facilities and location, strict application of the development standard would not permit the applicant to address a demonstrable coverage gap or would result in unreasonable discrimination among providers of functionally equivalent services; and
b. 
There is no reasonable alternative available, other than varying the standard, to address the demonstrable coverage gap or to avoid unreasonable discrimination among providers of functionally equivalent services, including but not limited to use of another site, co-location on another facility, or modification of the proposed facility so as to meet the applicable standard; and
c. 
The extent of the variance proposed is the minimum necessary to address the demonstrable coverage gap or to avoid unreasonable discrimination among providers of functionally equivalent services, as confirmed by qualified, independent third-party review of the proposal.
(C) 
The decision-maker for the Variance shall be the decision-maker for the underlying permit type required in accordance with this section and with Table 21.04-1: Principal Use Table. For example, if the facility requires an administrative permit, the Director shall decide the Variance request. If the facility requires a Conditional Use Permit, the Planning Commission shall decide the Variance request.
(6) 
Transmission Line.
In the CG, I-OR, I-1, and I-2 zone districts, a Conditional Use Permit is required for above ground transmission lines.
(7) 
Junkyard or Salvage Yard.
(i) 
Screening.
Stored items shall not project above the screening except for integral units as defined in GJMC § 21.14.020 and stacking of no more than two vehicles on top of a wheel stand. Integral units shall include shelving up to 20 feet in height for the purpose of storing recyclable materials. Integral units shall not be stored within the first 20 feet of the property from any street frontage property line.
(ii) 
Location.
No storage yard or storage lot shall be placed or maintained within a required setback.
(iii) 
Operations and Site Management.
(A) 
All compaction, cutting and/or other material volume reducing operations shall be conducted to minimize the noise generated by the operation.
(B) 
Unusable items shall be disposed of and not be allowed to collect on the premises.
(C) 
All tires not mounted on operational vehicles shall be neatly stacked or placed in racks. If stacked, the stacks shall not be over six-feet in height; if on racks, the top of any tire on any rack shall not be over 10 feet in height.
(D) 
No garbage or other putrescent waste, likely to attract vermin, shall be kept on the premises. Gasoline, oil, or other hazardous materials which are removed from scrapped vehicles or parts of vehicles kept on the premises shall be disposed of in accordance with applicable federal, state and local regulations.
(8) 
Medical and Hazardous Waste Transfer Facility.
(i) 
Exemptions.
A facility that provides temporary storage of hazardous or medical wastes generated on the site for a period not to exceed seven days or the time period allowed by the state is not subject to the provisions of this subsection.
(ii) 
Medical or Hazardous Waste Transfer Facility Report Requirements.
An application for a Conditional Use Permit for a medical or hazardous waste transfer facility shall include the submission of a hazardous waste facility siting report by the applicant. This report shall summarize and analyze all pertinent information regarding the proposed siting of the facility, and shall meet all other application requirements as set forth on the City's website.
(iii) 
Medical or Hazardous Waste Transfer Facility Review Requirements.
(A) 
In granting a Conditional Use Permit for a Medical or Hazardous Waste Transfer Facility, the City may establish reasonable conditions including, but not limited to:
a. 
Containment safeguards to prevent contamination of surface or groundwaters;
b. 
Buffering, screening and berming to ensure that operations or activities on site are adequately screened from off-site locations;
c. 
Noise levels at the property line shall not exceed the guidelines for community noise published in the American National Standard ANSI 53.23-1980, entitled "Sound Level Descriptions for Determination of Compatible Land Use,"[§ 25-12-103 C.R.S.];
d. 
Seismic vibrations, if any blasting is to occur during either construction or operations, are not to exceed the standard established in U.S. Bureau of Mines Bulletin 656;
e. 
All on-site roads, driveways, parking and loading areas shall be paved to limit fugitive dust;
f. 
Odors shall be controlled to the maximum extent practicable using the best available technology;
g. 
Access to the site shall not use residential streets;
h. 
Fiscal assurances in a specified amount, in a form mutually acceptable to the operator and the City, to guarantee the operator's performance during the operation, closure and post-closure period, and to provide financial assurance with respect to any third party claimants for personal injury or property damage by persons residing or owning property within a specified distance from the facility, which damage can be shown to be a direct consequence of facility operations;
i. 
Limitation of the hours of operation;
j. 
A surface water drainage system to provide runoff and erosion control that can accommodate a 100-year, twenty-four-hour storm and that any surface drainage which does come in contact with waste handled outside of sealed DOT approved containers is directed to an independent collection system;
k. 
Periodic monitoring of operations and stormwater runoff from the site. The facility operator shall reimburse the local government for their costs related to inspection, monitoring and other administration of facility operations;
l. 
Limitation of the types of waste which can be received at the site and standards ensuring that personnel are properly trained to handle wastes accepted at the site;
m. 
A franchise fee calculated to pay the City for the costs to review, monitor and enforce the permit;
n. 
To the extent that any technical environmental issues are raised, the operator, as part of the review process and prior to approval, shall reimburse the City for the cost of engaging the services of an independent expert to study and provide an opinion concerning the issues;
o. 
The operator shall allow the City and its designees to inspect the site during hours of operation without prior notice, to ensure that the facility is being operated in accordance with applicable conditions of approval;
p. 
Reimbursement to the City for the cost of special training, equipment and labor required for response to medical, fire and other emergencies; and
q. 
A yearly performance report for the facility. This report shall be presented to the Planning Commission annually and shall include, but not be limited to, the following:
1. 
Volume and chemical classification of the substances received;
2. 
Volume and chemical classification of the substances shipped from the site;
3. 
