Chapter 21.02 ADMINISTRATION AND PROCEDURES

(a) Common Elements of Administrative Development Permits. The following procedures apply unless modified by more specific provisions elsewhere. The times for the City to act are maximum number of working days. The Director may shorten any time frame specified herein.

(1) General Meeting/Preapplication Conference.

(i) General Meeting. The general meeting allows the applicant to meet informally with the staff to discuss a project and provide feedback and ideas. Based on the detail and information provided, the staff will give direction on the merits, procedures and issues on a proposed project. A development application may not be submitted until after the general meeting is completed if required by the Director.

(ii) Preapplication Conference. A preapplication conference with City staff is highly recommended for most subdivisions, multifamily, commercial and industrial projects. The general purposes of a preapplication conference are to:

(A) Understand the proposed project and the applicant’s specific objectives;

(B) Identify applicant time goals such as property closing dates, construction starts, and operation dates;

(D) Identify documents, plans, drawings, fees and process other materials necessary for a complete application;

(E) Identify significant issues likely to arise to be dealt with; and

(F) Begin to familiarize the applicant with City requirements, and this code.

(2) Application Requirements.

(i) Materials, Deadlines. Application materials and deadlines are available from the Director and are contained in the Submittal Standards for Improvements and Development manual.

(ii) Application Fees. The City Council sets fees to recover some of the costs of processing, publicizing, and reviewing applications. The City Council may, by resolution, modify any fee at any Council meeting.

(iii) Completeness. The Director shall decide if the application is complete. If the application is not deemed complete, the Director shall notify the applicant and the submittal shall be returned.

(iv) Neighborhood Meeting. A neighborhood meeting is required for subdivision applications except as follows. See GJMC 21.02.080(e) for neighborhood meeting requirements.

(A) Simple subdivisions.

(B) Minor exemption subdivisions.

(D) Subdivision applications for which a neighborhood meeting was held for a previous application affecting the same property (e.g., rezone) so long as information about the proposed subdivision was presented at a neighborhood meeting. The previous application must have been considered in a public hearing no more than 180 days prior to the subdivision application submittal.

(E) An application for subdivision that is being filed as a final development plan consistent with GJMC 21.02.150(c).

(3) Notice.

(i) Public notice is not required for administrative permits except for subdivision and major site plan applications. The duty to provide notice, when required, is always the applicant’s.

(ii) Notice is provided as follows:

(A) Within five working days of receipt of a complete application, the Director shall give notice, at the applicant’s cost, by U.S. mail to each person shown as an owner within 500 feet and at the address by the County Assessor.

(B) Notice should include a general description of the proposal and the location of the property.

(C) The Director’s failure to send any notice does not mean the proposal is approved since it is always the applicant’s ultimate responsibility to see that all City rules, requirements and procedures are followed. The Director may require the applicant pay for additional notice, in any form for any type of proposal if such notice will further the purpose or intent of this code.

Type of Submittal or Request	Published Notice	Mailed Notice	Sign Notice
Administrative Development Application	–	–	–
Development Application Requiring Public Hearing	7 days	Owners within 500 feet	Yes
Comprehensive Plan Text Amendment	7 days	–	–
Code Text Amendment	7 days	–	–
Historic Preservation	7 days	–	–
Grand Junction Circulation Plan Amendment	7 days	–	–
Revocable Permit	–	–	–
Vested Rights	Within 10 days of approval	–	–
Subdivisions and Major Site Plan	–	Owners within 500 feet	Yes

(4) General Procedures.

(i) The Director shall evaluate each application for compliance with City requirements. The Director shall provide comments in writing to the applicant.

(ii) The Director may forward copies of the applications to various agencies for their input and review. Such other agencies include:

(A) Other City departments;

(B) Utilities;

(D) Fire protection agencies;

(E) General purpose government;

(F) State agencies (e.g., Geologic Survey, Transportation, Natural Resources, Wildlife); and

(G) Federal agencies (e.g., Federal Emergency Management Agency, Bureau of Land Management, U.S. Army Corps of Engineers).

(iii) Agency review and input is advisory only.

(iv) An application submitted to the City for review must be diligently pursued and processed by the applicant. Accordingly, if the applicant, within 90 calendar days of mailing of the City’s review comments on any submittal (or resubmittal) of an application for approval of a development application, does not resubmit revised documents to address comments from the City, the development application shall lapse and become null and void. The Director may grant two extensions of the foregoing 90-day requirement, not to exceed a total extension of 180 days.

(5) Comments – Time to Respond.

(i) The Director must approve, approve with conditions, or disapprove all complete applications for an administrative permit.

(ii) After receipt of the applicant’s written response to comments/recommendations the Director shall, based on the applicable review criteria, approve, approve with conditions or disapprove the application. The Director may allow the applicant additional resubmittals and responses before the Director decides.

(6) General Approval Criteria. No permit may be approved by the Director unless all of the following criteria are satisfied:

(i) Compliance with the Comprehensive Plan and any applicable adopted plan.

(ii) Compliance with this zoning and development code.

(iii) Conditions of any prior approvals.

(iv) Public facilities and utilities shall be available concurrent with the development.

(v) Received all applicable local, State and federal permits.

(7) Amendments. A permit shall be amended through the process it was originally approved.

(8) Repealed by Ord. 4890.

(9) Validity.

(i) Administrative permits shall expire after the issue date according to the following table:

Permit Type	Expiration
Administrative Permits (except below)	One year
Planning Clearance	180 days
Fence Permit	180 days
Home Occupations	n/a
Preliminary Subdivision	Two years
Final Plat (unrecorded)	Two years
Minor and Major Site Plans	Two years

(ii) The Director may extend the permit for up to 180 more days if the applicant proves he/she can complete the project in conformance with currently adopted codes and policies, except the Director may grant one extension of 12 months for a preliminary subdivision or unrecorded final plat, in accordance with subsection (u)(4) of this section.

(b) Planning Clearance and Building Permit. No person shall establish, construct, modify or expand a use or a structure until both a planning clearance and a building permit, if required, have been issued. This section does not apply to a permit for a fence or sign, as both are otherwise regulated by this code.

(1) Purpose. Home occupation permits are needed to ensure that all home occupations are conducted in a safe manner without adverse effects on neighboring properties.

(2) Applicability. No person shall conduct a home occupation until the Director has issued a home occupation permit. A home occupation shall comply with the use-specific standards of GJMC 21.04.040(g).

(d) Temporary Use Permit.

(1) Purpose. A temporary use permit helps ensure that temporary uses, including special events, are safe and minimizes adverse impacts on City infrastructure and neighboring properties.

(2) Applicability. No person shall establish a temporary use for a period exceeding 48 hours without a temporary use permit. Special events and activities conducted on public property, such as school sites and City parks, which have the consent of the owner, shall be exempt from the provisions of this section. Only one temporary use is permitted at any given time on a parcel or lot.

(3) Use-Specific Standards. A temporary use shall comply with the use-specific standards of GJMC 21.04.050.

(e) Change of Use Permit.

(1) Applicability. No person shall change the use of a structure or property unless and until the Director has issued a change of use permit. Other permits (such as a CUP), review (such as a major or minor site plan review) or approvals may also be required when use of a land or structure has changed; this subsection does not limit or supplant other requirements of the code. A change from any use in the Household Living use category to any other use requires, at a minimum, a minor site plan review. For a change of use within the same principal use listing in the Use Table, GJMC 21.04.010 (for example, a change from one General Retail Sales, Indoor Operations use to another General Retail Sales, Indoor Operations use, or a change from a movie theater to a skating rink), a change of use permit is not required unless:

(i) The code requires more off-street parking for the new use than is available on the property;

(ii) There is any increase in traffic, actual or projected; or

(iii) The amount of stormwater runoff or impervious area is increased.

(f) Minor Site Plan.

(1) This review process may be used by the Director in lieu of the major site plan review process to review lesser-intensity projects if a limited review of zoning, parking, circulation, access and minor drainage changes will be adequate. Construction plans, based upon the approved final minor site plan and consisting of detailed specifications and diagrams illustrating the location, design and composition of all improvements identified in the final minor site plan and required by this code, shall be submitted to the City for any project that necessitates the construction, reconstruction or modification of new or existing improvements. These documents shall include complete plans and specifications of all required improvements identified and approved as part of the final site plan phase for minor site plan review. The City shall keep the plans as a permanent record of the required improvements.

(2) The Director may use this review process if the proposed project is limited to:

(i) A new structure of up to 1,000 gross square feet only for storage, mechanical room, etc., if water and sewer services are not provided and if no structures currently exist on the parcel;

(ii) An addition to a structure of up to 1,000 gross square feet or a new structure of up to 1,000 square feet on a lot with one or more structures;

(iii) An existing parking lot or existing work area to be paved with asphalt or concrete;

(iv) A temporary office trailer; or

(v) Similar low-impact uses.

(g) Major Site Plan. The Director reviews site plans to determine compliance with this code, the Comprehensive Plan, adopted corridor guidelines and other applicable regulations.

(1) Applicability.

(i) No person shall begin any development, pour any structure foundation or move earth in preparation for construction without receipt of the Director’s approval of a site plan. Construction plans, based upon the approved final site plan and consisting of detailed specifications and diagrams illustrating the location, design and composition of all improvements identified in the final site plan and required by this code, shall be submitted to the City for any project that necessitates the construction, reconstruction or modification of new or existing improvements. These documents shall include complete plans and specifications of all required improvements identified and approved as part of the final site plan phase. The City shall keep the plans as a permanent record of the required improvements. All development requires major site plan review except:

(A) A structure with one or two dwellings;

(B) Nonresidential, interior remodeling which will cost 25 percent or less of the fair market value of the existing structure;

(D) An approved temporary use;

(E) An approved fence and a wall;

(F) An approved sign;

(G) An approved change of use;

(H) Minor site plan development; and

(I) A development which the Director determines does not require a major site plan review if the development will not adversely affect the neighborhood and meets the purpose and intent of this code.

(ii) Major site plan review shall be completed prior to issuance of a planning clearance and a building permit.

(h) Fence Permit.

(1) Applicability. No person shall erect or maintain a fence or wall unless the Director has issued a fence permit. A fence or wall that exceeds six feet in height is considered a structure and requires a planning clearance and building permit instead of a fence permit. Fences must comply with GJMC 21.04.040(i), any design guidelines and other conditions of approval.

(i) Sign Permit.

(1) Applicability. No person shall erect or display a nonexempt sign (see GJMC 21.06.070) unless the Director has issued a sign permit. An on-premises temporary sign may be erected without a permit if done as referred to in GJMC 21.06.070(d). Touching up or repainting existing letters, symbols, etc., is maintenance and does not require a permit.

(j) Floodplain Development Permit.

(1) Applicability. No person shall construct or maintain any use or structure nor make any development or topographically alter land for any purpose including agriculture that may adversely impact the floodplain or floodway or within any area of special flood hazard (GJMC 21.07.010) unless the Director of Public Works and Planning has issued a floodplain permit.

(2) Additional Approval Criteria. When base flood elevation data has not been provided in accordance with GJMC 21.07.010(c), the Director of Public Works and Planning may use any flood elevation and floodway data available from a federal, State or other source as criteria to decide how and if construction, substantial improvements, or other development in the floodplain may be permitted.

(k) Boundary Adjustments.

(1) Purpose. The process for boundary adjustments allows the Director to approve boundary line adjustments as allowed by State law.

(2) Additional Approval Criteria. A boundary adjustment pursuant to § 38-44-112 C.R.S., or as amended from time to time, is permitted if approved by the Director. The applicant must comply with the statute.

(l) Administrative Adjustment.

(1) The Director may permit deviation from any bulk standard, upon a finding of compliance with the criteria as set forth in this section. The purpose of this process is to permit inconsequential deviations from the zoning district bulk standards where deviation(s) are desirable but cannot be accommodated through a strict application of the bulk standards.

