Chapter 21.04
USES

Sections:

21.04.010    Use table.

21.04.020    Use categories.

21.04.030    Use-specific standards.

21.04.040    Accessory uses and structures.

21.04.050    Temporary uses and structures.

21.04.010 Use table.

(a)    Use Categories and Principal Uses. The only uses allowed in any zone or district are those listed or described in the use table below. Uses are permitted subject to the requirements of the rest of the code. The use categories listed in the first column are described in GJMC 21.04.020. The second column of the use table contains a listing of principal uses associated with the use category in the first column. Each listing in the principal use column of the table may include more than one principal use. (For example, General Retail Sales, Outdoor Operations, Display or Storage contains several different retail uses, each of which may, for example, generate more traffic trips per day than another. Their inclusion in one listing means only that they are allowed in the same zone districts, but does not mean that they are treated identically with respect to other code requirements.) The last column of the use table contains cross-references to use-specific standards or other code provisions associated with the principal use(s).

(b)    Allowed Uses. An “A” indicates the listed use is allowed by right within the respective zoning district. If compliance with all City, State and Federal requirements are fully met, the Director may allow development, construction and/or use. The text for each zone, the balance of this code, applicable State and other City regulations and Federal requirements supplement the use table and control if inconsistent or ambiguous. No person shall begin any use without a written approval of the Director.

(c)    Conditional Uses. A “C” indicates the use is allowed within the respective zoning district only with a conditional use permit granted in accordance with the limitations, requirements and criteria of GJMC 21.02.110 and in accordance with the review procedures of GJMC 21.02.080. A conditional use is not a use by right; it is one that is prohibited within a given zone district unless a conditional use permit for the specific use has been granted. Conditional uses are subject to all other applicable standards of this code.

(d)    Prohibited Uses. A blank space indicates the listed use is not allowed within the district, unless otherwise expressly allowed by another provision of this code.

Marijuana related business, whether retail, commercial, industrial or agricultural, except marijuana testing facility(ies) are prohibited in all zone districts in accordance with Chapter 5.15 GJMC. Marijuana testing facility(ies) is (are) allowed in the zone districts shown.

Marijuana testing facilities shall be categorized as/under the “industrial services, contractors and trade shops, oil and gas support operations without hazardous materials” category of the use zone matrix as “research, testing and laboratory facilities – indoors (including marijuana testing facilities)” as allowed uses in B-2, C-1, C-2, MU, BP, IO, I-1 and I-2 zone districts.

(e)    Uses Not Mentioned. No building, use or development permit shall be issued for a use not specifically mentioned or described in the use table. If a question or interpretation arises regarding where, how or whether a proposed use fits into the use table, the Director shall decide if a use not specifically mentioned can reasonably be interpreted to fit into a principal use category or a general use category where similar uses are described. The Director may ask the Planning Commission at a regularly scheduled meeting to ratify his decision.

 

Key: A = Allowed; C = Conditional; Blank Cell = Not Permitted

USE CATEGORY

PRINCIPAL USE

R-R

R-E

R-1

R-2

R-4

R-5

R-8

R-12

R-16

R-24

R-O

B-1

B-2

C-1

C-2

CSR

M-U

BP

I-O

I-1

I-2

MX-

Std.

RESIDENTIAL

Household Living – residential occupancy of a dwelling unit by a “household”

Business Residence

A

A

A

A

A

A

A

A

A

A

See GJMC 21.03.090

21.04.030(i)

Two-Family Dwelling

 

A

A

A

A

A

 

 

A

C

 

 

Single-Family Detached

A

A

A

A

A

A

A

 

 

A

C

C

 

A

 

21.04.030(m)

Multifamily

 

A

A

A

A

A

A

A

A

A

 

A

A

 

21.04.030(n)

Accessory Dwelling Unit

A

A

A

A

A

A

A

A

 

 

A

 

A

 

21.04.040(f)

Agricultural Labor Housing

A

 

A

 

 

Manufactured Housing Park

 

A

A

A

 

 

 

 

 

21.04.030(f)

All Other Household Living

 

A

A

A

 

 

 

 

 

 

 

 

 

 

 

Home Occupation

Home Occupation

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.040(g)

Group Living – residential occupancy of a structure by a group of people who do not meet the definition of “Household Living”

Small Group Living Facility

A

A

A

A

A

A

A

A

A

A

A

A

C

C

 

C

A

21.04.030(p) & 21.04.020(b)

Large Group Living Facility

 

A

A

A

A

A

A

A

A

A

 

 

A

A

 

21.04.030(p) & 21.04.020(b)

Unlimited Group Living Facility

 

A

A

A

A

A

A

A

 

A

A

 

21.04.030(p) & 21.04.020(b)

Fraternities/Sororities

 

 

 

 

A*

A*

A*

A*

A*

A*

 

 

 

 

 

 

 

 

 

 

 

21.04.030(p)(1)

* location restricted; see 21.04.020(p)(1)(ii)

Rooming/Boarding House

 

A

A

A

A

A

A

A

A

 

21.04.030(p)(3)

Other Group Living (e.g., dormitory style living)

 

 

 

 

 

C

C

A

A

A

A

A

A

 

 

A

A

 

 

 

 

21.04.020(b)

21.04.030(p)(4)

INSTITUTIONAL AND CIVIC

Colleges and Vocational Schools – colleges and institutions of higher learning

Colleges and Universities

 

 

 

 

 

 

A

A

A

A

A

A

A

A

A

See GJMC 21.03.090

21.04.020(d)

Vocational, Technical and Trade Schools

 

A

A

A

A

A

A

A

A

A

A

 

Community Service – uses providing a local service to the community

Community Activity Building

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.020(e)

All Other Community Service

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.020(e)

Cultural – establishments that document the social and religious structures and intellectual and artistic manifestations that characterize a society

Museums, Art Galleries, Opera Houses, Libraries

 

 

 

 

 

 

A

A

A

A

A

A

A

A

A

A

A

A

A

Day Care – care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day

Home-Based Day Care (1 – 12)

A

A

A

A

A

A

A

A

A

A

A

A

A

A

 

 

A

 

21.04.020(f)

General Day Care

C

C

C

C

C

C

A

A

A

A

A

A

A

A

A

 

A

A

A

21.04.020(f)

Detention Facilities – facilities for the detention or incarceration of people

Jails, Honor Camps, Reformatories

C

C

C

C

C

21.04.020(cc)

Community Corrections Facility

C

C

C

C

C

21.04.020(cc)

Law Enforcement Rehabilitation Centers

C

C

C

C

C

C

C

21.04.020(cc)

Hospital/Clinic – uses providing medical treatment or surgical care to patients

Medical and Dental Clinics

C

C

A

A

A

A

A

A

A

A

A

 

21.04.020(g)

Counseling Centers (Nonresident)

A

A

A

A

A

A

A

A

21.04.020(g)

Hospital/Mental Hospital

C

C

C

C

C

C

C

A

C

21.04.020(g)

Physical and Mental Rehabilitation (Resident)

C

C

C

C

C

C

C

C

C

21.04.020(g)

All Other

C

C

C

C

C

C

21.04.020(g)

Parks and Open Space – natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, etc.

Cemetery

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

 

 

 

21.04.020(h)

Golf Course

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.020(h)

Golf Driving Ranges

A

A

A

A

C

C

C

C

C

C

C

A

A

A

A

A

A

 

A

A

A

21.04.020(h)

Parks, Lakes, Reservoirs, Other Open Space

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.020(h)

Religious Assembly – meeting area for religious activities

All

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.030(o)& 21.04.020(i)

Funeral Home/Mortuary

All

 

 

A

A

A

A

A

A

A

A

 

Crematory

All

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A

 

 

 

A

A

A

 

Safety Services – public safety and emergency response services

All

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.020(j)

Schools – schools at the primary, elementary, middle, junior high or high school level

Boarding Schools

 

 

 

 

 

 

A

A

A

A

A

C

C

C

A

A

A

21.04.020(k)

Elementary Schools

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.020(k)

Secondary Schools

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.020(k)

Utility, Basic – Infrastructure services that need to be located in or near the area where the service is provided

Utility Service Facilities (Underground)

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

 

21.04.020(l)

All Other Utility, Basic

C

C

C

C

C

C

C

C

C

C

A

A

A

A

A

A

C

A

A

A

A

21.04.020(l)

Utility, Corridors – passageways for bulk transmitting or transporting of electricity, gas, oil, communication signals, or other similar services

Transmission Lines (Above Ground)

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

21.04.020(m)

Transmission Lines (Underground)

C

C

C

C

C

C

C

C

C

C

C

C

C

C

A

C

A

A

A

A

21.04.020(m)

Utility Treatment, Production or Service Facility

C

C

C

C

C

21.04.020(m)

All Other

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

21.04.020(m)

COMMERCIAL

Entertainment Event, Major – activities and structures that draw large numbers of people to specific events or shows

Indoor Facilities

A

A

A

A

A

A

A

A

See GJMC 21.03.090

21.04.020(n)

Outdoor Facilities

C

C

C

C

C

C

C

C

21.04.020(n)

Lodging – hotels, motels, short-term rentals and similar establishments

Hotels and Motels

A

A

A

A

A

A

Short-Term Rentals

A

A

A

A

A

A

A

A

A

A

A

A

A

A

 

A

A

21.04.030(h)

Office – activities conducted in an office setting and generally focusing on business, government, professional, or financial services

General Offices

A

A

A

A

A

A

A

A

A

A

21.04.020(o)

Office with Drive-Through

A

A

A

A

A

A

A

A

A

21.04.020(o)

Parking, Commercial – parking that is not necessary to serve a specific use and for which fees may be charged

All

C

A

 

A

A

A

A

A

A

A

A

21.06.050(b) & 21.04.020(p)

Recreation and Entertainment, Outdoor – large, generally commercial uses that provide continuous recreation or entertainment-oriented activities

Campgrounds

C

A

A

A

21.04.030(e)

Resort Cabins and Lodges

C

A

21.04.020(q)

Swimming Pools, Community

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.020(q)

Shooting Ranges, Outdoor

C

C

C

21.04.020(q)

Amusement Park, Miniature Golf

A

A

C

C

C

21.04.020(q)

Riding Academy, Roping or Equestrian Area

C

C

C

21.04.030(a) & 21.04.020(q)

Zoo

C

C

C

21.04.030(a) & 21.04.020(q)

All Other Outdoor Recreation

C

C

C

C

C

C

C

21.04.020(q)

Recreation and Entertainment, Indoor – large, generally commercial uses that provide indoor recreation or entertainment-oriented activities including health clubs, movie theaters, skating rinks, arcades

Health Club

A

A

A

A

A

A

A

A

A

A

Movie Theater, Skating Rink, Arcade

A

A

A

A

A

A

 

A

 

Shooting Ranges, Indoor

C

C

C

C

C

 

All Other Indoor Recreation

C

A

A

A

A

C

A

A

C

 

Retail Sales and Service* – firms involved in the sale, lease or rental of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.