Accidents;
4. 
Location, type, and cause of the accident;
5. 
Number and type of spills on and off site;
6. 
Fires - Type and location;
7. 
List of corrective measures taken by the operator of the facility to prevent future occurrences;
8. 
Site testing data;
9. 
Number and type of violations found by E.P.A. or state inspectors; and
10. 
Street and traffic safety improvements.
r. 
An expiration date for the Conditional Use Permit approval.
(9) 
Natural Medicine Cultivation Facilities, Products Manufacturers, and Testing Facilities.
(i) 
Natural medicine cultivation facilities, products manufacturers, and testing facilities shall be allowed uses in any zone in which the Industrial, light use is allowed.
(ii) 
No natural medicine cultivation facility, products manufacturer, or testing facility shall be permitted to operate within 1,000 feet of any child daycare center or public or private school.
(iii) 
Subsection (e)(9)(ii) above shall not apply to a natural medicine cultivation facility, products manufacturer, or testing facility that was actively doing business under a valid license prior to any other use referenced in subsection (e)(9)(ii) being constructed.
(iv) 
No natural medicine cultivation facility, products manufacturer, or testing facility shall be permitted to operate in the City unless it is licensed by the State Licensing Authority.
(Ord. 5267, 7/16/2025; Ord. 5263, 6/18/2025; Ord. No. 5244, 1/15/2025; Ord. No. 5242, 12/4/2024; Ord. 5190, 12/20/2023)

§ 21.04.040 Accessory uses and structures.

(a) 
Purpose.
The purpose of this section is to:
(1) 
Establish and promote neighborhoods with integrity and character;
(2) 
Provide residents with the opportunity to use their property to enhance or fulfill personal objectives so long as the use of the property is not incompatible with this Code; and
(3) 
Provide an appropriate level of flexibility for the use of property while maintaining compatibility.
(b) 
Applicability.
Commonly allowed accessory uses are shown in Table 21.04-2, but that list does not include all possible uses that are secondary and subordinate to a principal use of land in each zone district. All principal uses allowed in a zone district shall be deemed to include those accessory uses, structures, and activities typically associated with the use, unless specifically prohibited in this Code and shall comply with all use-specific standards applicable to the use.
(c) 
General Standards for Accessory Uses and Structures.
(1) 
Subordinate to Principal Structure or Use.
No accessory building shall be constructed or used unless the principal building is also being used. The accessory use or structure shall be conducted and/or located on the same lot(s) as the principal use. The principal use and the accessory use shall be under the same ownership.
(2) 
Performance Standards.
Accessory structures or uses shall be constructed, maintained, and conducted in compliance with GJMC § 21.04.040(c)(2).
(3) 
Location.
In all zone districts, accessory structures shall not be located in the front yard or the exterior side yard of a corner lot unless approved by an Administrative Adjustment in accordance with GJMC § 21.02.040(c). Accessory dwelling units may be located in the front yard or exterior side yard of a corner lot.
(4) 
Accessory Structures.
(i) 
In Residential zone districts with a density of two units per acre or higher (R-2R and above), the size of accessory structures, except accessory dwelling units, will be limited to a maximum of 75% of the square footage of the principal structure. Accessory dwelling units are subject to the requirements in GJMC § 21.04.040(e)(1)(i).
(ii) 
For all other Residential zone districts, accessory structures will be allowed up to a maximum of 75% of the square footage of the principal structure or 10% of the parcel size, whichever is greater. In the R-R, R-ER, and R-1R zone districts, accessory structures incidental to the principal uses categorized as Agriculture and Animal Services in Table 21.04-1: Principal Use Table and used for agricultural activities shall be exempt from these size regulations.
(5) 
Design.
Accessory uses or structures shall have an appearance compatible with that of the neighborhood and shall have an appearance compatible with the character of the principal structure, building or use on the property. Determinations of compatibility shall include considerations of the height, scale, mass, or bulk of structures; architectural features; and building materials.
(d) 
Accessory Use Table.
 
Table 21.04-2: Accessory Use Table
A = Allowed Use C = Conditional Use
For accessory use regulations, see Table 21.04-2 in § 21.04.040
Zone Districts
R-R
R-ER
R-1R
R-2R
RL-4
RL-5
RM-8
RM-12
RH-16
RH-24
MU-1
MU-2
MU-3
CG
I-OR
I-1
I-2
P-1
P-2
Use-Specific Standards
Residential Uses
Accessory dwelling unit
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.040 (e)(1)(i)
Agricultural labor housing
A
A
Dwelling, business residence
A
A
A
A
A
A
A
§ 21.04.040 (e)(1)(ii)
Guest ranch
A
A
A
Household pets
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.040 (e)(1)(iii)
Other animals
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.040 (e)(1)(iv)
Public, Institutional, and Civic Uses
Home occupation, day care
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.040 (e)(2)(iii)
Commercial Uses
Agri-business
C
C
C
C
Animal agriculture
A/C
A/C
A/C
A/C
A/C
A/C
A/C
§ 21.04.030 (d)(2)
Drive-through facility
Office
C
A
A
A
A
A
A
§ 21.04.040 (e)(2)(i)
Restaurant
A
A
A
A
§ 21.04.040 (e)(2)(i)
Retail
C
A
A
A
A
§ 21.04.040 (e)(2)(i)
Electric vehicle (EV) charging facility
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Home occupation
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.040 (e)(2)(iii)
Outdoor display and sales
A
A
A
A
§ 21.04.040 (e)(2)(v)
Produce stand
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.040 (e)(2)(vi)
Industrial Uses
Antenna
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.040 (e)(3)(i)
Outdoor storage, accessory
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.040 (e)(3)(ii)
Recreation and commercial vehicles
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
§ 21.04.040 (e)(3)(iii)
Retail sales and service, small
A
A
Renewable energy facility, accessory
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
C
A
§ 21.04.040 (e)(3)(iv)
(e) 
Accessory Use-Specific Standards.