(i) Additions. Requests for an administrative adjustment to accommodate an addition to an existing structure shall comply with all of the following:

(A) Conforming locations for the addition are impractical, significantly more expensive or have a significant adverse impact on the site plan in terms of overall site design or relationships between site plan elements including, but not limited to, structures, patios, driveways and landscaping;

(B) The location of the addition represents a logical extension of the existing floor plan in terms of function and design;

(D) The exterior design of the addition represents a logical extension of the existing structure and is consistent with the design of the existing structure;

(E) Site and structural design elements of the addition shall be considered. Such elements include, but are not limited to:

a. Height of the addition relative to neighboring structures;

b. The location, number and size of windows, doors, porches, balconies and outdoor lights;

c. The location of patios and walkways;

d. The location, size and types of hedges, walls and fences; and

e. The level of privacy to occupants of both neighboring properties and the addition. Such privacy shall be equal to or greater than that provided if the addition were located within the required setback;

(F) The requested deviation is only 10 percent or less; and

(G) The deviation shall not result in physical encroachment into an easement, right-of-way or neighboring property.

(ii) Construction Errors. Requests for an administrative adjustment to accommodate a construction error shall comply with all of the following:

(A) Complies will all building, fire and other adopted codes and policies;

(B) The requested deviation is only 10 percent or less;

(D) The error shall have been inadvertent; and

(E) The contractor responsible for the error shall not have been the recipient of another approved administrative adjustment in the past three years.

(2) The Director may permit an accessory structure, including a fence or retaining wall that are considered structures, in a required setback upon the finding that:

(i) There are unique or unusual conditions pertaining to the specific building or property; and

(ii) The granting of an adjustment would not be materially detrimental to the property owners in the vicinity; and

(iii) The deviation shall not result in physical encroachment into an easement, right-of-way or neighboring property.

(3) Decision-Maker.

(i) The Director shall approve, approve with conditions or deny all requests for an administrative adjustment.

(ii) Appeals from the Director shall be processed as a variance using the procedures provided in GJMC 21.02.200, but with the review criteria provided herein.

(4) Application and Review Procedure. Application requirements and processing procedures are described in subsection (a) of this section. In addition, the applicant shall provide proof that the requested administrative adjustment does not conflict with any recorded covenants applicable to the property, or demonstrate in writing that the entity responsible for enforcing the covenants has approved the requested deviation. In the event there is no single entity responsible for enforcing the covenants, and the requested administrative adjustment does not conform to the covenants, the applicant shall provide a written statement acknowledging the inconsistency and that he/she shall indemnify and hold the City harmless for any action, damages claims or suits brought in the event the administrative adjustment is approved.

(m) Development Improvements Agreement (DIA).

(1) Development Improvements Agreement Authorized. The Director may defer the requirement for the completion of required improvements if the applicant enters into a development improvements agreement (DIA) by which the applicant agrees to complete all required public improvements in accordance with an agreed schedule. The Director may require the applicant to complete and dedicate some required public improvements prior to approval of the final plat and to enter into a DIA for completion of the remainder of the required improvements. The City Attorney shall approve any DIA as to form.

(2) Agreement to Run with the Land. The development improvements agreement shall provide that the requirements contained therein shall run with the land and bind all successors, heirs, and assignees of the applicant. The DIA for subdivisions shall be recorded with the Mesa County Clerk and Recorder. All other DIAs may, at the Director’s discretion, be recorded or deposited with the City Clerk. All existing lien holders shall be required to subordinate their liens to the guarantees contained in the DIA.

(3) Performance Security.

(i) Whenever the Director permits an applicant to enter into a development improvements agreement, the applicant shall be required to provide sufficient security to ensure completion of the required public improvements. The security shall be in the form of a cash deposit made to the City, a letter of credit or disbursement agreement from an authorized financial institution, a subdivision bond, or a completed, unrecorded plat. The letter of credit, disbursement agreement, or subdivision bond shall be in a form approved by the City Attorney.

(ii) The guarantee shall be in an amount estimated by the Director as reflecting 120 percent of the cost of the improvements in the approved construction plan and shall be sufficient to cover all promises and conditions contained in the DIA.

(iii) In addition to all other security, when the City participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the City as a co-obligee.

(iv) The issuer of any guarantee shall be subject to the approval of the City in accordance with adopted policies.

(4) Maintenance Guarantee for DIA.

(i) The applicant shall guarantee the improvements against defects in workmanship and materials for a period of one year from the date of City acceptance of such improvements. The maintenance guarantee shall be secured by a letter of credit, cash escrow, maintenance bond, or other form acceptable to the Director.

(A) If the security is a letter of credit or cash escrow, then it shall be in an amount reflecting 20 percent of the cost of the completed improvements.

(B) If the form of security is a maintenance bond, it must be in a form acceptable to the City Attorney, in the principal amount of 20 percent of the value of the project’s public improvements, for a period of one year from the date of final acceptance by the City of all improvements in the project, or as applicable, the phase or filing of a project for which improvements are constructed and accepted.

(C) If repairs, replacements or modifications to the project’s public improvements are made by the applicant or are required to be made by the City during the one-year maintenance period, then the City, at its sole option and discretion, may require an extension of the security in an amount equal to the actual or estimated repair, replacement or modification costs plus 20 percent. If the Director has reason to believe that the security will be extended beyond the one-year initial term, then the Director shall notify the applicant in writing no later than 30 days before expiration of the security. Mailing of an extension notice shall cause the applicant to extend the security (bond, cash or letter of credit) for an additional 12 months. The extension shall be on the same terms as the security being extended. The security may be extended for one additional year as may be necessary for the bond to be called or for the improvements to be repaired, modified or replaced in a manner that satisfies the City. If the Director has reason to believe that the type or extent of the repair, replacement or modification does not warrant extension of the maintenance security, then the security may be released after the initial one-year period. In making the decision to extend the security the Director may consider any facts or information deemed relevant, which may include, but is not limited to, whether the failed improvements are above or below grade, whether the failed improvements may reasonably be found to constitute life, health and/or imminent safety hazard; whether other phases or filings depend on the improvements and/or the degree of failure of the improvements.

(ii) If the applicant has not warranted and guaranteed required improvements pursuant to a DIA, the applicant shall give the City security equal to at least 50 percent of the cost of the required improvements.

(5) Offers to Dedicate Streets, Roads, and Other Lands.

(i) Acceptance of Dedication. The City Council, or its designees, may accept, accept with conditions, or reject any offer to dedicate any land or facility. Any offer to dedicate made pursuant to or as a condition of a review or approval pursuant to this code constitutes the owner irrevocable warranty that such owner has the right, title and interest to convey to the City and that no hazardous or other regulated substance is present on, under or in the property.

(ii) Acceptance of Maintenance. Approval of a subdivision does not mean the City will accept any road, street or public site for maintenance. The City shall not be obligated to maintain any land unless it explicitly agrees to do so in writing.

(6) Temporary Improvements. The Developer shall construct and pay for all costs of temporary improvements required by the City to protect the public, neighborhood or another person. The applicant shall maintain said temporary improvements for the period specified.

(7) Completion of Improvements.

(i) Construction of Required Improvements.

(A) Before construction begins, the developer must be familiar with the submittal, construction, plans and inspection requirements of each utility or agency.

(B) After the City and/or other utility providers has inspected and approved all or a portion of the required improvements, the developer may request, in writing, that the approved portion be accepted for maintenance by the appropriate agency. The City shall establish the developer’s limits of responsibility for the improvements. The City may condition its acceptance and may require additional guarantees and assurances for at least one year following acceptance.

(C) Even if the City does not accept all or a portion of the required improvements, or delays any acceptance, the City may require the Developer to correct such defects or deficiencies identified by the City, in which case, final acceptance may be extended for one additional year.

(ii) Release of Improvements Agreement and Guarantee.

(A) The developer shall submit a written request for a release from the development improvements agreement for the improvements that have been accepted for maintenance by the appropriate agency. Proof of acceptance for maintenance and proof that there are no outstanding judgments or liens against the property shall accompany this request.

(B) The City Council, or its authorized representative, shall review the request. If the requirements of the DIA concerning that portion requested for release have been complied with, the appropriate document of release shall be recorded with the Mesa County Clerk and Recorder’s Office.

(iii) Certificate of Completion and Release of Responsibility. Upon expiration of the limits of responsibility established in this code, the developer may request a certificate of completion and release of responsibility from the appropriate agency.

(8) Extension of Development Improvements Agreement and Security.

(i) If the applicant is unable to complete all required improvements contained in an executed development improvements agreement within the time stated therein, he/she shall provide written notice of same to the Director at least 30 calendar days prior to the deadline of the milestones he will be unable to meet. The applicant shall make a formal written request for an extension of the completion date for performance in the DIA and security and provide a revised development schedule, which shall be reviewed by the Director. The Director shall approve, approve with conditions or deny the request for an extension. Based on the Director’s decision the existing DIA may be amended, a new DIA drawn up and executed, or the Director may exercise any default provisions contained in the approved DIA. Any amendments or new agreements shall be recorded in the same manner as the original DIA, if required by the Director.

(ii) If the DIA is to be extended or a new DIA is to be executed, the applicant shall provide sufficient security which may be the same as or greater than the original security, up to 120 percent, as was required with the original guarantee. No amendment or replacement DIA shall be executed, recorded or effective until security acceptable to the Director is provided.

(n) Sign Package.

(1) Purpose. A sign package allows the review and approval of signs on a developed site or abutting developed sites that function as one with the sharing of vehicular access through, across, over, entrance onto, and/or exit from the site and/or parking.

(2) Applicability. The sign package provides detailed graphical information of the location, height, illumination, sign dimensions, and sign design, including but not limited to letter heights.

(3) Additional Approval Criteria.

(i) All signs included on the site shall be in conformance with the criteria set forth in GJMC 21.06.070(g), except as allowed to deviate based on the other criteria in this section.

(ii) The application of the sign package is not contrary to and better implements the goals and objectives of the Comprehensive Plan, including but not limited to applicable neighborhood plans, corridor plans, and other adopted plans.

(iii) The application of the sign package is not contrary to and better implements the goals and objectives of moderating the size and number of signs as well as the reduction of clutter and obtrusive placement of signs.

(4) Decision-Maker. The Director shall approve, conditionally approve or deny all applications for a sign package permit.

(5) Application and Review Procedures. Application requirements and processing procedures are described in subsection (a) of this section.

(6) Validity.

(i) The sign package permit must be established within 180 days of the approval by the Director. A sign package is established upon the installation of the first sign included within the package. Once established the sign package permit shall run with the land as long as a use on a site has not changed and the site continues to share vehicular access through, across, over, entrance onto, and/or exit from the site and/or parking. All the parcels functioning as one shall be considered the land to which the sign package permit is applicable.

(ii) A sign package permit limits the characteristics of each sign within the sign package. Any increase in any sign characteristic must be reviewed and approved as a new sign package. Any changes to the sign package permit, including modification or termination, other than termination due to change of use on a site or termination of the shared access or parking, shall require the written consent of all landowners of each of the sites included within the approved sign package.

(o) Minor Exemption Subdivisions.

(1) Purpose. The purpose of the minor exemption subdivision is the same as that for a major subdivision set forth in subsection (q)(1) of this section.

(2) Applicability. The minor exemption subdivision process allows for a subdivision of parcels 25 acres or larger into three or fewer lots each of which are two acres or larger in size in residential zones.

(3) Additional Approval Criteria. The Director shall approve a minor exemption subdivision if the applicant demonstrates that the application complies with the purpose of a minor exemption subdivision and with the following criteria:

(i) All lots comply with this code; except that the minimum density/intensity requirements of a zone district or the Comprehensive Plan do not apply except in the R-R zone and the sewer regulations pertaining to the extension of sewer as a condition of subdivision need not be complied with if the applicant can demonstrate the following:

(A) The applicant’s Colorado professional engineer affirms in writing that the lot can be served by an individual septic disposal system (ISDS) constructed at or prior to use of the lot for uses allowed by the City code then in existence;

(B) The constructed ISDS system continues to function properly;

(C) Sewer is not constructed within 400 feet of any lot line of any lot or out lot or out parcel created under the minor exemption subdivision process; and

(D) The landowner executes a utility extension agreement in a form acceptable to the City. The utility extension agreement shall authorize the sewer to be extended by the City at a future date (all as provided herein) at the then landowner’s expense and/or in accordance with financing provided by the City and/or the sewer system.