Adult Entertainment

A

A

A

A

 

21.04.030(b) & 21.04.020(r)

Alcohol Beverage Production

C

A

A

A

A

A

A

A

A

21.04.020(r)

Animal Care/Boarding/Sales, Indoor

A

A

A

A

A

A

A

A

 

21.04.020(r)

Animal Care/Boarding/Sales, Outdoor

C

A

C

C

C

21.04.030(a) & 21.04.020(r)

Delivery and Dispatch Services (Vehicles On-Site)

A

A

A

A

A

21.04.020(r)

Drinking Establishment

 

 

 

 

 

 

 

 

 

 

 

C

A

A

A

 

A

A

C

C

 

21.04.020(r)

Drive-Through Uses (Restaurants)

A

A

A

A

A

21.04.020(r)

Drive-Through Uses (Retail)

A

A

A

A

A

A

21.04.020(r)

Food Service, Catering

A

A

A

A

A

A

A

A

21.04.020(r)

Food Service, Restaurant (Including Alcohol Sales)

A

A

A

A

A

A

A

A

A

21.04.020(r)

Farm Implement/Equipment Sales/Service

A

A

A

A

21.04.030(l)& 21.04.020(r)

Farmers’ Market

A

A

A

A

 

21.04.020(r)

Flea Market

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A

 

 

 

 

A

A

21.04.030(c)& 21.04.020(r)

Feed Store

A

A

A

A

21.04.020(r)

Fuel Sales, Automotive/Appliance

A

A

A

A

A

A

21.04.020(r)

 

Fuel Sales, Heavy Vehicle

A

A

A

 

21.04.020(r)

 

General Retail Sales, Indoor Operations, Display and Storage

A

A

A

A

A

A

 

 

 

21.04.030(l)& 21.04.020(r)

 

General Retail Sales, Outdoor Operations, Display or Storage

A

A

A

 

C

 

21.04.040(h) & 21.04.020(r)

 

Landscaping Materials Sale/Greenhouse/Nursery

C

C

C

C

 

 

 

 

 

 

 

 

A

A

C

A

C

 

21.04.020(r)

 

Manufactured Building Sales and Service

A

A

 

21.04.020(r)

 

Marijuana Related Business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ch. 5.15

 

Mobile Food Vendor

 

 

 

 

 

 

 

 

 

A

A

A

A

A

A

A

A

A

A

A

A

 

21.04.030(v)

 

Mobile Food Vendor Court

 

 

 

 

 

 

 

 

 

C

C

A

A

A

A

A

A

A

A

A

A

 

21.04.030(v)

 

Produce Stands

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

 

21.04.030(u)

 

Rental Service, Indoor Display/Storage

A

A

A

A

A

 

21.04.020(r)

 

Rental Service, Outdoor Display/Storage

A

A

A

 

21.04.040(h)& 21.04.020(r)

 

Repair, Small Appliance

A

A

A

A

A

A

A

 

21.04.020(r)

 

Repair, Large Appliance

A

A

A

A

A

A

 

21.04.020(r)

 

Personal Services

A

A

A

A

A

A

A

C

 

21.04.020(r)

 

All Other Retail Sales and Services

A

A

A

A

C

C

C

 

21.04.030(l)& 21.04.020(r)

Self-Service Storage

Mini-Warehouse

C

C

C

A

A

A

A

A

A

 

21.04.030(g)

Vehicle Repair – repair service to passenger vehicles, light and medium trucks and other consumer motor vehicles

Auto and Light Truck Mechanical Repair

A

A

A

A

A

A

 

21.04.020(t)

Body Shop

A

A

A

A

A

A

 

21.04.020(t)

Truck Stop/Travel Plaza

A

A

A

A

A

 

21.04.030(s)& 21.04.020(t)

Tire Recapping and Storage

A

A

A

 

21.04.020(t)

All Other Vehicle Repair

C

C

A

 

21.04.030(s)& 21.04.020(t)

Vehicle Service, Limited – direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed

Car Wash, Gasoline Service Station, Quick Lube

A

A

A

A

A

A

A

A

A

 

21.04.030(s)& 21.04.020(u)

All Other Vehicle Service, Limited

A

A

A

A

 

21.04.020(u)

INDUSTRIAL

Manufacturing and Production – firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods

Indoor Operations and Storage

Assembly

A

A

A

A

A

A

A

A

 

21.04.020(w)

Food Products

A

A

A

A

A

A

A

A

21.04.020(w)

Manufacturing/Processing

A

A

A

A

A

A

A

A

21.04.020(w)

Marijuana Related Business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ch. 5.15

Indoor Operations with Outdoor Storage

Assembly

 

A

A

A

A

A

A

 

21.04.040(h) & 21.04.020(w)

Food Products

A

A

A

A

A

A

21.04.040(h) & 21.04.020(w)

Manufacturing/Processing

A

A

A

A

A

21.04.040(h) & 21.04.020(w)

Marijuana Related Business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ch. 5.15

 

Outdoor Operations and Storage

Assembly

C

C

A

A

See GJMC 21.03.090

21.04.040(h) & 21.04.020(w)

Food Products

C

C

A

A

21.04.040(h) & 21.04.020(w)

Manufacturing/Processing

C

C

A

A

21.04.040(h) & 21.04.020(w)

Marijuana Related Business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ch. 5.15

All Other Industrial Service, Including any Hazardous Occupancy per the International Fire Code or International Building Code

C

C

C

21.04.040(h) & 21.04.020(w)

Industrial Services, Contractors and Trade Shops, Oil and Gas Support Operations without hazardous materials

Indoor Operations and Storage

C

A

A

A

A

A

A

See GJMC 21.03.090

 

 

Indoor Operations and Outdoor Storage (Including Heavy Vehicles)

 

A

C

A

A

A

21.04.040(h)

Outdoor Storage And Operations

A

A

A

A

21.04.040(h)

Research, Testing and Laboratory Facilities – Indoors (Includes Marijuana Testing Facilities)

 

 

 

 

 

 

 

 

 

 

 

 

A

A

A

 

A

A

A

A

A

Ch. 5.15

Junk Yard

Junk Yard

C

C

21.04.030(d)& 21.04.040(h)

Impound Lot

Impound Lot

C

C

C

21.04.030(d)& 21.04.040(h)

Heavy Equipment Storage/Pipe Storage

All

A

A

A

21.04.040(h)

Warehouse and Freight Movement – firms involved in the storage or movement of freight

Indoor Operations, Storage and Loading

A

A

A

A

A

 

21.04.020(x)

Indoor Storage with Outdoor Loading Docks

A

A

 

A

A

A

21.04.020(x)

Outdoor Storage or Loading

A

A

A

A

21.04.040(h)& 21.04.020(x)

Gas or Petroleum Storage

C

C

C

21.04.020(x)

Sand or Gravel Storage

A

A

21.04.030(k)& 21.04.020(x)

All Other

C

C

21.04.020(x)

Waste-Related Use – uses that receive solid or liquid wastes from others, uses that collect sanitary wastes or uses that manufacture or produce goods or energy from the composting of organic material

Non-Hazardous Waste Transfer Station

C

C

C

21.04.020(y)

Medical/Hazardous Waste Transfer Station

C

C

C

21.04.030(j)& 21.04.020(y)

Solid Waste Disposal Sites

C

C

C

21.04.030(d)& 21.04.020(y)

Recycling Collection Point

C

C

C

C

C

C

C

C

21.04.030(d) & 21.04.020(y)

All Other Waste-Related

C

C

C

21.04.030(d)& 21.04.020(y)

Wholesale Sales – firms involved in the sale, lease or rental of products primarily intended for industrial, institutional or commercial businesses

Wholesale Business (No Highly Flammable Materials/Liquids)

A

A

A

A

A

 

21.04.020(z)

Agricultural Products

C

A

A

21.04.020(z)

All Other Wholesale Uses

A

A

21.04.020(z)

Agricultural

Animal Confinement

C

C

C

21.04.030(a) & 21.04.020(aa)

Dairy

C

C

C

C

21.04.030(a)& 21.04.020(aa)

Confined Animal Feeding Operation, Feedlot

C

C

C

21.04.030(a)& 21.04.020(aa)

Forestry, Commercial

A

21.04.020(aa)

Marijuana Related Business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ch. 5.15

Pasture, Commercial

A

A

A

A

A

A

21.04.020(aa)

Winery

A

A

A

 

A

A

21.04.020(aa)

All Other Agriculture

A

A

A

A

21.04.020(aa)

Aviation or Surface Passenger Terminal – facilities for the landing and takeoff of flying vehicles or stations for ground-based vehicles, including loading and unloading areas

Airports/Heliports

C

C

C

C

C

 

21.04.020(bb)

Bus/Commuter Stops

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.020(bb)

Bus/Railroad Depot

A

A

A

A

A

A

A

21.04.020(bb)

Helipads

C

C

C

C

C

C

C

C

21.04.020(bb)

All Other Aviation or Surface Passenger Terminal

C

C

C

C

21.04.020(bb)

Mining – mining or extraction of mineral or aggregate resources from the ground for off-site use

Oil or Gas Drilling

C

C

C

C

C

 

21.04.020(dd)

Sand or Gravel Extraction or Processing

C

C

C

C

C

C

21.04.030(k) & 21.04.020(dd)

All Other Mining

C

C

C

C

21.04.030(k) & 21.04.020(dd)

Telecom-

munications Facilities – devices and supporting elements necessary to produce nonionizing electromagnetic radiation operating to produce a signal

Facilities on Wireless Master Plan Priority Site When Developed in Accordance with Wireless Master Plan Site-Specific Requirements

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.030(q)& 21.04.020(ee)

Temporary PWSF (e.g., COW)

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.030(q)

Co-Location

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.030(q)

Tower Replacement

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.030(q)

Dual Purpose Facility

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.030(q)

 

DAS and Small Cell Facilities

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

21.04.030(q)

Base Station with Concealed Attached Antennas

A**

A**

A**

A**

A**

A**

A**

A**

A**

A**

A**

A**

A

A

A

A

A**

A**

A

A

A

A**

21.04.030(q)

Base Station with Non-Concealed Attached Antennas

C**

C**

C**

C**

C**

C**

C**

C**

C**

C**

C**

C**

C

A

A

A

A**

A**

A

A

A

C**

21.04.030(q)

Tower, Concealed

C

C***

C***

C***

C***

C***

C***

C

C

C

C

C

C

A

A

C

C

C

C

A

A

 

21.04.030(q)

Tower, Non-Concealed

 

 

 

 

 

 

 

 

 

 

 

 

 

C

C

C

 

 

 

C

C

 

21.04.030(q)

Broadcast Tower

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C

C

 

21.04.030(q)

NOTES:

*    Refer to Chapter 5.15 GJMC.