(1) 
Residential Uses.
(i) 
Accessory Dwelling Unit.
An accessory dwelling unit (ADU) is allowed only in conjunction with a single-unit attached dwelling, a single-unit detached dwelling, or a duplex dwelling. Any restrictions in an ODP or PD ordinance regarding accessory dwelling units that are more restrictive than the Code shall not be enforced. ADUs are not allowed in conjunction with cottage court dwellings. Any restrictions in an ODP or PD ordinance regarding accessory dwelling units that are more restrictive than the Code shall not be enforced. ADUs shall not be included in density calculations. A Planning Clearance is required for any ADU and an ADU must demonstrate compliance with the following:
(A) 
Maximum Number of ADUs.
a. 
A lot with one single-unit detached dwelling or a single-unit attached dwelling with two units in the structure may have two ADUs if at least one of the ADUs is attached to the principal dwelling unit (e.g., attic, basement, carriage house, etc.).
b. 
A duplex dwelling unit may have no more than one ADU on the lot.
(B) 
Site Layout.
a. 
The design and location of the ADU shall be clearly subordinate to the principal structure.
b. 
The ADU shall not be located in front of the principal structure.
c. 
An ADU may use the side setbacks for the principal structure.
d. 
On corner lots, an ADU may use the setbacks for the principal structure where the property abuts a roadway.
e. 
An accessory dwelling unit, attached or detached, may utilize a minimum rear setback that is the minimum rear setback for all accessory structures.
(C) 
Structure Requirements.
a. 
The ADU must meet all requirements of the building and fire codes.
b. 
The ADU shall not exceed 900 square feet of habitable space.
(ii) 
Business Residence.
(A) 
Occupancy.
A business residence is a principal residence of the owner, operator, or employee of the business that is located within a nonresidential structure. This section is not intended to permit general residential uses in nonresidential areas.
(B) 
General Standards.
The following conditions shall apply to all business residences:
a. 
The residential unit shall comply with all appropriate building and fire codes and with all applicable portions of this Code;
b. 
Only one dwelling unit per business or structure is allowed and it shall be occupied only by the owner, operator, or employee of the principal use;
c. 
The dwelling unit shall be located within a structure used primarily for business purposes; and
d. 
Other conditions as required through the site plan approval process.
(iii) 
Household Pets.
(A) 
In all zone districts, a maximum of three adult (four months or older) household pets, including, but not limited to, dogs, cats, pygmy and dwarf goats, per species, shall be allowed. In no event shall the total number of adult household pets exceed six.
(B) 
The requirements of Subsection (e)(1)(iii)(A) above shall not apply to those small animals kept within a residence as household pets, including, but not limited to fish, small birds (parakeets, parrots), rodents (mice, rats), and reptiles (nonpoisonous snakes, lizards).
(C) 
Dogs or cats kept confined in kennels shall be kept no closer than 20 feet from the nearest principal residential structure on an adjacent property, unless written permission for a lesser distance is obtained from the adjacent occupant or property owner. Such permission may be revoked at any time. Upon revocation, the owner of the animal shall have 30 days to move the animal so that compliance is achieved.
(iv) 
Other Animals.
(A) 
General.
Other animals may be kept only after obtaining approval from the Director.
(B) 
Racing Pigeons.
"Racing pigeon," by definition, is a pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted as such by the American Racing Pigeon Union, Inc., or the International Federation of Racing Pigeons Fanciers. Also commonly known as Racing Homer, Homing Pigeon, or Carrier Pigeon. The structure for the keeping of housing of pigeons permitted by this regulation is defined as a "loft." The keeping of pigeons as defined above shall be permitted on the following conditions which are, in part, recommended by the Avian Assistance Council and the American Racing Pigeon Union, Inc.:
a. 
The loft shall be of such sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition and shall contain at least one square foot of floor space for each mature pigeon kept therein.
b. 
The construction and location of the loft shall not conflict with the requirements of this Code or building code. The loft shall be enclosed except for the aviary portion which cannot exceed 20% of the floor area of the loft.
c. 
The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the City.
d. 
All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin.
e. 
A maximum of 50 performing birds shall be allowed on parcels of one-half acre or less. On parcels greater than one-half acre, a maximum of 100 performing birds shall be allowed. Performing birds are birds that leave the loft in training and for racing.
f. 
All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training, and competition; and at no time shall pigeons be allowed to perch or linger on the buildings or property of others. Pigeons shall be fed only in the confines of the loft.
g. 
No one shall release pigeons to fly for exercise, training, or competition except in compliance with the following rules:
1. 
The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the Grand Junction Racing Pigeon Club, The American Racing Pigeon Union, Inc., or other club that has rules that will help preserve the peace and tranquility of the neighborhood.
2. 
Pigeons will not be released for flying which have been fed within the previous four hours.
3. 
Pigeons shall be banded and registered with one of the national pigeon associations/registries.
4. 
A structure housing racing pigeons shall be no closer than 50 feet to any adjacent residential or commercial structure on another property.
(2) 
Commercial Uses.
(i) 
Drive-Through Facility.
(A) 
All drive-through facilities shall be designed and located to avoid impairing pedestrian mobility to or from the principal structure or creating risks to pedestrian safety.