(ii) The applicant is not seeking a variance or is seeking only to vary the requirement of extending sewer. No other variances shall be considered with a minor exemption subdivision. (Any other variances requested shall require the application be processed as a simple subdivision under subsection (p) of this section or a major subdivision under subsection (q) of this section, whichever is applicable);

(iii) The proposed lot is two acres or larger in size on a gross acreage basis and is created from a parcel at least 25 acres in size;

(iv) The property from which the new lot is proposed has been taxed agriculturally for the five years preceding the minor exemption subdivision application; and

(v) The lot or originating parcel has not previously had a City minor exemption subdivision, City simple subdivision, a Mesa County minor subdivision, and/or Mesa County simple land division approval.

(4) Decision-Maker. The Director shall approve, conditionally approve, or deny all applications for minor exemption subdivisions. If the minor exemption subdivision does not comply with the sewer regulations at the time of approval, then the approval shall be a conditional approval requiring the ISDS to be abandoned prior to the end of its useful life if a sewer is constructed either within 400 feet of the lot line of any lot or out lot or out parcel created under the minor exemption subdivision process, or if the ISDS fails, or a sewer improvement district is formed that includes the lot created and any out lot or parcel.

(5) Application and Review Procedures. The following notes are required on all minor exemption subdivision plats. The notes shall be conspicuous:

(i) “No more than a total of three lots (two lots plus the out parcel) out of the original tract of land may be created by the Minor Exemption Subdivision process.”

(ii) “Any additional lot splits are required to be processed through applicable City subdivision processes. The property shown hereon may not be further subdivided without approval of the City in accordance with then applicable law.”

(iii) “In accordance with a Utility Extension Agreement the City may require any ISDS on the property to be abandoned prior to the end of its useful life if a sewer is constructed within 400 feet of the lot line of any lot created under the Minor Exemption Subdivision process or the ISDS fails or a sewer improvement district is formed that includes the lot.”

(p) Simple Subdivisions.

(1) Purpose. The simple subdivision process allows the Director to approve lot consolidations, boundary adjustments not in dispute, a lot split, and to correct a minor error on a plat.

(2) Applicability. If requested in writing by every owner and consented to by every lienor, the Director may allow the simple subdivision process to be used to:

(i) Consolidate one or more lots;

(ii) Create only one additional lot;

(iii) Change a nondisputed boundary line between abutting lots or parcels; or

(iv) Change a plat to:

(A) Correct an error in the description;

(B) Correct any monument; or

(C) Correct a scrivener or clerical error such as lot numbers, acreage, street names and identification of adjacent recorded plats.

(3) Additional Approval Criteria. The Director will approve a simple subdivision if the applicant demonstrates that:

(i) Any changes to existing easements or right-of-way have been completed in accordance with this code or otherwise allowed by law (additional easements or right-of-way may be dedicated);

(ii) The right-of-way shown on the Grand Junction Circulation Plan is not changed; and

(iii) If a new lot is being created, no portion of the property may have been the subject of a previous simple subdivision creating a new lot within the preceding 10 years or a minor exemption subdivision (see subsection (o) of this section).

(q) Subdivision.

(1) Purpose. No person shall record a plat of a subdivision nor prepare or execute any documents which purport to create or creates a new parcel or airspace unit, nor record or execute a deed of trust or a mortgage descriptive of the property other than all of a lot or parcel unless such plat, deed, deed of trust or mortgage has been approved by the City and unless it conforms to all of the provisions of this code. The purpose of this section is to:

(2) Ensure conformance with the Comprehensive Plan and other adopted plans including all corridor design guidelines;

(3) Assist orderly, efficient and integrated development;

(4) Promote the health, safety, and welfare of the residents of the City;

(5) Ensure conformance of land subdivision plans with the public improvement plans of the City, County and State;

(6) Ensure coordination of the public improvement plans and programs of the several area governmental entities;

(7) Encourage well-planned and well-built subdivisions by establishing minimal standards for design and improvement;

(8) Improve land survey monuments and records by establishing minimal standards for survey and plats;

(9) Safeguard the interests of the public, the homeowner, and the subdivider;

(10) Secure equitable handling of all subdivision plans by providing uniform procedures and standards;

(11) Ensure that pedestrian and bicycle paths and trails are extended in accordance with applicable City plans;

(12) Preserve natural vegetation and cover, and to promote the natural beauty of the City;

(13) Prevent and control erosion, sedimentation, and other pollution of surface and subsurface water;

(14) Prevent flood damage to persons and properties;

(15) Restrict building in areas poorly suited for building or construction;

(16) Prevent loss and injury from landslides, mudflows, and other geologic hazards;

(17) Ensure adequate public facilities and services are available or will be available concurrent with the projected impacts of the subdivision; and

(18) Ensure the proposal will not impose hardship or substantial inconvenience to nearby landowners or residents.

(r) Preliminary Subdivision Plan.

(1) Applicability. The preliminary subdivision plan provides general graphic information and text indicating property boundaries, easements, land use, streets, utilities, drainage, open space, parks and other information required to evaluate a proposed subdivision. A preliminary subdivision plan shall be required for every subdivision except as otherwise provided for herein.

(2) Approval Criteria. A preliminary subdivision plan shall not be approved unless the applicant proves compliance with the purpose portion of this section and with all of the following criteria:

(i) The preliminary subdivision plan will be in conformance with the Comprehensive Plan, Grand Junction Circulation Plan, and other adopted plans;

(ii) The subdivision standards in Chapter 21.06 GJMC;

(iii) The zoning standards in Chapters 21.03 and 21.04 GJMC;

(iv) Other standards and requirements of this code and other City policies and regulations;

(v) Adequate public facilities and services will be available concurrent with the subdivision;

(vi) The project will have little or no adverse or negative impacts upon the natural or social environment;

(vii) Compatibility with existing and proposed development on adjacent properties;

(viii) Adjacent agricultural property and land uses will not be harmed;

(ix) Is neither piecemeal development nor premature development of agricultural land or other unique areas;

(x) There is adequate land to dedicate for provision of public services; and

(xi) This project will not cause an undue burden on the City for maintenance or improvement of land and/or facilities.

(3) Decision-Maker. The Director is the decision-maker for all applications for preliminary subdivision plans.

(4) Application and Review Procedures.

(i) See subsection (a) of this section, Common Elements of Administrative Development Permits.

(ii) In an effort to expedite final plat approval, the applicant may provide more detailed information than is required for preliminary subdivision plan review.

(5) Notice.

(i) Public notice is not required for administrative permits except for subdivision and major site plan applications. The duty to provide notice, when required, is always the applicant’s.

(ii) Notice is provided as follows:

(B) Notice should include a general description of the proposal and the location of the property.

(6) Validity. The applicant may propose a development phasing schedule at the time of application for a preliminary subdivision plan for consideration by the Director. In the absence of an approved phasing schedule, a preliminary subdivision plan approval shall be valid for only two years, during which the applicant shall obtain final plat approval for all or a portion of the property. If a part of the property in the preliminary subdivision plan is final platted within two years, the preliminary subdivision plan approval shall be automatically renewed for an additional one year following the recording of each final plat, unless the Director notifies the applicant, in writing, to the contrary. The applicant shall plat the entire property included in the preliminary subdivision plan within six years of the initial plan approval date. After six years, approval of unplatted portions of the preliminary subdivision plan shall be considered void unless an extension is requested and approved by the decision-making body in accordance with subsection (u)(4) of this section.

(s) Final Plat.

(1) Applicability. The final plat provides detailed graphic information and associated text indicating property boundaries, easements, streets, utilities, drainage, and other information required for the maintenance of public records of the subdivision of land. A final plat shall be required for all subdivisions. The final plat shall conform to the approved preliminary subdivision plan. If a minor revision of a preliminary subdivision plan is required, the review of the revised preliminary subdivision plan may, at the discretion of the Director, proceed concurrently with final plat review.

(2) Approval Criteria. The final plat shall demonstrate compliance with all of the following:

(i) The same criteria as the preliminary subdivision plan in subsection (r) of this section; and

(ii) The preliminary subdivision plan approval and any conditions attached thereto. A part of the land area within the preliminary subdivision plan may be approved for platting.

(3) Decision-Maker. The Director shall approve, conditionally approve or deny all applications for a final plat.

(4) Additional Application and Review Procedures.

(i) If the subdivision is a “common interest community” as defined in § 38-33.3-103(8) C.R.S., then the following shall apply:

(A) The applicant shall include a declaration pursuant to §§ 38-33.3-201, 38-33.3-205 and 38-33.3-209 C.R.S.;

(B) The applicant shall address the exercise of development rights pursuant to Section 38-33.3-210, C.R.S.;

(D) An association shall be formed pursuant to § 38-33.3-301 C.R.S. and filed with the Colorado Secretary of State.

(ii) A title commitment no older than five days shall be provided before the filing of the final plat for all of the platted property.

(iii) Repealed by Ord. 4998.

(iv) Form of Final Action. The form of final approval by the Director shall be the recording of the plat as provided in subsection (u) of this section. If the Director approves the final plat, then the applicant’s surveyor or engineer shall then make any changes necessary or required to comply with final approval conditions. The plat shall then be recorded within two years of action by the Director or as directed in the approved phasing plan/development schedule, subject to extensions granted in accordance with subsection (u)(4) of this section.

(t) Construction Plans.

(1) Applicability. Construction plans, based upon the approved final plat and/or site plan and consisting of detailed specifications and diagrams illustrating the location, design and composition of all improvements identified in the final plat phase and required by this code, shall be submitted to the City for any project that necessitates the construction, reconstruction or modification of new or existing improvements. These documents shall include complete plans and specifications of all required improvements identified and approved as part of the final plat phase. The City shall keep the plans as a permanent record of the required improvements.

(2) Approval Criteria. The construction plans shall be prepared in conformance with the approved final plat and the City’s adopted standards for public improvements including those contained in this code.

(3) Decision-Maker. The Director shall approve, conditionally approve or deny all subdivision construction plans.

(4) Application and Review Procedures. Application requirements and processing procedures shall comply with subsection (a) of this section. In addition, construction plans shall be prepared for all subdivision improvements and public improvements as required by and in accordance with this code, the Submittal Standards for Improvements and Development manual, the Transportation Engineering Design Standards manual (GJMC Title 29) and all other applicable adopted City codes and policies. A completed development improvements agreement (DIA) for the public improvements together with an acceptable financial guarantee must be submitted with the construction drawings. As-built plans must be submitted to the Director prior to acceptance of public improvements for City maintenance.

(u) Recording of Subdivisions. The Director shall record all final plats and related documents as follows:

(1) The original plat, together with any other required documentation such as, but not limited to, the following, shall be submitted for recording along with all necessary recording fees: a Mylar copy; improvements agreements; powers of attorney; easement or right-of-way dedications not shown on the plat; covenants; deeds conveying property to the homeowners’ association; etc. The plat shall contain notarized signatures of each owner of the property, necessary engineer’s and surveyor’s signatures, and corporate seal, if required. All signatures and seals on the plat shall be in permanent black ink.

(2) The Director shall obtain the applicable signatures of public officials required on the plat. Upon review and payment of fees by the applicant, the Director shall record the plat at the office of the County Clerk and Recorder.

(3) Upon recording the plat, applications for planning clearances and building permits may be submitted in accordance with the provisions of this code.

(4) If the applicant does not complete all steps in preparation for recording a final plat within two years of approval of the preliminary subdivision plan, the preliminary subdivision plan shall require another review and processing as per this section and shall then meet all the required current code regulations at that time. One extension of 12 months may be granted by the Director so long as the plan is consistent with the Comprehensive Plan and current zoning requirements. Additional extensions may be granted by the Planning Commission so long as the plan is consistent with the Comprehensive Plan and current zoning requirements.

(v) Guarantees for Public Improvements.

(1) Except as provided herein, before the plat is recorded by the Director, all applicants shall be required to complete, to the satisfaction of the Director, all street, sanitary, and other public improvements, as well as lot improvements on the individual lots of the subdivision or addition as required by this code. The required improvements shall be those specified in the approved construction plans.

(2) The plat shall not be recorded until the improvements have been completed or as a condition of final plat approval, the City shall require the applicant to enter into a development improvements agreement and post a guarantee for the completion of all required improvements according to subsection (m) of this section.