**    Except NOT allowed on structures the principal use of which is single- or two-family residential, group living, or day care, or on multifamily structures of fewer than three stories.

***    Except NOT allowed on any site or lot where the principal use is single- or two-family residential.

(Ord. 4998, 4-21-21; Ord. 4955, 9-2-20; Ord. 4918, 5-6-20; Ord. 4908, 3-4-20; Ord. 4858, 6-5-19; Ord. 4831, 2-6-19; Ord. 4813, 8-15-18; Ord. 4744, 4-5-17; Ord. 4722, 10-21-16; Ord. 4710, 7-20-16; Ord. 4704, 6-1-16; Ord. 4599, 9-4-13; Ord. 4546, 7-18-12; Ord. 4445, 11-29-10; Ord. 4419, 4-5-10)

21.04.020 Use categories.

(a)    General.

(1)    Basis for Classifications. Use categories classify land uses and activities into use categories based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.

(2)    Principal Use Characteristics. Principal uses are assigned to the category that most closely describes the nature of the principal use. The characteristics subsection of each use category describes the common characteristics of the associated principal uses.

(3)    Considerations Used in Categorizing Uses. The following considerations shall be used to determine whether and where a use belongs in the use table and whether the activity is to be considered a principal or accessory use:

(i)    The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;

(ii)    The relative amount of site area or floor space and equipment devoted to the activity;

(iii)    Relative amounts of sales from each activity;

(iv)    The customer type for each activity;

(v)    The relative number of employees in each activity;

(vi)    Hours of operation;

(vii)    Building and site arrangement;

(viii)    Vehicles used with the activity;

(ix)    The relative number of vehicle trips generated by the use;

(x)    Signs;

(xi)    How the use advertises itself; and

(xii)    Whether the activity is likely to be found independent of the other activities on the site.

(4)    Developments with Multiple Principal Uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore and bakery, for example, would be classified in the retail sales and service category because all of the development’s principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category.

(5)    Accessory Uses. Accessory uses are allowed by right in conjunction with a principal use unless otherwise stated in the regulations. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.

(6)    Use of Examples. The examples subsection of each use category lists common examples of uses included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself a wholesale warehouse but that sells mostly to consumers is included in the retail sales and service category rather than the wholesale sales category. This is because the actual activity on the site matches the description of the retail sales and service category.

(b)    Group Living.

(1)    Characteristics. Group living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of household living. A group living facility is a type of group living characterized by the provision of training, treatment, supervision or other professional support or care and who receive care, training, treatment, supervision or other support from caregivers or staff on site. Tenancy is arranged on a monthly or longer basis, and the size of the group may be larger than a typical family. Uses where tenancy may be arranged for a shorter period are not considered residential; they are considered to be either a form of lodging (see retail sales and service categories) or a temporary shelter (see community service categories). Generally, group living structures have a common eating area for residents, but a common eating area by itself, without other care, treatment, supervision or other professional or health support services being provided on site, does not indicate a group living facility (a multifamily residential facility, such as apartments, may, for example, have a common eating area).

(2)    Accessory Uses. Accessory uses commonly associated with group living are recreational facilities and parking of vehicles for occupants and staff.

(3)    Examples. The group living category is further broken down into the following subcategories:

(i)    Fraternity or sorority – a place of residence that is operated by a nationally or locally chartered membership organization and is used, occupied and maintained as living and dining quarters for its members who are enrolled in an accredited college or university or other accredited educational institution and which is recognized and subject to controls by such educational institution.

(ii)    Unlimited group living facility – a group living facility with 17 or more residents.

(iii)    Large group living facility – a group living facility with 10 to 16 residents.

(iv)    Small group living facility – a group living facility with five to nine residents.

(v)    Boarding and rooming house – a single dwelling unit where a live-in or on-site owner provides lodging to others in three or more rooms, with or without meals, for compensation in the form of rent, “room and board,” or in kind services.

(vi)    Other group living. Other group living includes dwelling units in a multi-unit complex shared by unrelated persons who have access to and common use of some living and eating areas and areas and facilities for the preparation and serving of food within the dwelling unit, and may include, by way of example and not limitation, dormitory style living.

(c)    Household Living.

(1)    Characteristics. Household living is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the retail sales and service and community service categories).

(2)    Accessory Uses. Accessory uses commonly associated with household living are recreational activities, raising of pets, gardens, personal storage buildings, hobbies and parking of the occupants’ vehicles. Home occupations and accessory dwelling units are accessory uses that are subject to additional regulations. (See GJMC 21.04.040.)

(3)    Examples. Uses include living in houses, duplexes, triplexes, fourplexes and other multidwelling structures, retirement center apartments, manufactured housing and other structures with self-contained dwelling units.

(4)    Exceptions. Lodging in a dwelling unit or where less than two-thirds of the units are rented on a monthly or longer basis is considered a hotel or motel use and is classified in the retail sales and service category.

(d)    Colleges.

(1)    Characteristics. This category includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Colleges tend to be in campus-like settings usually on multiple blocks.

(2)    Accessory Uses. Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities and support commercial.

(3)    Examples. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital and seminaries.

(4)    Exceptions. Business and trade schools are classified as retail sales and service.

(e)    Community Services.

(1)    Characteristics. Community services are uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time (for instance, any senior citizen could join a senior center). The use may provide special counseling, education, or training of a public, nonprofit or charitable nature.

(2)    Accessory Uses. Accessory uses may include offices; meeting areas; food preparation areas; parking, health and therapy areas; and athletic facilities.

(3)    Examples. Examples include libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, hospices, social service facilities, temporary shelters, vocational training for persons with physical or mental disabilities, crematoriums, columbariums and mausoleums.

(4)    Exceptions.

(i)    Private lodges, clubs and private or commercial athletic or health clubs are classified as retail sales and service. Commercial museums are classified as retail sales and service.

(ii)    Parks are classified as parks and open areas.

(iii)    Uses where tenancy is arranged on a month-to-month basis, or for a longer period, are residential and are classified as household or group living.

(f)    Day Care.

(1)    Characteristics. Day care uses provide care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. There are two types of day care:

(i)    Home-Based Day Care. A home-based day care provides care, protection and supervision for up to 12 individuals, not including children of the day care provider, or as allowed by State licensing.

(ii)    General Day Care. A general day care provides care, protection and supervision for 12 or more individuals, or as licensed by the State.

(2)    Accessory Uses. Accessory uses include offices, recreation areas and parking.

(3)    Examples. Examples include preschools, nursery schools, latch key programs and adult day care programs. Childcare centers, as defined in § 26-6-102(1.5), C.R.S., are classified as day care uses under this code.

(4)    Exceptions. Day care does not include public or private schools or facilities operated in connection with an employment use, shopping center or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

(g)    Hospitals.

(1)    Characteristics. Hospitals include uses providing medical or surgical care to patients and offering overnight care.

(2)    Accessory Uses. Accessory uses include outpatient clinics, offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities and housing facilities for staff or trainees.

(3)    Examples. Examples include medical centers and hospitals.

(4)    Exceptions.

(i)    Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified as group living facilities.

(ii)    Medical clinics or centers that provide care where patients are generally not kept overnight are classified as office.

(iii)    Emergency medical clinics are classified as retail sales and service.

(h)    Parks and Open Areas.

(1)    Characteristics. Parks and open areas are uses of land focusing on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures.

(2)    Accessory Uses. Accessory uses may include clubhouses, maintenance facilities, concessions, caretaker’s quarters and parking.

(3)    Examples. Examples include parks, golf courses, cemeteries, public squares, plazas, playgrounds, ballfields, recreation areas, recreational trails, botanical gardens, nature preserves and land used for grazing that is not part of a farm or ranch.

(i)    Religious Institutions.

(1)    Characteristics. Religious institutions primarily provide meeting areas for religious activities.

(2)    Accessory Uses. Accessory uses include Sunday school facilities, parking, caretaker dwellings and group living facilities such as convents.

(3)    Examples. Examples include churches, temples, synagogues and mosques.

(j)    Safety Services.

(1)    Characteristics. Safety services are uses that provide public safety and emergency response services. They often need to be located in or near the area where the service is provided. Employees are regularly present on site.

(2)    Accessory Uses. Accessory uses include offices and parking.

(3)    Examples. Examples include fire stations, police stations and emergency medical and ambulance stations.

(k)    Schools.

(1)    Characteristics. This category includes public and private schools at the primary, elementary, middle, junior high, or high school level that provide elective or State-mandated education.

(2)    Accessory Uses. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums and before- or after-school day care.

(3)    Examples. Examples include public and private daytime schools, boarding schools and military academies.

(4)    Exceptions.

(i)    Preschools are classified as day care uses.

(ii)    Business and trade schools are classified as retail sales and service.

(l)    Utilities, Basic.

(1)    Characteristics. Basic utilities are infrastructure services that need to be located in or near the area where the service is provided. Basic utility uses generally do not regularly have employees at the site. Services may be publicly or privately provided.

(2)    Accessory Uses. Accessory uses may include parking and control, monitoring, data or transmission equipment.

(3)    Examples. Examples include water and sewage pump stations; electrical substations; water towers and reservoirs; stormwater retention and detention facilities; telephone exchanges; recycling drop-off stations; and park-and-ride facilities for mass transit.

(4)    Exceptions.

(i)    Services where people are generally present are classified as community services, offices, or safety services.

(ii)    Utility offices where employees or customers are generally present are classified as offices.

(iii)    Bus barns are classified as warehouse and freight movement.

(m)    Utility Corridors.

(1)    Characteristics. This category includes public or private passageways, including easements, for the express purpose of transmitting or transporting electricity, gas, oil, water, sewage, communication signals, or other similar services on a regional level.

(2)    Examples. Examples include major utility transmission lines and pipelines, including 115kV or larger electrical transmission lines.

(3)    Exceptions. Utility corridors located within public rights-of-way are not included.

(n)    Entertainment Event, Major.

(1)    Characteristics. Major entertainment event uses are characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature.

(2)    Accessory Uses. Accessory uses may include restaurants, bars, concessions, parking and maintenance facilities.

(3)    Examples. Examples include stadiums, sports arenas, coliseums, auditoriums, exhibition and meeting areas and fairgrounds.

(4)    Exceptions.

(i)    Exhibition and meeting areas with less than 20,000 square feet of total event area are classified as retail sales and service.

(ii)    Banquet halls that are part of hotels or restaurants are accessory to those uses, and are included in the retail sales and service category.