(B) 
Drive-through facilities shall be clearly signed and marked to provide efficient flow through the facility.
(C) 
Drive-through lanes shall be set back at least 10 feet from a residentially zoned lot.
(D) 
All drive-through facilities shall comply with the loading and stacking standards as set forth in TEDS (GJMC Title 29).
(E) 
Drive-through windows, menu boards, speaker boxes, and drive-through lanes shall not be located between the designated front of the building pursuant to § 21.14.010(c)(iii) and the adjacent public right-of-way.
(F) 
Drive-throughs for restaurants and retail are not allowed within the boundaries shown in Figure 04.04-1.
021 Fig 04-04-1 Prohibited Rest and Retail Drive Thru Areas.tif
Figure 04.04-1
Prohibited Restaurant and Retail Drive-Through Areas
(ii) 
Electric Vehicle (EV) Charging Facility.
(A) 
EV charging facility spaces shall count toward the minimum off-street parking requirement and shall be located on the same lot as the principal use.
(B) 
EV charging facility spaces shall be signed for the charging of electric vehicles only.
(C) 
EV charging facility equipment shall be located so that it does not interfere with vehicular, bicycle, or pedestrian access and circulation, or with required landscaping.
(iii) 
Home Occupation, Daycare or Other.
(A) 
Applicability.
a. 
A home occupation, daycare or other is allowed in accordance with Table 21.04-2: Accessory Use Table.
b. 
All home occupations listed below shall not be subject to all applicable home occupation regulations and standards if all persons engaged in such activities reside on the premises and all applicable conditions are satisfied:
1. 
Artists, sculptors, composers not selling their artistic product to the public on the premises;
2. 
Craft work, such as jewelry-making and pottery with no sales permitted on the premises;
3. 
Home offices with no client visits to the home permitted;
4. 
Telephone answering and message services; and
5. 
Medical marijuana cultivation by a patient or primary caregiver; provided, however, that:
i. 
There shall not be more than one primary caregiver per dwelling unit growing, storing, or providing medical marijuana in any form to their patients;
ii. 
Such growing, storing or providing of medical marijuana is conducted in accordance with Article XVIII, Section 14 of the Colorado Constitution and § 25-1.5-106 C.R.S. as amended;
iii. 
The primary caregiver shall have not more than six plants per patient with a maximum of 30 plants for five patients being grown on the premises of the dwelling unit at any given time; and
iv. 
Accessory buildings such as a detached garage, shed, green house or other structure used for growing, storing, or providing medical marijuana must comply with all applicable zone district standards and building and fire code provisions.
(B) 
Prohibited Home Occupations.
The following home occupations are prohibited regardless of whether they comply with the standards of this subsection.
a. 
Occupations that involve highly combustible or hazardous materials. Occupations where the dimensions, power rating, or weight of equipment and tools used exceed that of normal household equipment and tools.
b. 
Occupations where the dimensions, power rating, or weight of equipment and tools used exceed that of normal household equipment and tools.
c. 
Animal care, boarding or sales.
d. 
Retail sales.
e. 
Medical, dental, or animal clinics.
f. 
Personal services, except low-volume operations, such as a beauty shop and seamstress.
g. 
Escort services.
h. 
Heavy equipment or vehicle repair.
i. 
Any other use that is not listed as an allowed or conditional use in any zone district in the City.
(iv) 
Requirements and Restrictions.
Unless otherwise waived by the Director, all home occupations shall comply with the following:
(A) 
Number of Home Occupations.
There shall be no limitations on the number of home occupations allowed for each property so long as the combined operations for each occupation do not exceed the requirements of this section.
(B) 
Resident Operated.
The home occupation shall be operated by a full-time resident of the property.
(C) 
Number of Employees.
A home occupation shall not employee nonresident employees, unless the Director determines that there will be minimum impact to the surrounding properties, in which case one additional nonresident employee is allowed.
(D) 
Maximum Floor Area.
A home occupation shall not use more than 25% gross floor area of the dwelling and all accessory buildings.
(E) 
Residential Compatibility.
a. 
A home occupation shall be incidental and subordinate to the use of the property for residential purposes, shall not change the residential character of the property, and shall not create the appearance or impact of commercial activity to the surrounding neighborhood.
b. 
No structural or decorative additions shall be allowed to accommodate a home occupation that will alter the residential character of the home or otherwise be incompatible with surrounding residences.
(F) 
Outdoor Storage Prohibited.
Storage of goods and materials shall be inside and shall not include flammable, combustible, or explosive materials other than those customary to household uses.
(G) 
Parking and Deliveries.
a. 
Parking shall be provided and shall not create hazard or street congestion.
b. 
Deliveries and pickups shall be those normally associated with residential services and shall:
1. 
Not block traffic circulation; and
2. 
Occur only between 8:00 a.m. and 8:00 p.m. Monday through Saturday.
(H) 
Client and Employee Visitation.
a. 
Not more than six customers or clients are allowed to visit a home occupation per day, except music, art, craft, or other similar lessons that are allowed up to 12 clients per day.
b. 
Customer hours shall be between 8:00 a.m. and 8:00 p.m.
(I) 
Operational and Site Requirements.
a. 
Adequate public facilities and utilities shall be adequate to safely accommodate equipment used for home occupation.
b. 
Mechanized equipment shall be used only in a completely enclosed building.
c. 
Dust, odors, noise, vibration or electrical interference or fluctuation that is not perceptible beyond the property line.
(J) 
Unsafe Home Occupations.
a. 
If the Director finds that any home occupation is dangerous or unsafe, the Director shall issue an order to the dwelling owner and/or tenant of the property on which the home occupation is being undertaken directing that the home occupation be immediately made safe, as determined by the Director, or be terminated.
b. 