(w) TEDS Exceptions. The Director has the authority to make exceptions to the requirements of the Transportation Engineering Design Standards (TEDS) manual (GJMC Title 29) in compliance with the procedure established in the manual. Special consideration shall be given to flexibility in interpretation of the standards as applied in a Neighborhood Center, Village Center, Downtown or Mixed Use Opportunity Corridor designated on the Future Land Use Map of the Comprehensive Plan.

(Ord. 4998, 4-21-21; Ord. 4936, 6-1-20; Ord. 4890, 11-20-19; Ord. 4778, 1-3-18; Ord. 4737, 2-1-17; Ord. 4619, 2-5-14; Ord. 4546, 7-18-12; Ord. 4467, 5-16-11; Ord. 4419, 4-5-10)

21.02.080 Permits requiring a public hearing.

(a) Common Elements of Permits Requiring a Public Hearing. The following requirements are common to all applications.

(1) General Meeting. At a general meeting the applicant discusses the project with City staff in more depth to obtain general feedback and ideas. Based on the amount of detail and information the applicant presents, the staff shall attempt to give direction on a proposed project. After a general meeting a development application may be submitted. A general meeting is not required for all applications. The Director may waive the general meeting requirement if it is not likely to help the neighborhood or applicant.

(b) Preapplication Conference. A preapplication conference with City staff is highly recommended for most subdivisions, multifamily, commercial and industrial projects to:

(1) Understand the project and the applicant’s objectives;

(2) Identify applicant deadlines such as property closing dates, preferred construction and operation dates;

(3) Identify the needed approvals;

(4) Identify the documents, plans, drawings, fees and other materials needed to complete the application;

(5) Identify the most significant issues; and

(6) Show the applicant how to meet the code and other requirements.

(c) Application Requirements. The Submittal Standards for Improvements and Development manual lists what is needed to apply for each type of permit. However, the particulars of a project may require different types or levels of information. At the preapplication conference, the Director will tell the applicant what information the applicant must supply to begin the assessment of the project. At any time during the process, the Director may require additional information to respond to issues or concerns. The Director will list the requirements/information told to the applicant at the preapplication conference and place the list in the file.

(1) Application Deadlines. Important application deadlines are in the Submittal Standards for Improvements and Development manual or by the Director’s written policies.

(2) Application Fees. The City Council sets fees in amounts sufficient to recover all or a portion of the taxpayer costs spent processing, giving notice, and reviewing development applications.

(3) Completeness. The Director shall determine if the application is complete. If it is not complete, the Director shall notify the applicant and the submittal will be returned. The Director shall retain a copy of the checklist identifying any submittal deficiency.

(d) General Approval Criteria. No permit may be approved unless all of the following criteria are satisfied:

(1) Compliance with the Comprehensive Plan and any applicable adopted plan.

(2) Compliance with this zoning and development code.

(3) Conditions of any prior approvals.

(4) Public facilities and utilities shall be available concurrent with the development.

(5) Received all applicable local, State and federal permits.

(e) Neighborhood Meeting. A neighborhood meeting should produce a better project through dialogue between the developer and neighbors leading to consensus. A neighborhood meeting is intended to provide information about the project so neighbors may gauge significant impacts and propose reasonable changes to the project. Neighborhood meetings are required before an application is submitted.

(1) The Neighborhood. All properties any part of which is located within a radius of 500 feet of any portion of the project are considered “the neighborhood.” Each homeowners’ association, condominium association, other organized neighborhood group (such as a merchants’ association), or any member’s lot or parcel of which is within 1,000 feet of the project is part of the neighborhood, as are any other formal or informal organized groups known to the Director, which has registered with the Public Works and Planning Department also considered “the neighborhood.” The Director will keep a list of the contact persons and addresses of such groups.

(2) Meeting Time and Procedure. The applicant must provide for a physical or virtual meeting and must conduct the meeting. Meetings must be held on a weekday evening that is not a holiday beginning between 5:30 p.m. and 8:00 p.m. The meeting date, time and format must be approved by the Director no less than 14 days in advance of the meeting date. A required neighborhood meeting must be held not more than 180 days before the application is submitted.

(3) Meeting Content and Conduct. At the meeting the applicant shall present a concept plan, describe project impacts, describe ways to mitigate impacts, and facilitate a discussion and answer questions during the meeting. The concept plan shall, at a minimum, delineate access to the site, internal circulation, the range of density of the entire property or the maximum intensity (square footage and stories for all buildings). The meeting shall be conducted so that participants have an opportunity to ask questions and provide comments. City staff should gather information and explain the rules and requirements. City staff shall provide information regarding the project’s compliance with the Comprehensive Plan and any applicable adopted plan or ordinance. Included with the application submittal, the applicant must give the Director a written list of names and addresses of those given notice, how notice was provided, and those participating in the meeting attending, along with a written summary of the meeting including any public comment received.

(4) Notice. The applicant shall provide written notice of the date, time, place if an in-person meeting is conducted or the web location/host, together with any and all information required to access the meeting if conducted virtually and subject of the meeting to every owner and group in the neighborhood, as well as the City Community Development Department. The notice must be approved by the Director no less than 14 days in advance of the meeting date and shall be, at a minimum, delivered by U.S. mail. The notice must be made no later than 10 calendar days prior to the meeting date.

(f) Procedures.

(1) Staff Review. Applications shall be reviewed by City staff and other appropriate agencies for compliance with City and agency codes and policies. Upon completion of staff review, the staff shall provide its comments in writing to the applicant.

(2) Review by Other Agencies. The staff shall forward copies of the applications to appropriate agencies for their comments. Examples of review agencies are:

(i) City departments;

(ii) Telecommunications, gas, electric and other utilities;

(iii) Irrigation, drainage, water and sewage, sewer provider special districts;

(iv) School and fire agencies;

(v) Law enforcement;

(vi) Mesa County staff, Planning Commission, or Board of Commissioners;

(vii) State agencies (e.g., Colorado Geologic Survey, Colorado Department of Transportation, Colorado Department of Natural Resources, Colorado Division of Wildlife, etc.); and

(viii) Federal agencies (e.g., Federal Emergency Management Agency, Bureau of Land Management, U.S. Army Corps of Engineers, etc.).

(3) Agency and Department Comments. The agencies’ review will be advisory in character, and does not constitute approval or disapproval. All comments shall be forwarded to the applicant for response.

(4) Applicant’s Response. An application submitted to the City for review must be diligently pursued and processed by the applicant. Accordingly, if the applicant, within 90 calendar days of mailing of the City’s review, comments on any submittal (or resubmittal) of an application for approval of a development application, does not resubmit revised documents to address comments from the City, the development application shall lapse and become null and void. The Director may grant two extensions of the foregoing 90-day requirement, not to exceed a total extension of 180 days.

(5) Review of Response. The Director shall determine if sufficient information has been provided to schedule the application for a hearing. If the application is insufficient the applicant shall be notified. The applicant shall be allowed additional resubmittals and responses before the application is scheduled for a hearing.

(g) Notice.

(1) Purpose. Notice of public hearings allow for community input and due process (the opportunity to be heard) for the applicant and neighbors. Accordingly, nothing herein shall prohibit the Director from providing public notice beyond that legally required, at the applicant’s cost.

(2) Published Notice.

(i) Unless otherwise provided in this section, a notice setting forth the date, time, place and purpose of such a public hearing, the name of the applicant and identification of the subject property must be published at least once. The Director shall be responsible for giving notice.

(ii) In computing notice time, the day of the hearing shall be excluded.

(iii) The applicant shall either provide the information for the notice, or pay the City to prepare the information.

(iv) All published notices shall be published in a local newspaper of general circulation recognized by the City.

(3) Mailed Notice of Public Hearing.

(i) The Director must mail notice of a public hearing, as required below, by U.S. mail at the applicant’s cost to each owner at the address on file with the Mesa County, Colorado, Assessor.

(ii) At the applicant’s cost, the Director shall also give notice to each person who attended any required neighborhood meeting.

(iii) Mailed notice shall state the date, time and place of the hearing, a general description of the proposal, the location of the project, a statement explaining that any person will be heard at the public hearing and other such requirements. Newspaper clippings of the published notice shall not be used for mailed notice. Notice shall be delivered by U.S. mail.

(iv) All mailed notices must be sent no less than 10 days before a public hearing and must include each homeowners’ association (HOA) or other group registered with the Public Works and Planning Department within 1,000 feet.

(4) Property Sign.

(i) When required below, the applicant shall post approved signs giving notice of the application. The applicant shall post at least one sign on each street frontage of the property at least 10 calendar days before the initial public hearing and remain posted until the day after the final hearing. The applicant shall maintain the sign on the property until the day after the final public hearing.

(ii) One sign per street frontage is required.

(5) Five Percent Notice. Mailed notice and sign posting is not required for Comprehensive Plan amendments, rezonings, or zones of annexations for requests relating to more than five percent of the area of the City and/or related to a Citywide or area plan process.

(6) Combined Notice. If a project requires action on several permits at the same hearing, the Director may provide for a single, combined notice.

(7) Substantial Compliance. Notice is sufficient if there is complete substantial compliance with the requirements of this section. For example, minor errors in the words of the notice, or in the number of signs on a property (where multiple signs are required) will not invalidate the notice. On the other hand, the requirements of the number of days of notice, the general type of notice for the correct time, date and place of a hearing, and the location of the property must be completely correct. If a question arises, the decision-making body shall decide if adequate notice was given.

Type of Submittal or Request	Published Notice	Mailed Notice	Sign Notice
Administrative Development Application	–	–	–
Development Application Requiring Public Hearing	7 days	Owners within 500 feet	Yes
Comprehensive Plan Text Amendment	7 days	–	–
Code Text Amendment	7 days	–	–
Historic Preservation	7 days	–	–
Grand Junction Circulation Plan Amendment	7 days	–	–
Revocable Permit	–	–	–
Vested Rights	Within 10 days of approval	–	–
Subdivisions	–	Owners within 500 feet	Yes

(h) Request for a Continuance Prior to Hearing.

(1) An applicant shall have the right to one continuance before the Planning Commission, Zoning Board of Appeals or City Council. A written request for the continuance shall be submitted by the applicant or their representative to the Director. A request for a continuance may also be made by the City staff, the Planning Commission or City Council.

(2) An applicant requesting a continuance shall make reasonable efforts to notify all persons previously advised of the hearing that a continuance has been requested. Reasonable efforts shall include, but not be limited to, personal notice, broadcast or print media notice and any other form of notice determined by the Director to be reasonable. The applicant shall reimburse the City and provide all materials necessary to provide written notice of the rescheduled public hearing date to surrounding property owners in the same manner and with the same time schedule as the original date.

(3) The review body may grant one continuance to a time, place and date certain, without taking any testimony, except pertaining to the adequacy of the notice.

(i) Withdrawal of Application. Before a hearing on an application is opened, the applicant may request in writing that the application be withdrawn. Fees will not be refunded. An applicant may ask to withdraw after the hearing is opened, but the decision-making body will decide whether or not to approve the request.

(j) Public Hearing Procedures.

(1) Timing. The Director shall schedule an application for hearing only when all issues have been resolved and a determination of compliance with all codes and regulations is made.

(2) Applicant’s Option. An applicant has the right to request a hearing at any time during the review process.

(3) Conduct of Hearing.

(i) Any person may offer relevant information in writing or in person. Every speaker representing one or more other persons shall state his/her name, street address, and if an organization or group, the name and mailing address of the organization or group.

(ii) The Director’s written report and recommendations should be available three calendar days before the public hearing.

(iii) The Chair shall exclude testimony and evidence that is irrelevant, immaterial, unduly repetitious or disruptive. Ordinarily no one presenting testimony or evidence may ask questions of other persons appearing as witnesses; although the chairperson of the body may ask questions suggested by a person presenting testimony. At any point, members of the body conducting the hearing may ask questions of the applicant, staff or public.

(iv) No person shall knowingly make a false statement nor present false, deceptive or slanderous testimony, comment or remarks at a public hearing.

(4) Continuance. The decision-making body may grant a continuance of the public hearing.

(5) Additional Rules. The body conducting the hearing may adopt rules of procedure to limit the number of applications to be considered per meeting, limit the time for each presentation or speaker or, as provided by this section, temporarily hear and decide quasi-judicial hearings in accordance with the alternative hearing procedure, which are adopted by this reference and incorporated as if fully set forth.