(iii)    Theaters, including drive-in theaters, are classified as retail sales and service.

(iv)    Recreation or entertainment uses conducted on a continuous basis are classified as outdoor recreation and entertainment or retail sales and service uses.

(o)    Office.

(1)    Characteristics. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services.

(2)    Accessory Uses. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building.

(3)    Examples. Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses, bank headquarters, or real estate agents; data processing; sales offices; government offices and public utility offices; TV and radio studios; medical and dental clinics, medical and dental labs; and blood-collection facilities.

(4)    Exceptions.

(i)    Offices that are part of and located with a principal use in another category are considered accessory. Headquarters offices, when in conjunction with or adjacent to a principal use in another category, are considered part of the other category.

(ii)    Contractors and others who perform services off site are included in the office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site.

(p)    Parking, Commercial.

(1)    Characteristics. Commercial parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.

(2)    Accessory Uses. In a parking structure only, accessory uses may include gasoline sales, car washing and vehicle repair activities if these uses provide service only to vehicles parked in the garage.

(3)    Examples. Examples include short- and long-term fee parking facilities and mixed parking lots (partially accessory to a specific use, partly for rent to others).

(4)    Exceptions.

(i)    Parking facilities that are accessory to a use, but that charge the public to park for occasional events nearby, are not considered commercial parking facilities.

(ii)    Parking facilities that are accessory to a principal use are not considered commercial parking uses, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility.

(iii)    Public transit park-and-ride facilities are classified as basic utilities.

(q)    Recreation and Entertainment, Outdoor.

(1)    Characteristics. Outdoor recreation and entertainment uses are large, generally commercial uses that provide continuous recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting.

(2)    Accessory Uses. Accessory uses may include concessions, restaurants, parking, caretaker’s quarters and maintenance facilities.

(3)    Examples. Examples include riding academies, roping arenas, equestrian arenas, amusement parks, theme parks, golf driving ranges, miniature golf facilities and zoos.

(4)    Exceptions.

(i)    Golf courses are classified as parks and open space.

(ii)    Uses that draw large numbers of people to periodic events, rather than on a continuous basis, are classified as major entertainment events.

(r)    Retail Sales and Service.

(1)    Characteristics. Retail sales and service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.

(2)    Accessory Uses. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale and parking.

(3)    Examples. Examples include uses from the four following groups:

(i)    Sales-Oriented. Stores selling, leasing, or renting consumer, home and business goods including art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery and videos; food sales and sales or leasing of consumer vehicles including passenger vehicles, motorcycles, light and medium trucks and other recreational vehicles, wineries, and fruit and vegetable stands.

(ii)    Personal Service-Oriented. Branch banks; emergency medical care; laundromats; photographic studios; photocopy and blueprint services; hair, tanning and personal care services; business, martial arts and other trade schools; dance or music classes; taxidermists; mortuaries; veterinarians; and animal grooming.

(iii)    Entertainment-Oriented. Restaurants, cafes, delicatessens, bars and taverns; indoor continuous entertainment activities such as bowling alleys, ice rinks and game arcades; pool halls; dance halls; indoor firing ranges; theaters, health clubs, gyms, membership clubs and lodges; hotels, motels, recreational vehicle parks and other temporary lodging with an average length of stay of less than 30 days.

(iv)    Repair-Oriented. Repair of TVs, bicycles, clocks, watches, shoes, guns, appliances and office equipment; photo or laundry drop-off; tailor; locksmith; and upholsterer.

(4)    Exceptions.

(i)    Lumberyards and other building material sales that sell primarily to contractors and do not have a retail orientation are classified as wholesale sales.

(ii)    Repair and service of consumer motor vehicles, motorcycles and light and medium trucks are classified as vehicle repair. Repair and service of industrial vehicles and equipment and heavy trucks are classified as industrial service.

(iii)    Sales, rental, or leasing of heavy trucks and equipment or manufactured housing units are classified as wholesale sales.

(iv)    Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop, which is classified as industrial service.

(v)    In certain situations, hotels and motels may be classified as a community service use, such as short-term housing or mass shelter. See Community Services.

(s)    Repealed by Ord. 4955.

(t)    Vehicle Repair.

(1)    Characteristics. Vehicle repair includes servicing passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. The customer may wait at the site while the service or repair is being performed, but generally not.

(2)    Accessory Uses. Accessory uses may include offices, sales of parts and vehicle storage.

(3)    Examples. Examples include vehicle repair, transmission or muffler shop, auto body shop, alignment shop, auto upholstery shop, auto detailing and tire sales and mounting.

(4)    Exceptions. Repair and service of industrial vehicles and equipment and of heavy trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified as industrial service.

(u)    Vehicle Service, Limited.

(1)    Characteristics. Limited vehicle service uses provide direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed.

(2)    Accessory Uses. Accessory uses may include auto repair and tire sales.

(3)    Examples. Examples include full-service, mini-service and self-service gas stations; car washes; and quick lubrication services.

(4)    Exceptions.

(i)    Truck stops are classified as industrial service.

(ii)    Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use.

(v)    Industrial Service, Contractors and Trade Shops, Oil and Gas Support Operations.

(1)    Characteristics. Industrial service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off site. Few customers, especially the general public, come to the site.

(2)    Accessory Uses. Accessory activities may include offices, parking and storage.

(3)    Examples. Examples include oil and gas and/or support operations; welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire retreading or recapping; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; research and development laboratories; laundry, dry-cleaning and carpet cleaning plants; and photofinishing laboratories.

(4)    Exceptions.

(i)    Contractors and others who perform services off site are included in the office category, if major equipment and materials are not stored at the site and fabrication, or similar work, is not carried on at the site.

(ii)    Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop.

(iii)    Operations which include storage of hazardous materials require a CUP.

(w)    Manufacturing and Production.

(1)    Characteristics. Manufacturing and production uses are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, manmade, raw, secondary, or partially completed materials may be used. Products may be finished or semifinished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.

(2)    Accessory Uses. Accessory activities may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets and caretaker’s quarters.

(3)    Examples. Examples include processing of food and related products; catering establishments; slaughter houses and meat packing; weaving or production of textiles or apparel; lumber mills, pulp and paper mills and other wood products manufacturing; woodworking, including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; movie production facilities; concrete batching and asphalt mixing; production or fabrication of metals or metal products including enameling and galvanizing; manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items and other electrical items; production of artwork and toys; sign making; and production of prefabricated structures, including mobile homes.

(4)    Exceptions.

(i)    Manufacturing of goods to be sold primarily on site and to the general public are classified as retail sales and service.

(ii)    Manufacture and production of goods from composting organic material is classified as waste-related uses.

(x)    Warehouse and Freight Movement.

(1)    Characteristics. Warehouse and freight movement uses are involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or

the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present.

(2)    Accessory Uses. Accessory uses may include offices, truck fleet parking and maintenance areas.

(3)    Examples. Examples include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; storage of weapons and ammunition; major wholesale distribution centers; truck, or air freight terminals; bus barns; parcel services; major post offices; and grain terminals.

(4)    Exceptions.

(i)    Uses that involve the transfer or storage of solid or liquid wastes are classified as waste-related uses.

(ii)    Mini-warehouses are classified as self-service storage uses.

(y)    Waste-Related.

(1)    Characteristics. Waste-related uses are characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material. Waste-related uses also include uses that receive hazardous wastes from others.

(2)    Accessory Uses. Accessory uses may include recycling of materials, offices and repackaging and transshipment of by-products.

(3)    Examples. Examples include sanitary landfills, tire disposal or recycling, waste composting, recycling processing facilities, incinerators, energy recovery plants, sewage plants, brine disposal/storage and hazardous-waste-collection sites.

(4)    Exceptions. Disposal of dirt, concrete, asphalt and similar nondecomposable materials is considered fill. Recycling drop-off stations (no on-site processing) are basic utility uses.

(z)    Wholesale Sales.

(1)    Characteristics. Wholesale sales uses are involved in the sale, lease, or rental of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on site or delivered to the customer.

(2)    Accessory Uses. Accessory uses may include offices, product repair, warehouses, parking, minor fabrication services and repackaging of goods.

(3)    Examples. Examples include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, and building hardware.

(4)    Exceptions.

(i)    Firms that engage primarily in sales to the general public or on a membership basis are classified as retail sales and service.

(ii)    Firms that are primarily storing goods with little on-site business activity are classified as warehouse and freight movement.

(aa)    Agriculture.

(1)    Characteristics. Agriculture includes activities that primarily involve raising, producing or keeping plants or animals.

(2)    Accessory Uses. Accessory uses include dwellings for proprietors and employees of the use, animal training, and wholesale sales of products produced on site.

(3)    Examples. Examples include breeding or raising of fowl or other animals; dairy farms; stables; riding academies; kennels or other animal boarding places; farming, orchards, vineyards, truck gardening, forestry, tree farming; and wholesale plant nurseries.

(4)    Exceptions.

(i)    Processing of animal or plant products are classified as manufacturing and production.

(ii)    Livestock auctions are classified as wholesale sales.

(iii)    Plant nurseries that are oriented to retail sales are classified as retail sales and service.

(bb)    Aviation and Surface Passenger Terminals.

(1)    Characteristics. Aviation and surface passenger terminals include facilities for the landing and takeoff of aircraft, including loading and unloading areas. Aviation facilities may be improved or unimproved. Aviation and surface passenger terminals also include passenger terminals for aircraft, regional bus service and regional rail service.

(2)    Accessory Uses. Accessory uses include freight handling areas, concessions, offices, parking and maintenance and fueling facilities.

(3)    Examples. Examples include airports, bus passenger terminals for regional bus service, railroad passenger stations for regional rail service and helicopter landing facilities.

(4)    Exceptions.

(i)    Bus and rail passenger stations for subregional service such as mass transit stops and park-and-ride facilities are classified as basic utilities.

(ii)    Private helicopter landing facilities that are accessory to another use are considered accessory uses. However, they are subject to all the regulations and approval criteria for helicopter landing facilities.

(cc)    Detention Facilities.

(1)    Characteristics. Detention facilities include facilities for the judicially required detention or incarceration of people. Inmates and detainees are under 24-hour supervision by peace officers, except when on an approved leave.

(2)    Accessory Uses. Accessory uses include offices, recreational and health facilities, therapy facilities, maintenance facilities and hobby and manufacturing activities.

(3)    Examples. Examples include prisons, jails, and probation centers.

(4)    Exceptions. Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by peace officers are classified as group living. Programs that provide transitional living experience for former offenders, such as halfway houses, where residents are not supervised by peace officers, are also classified as group living.

(dd)    Mining.

(1)    Characteristics. Mining includes mining or extraction of mineral or aggregate resources from the ground for off-site use.