The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Director may take any and all available enforcement actions to render the home occupation, dwelling, or property safe.
c. 
Enforcement cost shall be paid by the property owner and shall be treated as a zoning violation pursuant to GJMC Chapter 21.13.
(K) 
Home Occupation Signage.
A nameplate not exceeding two square feet containing only the name of the resident, title of the person conducting a permitted home occupation, name of building, business name and/or name of agent. The nameplate may be located anywhere on the property.
(v) 
Outdoor Display.
(A) 
No portion of a right-of-way shall be used for any type of display without a valid Revocable Permit.
(B) 
Display lots shall be paved, except that only the access roads shall be required to be paved for lots displaying large merchandise, such as manufactured homes or heavy equipment.
(C) 
All outdoor displays shall conform to all requirements of TEDS (GJMC Title 29) and the applicable sight distance triangle. Regardless of any provision to the contrary, no display shall be maintained in a location if it obstructs view, thereby constituting a traffic or pedestrian hazard.
(vi) 
Produce Stand.
(A) 
A produce stand shall be portable and capable of being dismantled or removed from the sales site.
(B) 
In Residential zone districts, produce stands shall only sell products produced on the premises. Produce stands in Residential zone districts shall be located and operated so as to not create hazards with parking, ingress, egress, and signage, and the operation shall not be disruptive to adjacent uses.
(C) 
In all zone districts, excluding Residential zone districts, a produce stand may include products produced off-premises and require a Temporary Use Permit.
(3) 
Industrial Uses.
(i) 
Antennas.
Telecommunications receiving or transmitting antennas that meet the exemption criteria of GJMC § 21.04.030(e)(5)(i) are permitted subject to the following:
(A) 
Ground-mounted satellite dishes shall not exceed 10 feet in height from the grade where mounted;
(B) 
Ground mounted satellite dishes shall be located within the rear yard or in any side yard which does not abut a street and shall meet accessory structure setbacks;
(C) 
All cables and lines serving the satellite dish shall be located underground;
(D) 
Satellite dishes larger than 32 inches in diameter shall only be ground-mounted and the above provisions shall apply unless otherwise approved as to location or ground mounting by a Conditional Use Permit;
(E) 
Roof mounted antennas shall not extend more than 10 feet above the roof line on which mounted; and
(F) 
None of the above shall relieve a person from the necessity of satisfying any and all governmental licenses or permits required for operation of telecommunications equipment.
(ii) 
Outdoor Storage, Accessory.
(A) 
All Zone Districts.
a. 
Junk or rubbish shall not be stored unless the use is a permitted junkyard or salvage yard or solid waste disposal or processing facility.
b. 
If the principal use of the property is other than vehicle repair, major and minor, vehicle impound lot, junkyard or salvage yard, or vehicle fleet operations, a maximum of two vehicles intended for repair or restoration may be stored on a property provided all of the following conditions are satisfied:
1. 
Vehicles shall be owned by the owner or occupant of the premises upon which the vehicles are located;
2. 
The vehicles shall be kept in an enclosed garage, under an opaque cover designed for the vehicle or otherwise screened from off-premises view; and
3. 
There shall be no outdoor storage of vehicle parts.
c. 
Except for integral units, stored items shall not project above any screening.
(B) 
Additional Standards for Residential Zone Districts.
a. 
All outdoor storage shall be located in the rear half of the lot and shall be screened.
b. 
Dumpsters and refuse containers for new multi-unit dwellings, commercial and industrial uses shall be enclosed in a solid, opaque enclosure constructed of brick, masonry, stucco, or wood at least six feet tall.
(C) 
Additional Standards for Nonresidential Zone Districts.
a. 
All Uses.
1. 
Unless otherwise indicated, no outdoor storage shall be located in a required front yard setback or in any setback adjacent to a Residential or Mixed-Use zone district.
2. 
Dumpsters and refuse containers for new uses in all zone districts except I-1 and I-2 shall be enclosed in a solid, opaque enclosure constructed of brick, masonry, stucco, or wood at least six feet tall.
b. 
Existing Junkyard or Salvage Yards and Vehicle Impound Lots.
If the principal use of the property is a junkyard or salvage yard or vehicle impound lot and if the use was an existing legal use as of January 1, 2002, outdoor storage shall meet the following conditions.
1. 
Storage and dismantling areas shall require screening along all street frontages and along the first 50 feet of the side perimeter from the street. Sites may use opaque slats in existing chain link fences or vegetation to meet the screening requirement as long as the screening is at least six feet in height. Any new fencing shall be a minimum of six feet.
2. 
If the recycler abuts a property with zoning that is not CG, I-1 or I-2, the recycler shall also screen each perimeter that abuts such zone district that is not CG, I-1, or I-2. Buildings on property lines shall serve as screening.
3. 
No item shall be allowed to project above the screening except integral units and stacking of no more than two vehicles on top of a wheel stand. End recyclers are exempt from this requirement.
4. 
Each owner, operator, independent contractor and employee of a recycling business, and every other person who dismantles, repairs or installs motor vehicle parts or appliances or other equipment containing any fluid, gas or liquid or other regulated substance shall, in accordance with applicable laws and rules, control, contain, collect, and dispose of all fluids, hazardous wastes, and other regulated fluids in or generated by the dismantling, shredding, baling or storage of motor vehicles, appliances, other equipment or parts, including but not limited to oils, antifreezes, CFCs, transmission fluids, diesel fuel, and gasoline.
5. 