(k) Decision-Making. The decision-making body shall make decisions based on policies, standards, plans, recommendations, the applicable law, the testimony and information presented at the hearing.

(1) Authority to Condition Development Approvals. The decision-making body may impose conditions to protect the neighborhood, implement this code and other rules and regulations and ensure compliance with any applicable policy or requirement.

(2) Planning Commission as Recommending Body to City Council. If the Planning Commission is the recommending body, recommendations shall be forwarded to the City Council.

(l) Scope of Action. The review body may take any action regarding the application that is consistent with notice, including approval with conditions or denial. The reviewing body may allow the applicant to amend the application if the amendment reduces the project density, reduces the impact of the project, or the amount of land involved in the project.

(m) Post-Decision Proceedings.

(1) Rehearing. Any aggrieved person, including the Director, may request a rehearing or file an appeal of a final action (see GJMC 21.02.210).

(2) Amendments and Revisions to Approval.

(i) The Director may approve corrections and revisions deemed minor to an approved application, in writing, subject to appeal to the decision-maker. A minor revision is one necessary in light of technical considerations that does not substantively change the character of the development approval.

(ii) The Director must give five days’ notice of such corrections by posting at City Clerk agenda board.

(n) Validity.

(1) Noncompliance. Upon a finding that any of the following conditions exist, all activities taken pursuant to such development application shall immediately cease, and no person shall continue construction or make use of or maintain any activity pursuant to such approval if:

(i) The applicant fails to satisfy any condition of the approval;

(ii) The applicant fails to timely complete all work and construction set forth in a development improvements agreement. If no time limit for satisfaction of conditions is specified in the original or revised approval of the development application, the time shall be presumed to be one year from the date of approval; or

(iii) The applicant fails to fulfill any promise made in writing or at any public hearing.

(2) Extension Procedures.

(i) Considerations. Development approval deadline or a development phasing schedule may be set for greater than one year, but not more than 10 years, by the decision-making body. The decision-making body may extend any deadline if the applicant demonstrates why the original effective period or development phasing schedule was not sufficient and cannot be met. The decision-making body shall consider when deciding to extend or change any deadlines if development regulations have materially changed so as to render the project inconsistent with the regulations prevailing at the time the extension would expire.

(ii) Requests. A request to extend any deadline shall be submitted in writing to the Director prior to the expiration of the original approval or deadline.

(Ord. 5002, 6-2-21; Ord. 4967, 12-2-20; Ord. 4923, 6-3-20; Ord. 4419, 4-5-10)

21.02.090 Vacation of plat.

(a) Purpose. This section is intended to provide a process for the vacation of plats, maps, and subdivisions that are no longer viable and to ensure the vacation minimizes any adverse impacts on the applicant, surrounding property owners, and the City.

(b) Applicability. If a plat has not been developed, has been partially developed, or has not been developed as approved, then the owner or the City may apply for a vacation of the plat.

(1) The Comprehensive Plan, Grand Junction Circulation Plan, and other adopted plans and policies of the City;

(2) No parcel shall be landlocked as a result of the vacation;

(3) Access to any parcel shall not be restricted to the point that access is unreasonable, economically prohibitive, and/or reduces or devalues any property affected by the proposed vacation;

(4) There shall be no adverse impacts on the health, safety, and/or welfare of the general community, and the quality of public facilities and services provided to any parcel of land shall not be reduced (e.g., police/fire protection and utility services); and

(5) The provision of adequate public facilities and services to any property as required in Chapter 21.06 GJMC shall not be inhibited by the proposed vacation.

(d) Decision-Maker.

(1) The Director shall make recommendations to the Planning Commission.

(2) The Planning Commission shall approve, conditionally approve or deny all applications for a plat vacation, except those subject to subsection (d)(3) of this section.

(3) If the plat to be vacated includes rights-of-way or easements, the Director and Planning Commission shall make recommendations and the City Council shall approve, conditionally approve or deny all applications for a plat vacation.

(Ord. 4419, 4-5-10)

21.02.100 Vacation of public right-of-way or easement.

(a) Purpose. The purpose of this section is to permit the vacation of surplus rights-of-way and/or easements.

(b) Applicability. Applications for vacation of any street, alley, easement or other public reservation may be made by the City or by any owner of property on which the street, alley or public reservation lies or adjoins.

(1) The Comprehensive Plan, Grand Junction Circulation Plan and other adopted plans and policies of the City;

(2) No parcel shall be landlocked as a result of the vacation;

(3) Access to any parcel shall not be restricted to the point where access is unreasonable, economically prohibitive, or reduces or devalues any property affected by the proposed vacation;

(5) The provision of adequate public facilities and services shall not be inhibited to any property as required in Chapter 21.06 GJMC; and

(6) The proposal shall provide benefits to the City such as reduced maintenance requirements, improved traffic circulation, etc.

(d) Decision-Maker.

(1) The Director and Planning Commission shall make recommendations to the City Council.

(2) The City Council shall approve, conditionally approve or deny all applications for a vacation of a right-of-way or easement. Vacation of a right-of-way shall be accomplished by the passing of an ordinance by the City Council. Vacation of an easement shall be accomplished by resolution of the City Council.

(3) The Director has the authority to review and approve, conditionally approve or deny a request for the vacation of an easement created for a temporary purpose, granted to the City by a separate instrument and not dedicated on a plat or map.

(e) A neighborhood meeting is not required prior to application for the vacation of an easement.

(f) Recording. All vacations must be recorded with the Mesa County Clerk and Recorder.

(Ord. 4936, 6-1-20; Ord. 4419, 4-5-10)

21.02.110 Conditional use permit (CUP).

(a) Purpose. The purpose of a conditional use review is to provide an opportunity to utilize property for an activity which under usual circumstances could be detrimental to other permitted uses, and which normally is not permitted within the same district. A conditional use may be permitted under circumstances particular to the proposed location and subject to conditions that provide protection to adjacent land uses. A conditional use is not a use by right; it is one that is otherwise prohibited within a given zone district without approval of a conditional use permit.

(b) Applicability. A conditional use permit shall be required prior to the establishment of any conditional use identified in Chapter 21.04 GJMC or elsewhere in this code.

(1) District Standards. The underlying zoning districts standards established in Chapter 21.03 GJMC, except density when the application is pursuant to GJMC 21.08.020(c);

(2) Specific Standards. The use-specific standards established in Chapter 21.04 GJMC;

(3) Availability of Complementary Uses. Other uses complementary to, and supportive of, the proposed project shall be available including, but not limited to: schools, parks, hospitals, business and commercial facilities, and transportation facilities;

(4) Compatibility with Adjoining Properties. Compatibility with and protection of neighboring properties through measures such as:

(i) Protection of Privacy. The proposed plan shall provide reasonable visual and auditory privacy for all dwelling units located within and adjacent to the site. Fences, walls, barriers and/or vegetation shall be arranged to protect and enhance the property and to enhance the privacy of on-site and neighboring occupants;

(ii) Protection of Use and Enjoyment. All elements of the proposed plan shall be designed and arranged to have a minimal negative impact on the use and enjoyment of adjoining property;

(iii) Compatible Design and Integration. All elements of a plan shall coexist in a harmonious manner with nearby existing and anticipated development. Elements to consider include: buildings, outdoor storage areas and equipment, utility structures, building and paving coverage, landscaping, lighting, glare, dust, signage, views, noise, and odors. The plan must ensure that noxious emissions and conditions not typical of land uses in the same zoning district will be effectively confined so as not to be injurious or detrimental to nearby properties.

(d) Decision-Maker.

(1) The Director shall make recommendations to the Planning Commission.

(2) The Planning Commission shall approve, conditionally approve or deny all applications for a conditional use permit.

(e) Application and Review Procedures. Application requirements and processing procedures are described in GJMC 21.02.080. Site plan review and approval (pursuant to GJMC 21.02.070(f) or (g)) can occur either before or after the approval of a conditional use permit by the Planning Commission. In either case, the applicant shall submit a site sketch showing sufficient detail to enable the Planning Commission to make findings on the conditional use permit criteria (subsection (c) of this section) and showing all site design features which are proposed or necessary to mitigate neigh-

borhood impacts and/or enhance neighborhood compatibility. The Planning Commission can request additional information from the applicant if it deems the site sketch is insufficient to enable it to make a determination on the criteria. In any subsequent site plan review, the Director shall ensure and determine that all mitigating/enhancing site features approved or made conditions of approval by the Planning Commission are depicted on the approved site plan.

(f) Site Expansion or Changes. If the applicant changes or expands a structure or other feature of a site that is subject to a conditional use permit, the Director shall determine whether the expansion/change is “major” or “minor.” A major expansion/change shall be reviewed by the Planning Commission in accordance with the criteria for a conditional use permit. A minor expansion/change shall be reviewed administratively in accordance with the applicable site plan review criteria and conditions of the conditional use permit. A major expansion or change is one which:

(1) Affects, changes, removes or eliminates a site feature or condition which was approved or imposed for the purpose of mitigating neighborhood impacts or enhancing neighborhood compatibility as described in subsection (c)(4) of this section;

(2) Increases the intensity of the use, the off-site impacts such as noise, light or odor, or the hours of operation;

(3) Results in a substantial change to the features shown on the site sketch which formed the basis of the Planning Commission’s approval of the conditional use permit.

All other expansion/changes shall be considered minor.

(g) Validity. A conditional use permit approval shall run with the land and remain valid until the property changes use or the use is abandoned and nonoperational for a period of 12 consecutive months.

(h) Amendment or Revocation of Conditional Use Permit.

(1) Interested Party. Any interested party may apply to the City for the amendment or revocation of a conditional use permit. For purposes of this section, “interested party” shall include the following:

(i) The original applicant or successor in interest, or the current owner or lessee of the property for which the conditional use was granted (may also be referred to as the permit holder);

(ii) The City;

(iii) Any owner or lessee of property that lies within 500 feet of the property for which the conditional use permit was granted.

(2) Fee. Any person or entity, other than the City, seeking to amend or revoke a conditional use permit shall pay a fee in the amount established for an application for a conditional use permit.

(3) Preliminary Criteria. An applicant for amendment or revocation of a conditional use permit must establish the following to the satisfaction of the decision-maker before the requested change(s) can be considered by the decision-maker:

(i) Grounds for Amendment – Permit Holder. A conditional use permit may be amended at the request of the holder of the permit (the holder of the permit being the original applicant or successor in interest or the current owner or lessee of the land subject to the conditional use permit) upon a showing that a substantial change in circumstance has occurred since the approval of the permit which would justify a change in the permit.

(ii) Grounds for Revocation or Termination – Permit Holder. A conditional use permit may be revoked or terminated at the request of the holder of the permit upon a showing that, under this title, the use is an allowed use in the zone in which it is now established.

(iii) Grounds for Amendment or Revocation – Other Interested Party. A conditional use permit may be amended or revoked at the request of any other interested party if one or more of the following is established:

(A) The conditional use permit was obtained by misrepresentation or fraud;

(B) The use, or, if more than one, all the uses, for which the permit was granted has ceased or has been suspended for six months;

(C) The holder or user of the conditional use permit has failed to comply with any one or more of the conditions placed on the issuance of the permit;

(D) The holder or user of the conditional use permit has failed to comply with any City regulation governing the conduct of that use;

(E) The holder or user of the conditional use permit has failed to construct or maintain the approved site as shown on the approved site plan;

(F) The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.

(iv) Due Process. No conditional use permit shall be amended or revoked against the wishes of the holder of the permit without first giving the holder an opportunity to appear before the Planning Commission and show cause as to why the permit should not be amended or revoked. Amendment or revocation of the permit shall not limit the City’s ability to initiate or complete other legal proceedings against the holder or user of the permit.

(4) Decision-Maker. All applications for amendment of a conditional use permit shall be processed in the same manner as a new request for a conditional use permit, as set forth in subsection (e) of this section.

(5) Approval Criteria. An application for amendment or revocation of a conditional use permit shall demonstrate that the development or project will comply with all of the criteria set forth in subsection (c) of this section.