(2)    Accessory Uses. Accessory uses include storage, sorting, stockpiling, or transfer off site of the mined material.

(3)    Examples. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil, gas, or geothermal drilling.

(ee)    Telecommunications Facilities.

(1)    Characteristics. Telecommunications facilities include all devices, mechanical and/or electronic equipment or machinery, supporting structures or supporting elements, antenna(s), conduit, cable, enclosures, equipment compound(s), and/or assemblages necessary to generate or transmit nonionizing electromagnetic radiation or light operating to produce a signal or message used for communication. Facilities may be self-supporting, guyed, or mounted on poles, other structures, light posts, power poles, or buildings, or may be installed underground. Facilities shall also include intertie and interconnection translators, access points, access vaults or cabinets, connections from over-the-air to cable, fiber optic, or other landline transmission system.

(2)    Accessory Uses. Accessory use may include transmitter facility buildings.

(3)    Examples. Examples include broadcast towers, communication towers, point-to-point microwave towers, distributed antenna systems, small cell facilities, fiber-optic cables, and any other facility defined, referenced or described in GJMC 21.04.030(q).

(4)    Exceptions. Exempt facilities are described in GJMC 21.04.030(q).

(Ord. 4955, 9-2-20; Ord. 4744, 4-5-17; Ord. 4704, 6-1-16; Ord. 4546, 7-18-12; Ord. 4419, 4-5-10)

21.04.030 Use-specific standards.

(a)    Animal Regulations.

(1)    Purpose and Scope.

(i)    This subsection provides rules and regulations for the keeping of agricultural animals, household pets and other animals. Keeping of animals shall not become a nuisance, hazard and/or create a public health problem.

(ii)    Animal uses such as feedlots, zoos, kennels and veterinary/animal hospitals are specifically identified in the use table and shall be administered by the provisions of this chapter.

(2)    Nonconforming Use. The existing, lawful use of a premises or structure, used for the keeping of animals, which is not in conformance with the provisions of this code, may be continued, subject to the following:

(i)    No use may be expanded or enlarged, except in conformance with this code;

(ii)    If a nonconforming use is discontinued for 12 consecutive months, any future use shall fully conform to this code; and

(iii)    Having written proof of the existence of the use shall be the responsibility of the occupant or property owner.

(3)    Agricultural Animals (see Definitions).

(i)    The CSR, R-R, R-E, R-1 and R-2 districts shall not have more than one large agricultural animal per one-quarter acre of land and shall be subject to the fencing requirements of this chapter. In these districts, all types of fowl except roosters (e.g., chickens, turkeys, ducks, and geese) shall be allowed, subject to the confinement provisions of this subsection.

(ii)    In all other districts, a maximum of one large agricultural animal (e.g., horse, sheep, cow, mule or burro) shall be allowed per one-half acre of land.

(iii)    Roosters, of any breed, are prohibited in all districts except on properties of at least five acres. A rooster shall be defined as any adult male domestic chicken which is three months of age or older.

(iv)    Agricultural animals shall be subject to the following provisions:

(A)    All large agricultural animals kept on a parcel shall be fenced so that they are no closer than 100 feet from any residential structure on another property. For the purposes of this section, the first in time shall be the first in right. Written permission, if the animal were not first in time, for a lesser distance may be obtained from the property owner, or if not owner occupied, from the occupant.

(B)    No person shall keep, house, or shelter one or more pigs in any zone district other than R-R unless such person has obtained a conditional use permit in accordance with the provisions of GJMC 21.02.110.

(C)    Small animals (e.g., chickens and rabbits) which are kept outside the residence shall be confined by a fence, cage, pen, or coop so as to be no closer than 20 feet from a principal residential structure on an adjoining property. A maximum of six adult animals shall be allowed on parcels of one-half acre or less. On parcels greater than one-half acre, 15 adult animals shall be allowed per acre. Roosters are allowed only on parcels of five or more acres.

(D)    In the R-R district, the number of agricultural animals and small animals (including roosters) allowed under this subsection may be exceeded with a conditional use permit (see GJMC 21.02.110). If the conditional use application is approved, the permit shall state the maximum number of animals allowed by type and in the aggregate.

(E)    Property owners or residents currently maintaining roosters on property less than five acres in size shall be allowed to keep the existing rooster(s) until September 1, 2020.

(4)    Household Pets (See GJMC 21.10.020, Terms defined).

(i)    In all districts, a maximum of three adult (four months or older) household pets, e.g., dogs and cats, per species, shall be allowed. In no event shall the total number of adult household pets exceed six.

(ii)    The requirements of subsection (a)(4)(i) of this section shall not apply to those small animals kept within a residence as household pets, e.g., fish, small birds (parakeets, parrots), rodents (mice, rats), and reptiles (nonpoisonous snakes, lizards).

(iii)    Dogs or cats kept confined in kennels shall be kept no closer than 20 feet from the nearest principal residential structure on an adjacent property, unless written permission for a lesser distance is obtained from the adjacent occupant or property owner. Such permission may be revoked at any time. Upon revocation, the owner of the animal shall have 30 days to move the animal so that compliance is achieved.

(5)    Other Animals.

(i)    Other animals may be kept only after obtaining approval from the Director.

(ii)    Racing Pigeons. “Racing pigeon,” by definition, is a pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted as such by the American Racing Pigeon Union, Inc. or the International Federation of Racing Pigeons Fanciers. Also commonly known as Racing Homer, Homing Pigeon or Carrier Pigeon. The structure for the keeping of housing of pigeons permitted by this regulation is defined as a “loft.” The keeping of pigeons as defined above shall be permitted on the following conditions which are, in part, recommended by the Avian Assistance Council and the American Racing Pigeon Union, Inc.:

(A)    The loft shall be of such sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition and shall contain at least one square foot of floor space for each mature pigeon kept therein.

(B)    The construction and location of the loft shall not conflict with the requirements of this code or building code. The loft shall be enclosed except for the aviary portion which cannot exceed 20 percent of the floor area of the loft.

(C)    The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the City.

(D)    All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin.

(E)    A maximum of 50 performing birds shall be allowed on parcels of one-half acre or less. On parcels greater than one-half acre, a maximum of 100 performing birds shall be allowed. Performing birds are birds that leave the loft in training and for racing.

(F)    All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and at no time shall pigeons be allowed to perch or linger on the buildings or property of others. Pigeons shall be fed only in the confines of the loft.

(G)    No one shall release pigeons to fly for exercise, training or competition except in compliance with the following rules:

a.    The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the Grand Junction Racing Pigeon Club, The American Racing Pigeon Union, Inc. or other club that has rules that will help preserve the peace and tranquility of the neighborhood.

b.    Pigeons will not be released for flying which have been fed within the previous four hours.

c.    Pigeons shall be banded and registered with one of the national pigeon associations/registries.

(H)    A structure housing racing pigeons shall be no closer than 50 feet to any adjacent residential or commercial structure on another property.

(b)    Adult Entertainment.

(1)    The City Council finds that the concentration of certain adult entertainment establishments in cities tends to result in the blighting and deterioration of the areas of such concentration. Accordingly, it is necessary that these establishments be regulated in a manner as to prevent the erosion of the character of affected neighborhoods.

(2)    No adult entertainment establishment as defined herein shall be permitted within the City of Grand Junction except as provided in this code.

(3)    The purpose of this subsection is to establish for the zoning and location of adult entertainment establishments which:

(i)    Are not a nuisance; and

(ii)    Do not violate the provisions of the law regarding sexual conduct, obscene material or obscene conduct.

(4)    Nothing in this code authorizes, legalizes or permits the establishment, operation or maintenance of any business, building or activity which violates any other municipal ordinance or provision of the laws regarding nuisances, sexual conduct, obscene material or obscene conduct. “Obscene material” or “obscene conduct” means that material or conduct which, taken as a whole, appeals to the prurient interest of the average person, applying a contemporary local standard and depicts or describes sexual conduct which, taken as a whole, lacks serious literary, artistic, political or scientific value. The term “contemporary local standard” means that the material or conduct at issue must be measured in terms of the contemporary community standards of the City.

(5)    Definitions.

(i)    Adult Entertainment Establishments. Any establishment which conducts as a principal use of the premises or as a significant or substantial adjunct to another use of the premises, the sale, rental, display or other offering of live entertainment, dancing or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to:

(A)    Adult bookstore: Any establishment which sells or rents adult material including but not limited to books, magazines, movies, films, slides, or other photographic or written material and/or devices;

(B)    Adult hotel or motel: Any hotel or motel in which the presentation of adult material is the primary or a principal attraction; and

(C)    Adult motion picture theater: Any fully enclosed theater in which the presentation of adult material is the primary or principal attraction;

(D)    Adult cabaret, restaurant or place of business: a cabaret, restaurant or place of business which features topless and/or bottomless dancers, waitresses, waiters, or entertainers, or any other depiction of adult material.

(ii)    Adult Material. Any material including, but not limited to, books, magazines, newspapers, movie films, slides, or other photographic or written materials, video tapes and/or devices which are distinguished by their emphasis on depicting, describing or relating to specified anatomical areas or specified sexual activities:

(A)    Specified anatomical areas are any of the following which are less than completely and opaquely covered:

a.    Human genitals and pubic region;

b.    Buttocks;

c.    The human female breast or breasts to a point immediately below the top of the areola; and

d.    Human male genitals in a discernibly turgid state even if completely and opaquely covered.

(B)    Specified sexual activities or sexual conduct:

a.    Human genitals in a state of sexual stimulation or arousal;

b.    Actual or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, cunnilingus, fellatio, anilingus or any sexual acts which are prohibited by law; and

c.    Touching or fondling of the human female breast, buttock, anus or genital.

(iii)    Public Building. Any building owned, leased or held by the United States of America, the State of Colorado, Mesa County, or the City of Grand Junction, any school district or other agency or political subdivision, which building is used for governmental purposes.

(iv)    School. Any public or private educational facility including child day care facilities, nursery schools, preschools, kindergartens, elementary schools, middle schools, junior high schools, high schools, vocational schools, special education schools, colleges, universities and trade schools. “School” includes the school grounds, buildings, structures and facilities.

(v)    Church. Any structure or building for public worship.

(vi)    Park. Any public property kept, used and maintained for recreational, ornamental or aesthetic purposes.

(vii)    Playground. Any property, public or private, used for and equipped with facilities for recreation especially by children. A playground may be incidental to school use but is not limited to school use or school facilities as defined herein.

(6)    Prohibition. No person, corporation, or business of any sort or description, shall cause or permit the location or operation of an adult entertainment establishment as defined herein within 1,000 feet of the property line of another such business or within 1,000 feet of the property line of any church, school, park, playground, public building or within 1,000 feet of any residentially zoned property as the same are established under this code. The operation of an adult entertainment establishment shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses described herein.