A recycler shall have a five-day grace period to remove items placed outside of a perimeter fence. If the City gives a notice after the fifth working day, the recycler shall remove such items within five working days.
(iii) 
Recreational and Commercial Vehicles.
(A) 
In Residential zone districts, recreational and commercial vehicles and trailers shall be stored within an enclosed building, or in the rear yard, or behind the front setback line in a side yard other than the street side yard of a corner lot.
(B) 
No recreational vehicle shall be used for living, sleeping or housekeeping purposes for longer than two weeks total during any twelve-month period when parked in any location not zoned and approved for such use. Any use of this provision shall be limited to one recreational vehicle per lot.
(C) 
Persons shall not live, sleep, or housekeep in a recreational vehicle parked on a public street, a public or private parking lot, or any vacant lot.
(D) 
Recreational or commercial vehicles shall not be parked on a public street or public or private parking lot for more than 72 consecutive hours.
(iv) 
Renewable Energy Facility, Accessory.
(A) 
Accessory Solar Collectors.
a. 
Accessory solar collectors shall only be located in side or rear yards or on rooftops.
b. 
If the solar collector is not flush with the roof the applicant shall minimize the visibility of the collector from a public street, park, open space, or golf course to the most reasonable extent possible without prohibiting the installation.
c. 
Ground-mounted collectors are allowed as an accessory structure outside the setbacks.
d. 
Ground-mounted accessory solar collectors shall not exceed the height of the principal structure on the lot or parcel or the maximum height allowed in the zone district.
(B) 
Accessory Wind Energy System.
a. 
An individual small wind system shall be set back from the property line and the principal structure at least 1.5 times the height of the turbine.
b. 
In Mixed-Use and Commercial zone districts, accessory wind energy systems shall only be located in side or rear yards
c. 
In Mixed-Use zone districts, an accessory wind energy system shall not exceed the maximum building height of the applicable zone district.
d. 
In the I-1 and I-2 districts, an accessory wind energy system may exceed the maximum building height of the applicable zone district by 20 feet.
(Ord. 5279, 10/1/2025; Ord. 5267, 7/16/2025; Ord. 5263, 6/18/2025; Ord. No. 5242, 12/4/2024; Ord. 5218, 5/1/2024; Ord. 5205, 3/20/2024; Ord. 5190, 12/20/2023)

§ 21.04.050 Temporary uses and structures.

(a) 
Purpose.
The purpose of this section is to allow for a use to locate within the City on an occasional, temporary, or seasonal basis and ensure such use or activity is consistent with the intent and regulations of this Code.
(b) 
Temporary Parking Lots.
(1) 
Temporary parking lots are parking areas that serve during transition of a property during development and shall not be used for more than 24 months from issuance of a City site plan for such parking use.
(2) 
A temporary parking lot:
(i) 
Shall be hard surfaced;
(ii) 
Shall be graded for drainage;
(iii) 
Shall be maintained in good condition free of weeds, dust, trash, and debris;
(iv) 
Shall be landscaped and screened along the perimeter of any abutting public street;
(v) 
Parking spaces within a gravel lot shall be delineated with concrete "bumper blocks"; and
(vi) 
May only be used for a total of 24 months unless a site plan for a permanent lot usage is approved. Parking lots as a permanent use are not allowed in MU-3.
(c) 
All Other Temporary Uses.
(1) 
Applicability.
(i) 
This subsection shall apply to the following types of temporary uses and structures:
(A) 
Temporary buildings;
(B) 
Temporary display and sale of merchandise;
(C) 
Model homes, trailers, activities, and/or uses incidental to the construction of a building or group of buildings on the same or adjacent premises;
(D) 
Seasonal uses (e.g., fireworks stands, Christmas tree lots, and produce stands); and
(E) 
Other uses that clearly are not associated with a holiday, the growing season, or a construction project may be considered for approval by the Director.
(ii) 
Special events and activities conducted on public property, such as school sites and City parks, shall be exempt from the provisions of this Code, but shall comply with any guidelines, regulations and permitting process required by the authorizing agency.
(2) 
Compliance with This Code and Other Regulations.
(i) 
Prior to conducting or establishing a temporary use or temporary structure, approval of a Temporary Use Permit per GJMC § 21.02.040(b) is required.
(ii) 
Before a temporary use involving the sale of merchandise may begin, a sales tax license must be obtained from the City Finance Department. If not obtained, the Temporary Use Permit shall be revoked if issued or shall not be issued until licensure.
(iii) 
Prior to the issuance of a Temporary Use Permit, the Director may require the applicant to post security with the City as required to cover expected costs of enforcement, monitoring, clean-up, and site restoration.
(3) 
Location.
(i) 
Structures and/or display of merchandise shall meet the minimum setback requirements for the zone district. Displays shall not interfere with the sight visibility triangle of the intersection of the curb line of any two streets or a driveway and a street. No personal property, including structures, and tents shall be located within the right-of-way.
(ii) 
Each parcel or lot is limited to the operation of one temporary use at a time.
(4) 
Off-Street Parking.
(i) 
Adequate off-street parking shall be provided;
(ii) 
The use shall not displace the required off-street parking spaces or loading areas of the principal use/structure on the site; and
(iii) 
The entrance and exit shall be designed to prevent traffic hazards, nuisances and as required by TEDS (GJMC Title 29).
(5) 
Duration.
(i) 
Temporary uses shall not exceed 120 calendar days, except as provided herein.
(ii) 
Aa temporary low-traffic storage yard may be permitted in a CG, I-1 or I-2 zone district for up to one year from the date of issuance. One extension of one year may be granted by the Director upon showing of good cause. Any additional extensions may be granted by the Planning Commission. The Planning Commission must find good cause for granting an extension.