(Ord. 4691, 2-17-16; Ord. 4463, 4-4-11; amended during 2010 codification; Ord. 4419, 4-5-10)

21.02.120 Special permit.

(a) Purpose. The special permit review provides an opportunity for additional flexibility when considering a land use that may be less than permanent. The special permit review is accomplished through a City Council discretionary review process. A special permit may be permitted under circumstances particular to the proposed location and subject to conditions that provide protection to adjacent land uses. A special permit is required only when more flexibility is required beyond that afforded to the Director through the administrative adjustment process (see GJMC 21.02.070(l)).

(b) Applicability.

(1) A special permit is allowed in those areas designated Neighborhood Center, Village Center, City Center (which includes Downtown) or Mixed Use Opportunity Corridors on the Future Land Use Map of the Comprehensive Plan or in the C-1 and I-O zone districts along Horizon Drive north of G Road including Crossroads Boulevard and Horizon Court. A special permit shall be required prior to:

(i) Allowing additional height beyond that permitted by a district’s bulk standards; or

(ii) Allowing additional building area beyond that permitted by a district’s bulk standards.

(2) A special permit is allowed in all zone districts for the following uses and shall be required prior to:

(i) Repealed by Ord. 4890;

(ii) An interim use located in any zone district where:

(A) The development is proposed as an interim use that is allowed in the district, or as an interim use established with a minimal investment that can be easily redeveloped at the density or intensity envisioned by the Comprehensive Plan; and

(B) The applicant demonstrates that the development design and any proposed infrastructure improvements further the future development of the property at the density or intensity envisioned by the Comprehensive Plan;

(iii) Any other special permit found elsewhere in this code.

(1) Comprehensive Plan. The special permit shall further the goals and policies of the Comprehensive Plan. The special permit shall serve to determine the location and character of site(s) in a Neighborhood Center, Village Center, City Center or Mixed Use Opportunity Corridors on the Future Land Use Map of the Comprehensive Plan;

(2) Site Plan Review Standards. All applicable site plan review criteria in GJMC 21.02.070(g) and Submittal Standards for Improvements and Development, Transportation Engineering Design Standards (GJMC Title 29), and Stormwater Management Manual(s) (GJMC Title 28);

(3) District Standards. The underlying zoning district standards established in Chapter 21.03 GJMC, except as expressly modified by the proposed special permit; and

(4) Specific Standards. The use-specific standards established in Chapter 21.04 GJMC.

(d) Decision-Maker.

(1) The Director shall make recommendation(s) to the Planning Commission.

(2) The Planning Commission shall make recommendation(s) to the City Council.

(3) The City Council shall approve, conditionally approve or deny all applications for a special permit.

(e) Application and Review Procedures. Application requirements and processing procedures are described in GJMC 21.02.080.

(f) Validity. A special permit approval shall run with the land. City Council shall have authority to limit the scope and duration of a special permit for an interim use.

(Ord. 4890, 11-20-19; Ord. 4428, 6-14-10; Ord. 4419, 4-5-10)

21.02.130 Comprehensive Plan amendment (CPA).

(a) Purpose. In order to maintain internal consistency within the Comprehensive Plan, administrative changes and proposed amendments to the Comprehensive Plan must be consistent with the vision (intent), goals and policies included in the Plan.

(b) Applicability. All proposed amendments to the text of the Comprehensive Plan shall comply with the provisions of this section. Any proposed development that is inconsistent with any goals or policies of the Comprehensive Plan shall first receive approval of a Comprehensive Plan amendment. The Comprehensive Plan shall include all neighborhood plans, corridor plans, area plans, the Grand Junction Circulation Plan, and all other elements adopted as a part of the Comprehensive Plan.

(1) Jurisdiction Approvals. Changes to various areas of the Grand Junction Comprehensive Plan require different land use approvals:

(i) Land use changes located within the City limits may be approved by the City and do not require County approval.

(ii) Changes to land use designations inside the Persigo 201 Boundary (outside the City limits) require annexation and City approval and do not require County approval.

(iii) Changes to land use designations outside of the Persigo 201 Boundary require County approval and do not require City approval.

(iv) Changes to the Persigo 201 Service Area require approval by the Persigo Board, which is comprised of the County Commissioners and the City Council.

(v) Each entity will have an opportunity to comment on proposed changes to the Comprehensive Plan prior to adoption of the amendment.

(1) The City may amend the Comprehensive Plan, neighborhood plans, corridor plans and area plans if the proposed change is consistent with the vision (intent), goals and policies of the Comprehensive Plan and:

(i) Subsequent events have invalidated the original premises and findings; and/or

(ii) The character and/or conditions of the area has changed such that the amendment is consistent with the Plan; and/or

(iii) Public and community facilities are adequate to serve the type and scope of land use proposed; and/or

(iv) An inadequate supply of suitably designated land is available in the community, as defined by the presiding body, to accommodate the proposed land use; and/or

(v) The community or area, as defined by the presiding body, will derive benefits from the proposed amendment.

(2) The City and County shall amend the Grand Junction Circulation Plan if:

(i) There was an error such that then-existing facts, projects, or trends that were reasonably foreseeable were not accounted for; or

(ii) Subsequent events have invalidated the original premises and findings;

(iii) The character and/or condition of the area have changed enough that the amendment is acceptable;

(iv) The community or area, as defined by the presiding body, will derive benefits from the proposed amendment;

(v) The change will facilitate safe and efficient access for all modes of transportation; and

(vi) The change furthers the goals for circulation and interconnectivity.

(d) Decision Maker: Administrative Changes.

(1) Where the City of Grand Junction has sole jurisdiction, the Director has the authority to:

(i) Make minor additions or clarifications to the policy section;

(ii) Correct errors or grammar;

(iii) Make land use designation changes for property that has multiple land use designations and is consistent with project approvals;

(iv) Approve flexibility in the location of the Village and Neighborhood Center by granting a one-half-mile leeway; and

(v) Allow the processing of a rezone application or request without a plan amendment when the proposed zoning is inconsistent with the Comprehensive Plan and the property is adjacent to the land use designation that would support the requested zone district.

(e) Decision-Maker: Plan Amendments.

(1) Inside of Persigo 201 Boundary. Concerning property within the Persigo 201 Boundary, which will be annexed if not already within the City limits, the Director and Planning Commission shall recommend and the City Council’s action is the City’s final action. City Council shall hold a public hearing prior to any decision regarding a Comprehensive Plan amendment within the Persigo 201 Boundary.

(2) Failure of Amendment. If an amendment request fails, any pending development application must be changed to be consistent with the plan.

(f) Application and Review Procedure.

(1) Procedure. See GJMC 21.02.080.

(2) Deadlines.

(i) Plan amendments shall be processed when they are received.

(3) Application Requirements.

(i) Minimum Requirements. In making a request for a Plan amendment the applicant shall address each of the criteria provided in this section.

(ii) Optional Materials. In addition to the required written descriptions, justifications and responses, the City Council, Planning Commission or staff may request additional documents, reports, studies, plans and drawings as deemed necessary to fully evaluate the request. The applicant may submit additional relevant materials.

(Ord. 4419, 4-5-10)

21.02.140 Code amendment and rezoning.

(a) Approval Criteria. In order to maintain internal consistency between this code and the zoning maps, map amendments must only occur if:

(1) Subsequent events have invalidated the original premises and findings; and/or

(2) The character and/or condition of the area has changed such that the amendment is consistent with the Plan; and/or

(3) Public and community facilities are adequate to serve the type and scope of land use proposed; and/or

(4) An inadequate supply of suitably designated land is available in the community, as defined by the presiding body, to accommodate the proposed land use; and/or

(5) The community or area, as defined by the presiding body, will derive benefits from the proposed amendment.

(b) Decision-Maker.

(1) The Director and Planning Commission shall make recommendations to the City Council.

(2) City Council shall make the final decision. Either the Planning Commission or the City Council may add additional property to be considered for a zoning change if such additional property is identified in the notice, in accordance with GJMC 21.02.080(g).

(1) Procedure. See GJMC 21.02.080.

(2) Mixed Use Opportunity Corridors. Residentially zoned property within a Mixed Use Opportunity Corridor designated on the Future Land Use Map in the Comprehensive Plan that are currently zoned for residential purposes may be rezoned to the Mixed Use Opportunity Corridor form district (MXOC) if the property is not also within a Village or Neighborhood Center, or to one of the other form districts of GJMC 21.03.090 if the property is also within a Village or Neighborhood Center, so long as the depth of the lot measured perpendicular to the corridor is at least 150 feet. When considering a rezone to a form district, the City Council shall consider the following:

(i) The extent to which the rezoning furthers the goals and policies of the Comprehensive Plan; and

(ii) The extent to which the proposed rezoning would enhance the surrounding neighborhood by providing walkable commercial, entertainment and employment opportunities, as well as alternative housing choices.

(3) Text Amendment. An application for an amendment to the text of this code shall address in writing the reasons for the proposed amendment.

(Ord. 4646, 11-19-14; Ord. 4419, 4-5-10)

21.02.150 Planned development (PD).

(a) Purpose. The planned development (PD) district is intended to apply to mixed use or unique single use projects to provide design flexibility not available through strict application and interpretation of the standards established in Chapter 21.05 GJMC. The PD zone district imposes any and all provisions applicable to the land as stated in the PD zoning ordinance. The purpose of the PD zone is to provide design flexibility as described in GJMC 21.05.010. Planned development rezoning should be used when long-term community benefits will be derived, and the vision, goals and policies of the Comprehensive Plan can be achieved. Long-term community benefits include:

(1) More efficient infrastructure;

(2) Reduced traffic demands;

(3) More usable public and/or private open space;

(4) Recreational amenities; and/or

(5) Needed housing choices.

(b) Outline Development Plan (ODP).

(1) Applicability. An outline development plan is required. The purpose of an ODP is to demonstrate conformance with the Comprehensive Plan, and coordination of improvements within and among individually platted parcels, sections or phases of a development prior to the approval of a final plat. At ODP, zoning for the entire property or for each “pod” designated for development on the plan is established. This step is recommended for larger, more diverse projects that are expected to be developed over a long period of time. Through this process, the general pattern of development is established with a range of densities assigned to individual “pods” that will be the subject of future, more detailed planning.

(2) Approval Criteria. An ODP application shall demonstrate conformance with all of the following:

(i) The Comprehensive Plan, Grand Junction Circulation Plan and other adopted plans and policies;

(ii) The rezoning criteria provided in GJMC 21.02.140;

(iii) The planned development requirements of Chapter 21.05 GJMC;

(iv) The applicable corridor guidelines and other overlay districts in GJMC Titles 23, 24 and 25;

(v) Adequate public services and facilities shall be provided concurrent with the projected impacts of the development;

(vi) Adequate circulation and access shall be provided to serve all development pods/areas to be developed;

(vii) Appropriate screening and buffering of adjacent property and uses shall be provided;

(viii) An appropriate range of density for the entire property or for each development pod/area to be developed;

(ix) An appropriate set of “default” or minimum standards for the entire property or for each development pod/area to be developed;

(x) An appropriate phasing or development schedule for the entire property or for each development pod/area to be developed; and

(3) Decision-Maker.

(i) The Director and Planning Commission shall make recommendations to City Council.

(ii) City Council shall approve, conditionally approve or deny all applications for an ODP and accompanying planned development rezoning.

(4) Additional Application and Review Procedures.

(i) Simultaneous Review of Other Plans. An applicant may file an ODP with a final development plan for all or a portion of the property, as determined by the Director at the preapplication conference.

(ii) Density/Intensity. Density/intensity may be transferred between development pods/areas to be developed unless explicitly prohibited by the ODP approval.

(iii) Validity. The effective period of the ODP/phasing schedule shall be determined concurrent with ODP approval. The ODP/phasing schedule shall not be subject to any other validity section(s) of the code.

(iv) Required Subsequent Approvals. Following approval of an ODP, a subsequent final development plan approval shall be required before any development activity occurs.

(1) Applicability. The plan and the plat ensure consistency with the approved ODP and specific development and construction requirements of various adopted codes.