(7)    Nonconforming Uses. Uses made nonconforming shall be governed by those provisions of this code.

(c)    Flea Markets.

(1)    This section establishes standards for the operation of flea markets in a manner that protects adjacent property values and street function.

(2)    Performance Standards. All flea markets shall meet the following standards (see Chapter 21.10 GJMC, Definitions, and GJMC 21.04.010, Use table):

(i)    No booth, stall, or other display area shall be placed or maintained within any required setback area;

(ii)    Off-street parking shall be provided at 1.5 spaces per booth or stall;

(iii)    Parking area shall only be accessible by driveways meeting standards established in TEDS (GJMC Title 29);

(iv)    Sanitary facilities as required by the Director shall be provided on site;

(v)    All items for sale shall be stored indoors (or within an approved screened storage area) or removed from the site at the close of each business day. Flea markets shall not be open for business in excess of 16 hours per day;

(vi)    No storage of items other than those available for retail sale may be stored on the premises unless confined within an approved screened storage area as per GJMC 21.04.040(h);

(vii)    Flea markets shall not derive access from a collector or local street which serves a residential district located within 1,200 feet of the property on which the flea market is located; and

(viii)    An owner or operator of an existing flea market shall comply with all City regulations on or before December 31, 2005.

(d)    New Car/Auto Recycler, End Recycler (Salvage Yard), Wrecking Yards, Appliance Recycler, Impound Lots. (For existing uses see GJMC 21.04.040(h)(2)(iii).) New car/auto recycler, end recycler (salvage yard), wrecking yards, appliance recycler and impound lots shall be allowed to operate only with an approved conditional use permit and are subject to the following requirements. Salvage, dismantling, recycling or impound lot uses as accessory uses are permitted under the same status as the principal use and are subject to all requirements of the principal use in addition to the following requirements:

(1)    Recycling/wrecking/salvage yards and impound lots shall provide the screening and buffering required by GJMC 21.06.040(i) and provide a six-foot-high wall along the street frontage and along the first 50 feet of the side perimeter from the street. The wall shall be increased to eight feet if the yard will contain any stored items in excess of six feet. The required wall shall meet the required front yard setback with landscaping in the setback area.

(2)    The wall shall be of solid, 100 percent opaque construction of wood, masonry, or other material approved in writing by the Director (unless the screening and buffering required by GJMC 21.06.040(i) allows for only masonry or wood).

(3)    All outdoor yards or storage lots shall comply with the following:

(i)    No yard or storage lot shall be placed or maintained within a required yard setback.

(ii)    Stored items shall not project above the screening except for integral units as defined in Chapter 21.10, Definitions; and stacking of no more than two vehicles on top of a wheel stand. Integral units shall include shelving up to 20 feet in height for the purpose of storing recyclable materials. Integral units shall not be stored within the first 20 feet of the property from any street frontage property line.

(iii)    All screening shall be installed in a professional and workmanlike manner, and maintained in good condition.

(4)    All compaction, cutting and/or other material volume reducing operations shall be conducted to minimize the noise generated by the operation.

(5)    Unusable items shall be disposed of and not be allowed to collect on the premises.

(6)    All tires not mounted on operational vehicles shall be neatly stacked or placed in racks. If stacked, the stacks shall not be over six feet in height; if on racks, the top of any tire on any rack shall not be over 10 feet in height.

(7)    No garbage or other putrescent waste, likely to attract vermin, shall be kept on the premises. Gasoline, oil, or other hazardous materials which are removed from scrapped vehicles or parts of vehicles kept on the premises shall be disposed of in accordance with applicable federal, State and local regulations. All other regulations of the City such as, but not limited to, building codes, fire codes, weed regulations and health regulations shall apply to the operation of all such uses.

(e)    Campgrounds.

(1)    A camping guest shall not use a campsite as a permanent residence or domicile.

(2)    Campground Design and Overall Site Layout.

(i)    Access and Circulation.

(A)    Entries, access drives, and parking areas shall meet City dimensional and fire standards and grading, drainage and dust control requirements as applicable.

(B)    The surface of entries and access drive aisles shall be paved with asphalt or concrete with a pavement section to support an 80,000-pound fire truck.

(C)    Pedestrian walkways shall be surfaced with a firm and stable, ADA-accessible material and designed to provide safe pedestrian circulation within the campground.

(ii)    Parking.

(A)    Parking or unit pull-in spaces shall be finished with a firm and stable material.

(B)    A minimum of one parking space per camping unit shall be provided at or in proximity to each campsite.

(C)    A minimum of two additional parking spaces shall be provided at each common service building or campground office.

(iii)    Entries, access drive aisles and walkways shall be lighted every 500 feet consistent with the overall design of the campground. Low-level, full cut-off pedestrian lighting fixtures are encouraged.

(iv)    Site Design and Planning.

(A)    At least one campsite with accessible/mobility features shall be provided for each 25 campsites within the campground.

(B)    An overflow area for campsites may be established but shall not exceed five campsites/parking areas per 100 in the campground.

(C)    Common service buildings including restroom and shower facilities shall be located no closer than 20 feet nor more than 500 feet from any campsite that may be used by a dependent camping unit.

(D)    Entryways to common service buildings shall be lighted during all operational hours between dusk and dawn.

(E)    Areas of campgrounds that abut residential properties shall be screened by a six-foot solid fence or year-round vegetation measuring six feet in height. Fences must comply with GJMC 21.04.040(i) and any design guidelines.

(F)    Landscaping. All areas shall be covered with either the natural vegetation and/or an acceptable form of ground cover so as to facilitate drainage, reduce dust, prevent erosion and reduce fire hazards.

a.    One tree per 2,500 square feet of the total net area used as campsites (e.g., exclude drive aisles, common areas or areas with common buildings) is required. Trees may be distributed throughout the campground.

b.    All other landscaping shall comply with GJMC 21.06.040.

(G)    Each campground with 50 campsites or more shall provide an active recreational area(s) such as a tot lot or playground, horseshoe pits or lawn game area consisting of a minimum of 100 square feet per campsite.

(v)    Campsite Design.

(A)    Any campsite shall be set back a minimum of 25 feet from a public right-of-way.

(B)    Each campsite shall provide a minimum of 750 square feet of space per intended camping unit and have a minimum width of 25 feet.

(C)    A camping unit either in full set-up mode (all extensions/pull-outs in place), placed or built on a site shall not occupy more than 75 percent of the area of the campsite. Campsite size shall be larger than the minimum if larger camping units are intended and/or allowed.

(D)    If a campsite may be used for multiple units, it shall provide at least another 400 square feet per each additional camping unit.

(E)    Camping units or attachments thereto (e.g., slideouts, awnings) shall be set back a minimum of three feet from individual campsite boundary lines or five feet from campground property boundary lines.

(F)    Each site shall be marked and/or numbered for identification in a conspicuous location, and be legible from the campground access drives.

(G)    No permanent or semi-permanent structures, such as cabins, lean-tos, accessory structures, sheds or habitable buildings, whether placed on a permanent foundation or not, shall be erected on a campsite except by the owner/operator of the property.

(vi)    Water Services.

(A)    The campground water supply system shall be designed, constructed and maintained in compliance with all applicable codes. At campsites that provide for full or partial hook-up, the water system shall be connected to a public water supply system.

(B)    Common water faucets shall be conveniently accessible from any campsite intended for dependent camping units.

(C)    Spillage, overflow, drainage or wastewater from common faucets shall be discharged to approved drains or otherwise designed to prevent impoundment of water, creation of mud holes or other nuisance conditions.

(D)    A water station for filling water storage tanks shall be provided at the rate of one station for every 100 campsites or part thereof that are designed for independent camping units. The water station shall be posted with a sign indicating it is potable water.

(vii)    Sanitary Sewer.

(A)    At campsites that provide for full or partial hook-up, the sewer service shall be connected to a public sewer system.

(B)    It is recommended that one sanitary waste station connected to a public sewer system be provided for campgrounds designed for greater than 100 independent camping units.

(C)    When a sanitary waste station is provided, it shall be located on a level site with a concrete slab sloped to a center drain and be easily accessible from the access drive.

(D)    When a sanitary waste station is provided, a means for flushing holding tanks and the immediate area shall be provided at each sanitary waste station. The flushing station shall consist of a properly supported water riser pipe, valved outlet and attached hose.

(E)    A flushing sink or other means of disposal connected to the public sewer system shall be provided for disposal of liquid wastes from dependent camping units unless a sanitary waste station is provided and is conveniently located to these campsites.

(viii)    Restroom and Shower Facilities.

(A)    All common restroom and shower facilities shall be connected to public water and sewer systems. Privies are not allowed within campgrounds within the City limits.

(B)    Required toilet, sink and shower facilities shall be provided in the following minimum numbers:

a.    Where a campground is designed and operated for exclusive use by independent camping units, at least one toilet and one sink shall be provided for each 50 campsites.

b.    Where a campground accepts or accommodates dependent camping units, at least one toilet and one sink shall be provided for every 15 campsites not provided with sewer connections and one shower shall be provided for every 15 campsites or fractional part thereof. Sinks shall be provided at each building containing toilet facilities at a rate of one sink per toilet for up to six toilets and one sink for every two toilets thereafter.

(ix)    Health, Safety and Maintenance.

(A)    Emergency and fire safety rules and regulations shall be conspicuously posted by campground management and shall include the following information in addition to any other information required by the Fire and/or Police Department and any other laws and regulations:

a.    Information needed for summoning the Fire and Police Departments.

b.    Campground location information needed to provide to responding emergency services.

c.    Location of common water faucets.

d.    Location of fire suppression hydrant(s).

e.    Location of sanitary waste station(s).

f.    Map of campground, identifying all buildings and campsites by number.

(B)    All areas including the storage, collection and disposal of refuse shall be maintained to minimize health and accidents, fire, air quality and other nuisance conditions.

(C)    Durable, water-tight, easily cleanable refuse containers, sufficient to contain all refuse from the campground, shall be provided. Provision of recycling containers for separation of plastic, glass, metal and aluminum containers is recommended.

(D)    All trash collection areas shall be contained with a six-foot privacy fence or wall on at least three sides of the area.

(E)    A six-foot fence shall be provided around hazardous areas such as swimming pools, utility areas or storage of hazardous materials.

(F)    A fire ring shall be provided at any campsite that allows the use of combustible fuel. Location of the fire rings shall be shown on the site plan.

(f)    Manufactured Housing Parks.

(1)    Purpose. To provide for low cost housing developments that include adequate amenities and are designed to provide a stable, long-term asset for the community.