(iii) 
A winter emergency shelter may be granted an extension of up to 60 days by the Director if unusual and extraordinary weather conditions necessitate its continued operation.
(iv) 
No temporary uses shall be allowed until a minimum of 30 calendar days have passed since any previous temporary use on the parcel or lot.
(v) 
Mobile food vendors are not subject to the 30-day waiting period.
(6) 
Other Standards.
(i) 
The temporary use shall not cause traffic to exceed the capacity of nor significantly impact the circulation of affected streets.
(ii) 
Access to right-of-way shall comply with City requirements, except that hard surface travel lanes are not required for a temporary use.
(iii) 
Permanent hookups to utilities are prohibited.
(iv) 
Temporary use sign shall be permitted only for and during the time of the temporary use. The total sign allowance for a temporary use shall be 32 square feet, not including permanent signage that may be on a vehicle or booth. All signs for temporary uses shall be attached to a structure, vehicle, or existing signpost. Portable signs, such as sandwich boards, etc., shall not be allowed. Off-premises signage is not allowed.
(Ord. No. 5242, 12/4/2024; Ord. 5190, 12/20/2023)

§ 21.04.060 Extended temporary uses and structures.

(a) 
Interim Shelter Site.
(1) 
Purpose.
(i) 
These standards allow for and encourage the creation of temporary housing for people experiencing homelessness or are at risk of becoming homeless. Interim shelter sites are intended to provide a stable and safe living option for people that may not be able to or are not prepared to move into other temporary, semi-permanent, or permanent housing.
(ii) 
These standards are intended to promote the public health, safety, and welfare of residents within the site and surrounding area.
(2) 
Shelter Types.
(i) 
Interim shelters may include either of the following shelter types, both of which shall be provided and installed by the managing entity, subject to this section and the conditions of the site approval:
(A) 
Prefabricated shelters; or
(B) 
Micro-shelters.
(ii) 
Interim shelters shall not be individually connected to water or sewer and are not considered dwelling units.
(iii) 
Each individual shelter shall be designed to meet minimum wind loads and snow loads with proper anchoring in accordance with GJMC Chaper 15.12 as determined by the Chief Building Official.
(iv) 
Functional smoke and carbon monoxide alarms shall be included within each individual shelter.
(v) 
Individual shelters shall be provided with an approved address identification. Each character shall be a minimum of four inches tall with a minimum stroke width of 1/2 inch and visible from the fronting street or road. A permanent weatherproof site map identifying the address numbers/letters shall be provided at each entrance of the interim shelter site. The site map information shall match the identifications of each shelter.
(vi) 
Shelters must comply with any other requirement set by the Chief Building Official and/or the Fire Marshal.
(3) 
Maximum Number of Shelters and Maximum Occupancy.
(i) 
The maximum number of shelter spaces permitted on a site is calculated by dividing the square feet of usable shelter site area by 150, which is the minimum square footage of area per space required. All fractional measurements are rounded down. For example, a 2,500-square foot site could have 16 shelters (2,500/150 = 16.6).
(ii) 
The initial maximum number of shelters per interim shelter site is 30, up to 20% of which may be double occupancy shelters.
(A) 
An applicant may request multiple interim shelter sites (increments of 30 shelters) on a single parcel that may be added in phases, up to a maximum total capacity that is approved in the Extended Temporary Use approval. A single parcel with multiple interim shelter sites does not need to meet the standards individually for each site but may provide the requirements as a unified site.
(B) 
When the initial phase meets the following criteria, the applicant may request an amendment to the Extended Temporary Use approval for an increase in the number of shelters:
a. 
The commencement of operations;
b. 
Continuous capacity at or over 80% for two consecutive months; and
c. 
A showing of successful operation.
(C) 
The City Council will consider the review criteria in GJMC § 21.02.050(h)(8)(ii) in determining the success of the operation and may approve the increase based on available space on the site and the ability of the expanded site to meet the terms of the initial approval.
(D) 
Phased approvals must be requested with the original application. If an applicant seeks to expand a site without a phased approval, a new Extended Temporary Use application is required.
(iii) 
The total maximum occupancy of a 30-shelter site is 30 adults. If an interim shelter site has double occupancy shelters, the maximum adult occupancy may be increased to 36 to account for double occupancy of those shelters. Interim shelter sites that allow household pets shall detail pet accommodation provisions in the management plan.
(4) 
Location and Site Layout.
(i) 
Mixed-Use and Nonresidential Zone Districts.
Sites may be located in mixed-use and nonresidential zone districts on the same property as an existing principal use, including nonconforming uses, or may be allowed on properties without a principal use.
(ii) 
Setbacks.
The interim shelter site, including all shelters and other structures used as part of the site, shall meet the required principal structure setbacks. The City Council may allow a lesser setback if it determines there is sufficient fencing, vegetation, topographic variation, or other site conditions that block the view of the site from abutting properties.
(iii) 
Spacing.
All shelters on an interim shelter site shall be separated by a minimum of 10 feet from any other structure. The minimum separation between a shelter and any building which includes a kitchen shall be 20 feet.
(iv) 
Location on the Lot.
Interim shelters shall only be located on the portion of the lot approved for interim shelter use. Shelters may not be placed outside of the approved site perimeter.
(v) 
Fencing.
An interim shelter shall be secured as described in the site security plan, including temporary fencing on all sides. Temporary fencing used to screen an interim shelter site shall be exempt from the requirements of GJMC § 21.05.090 provided the fence is constructed of acceptable materials such as wire, wrought iron, plastic, wood, and other materials with a similar look. Unacceptable materials include glass, tires, razor wire and concertina wire, or salvaged or similar materials.