(2) Approval Criteria. A final development plan application shall demonstrate conformance with all of the following:

(i) The approved ODP, if applicable;

(ii) The approved PD rezoning ordinance, if applicable;

(iii) The Submittal Standards for Improvements and Development, Transportation Engineering Design Standards (GJMC Title 29), and Stormwater Management Manual (GJMC Title 28) manuals and all other applicable development and construction codes, ordinances and policies;

(iv) The applicable site plan review criteria in GJMC 21.02.070(g); and

(v) The applicable final plat criteria in GJMC 21.02.070(s).

(3) Decision-Maker. The Director shall approve, conditionally approve, or deny all applications for a final development plan.

(4) Additional Application and Review Procedures.

(i) Concurrent Review of Subdivision. Unless specified otherwise at the time of ODP approval, if the form of ODP approval was a subdivision plan, a final plat may be approved and recorded prior to final plan approval for individual lots.

(ii) Review of Covenants. The City Attorney shall review and approve all covenants and restrictions prior to final development plan approval.

(iii) Notice. Notice of a final development plan is not required unless the Planning Commission elects to take final action. In such instances, notice shall be provided in the same manner and form as is required with an ODP.

(iv) Form of Final Action. The form of final approval by the Director shall be in the form of a decision letter.

(5) Recording. Upon final approval, the plat shall be recorded, if applicable, in accordance with GJMC 21.02.070(u). The final plat shall, at a minimum, contain all of the following information that is pertinent to the PD: the bulk standards; a list of approved and/or specifically excluded uses; and any pertinent conditions or stipulations that were previously made or imposed.

(d) Guarantees for Public Improvements.

(1) Except as provided herein, before the plan and plat are recorded by the Director, all applicants shall be required to complete, to the satisfaction of the Director, all street, sanitary, and other public improvements, as well as lot improvements on the individual lots of the subdivision as required by this code. The required improvements shall be those specified in the approved construction plans as per GJMC 21.02.070(t); or

(2) As a condition of final plan and plat approval, the City shall require the applicant to enter into a development improvements agreement and post a guarantee for the completion of all required improvements as per GJMC 21.02.070(m).

(e) Amendments to Approved Plans.

(1) Planned Development Rezoning Ordinance. The use, density, bulk performance and default standards contained in an approved PD rezoning ordinance may be amended only as follows, unless specified otherwise in the rezoning ordinance:

(i) No use may be established that is not permitted in the PD without amending the rezoning ordinance through the rezoning process. Uses may be transferred between development pods/areas to be developed through an amendment to the ODP provided the overall density for the entire PD is not exceeded;

(ii) The maximum and minimum density for the entire PD shall not be exceeded without amending the rezoning ordinance through the rezoning process; and

(iii) The bulk, performance and default standards may not be amended for the PD or a development pod/area to be developed without amending the PD rezoning ordinance through the rezoning process.

(2) Outline Development Plan. The approved outline development plan may be amended only by the same process by which it was approved, except for minor amendments. Unless the adopted PD rezoning ordinance provides otherwise, the approved outline development plan may be amended as follows:

(i) Minor Amendments. The Director may approve the following amendments for individual lots within the area covered by an outline development plan provided all standards in the adopted PD rezoning ordinance are met:

(A) Decreases in density so long as the character of the site is maintained;

(B) Changes in bulk standards of up to 10 percent so long as the character of the site is maintained;

(C) Changes in the location and type of landscaping and/or screening so long as the character and intent of the original design are maintained;

(D) Changes in the orientation or location of parking areas and vehicular and pedestrian circulation areas so long as the effectiveness and character of the overall site circulation, parking and parking lot screening are maintained; and

(E) The reorientation, but not complete relocation, of major structures so long as the character of the site is maintained.

(F) Simple subdivision.

(ii) Minor Amendment Review Process. Such amendments shall be reviewed by the Director using the following review criteria:

(A) The amendment shall not represent a significant change in any of the agreed upon deviations from the default standards.

(iii) Major Amendments. All other amendments to the outline development plan shall be reviewed by the Director and Planning Commission using the same process and criteria used for ODP review and approval. Final decision shall be made by City Council.

(3) Final Development Plan. Amendments to the final development plan may be approved by the Director using the same process and criteria used for outline development plan review and approval. Final development plans must be consistent with the approved outline development plan and rezoning ordinance.

(f) Lapse of Plan.

(1) If a planned development, or any portion thereof, has not been completed in accordance with the approved development schedule, a “lapse” shall be deemed to have occurred and the terms of all approved plans for incomplete portions of the PD shall be null and void.

(2) If lapse occurs, then either (i) or (ii) shall occur:

(i) Within 30 days of the lapse, the property owner may initiate a rezone by filing an application for rezone pursuant to GJMC 21.02.140. Should an application not be received within 30 days of the lapse, the Director shall provide written notice to the property owner of the intent to rezone the property. Mailed notice shall be sent to the address included in the development application and to the property owner available in the County Assessor’s record. The Director shall initiate the rezone without consent of the property owner if the property owner fails to submit an application for rezone within 45 days of mailed notice.

(ii) Within 30 days of lapse, the property owner shall submit an application for an outline development plan for the property pursuant to subsection (b) of this section.

(g) General Provisions.

(1) Contractual Agreement. Approval of a PD allows the development and use of a parcel of land under certain, specific conditions. Conditions of approval shall be filed with the Director in the review process. No use of the parcel, nor construction, modification, or alteration of any use or structures within a PD project shall be permitted unless such construction, modification or use complies with the terms and conditions of an approved final development plan. Each subsequent owner and entity created by the developer, such as property owners’ associations or an architectural review committee, shall comply with the terms and conditions of approval. The developer shall set forth the conditions of approval within covenants. Such covenants shall be recorded with the final approved plan and plat.

(2) Transfer of Ownership. No person shall sell, convey, or transfer ownership of any property or any portion thereof within a PD zone until such person has informed the buyer of the property’s status with respect to the PD process and conditions of approval. The City shall bear no liability for misrepresentation of terms and conditions of an existing approval.

(3) Planned Development Zone Designation. The Director shall designate each approved PD on the Official Zoning Map.

(Ord. 4927, 5-20-20; Ord. 4419, 4-5-10)

21.02.160 Annexation.

(a) Purpose. In accordance with State statutes, land may be annexed or de-annexed from the City as deemed appropriate by the City Council.

(b) Applicability. Any lands to be added to or deleted from the corporate limits of the City shall comply with this section.

(c) Approval Criteria. The application shall meet all applicable statutory and City administrative requirements. A complete copy of these requirements is available from the Public Works and Planning Department.

(d) Decision-Maker.

(1) The Director shall make recommendations to City Council.

(2) City Council shall approve, conditionally approve or disapprove all applications for annexation or contraction of the municipal limits.

(e) Application and Review Procedures. Application requirements and processing procedures shall comply with those described in applicable State statutes. A summary of these procedures is available from the Public Works and Planning Department.

(f) Zoning of Annexed Properties. Land annexed to the City shall be zoned in accordance with GJMC 21.02.140 to a district that is consistent with the adopted Comprehensive Plan and the criteria set forth. Generally, future development should be at a density equal to or greater than the allowed density of the applicable County zoning district.

(Ord. 4419, 4-5-10)

21.02.170 Vested property rights.

(a) Purpose. The purpose of this section is to provide the procedures necessary to implement the provisions of § 24-68-101 C.R.S., et seq. and § 29-20-101 C.R.S. et seq.

(b) Definitions. The following definitions are for the purposes of administration of this section only and do not apply to any other sections of this code.

(1) “Site-specific development plan” (SSDP) means, for all developments requiring a public hearing, the final step, irrespective of its title, which occurs prior to building permit application; provided, however, that if the landowner wishes said approval to have the effect of creating vested rights, pursuant to § 24-68-101 C.R.S., et seq., the landowner must so request, in writing, at the time of application for said approval. Failure to so request renders the approval not a “site-specific development plan,” and no vested rights shall be deemed to have been created.

(2) “Vested property right” means the right to undertake and complete the development and use of property under the terms and conditions of a site-specific development plan.

(c) Applicability. An applicant may request, in writing, to have property rights vest with a site-specific development plan. The site-specific development plan shall be applicable only to:

(1) Property zoned planned development with the approved final development plan constituting the site-specific development plan; or

(2) Any other application (i.e., outline development plan, site plan, conditional use, subdivision plat, final development plan or development improvements agreement); provided, that:

(i) The applicant requests in writing that the Planning Commission hold a public hearing and approve a specific document/application as a site-specific development plan; and/or

(ii) State law requires that a vested property right be granted, in which case the Planning Commission shall determine, at its discretion, which, if any, document/application shall constitute a site-specific development plan.

(d) Approval Criteria. The application shall demonstrate compliance with all of the following:

(1) The provisions stated in § 24-68-101 C.R.S. et seq.; and

(2) The final development plan review criteria of GJMC 21.02.150(c)(2).

(e) Decision-Maker.

(1) The Director and Planning Commission shall make recommendations to City Council.

(2) City Council shall approve, conditionally approve or deny all applications for vested property rights.

(f) Application and Review Procedures. Application requirements and processing procedures are described in GJMC 21.02.150(c), with the following modifications:

(1) Waiver Prior to Annexation. Any landowner requesting annexation shall waive in writing any preexisting vested property rights in the petition for annexation, when such rights are consistent with ordinances or regulations which are general in nature and are applicable to property subject to land use regulation. An owner may consent in writing to waive any prior vested property rights.

(2) Concurrent Review. An application for approval of a site-specific development plan shall be submitted and reviewed concurrently with an application for a final development plan or any other document that the Planning Commission shall determine, at its discretion, constitutes a site-specific development plan.

(3) Payment of Costs. In addition to any and all other fees and charges imposed by this code, the applicant shall pay all costs incurred by the City as a result of the site-specific development plan review, including publication of notices, public hearing and review costs.

(4) Notice of Approval. It is the applicant’s responsibility to ensure that each final plan, map, plat or site plan, or other document constituting a site-specific development plan contains the following language: “Approval of this plan may create a vested property right pursuant to § 24-68-101 C.R.S., et seq.” Omission of this statement shall invalidate the creation of the vested property right. In addition, the applicant shall, within 14 calendar days after the approval of the site-specific development plan, satisfy the notice requirements of § 24-68-103(1) C.R.S. by publishing at his/her expense a notice, in a newspaper of general circulation within the City, advising the public of the site-specific development plan approval and creation of vested property rights pursuant to law, together with a legal description of the property at issue in the site-specific development plan.

(5) Notice to City. Within 14 calendar days after the approval of a site-specific development plan, the applicant shall acknowledge by written instrument that he confirms his/her obligation to satisfy all other requirements under the City codes, rules and regulations including, but not limited to, all studies that may be required. Such studies may concern traffic, drainage, erosion control and utilities.

(6) Other Provisions Unaffected. Approval of a site-specific development plan shall not constitute an exemption from, or waiver of, any other provisions of this code pertaining to the development or use of property.

(7) The duration of any vesting shall be no longer than required by State law, unless a different duration is provided by written agreement between the owner and the City. Failure to comply with any condition of approval of a SSDP shall result in forfeiture of vested rights and the site-specific development plan shall be declared void and lapsed and shall be reverted in accordance with GJMC 21.02.150.

(8) Approval, Effective Date, Amendments. A site-specific development plan shall be deemed approved upon the last action by the City Council relating thereto. No amendment of a site-specific development plan shall extend or change the effective date of vesting of a property right unless specifically provided by written agreement. In the event amendments to a site-specific development plan are proposed and approved, the effective date of such amendments, for purposes of duration of vested property right, shall be the initial date of the approval of the site-specific development plan.

(9) Waiver of Vesting. Any waiver, be it in part or in full, of a vested property right shall be accomplished by written agreement between the owner and the City and shall be recorded in the Mesa County land records.

(10) Limitations. Nothing in this section is intended to create any vested property right, but only to implement the provisions of § 24-68-101 C.R.S., et seq. and § 29-20-101 C.R.S., et seq. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this section shall be deemed to be repealed, and the provisions hereof no longer effective.

(Ord. 4419, 4-5-10)

21.02.180 Revocable permit.

(a) Purpose. A revocable permit is needed to ensure that any private development on public land is safely conducted in a manner that does not pose potential burdens on the public.

(b) Applicability. No structure, fence, sign or other permanent object shall be constructed, maintained, or erected, or a public right-of-way used, without a revocable permit. A revocable permit for irrigation and landscaping in the rights-of-way shall be reviewed and may be approved by the Director.