(2)    Standards. Manufactured housing parks shall have a maximum density of eight manufactured homes per acre and a minimum density of four units per acre. The following standards shall also apply:

(i)    All manufactured home spaces shall abut on a hard-surfaced roadway of not less than 24 feet in width which shall be adequately lighted and drained and which shall have unobstructed access to a paved public street or highway;

(ii)    No manufactured home or structure shall be closer than 25 feet to any property line of the manufactured home park nor closer than 20 feet to another manufactured home or any building in the park, except where manufactured homes are parked end to end, the end clearance shall be at least 15 feet;

(iii)    No additions shall be built onto any manufactured home other than a porch or entryway, which shall be not less than 15 feet from the nearest manufactured home and its additions;

(iv)    All buildings and manufactured homes within the park shall be served with centralized water supply and sewage disposal systems approved by the City;

(v)    Two off-street parking spaces shall be provided for each manufactured home site and one space for every 50 square feet of floor area in administration and service buildings;

(vi)    All manufactured homes shall be skirted and anchored in a manner approved by the Director;

(vii)    All parking and driveway areas shall be paved;

(viii)    Mobile homes, recreational vehicles or travel trailers may not be used as residences within a manufactured home park;

(ix)    Each space shall be numbered in a conspicuous location and a space map posted at the entrance to the park;

(x)    In evaluating the proposed development, the City shall evaluate, in addition to other considerations, the following:

(A)    The effect of the proposed manufactured home park on adjacent property values;

(B)    The consistence and compliance of the proposed manufactured home park with the provisions of applicable County and State regulations;

(C)    The suitability of the site for the proposed use with special attention to topography, subsurface conditions and the availability of necessary utility service;

(D)    The relation of the population density resulting from the proposed manufactured home park to the public interest;

(E)    The use of sound planning and engineering practices;

(F)    The availability of access from existing highways and the nature of the altered traffic pattern resulting from the manufactured home park; and

(G)    The availability of schools, police protection, fire protection and other public services;

(xi)    In the event of approval, the City shall specify appropriate conditions and safeguards to protect the character of existing and future development of adjoining properties as well as the manufactured home park; and

(xii)    Existing manufactured home parks shall comply with the above standards to the greatest extent possible, except that:

(A)    Existing mobile homes may continue to be used and replaced in mobile home parks established prior to 1976;

(B)    Existing spaces may be used; provided, that any additions made after the effective date of the code shall comply with setback requirements herein; and

(C)    Paving of existing driveways only shall be required if the park is expanded or the number of spaces increased.

(g)    Mini-Warehouse.

(1)    Purpose. This subsection sets standards for the establishment of safe and attractive mini-warehouse developments. These standards apply to all mini-warehouses, including those that provide indoor and/or outdoor units.

(2)    Accessory Uses. Accessory uses may include living quarters for a resident manager or security and leasing offices.

(3)    Uses Prohibited.

(i)    No owner, operator or lessee of any mini-warehouse or portion thereof shall offer for sale or sell any item of personal property, or conduct any type of commercial activity of any kind whatsoever, including such uses as sales, service and repair operations, manufacturing, or truck/equipment rentals, other than leasing of the units, or permit same to occur upon any area designated for the mini-warehouse use, except that estate or foreclosure sales held by the mini-warehouse owner or operator shall be allowed.

(ii)    No outside storage shall be permitted except the storage of licensed vehicles within approved areas designated for such storage. This storage shall meet the requirements of GJMC 21.04.040.

(4)    Landscaping and Screening. All mini-warehouses shall provide the following in addition to meeting standards of GJMC 21.06.040:

(i)    A 30-inch-high by 10-feet-wide landscaped berm is required between storage units and the abutting public right-of-way. The berm shall include trees that are planted every 30 feet.

(ii)    For outdoor mini-warehouse units, landscaping islands shall be provided at the end of each row of storage units. Landscape islands shall be planted with shrubs that reach at least five feet of height at maturity.

(5)    Off-Street Parking and Driveways Standards.

(i)    Drive aisles within outdoor mini-warehouse facilities shall be a minimum of 26 feet wide for single-load aisles and 30 feet for double-load aisles.

(ii)    A minimum of two parking spaces shall be provided adjacent to the primary entry structure.

(6)    Architectural and Site Design Standards. All mini-warehouses shall meet the following standards:

(i)    Mini-warehouses that front public rights-of-way shall provide a primary entry structure at the entrance of the development that meets the following standards:

(A)    No parking shall be placed between the building and the street.

(B)    Windows or similar architectural features shall cover at least 30 percent of the street-facing facade.

(C)    Building materials such as brick, stone, wood, architectural-grade metal, or similar exterior shall be used.

(D)    Two of the following features shall be utilized in the design of the primary entry structure:

a.    Tower feature.

b.    Facade articulations on the street-facing facade.

c.    Roofline articulations in the street-facing facade.

d.    Decorative lighting on the street-facing facade. This lighting must comply with all standards found in GJMC 21.06.080.

(ii)    Any street-facing facade of each storage unit must be covered with building materials such as brick, stone, wood, architectural-grade metal, or similar exterior.

(7)    Signage. All mini-warehouses shall provide the following in addition to meeting standards of GJMC 21.06.070:

(i)    Individual mini-warehouses shall be clearly marked with numbers or letters identifying the individual units and a directory of the unit locations shall be posted at the entrance or office of the facility.

(ii)    Signs or other advertising shall not be placed upon, attached to, or painted on any walls or fences required for landscaping and buffering in the mini-warehouse development.

(h)    Short-Term Rentals.

(1)    Purpose. The purpose of this regulation is to allow short-term rentals in certain zone districts in the City with a permit and with regulation to assist in protecting the health, safety, and welfare of property owners, neighbors, and occupants.

(2)    Applicability. These regulations apply to all uses meeting the definition of short-term rental. Private covenants running with land may restrict or prohibit short-term rentals; it is the responsibility of the property owner, not the City or any employee or agent thereof, to ensure compliance with restrictive covenants.

(3)    Definitions. Short-term rental is a type of lodging wherein a dwelling unit, either in full or in part, is rented to a temporary occupant(s) for monetary consideration for fewer than 30 consecutive days. A bed and breakfast is, for purposes of this title, a type of short-term rental. Likewise, a home used similar to a rooming/boarding house but where stays are fewer than 30 consecutive days is also a short-term rental. Short-term rental does not include shelters or other transient lodging as defined as a community service use.

(4)    Permit Required. No person or entity shall sell lodging to a temporary occupant(s) of a dwelling unit for fewer than 30 consecutive days without first having obtained a short-term rental permit issued by the City and complying with any conditions or restrictions thereof. A short-term rental permit is valid for the life of the short-term rental use, subject to annual re-registration in a form prescribed by the City. A separate short-term rental permit is required for each short-term rental unit. A short-term rental permit may be issued only to the owner of the property used for short-term rental. A short-term rental permit may be issued by the Director upon finding that the requirements of this subsection (h) are met. A permit may contain conditions and restrictions.

(5)    Occupancy.

(i)    The number of occupants at any given time in a short-term rental unit shall not exceed two persons per bedroom plus two additional renters, including the operator, except where the Director determines that the size, configuration and/or structural features of the unit allow greater or lesser occupancy.

(ii)    The permit shall specify the maximum occupancy of the unit.

(6)    Designated Local Responsible Party.

(i)    The property owner shall designate one or more local person(s) who will be permanently available and responsible for immediately responding to complaints about or violations of law or of permit terms. Local as used herein means having a permanent address within a 20-mile radius from the short-term rental property and a 24-hour contact phone number.

(ii)    The designated local responsible party may be the owner of the property if he or she meets the local criteria.

(iii)    The designated local responsible party must be authorized by the property owner to permit inspection of the premises by the City and/or its agent or employee to ensure compliance with applicable fire and building codes and with the requirements for and/or of the short-term rental permit.

(7)    General Requirements. The owner of a dwelling used or to be used as a short-term rental shall:

(i)    Obtain a tax license from the City of Grand Junction and comply with all applicable local, State, and federal taxes;

(ii)    Demonstrate and certify that the unit contains the following on the premises at all times:

(A)    A smoke detector in good working order;

(B)    A carbon monoxide detector in good working order;

(C)    Adequate and functional building egress from each sleeping room in the unit;

(D)    Posted notice providing in detail the following information in a highly visible location and readily accessible form:

a.    Location of building exits and fire extinguishers;

b.    Twenty-four-hour emergency contact information;

c.    Parking areas and parking restrictions, including a notice that parking on lawns is not allowed;

d.    Noise restrictions and quiet hours;

e.    Trash disposal instructions including trash pickup location and schedule;

f.    Maximum occupancy restrictions;

g.    City permit number;

(iii)    Certify all units maintain a fire extinguisher in good working order;

(iv)    Permit inspection of the premises by the City or its agent or employee during the pendency of the permit application, and thereafter upon reasonable notice;

(v)    Provide with its application a sketch or drawing of the unit that depicts all rooms, doors and windows, including dimensions, and shows on-site areas available for guest parking;

(vi)    If the short-term rental unit is accessed by a shared driveway, provide the City with a copy of a written instrument authorizing use of the driveway for short-term rental purposes;

(vii)    Provide the name, address and phone number of the designated local responsible party to the City, and update such information with the City whenever it changes;

(viii)    Register annually with the City, certifying that the permit terms and requirements are still being met and updating any material changes to the unit or property;

(ix)    Where food is prepared and served to guests/lodgers on the premises, demonstrate compliance with Mesa County Health Department regulations.

(8)    Revocation, Suspension, and Appeal.

(i)    A short-term rental permit may be suspended or revoked for any of the following reasons:

(A)    The owner or designated responsible party has failed to comply with a requirement of this subsection (h).

(B)    The owner or designated responsible party has failed to comply with a condition of or restriction set forth in the short-term rental permit.

(C)    The owner has failed to collect or remit lodging taxes or otherwise comply with local, State and/or federal tax requirements.

(D)    Materially false or misleading information has been provided to the City by the applicant, owner or designated responsible party on an application.

(E)    The City has received excessive and substantial complaints by neighbors or affected persons that were not adequately and timely addressed by the owner or designated responsible party.

(ii)    Notice of revocation shall be provided to the owner, who shall then be given an opportunity to respond within 10 days. The Director will issue any decision to revoke or suspend a permit within 10 days of the response date.

(iii)    Any aggrieved person may appeal the issuance, denial, suspension, or revocation of a short-term rental permit to the Zoning Board of Appeals within 10 days of the issuance of the decision.

(i)    Business Residence.

(1)    Residence Occupancy. A business residence is a primary residence, located within a business structure, of the owner, operator or employee of the business. This subsection is not intended to permit general residential uses in business or commercial areas.