(vi) 
Sanitary Facilities.
Interim shelter sites shall maintain connections to public water and public sewer systems or provide portable on-site facilities that are adequate to meet state and local standards. Only potable water shall be supplied to plumbing fixtures that provide water for drinking, bathing, or cooking purposes. A potable water supply system shall be designed, installed, and maintained in such a manner to prevent contamination from non-potable liquids, solids or gases being introduced into the potable water supply through cross connections or any other piping connections to the system.
(A) 
The application for interim shelter site approval shall include a sanitation plan that specifies the number, location, and hours of accessibility of toilet, drinking water, handwashing stations, and shower facilities. These facilities may be located in a permanent structure on the site provided access is available at all times the interim shelter site is in use.
(vii) 
Waste Disposal.
(A) 
Spillage, overflow, drainage, or wastewater from sanitary facilities and potable water sources shall be discharged to approved drains or otherwise designed to prevent impoundment of water, creation of mud holes, or other nuisance conditions.
(B) 
Durable, water-tight, easily cleanable refuse containers, sufficient to contain all refuse from the site, shall be provided. Safe needle disposal containers (sharps containers) shall be provided. Provision of recycling containers for separation of plastic, glass, metal, and aluminum containers is recommended.
(C) 
The storage of junk, waste, discarded, or salvaged materials, or items customarily associated with indoor use (e.g., upholstered furniture or indoor appliances), is prohibited.
(viii) 
Fire Safety.
(A) 
The minimum distance from a shelter to a fire hydrant is 600 feet as measured by a route approved by the Fire Marshal. The Fire Marshal will determine the necessary number of hydrants and fire-flow for an interim shelter site.
(B) 
The minimum distance from the furthest point of a shelter to a Fire Department access road approved by the Fire Marshal is 200 feet.
(C) 
A Fire Department access lanes that exceeds 150 feet in length and dead-ends, shall be provided with an approved Fire Department turn-around.
(D) 
No recreational fires or open burning are allowed on an interim shelter site.
(E) 
Outside storage of combustible materials and hazardous materials, including aerosols and propane, between shelters is prohibited.
(ix) 
Vehicle Parking.
(A) 
Parking shall be provided in accordance with Table 21.08-2. All parking spaces shall be designed in accordance with GJMC § 21.08.010(e).
(B) 
If the interim shelter site is located on the same lot as an existing principal use, the required parking for the principal use may be reduced if the property owner can demonstrate that the displacement of parking spaces will not cause significant off-site traffic or result in insufficient parking for the principal use, as determined by the Director.
(x) 
Bicycle Storage.
Secure bicycle storage, such as bicycle racks or an enclosed structure, shall be provided on site. Bicycle storage may be located within a shared area on the site or provided for each of the shelter spaces. The managing entity shall provide a secure means of locking bicycles.
(xi) 
Site Amenities.
The following site amenities shall be provided:
(A) 
One designated smoking area.
(B) 
If pets are allowed on the site, one pet relief area.
(C) 
Sufficient community space for the provision of meals or cooking, services, and gathering with other residents within an enclosed structure that meets fire, electrical, and health safety standards, and that may be located in a permanent structure on the site.
(5) 
Operations.
(i) 
The managing entity and residents of the site shall ensure compliance with all local and state regulations concerning, but not limited to, drinking water connections, solid waste disposal, human waste, and electrical systems.
(ii) 
At a minimum, one trained staff member shall be identified for each interim shelter site for continuous (24 hours per day/seven days per week/365 days per year) on-site management.
(A) 
An additional trained staff member for on-call assistance shall be provided for sites with an anticipated occupancy of more than 30 residents.
(B) 
Persons acting as the on-site manager shall be awake and available to site residents while on shift.
(C) 
The trained staff member shall perform the security tasks described in the management, including, at a minimum: regularly monitoring the security of the site, providing entry and exit access to residents as needed, and contacting police and/or other emergency responders if the need arises.
(iii) 
All interim shelter sites shall maintain a management plan that shall be updated annually. The management plan shall address, at a minimum, all of the following factors:
(A) 
Provision of on-site management from a trained staff member.
(B) 
Provision of staff training from a program that meets City specifications.
(C) 
Intake screening of residents to ensure compatibility of services provided at the facility.
(D) 
Transportation plan or on-site provision of transportation services.
(E) 
Fire Safety Plan, to include at a minimum:
a. 
Emergency vehicle ingress and egress;
b. 
Emergency evacuation routes; and
c. 
Site map that outlines the following, to be made available in each shelter unit:
1. 
Areas of refugee;
2. 
Assembly points; and
3. 
Location of portable fire extinguishers.
(F) 
Detailed site security measures.
(G) 
Resident code of conduct agreement addressing acceptable conduct for residents both at the interim site and in the surrounding neighborhood.
(H) 
Keeping of or prohibitions on household animals, including capacity limitations and a plan for maintaining the pet relief area.
(I) 
Lights out and quiet hours.
(6) 
Code Exemptions.
Interim shelter sites are temporary uses and are exempt from the following standards provided they are otherwise met by the principal use on the site or exempted by the principal use's nonconforming status:
(i) 
Minimum or maximum density requirements;
(ii) 
Lot coverage standards;
(iii) 
Landscaping, buffering, and screening requirements except as provided in this section;
(iv) 
Site and structure development standards except as provided in this section; and
(v) 
Off-street parking requirements except as provided in this section.
(Ord. No. 5229, 8/21/2024)