(1) There will be benefits derived by the community or area by granting the proposed revocable permit;

(2) There is a community need for the private development use proposed for the City property;

(3) The City property is suitable for the proposed uses and no other uses or conflicting uses are anticipated for the property;

(4) The proposed use shall not negatively impact access, traffic circulation, neighborhood stability or character, sensitive areas such as floodplains or natural hazard areas;

(5) The proposed use is in conformance with and in furtherance of the implementation of the goals, objectives and policies of the Comprehensive Plan, other adopted plans and the policies, intents and requirements of this code and other City policies; and

(6) The application complies with the submittal requirements as set forth in Section 127 of the City Charter, this chapter and the Submittal Standards for Improvements and Development manual.

(d) Decision-Maker.

(1) The Director shall make recommendations to City Council when applicable.

(2) City Council shall approve, conditionally approve, or deny all applications for a revocable permit, except:

(i) The Director shall approve, conditionally approve, or deny all applications for a revocable permit for landscaping and/or irrigation in a public right-of-way.

(Ord. 4419, 4-5-10)

21.02.190 Institutional and civic facility master plans.

(a) Purpose. The purpose of a master plan review process is to provide an opportunity for the early review of major institutional and civic facilities that provide a needed service to the community, but might impact the surrounding community. The master plan review allows the City, through a public process, to assess any impacts early in the review process and direct the applicant on how best to address the impacts.

(b) Applicability. A master plan shall be required for any institutional and/or civic use, as that term is defined in Chapter 21.04 GJMC, when such project: consists of multiple phases of construction and when constructed will include 100,000 square feet in one or more buildings; will result in significant modification of the existing transportation circulation patterns; and/or when the Director deems the project and/or the City would benefit from such a review.

(1) Conformance with the Comprehensive Plan and other area, corridor or neighborhood plans;

(2) Conformance with the Grand Junction Circulation Plan and general transportation planning requirements;

(3) Adequate parking, adequate stormwater and drainage improvements, minimization of water, air or noise pollution, limited nighttime lighting and adequate screening and buffering potential;

(4) Adequacy of public facilities and services; and

(5) Community benefits from the proposal.

(d) Decision-Maker.

(1) The Director and Planning Commission shall make recommendations to City Council.

(2) City Council shall approve, conditionally approve or deny a master plan.

(e) Application and Review Procedures. The application and processing procedures shall be as follows:

(1) The review of a master plan shall precede, or be concurrent with, any other required review process.

(2) The content of the master plan document shall be sufficient to generally assess the following:

(i) Site access, traffic flow, pedestrian circulation/safety;

(ii) Adequate parking;

(iii) Location of open space and trails;

(iv) Drainage and stormwater management;

(v) General building location and size; and

(vi) Adequate screening and buffering.

(3) A general meeting shall be required.

(4) A neighborhood meeting is mandatory.

(5) Required notice shall include public notice in the newspaper, mailed notice and sign posting notice.

(f) Validity. The master plan shall be valid for a minimum of five years unless otherwise established by the decision-maker. All phases of projects being developed shall be in conformance with the approved plan. Amendments to the master plan may be proposed at any time through the regular master plan review process. An amended master plan is required if significant changes are proposed. Generally, significant changes are anything not deemed to be minor amendments as defined in GJMC 21.02.150(e)(2)(i).

(Ord. 4419, 4-5-10)

21.02.200 Variance.

(a) Purpose. The purpose of this section is to provide a process for consideration of variances from certain standards of the code.

(b) Applicability.

(1) A variance may be requested for a departure from bulk standards, performance or use-specific standards of Chapter 21.04 GJMC, all overlay district regulations of Chapter 21.07 GJMC, excluding corridor overlay districts, and the sign regulations of Chapter 21.06 GJMC.

(2) Variances shall not be requested for:

(i) The establishment or expansion of a use in a district in which such use is not permitted by this code;

(ii) Residential development which would result in an increase in density greater than that permitted in the applicable zoning district; and

(iii) Changes or modifications to any definition contained in this code.

(c) Approval Criteria. A variance may be granted only if the applicant establishes that all of the following criteria have been met:

(1) There are exceptional conditions creating an undue hardship, applicable only to the property involved or the intended use thereof, which do not apply generally to the other land areas or uses within the same zoning district, and such exceptional conditions or undue hardship was not created by the action or inaction of the applicant or owner of the property;

(2) The variance shall not confer on the applicant any special privilege that is denied to other lands or structures in the same zoning district;

(3) The literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would cause unnecessary and undue hardship on the applicant;

(4) The applicant and the owner of the property cannot derive a reasonable use of the property without the requested variance;

(5) The variance is the minimum necessary to make possible the reasonable use of land or structures;

(6) The granting of a variance shall not conflict with the purposes and intents expressed or implied in this code; and

(7) The granting of a variance shall not conflict with the goals, policies and guiding principles of the City’s Comprehensive Plan.

(d) Decision-Making.

(1) A variance from bulk standards, performance or use-specific standards of Chapter 21.04 GJMC, all overlay district regulations of Chapter 21.07 GJMC, excluding corridor overlay districts, and the sign regulations of Chapter 21.06 GJMC shall be heard and decided by the Zoning Board of Appeals.

(2) Variances to all other standards, unless otherwise specified, shall be heard and decided by the Planning Commission.

(Ord. 4890, 11-20-19; Ord. 4778, 1-3-18; Ord. 4419, 4-5-10)

21.02.210 Rehearing and appeal.

(a) Purpose. The purpose of this section is to provide for a rehearing and appeal process for decisions and actions by the Director, Zoning Board of Appeals, Planning Commission and City Council. Each procedure has a separate decision maker (see GJMC 21.01.130(g)).

(b) Appeal of Director’s Interpretations. Any person, including any officer or agent of the City, aggrieved or claimed to be aggrieved by an interpretation of this code rendered by the Director may request an appeal of the interpretation in accordance with this section. An aggrieved party may appeal the Director’s decision by submitting a written appeal within 10 working days of the date of the Director’s decision.

(1) Approval Criteria. In granting an appeal of a Director’s interpretation, the Zoning Board of Appeals shall determine whether the interpretation by the Director was in accordance with the intent and requirements of this code.

(2) Decision-Maker. The Zoning Board of Appeals shall affirm, reverse or remand the decision. In reversing or remanding the interpretation back to the Director, the Board shall state the rationale for its decision.

(3) Additional Application and Review Procedures.

(i) Application Materials. The appellant shall provide a written statement citing the specific provision of this code that the appellant believes the Director has incorrectly interpreted and the appellant’s interpretation of the provision.

(ii) Notice. Notice of the hearing is not required to anyone other than the appellant.

(iii) Director’s Report. The Director shall prepare a report detailing the specific provision of this code that is in question, interpretation of the provision, and the general basis of the interpretation.

(c) Appeal of Final Action on Administrative Development Permits. Any person, including any officer or agent of the City, aggrieved or claimed to be aggrieved by a final action of the Director on an administrative development permit, may request an appeal of the action in accordance with GJMC 21.01.130(g) and this subsection (c).

(1) Appeal Criteria. In hearing an appeal of an administrative development permit, the appellate body shall consider, based on the information in the record before the Director, whether the Director:

(i) Acted in a manner inconsistent with the provisions of this code or other applicable local, State of federal law; or

(ii) Made erroneous findings of fact based on the evidence and testimony on the record; or

(iii) Failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or

(iv) Acted arbitrarily, or capriciously.

(2) Decision-Maker. The appellate body for a particular administrative development permit shall be as specified in GJMC 21.01.130(g). The appellate body shall affirm, reverse or remand the decision. In reversing or remanding a decision, the appellate body shall state the rationale for its decision. An affirmative vote of four members of the appellate body shall be required to reverse the Director’s action.

(3) Application and Review Procedures. Requests for an appeal shall be submitted to the Director in accordance with the following:

(i) Application Materials. The appellant shall provide a written request that explains the rationale of the appeal based on the criteria provided in subsection (c)(1) of this section.

(ii) Notice to Applicant. If the appellant is not the applicant, the Director, within five working days of receipt of the request for appeal, shall notify the applicant of the request and the applicant shall have 10 working days to provide a written response.

(iii) Preparation of the Record. The Director shall compile all material made a part of the record of the Director’s action. As may be requested by the appellate body, the Director also may provide a written report.

(iv) Notice. No notice of the appeal is required.

(v) Conduct of Hearing. The appellate body shall hold a hearing on the record to determine whether the Director acted as set forth in the criteria provided in subsection (c)(1) of this section. The appellate body shall consider only that evidence that was before the Director at the time of the Director’s final action.

(d) Appeal of Action on Nonadministrative Development Permits. Any person, including any officer or agent of the City, aggrieved by or claimed to be aggrieved by a final decision of the Planning Commission may appeal the action in accordance with this subsection (d).

(1) Approval Criteria.

(i) Findings. In granting an appeal to action on a nonadministrative development permit, the appellate body shall find:

(A) The decision maker may have acted in a manner inconsistent with the provisions of this code or other applicable local, State or federal law; or

(B) The decision maker may have made erroneous findings of fact based on the evidence and testimony on the record; or

(C) The decision maker may have failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or

(D) The decision-maker may have acted arbitrarily, acted capriciously, and/or abused its discretion; or

(E) In addition to one or more of the above findings, the appellate body shall find the appellant was present at the hearing during which the original decision was made or was otherwise on the official record concerning the development application.

(2) Facts on Record. In considering a request for appeal, the appellate body shall consider only those facts, evidence, testimony and witnesses that were part of the official record of the decision-maker’s action. No new evidence or testimony may be considered, except City staff may be asked to interpret materials contained in the record. If the appellate body finds that pertinent facts were not considered or made a part of the record, they shall remand the item back to the decision-maker for a rehearing and direct that such facts be included on the record.

(3) Decision-Maker. The appellate body for a particular development permit shall be as specified in GJMC 21.01.130(g). The appellate body shall affirm, reverse or remand the decision. In reversing or remanding the decision back to the decision-maker, the appellate body shall state the rationale for its decision. An affirmative vote of four members of the appellate body shall be required to reverse the decision-maker’s action.

(4) Application and Review Procedures. Requests for an appeal shall be submitted to the Director in accordance with the following:

(i) Application Materials. The appellant shall provide a written request that explains the rationale of the appeal based on the criteria provided in subsection (c) of this section. The appellant also shall submit evidence of his/her attendance at the original hearing or other testimony or correspondence from him/her that was in the official record at the time of the original hearing.

(ii) Application Fees. The appropriate fee, as may be approved by the City Council, shall be submitted with the request.

(iii) Application Deadline. A request for an appeal shall be submitted within 10 calendar days of the action taken by the decision-maker.

(iv) Notice to Applicant. If the appellant is not the applicant, the Director, within five working days of receipt of the request for appeal, shall notify the applicant of the request and the applicant shall have 10 working days to review the request and provide a written response.

(v) Preparation of the Record. The Director shall compile all material made a part of the official record of the decision-maker’s action. As may be requested by the appellate body, the Director also may provide a summary report of the record.

(vi) Notice. Notice of the appeal hearing shall be provided in the same manner as was required with the original action.

(vii) Hearing. The Director shall schedule the appeal before the appellate body within 45 calendar days of receipt of the appeal. The appellate body shall hold a hearing and render a decision within 30 calendar days of the close of that hearing.

(viii) Conduct of Hearing. At the hearing, the appellate body shall review the record of the decision-maker’s action. No new evidence or testimony may be presented, except that City staff may be asked to interpret materials contained in the record.

(e) Planning Commission Recommendation to City Council. All recommendations, including recommendations of denial, which the Planning Commission makes to the City Council (i.e., the Planning Commission is not the final decision-maker) shall be heard by the City Council without necessity of appeal. The applicant may withdraw in writing an application that has been heard by the Planning Commission and recommended for denial. Such hearings shall be de novo before the Council. An affirmative vote of five members of the City Council shall be required to approve rezones and Comprehensive Plan amendments recommended for denial by the Planning Commission. Procedural requirements provided elsewhere in this code shall be applicable.

(Ord. 4890, 11-20-19; Ord. 4419, 4-5-10)