(2)    Residence as Accessory Use. The same procedures and requirements shall govern a residential accessory use as the principal use with which it is associated (see GJMC 21.04.010, Use table). The following conditions apply to all business residences:

(i)    The residential unit shall comply with all appropriate building and fire codes and with all applicable portions of this code;

(ii)    Only one single-family dwelling unit per business or structure is allowed and it shall be occupied only by the owner, operator, or employee of the principal use and immediate family;

(iii)    The dwelling unit shall be located within a structure used primarily for business purposes;

(iv)    A minimum of one off-street parking space shall be provided for the dwelling unit in addition to the required parking for the business; and

(v)    Other conditions as required through the site plan approval process.

(j)    Medical and Hazardous Waste Transfer Facilities.

(1)    Purpose. The purpose of this subsection is to evaluate the expected impact of a proposed medical or hazardous waste transfer facility and to reasonably ensure that such a facility is reasonably safe.

(2)    Application. A medical or hazardous waste transfer facility receives and temporarily stores medical or hazardous wastes; it does not include facilities for the treatment, storage or disposal of wastes. A conditional use permit, granted in accordance with GJMC 21.02.110, shall be required prior to establishment of a medical or hazardous waste transfer station. The Director may waive or reduce informational requirements for a specific proposal after making a written finding that such information is not needed to adequately review the impacts of the proposed facility or that other available studies adequately provide the requested information.

(3)    Exemptions. A facility that provides temporary storage of hazardous or medical wastes generated on the site for a period not to exceed seven days or the time period allowed by the State is not subject to the provisions of this subsection.

(4)    Medical or Hazardous Waste Transfer Facility Report Requirements. An application for a conditional use permit for a medical or hazardous waste transfer facility shall include the submission of a hazardous waste facility siting report by the applicant. This report shall summarize and analyze all pertinent information regarding the proposed siting of the facility, and shall:

(i)    Be prepared by an independent, qualified professional. The author of the hazardous waste facility siting report shall provide written evidence of expertise required to prepare the report;

(ii)    Include the following information, as well as any additional information deemed necessary by the Planning Commission or City Council for a thorough review of the proposal:

(A)    Applicant Information.

a.    Applicant and property owners’ names, addresses and interests in the property.

b.    Name, address, and telephone number and credentials of the author of supporting technical documentation.

c.    Affidavit authorizing the applicant to represent the property owner.

d.    Legal description and location of the proposed site.

e.    Location map indicating the location of the site in relation to the City thoroughfare system.

f.    Zoning map indicating the present zoning of the site (and proposed zoning if a rezoning has been requested) and the zoning of adjacent parcels.

g.    A land use map indicating existing and proposed site development and land uses of property located within 2,500 feet of proposed storage and operations areas.

h.    The site topography, including existing and proposed grades shown in contour intervals of two feet.

i.    The site’s hydrological conditions, including the location of any floodplains, wetlands and bodies of water, as well as subsurface water characteristics.

j.    The site’s geological conditions, including description of geological features, unstable areas or other geological anomalies which might affect facility operation and that, to the extent such features exist, they have been adequately addressed in the facility design.

k.    The history of uses at the site which may have installed underground storage tanks, deposited fill on the property for disposal or grading purposes, or contaminated soils with medical or hazardous wastes.

l.    The distance from the nearest park, wetland, fresh water stream or water body, wellhead, water pumpage center, sewage treatment plant, sewage trunk line, floodway area, flood fringe area, rail freight line, federal or State highway, public water supply, groundwater recharge area, or aquifer outcrop area.

m.    Existing streets, driveways, loading areas and public utilities.

(B)    Project Description and Impact Analysis.

a.    Description of proposed use of the site, including a detailed explanation of all operations involving medical or hazardous wastes.

b.    Description and drawing of proposed buildings, structures and storage facilities, including proposed height and bulk of any.

c.    Description and drawing of all proposed streets, driveways, parking areas and loading areas.

d.    A traffic study which takes into consideration traffic generated by the facility as well as background traffic and all traffic that will be generated by development authorized under existing regulations in the vicinity of the facility.

e.    Description of efforts made by the applicant to meet with surrounding property owners to inform them of their proposal and respond to their concerns.

f.    Agency findings of compliance with applicable provisions of local, State or federal law.

g.    Applicant’s technical findings related to hydrological, geological and topographical constraints and proposed mitigation measures.

h.    Applicant’s findings related to the suitability of the site for the purposes proposed, including consistency with the Comprehensive Plan, natural features and adjacent development patterns.

i.    Applicant’s finding that no environmentally, archaeologically, culturally or historically significant areas, threatened or endangered species, or lakes exist on or near the property, which will be negatively impacted by the facility.

j.    Applicant’s findings that there are no wetlands on the property which will need to be filled in order to facilitate the construction of the facility.

k.    The operator shall provide details on the site’s security system, including an explanation of how access to and from the site is to be controlled.

l.    The operator shall submit a full description of operations including character and location of material transfer and storage, spill and emergency response plans and manifesting program.

m.    Proposed screening and landscaping of the site showing existing and proposed use of plants, berms and fences.

n.    The need to relocate any existing public facilities and utilities located on the site.

(5)    Medical or Hazardous Waste Transfer Facility Review Requirements. The City shall review the Hazardous Waste Facility Siting Report and the supporting documentation for completeness and the validity of the assumptions stated and determine whether the proposal:

(i)    Is consistent with the Comprehensive Plan;

(ii)    Will substantially advance the public health, safety or general welfare;

(iii)    Will impact the marketability and property values of surrounding property;

(iv)    Will impact the site’s environment and natural resources;

(v)    Has public benefit that outweighs public or private detriment;

(vi)    Is compatible with adjacent development; and

(vii)    Is a suitable use for the proposed site.

(6)    In granting a conditional use permit for a medical or hazardous waste transfer facility, the City may establish reasonable conditions including, but not limited to:

(i)    Containment safeguards to prevent contamination of surface or groundwaters;

(ii)    Buffering, screening and berming to ensure that operations or activities on site are adequately screened from off-site locations;

(iii)    Noise levels at the property line shall not exceed the guidelines for community noise published in the American National Standard ANSI 53.23-1980, entitled “Sound Level Descriptions for Determination of Compatible Land Use,” [§ 25-12-103 C.R.S.];

(iv)    Seismic vibrations, if any blasting is to occur during either construction or operations, are not to exceed the standard established in U.S. Bureau of Mines Bulletin 656;

(v)    All on-site roads, driveways, parking and loading areas shall be paved to limit fugitive dust;

(vi)    Odors shall be controlled to the maximum extent practicable using the best available technology;

(vii)    Access to the site shall not use residential streets;

(viii)    Fiscal assurances in a specified amount, in a form mutually acceptable to the operator and the City, to guarantee the operator’s performance during the operation, closure and post-closure period, and to provide financial assurance with respect to any third party claimants for personal injury or property damage by persons residing or owning property within a specified distance from the facility, which damage can be shown to be a direct consequence of facility operations;

(ix)    Limitation of the hours of operation;

(x)    A surface water drainage system to provide runoff and erosion control that can accommodate a 100-year, 24-hour storm and that any surface drainage which does come in contact with waste handled outside of sealed DOT approved containers is directed to an independent collection system;

(xi)    Periodic monitoring of operations and stormwater runoff from the site. The facility operator shall reimburse the local government for their costs related to inspection, monitoring and other administration of facility operations;

(xii)    Limitation of the types of waste which can be received at the site and standards ensuring that personnel are properly trained to handle wastes accepted at the site;

(xiii)    A franchise fee calculated to pay the City for the costs to review, monitor and enforce the permit;

(xiv)    To the extent that any technical environmental issues are raised, the operator, as part of the review process and prior to approval, shall reimburse the City for the cost of engaging the services of an independent expert to study and provide an opinion concerning the issues;

(xv)    The operator shall allow the City and its designees to inspect the site during hours of operation without prior notice, to ensure that the facility is being operated in accordance with applicable conditions of approval;

(xvi)    Reimbursement to the City for the cost of special training, equipment and labor required for response to medical, fire and other emergencies;

(xvii)    A yearly performance report for the facility. This report shall be presented to the Planning Commission annually and shall include, but not be limited to, the following:

(A)    Volume and chemical classification of the substances received;

(B)    Volume and chemical classification of the substances shipped from the site;

(C)    Accidents;

(D)    Location, type and cause of the accident;

(E)    Number and type of spills on and off site;

(F)    Fires – type and location;

(G)    List of corrective measures taken by the operator of the facility to prevent future occurrences;

(H)    Site testing data;

(I)    Number and type of violations found by E.P.A. or State inspectors; and

(J)    Street and traffic safety improvements.

(7)    The Planning Commission shall set an expiration date on the conditional use permit approval.

(k)    Mineral Extraction, Washing, Crushing, Cement Batch Plants and Asphalt Plants.

(1)    Purpose. The purpose of this subsection is to establish reasonable and uniform limitations, safeguards and controls to wisely utilize natural resources and to reclaim mined land.

(i)    Gravel extraction and/or processing activities should occur on parcels of sufficient size so that extraction and reclamation can be undertaken while still protecting the health, safety and welfare of the citizens.

(ii)    Where gravel extraction and/or processing is adjacent to zoning or land uses other than I-1 or I-2, mining, handling and batch processing activities may be restricted, buffering may be required and/or disturbance/reclamation may be accelerated to be compatible with the adjacent zone or use.

(2)    Procedure.

(i)    Commercial extraction of mineral deposits shall not begin or occur until an excavation and land reclamation plan have been approved in writing by the Colorado Mined Land Reclamation Board.

(ii)    A plan approved as part of a CUP and/or a reclamation/development schedule being followed under previous regulations fulfills this requirement.

(iii)    Asphalt, cement and/or other batch plant operations shall be subject to CUP requirements.

(iv)    A plan for a use under this subsection shall contain, in addition to those relevant requirements outlined for a CUP, the following:

(A)    Detailed description of the method of extraction and reclamation to be employed, including any necessary accessory uses such as, but not limited to, crushers, batch plants and asphalt plants;

(B)    An extraction plan showing the areas to be mined, location of stockpile area, location of structures, general location of processing equipment, with accompanying time schedules, fencing if applicable, depth of deposit, tons in the deposit and other pertinent information;

(C)    A detailed reclamation plan showing proposed reclamation with time schedules including, but not limited to, finish contours, grading, sloping, placement, and amount and type of revegetation, post-extraction land use plans and any other relevant information;

(D)    Topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of the land covered in the application;

(E)    Type, character, and density of proposed vegetation both during excavation and as a component of rehabilitation;

(F)    The operator’s estimated cost at each of the following segments of the reclamation process, including where applicable, backfilling, grading, reestablishing topsoil, planting, revegetation management, irrigation, protection of plants and soil prior to vegetation establishment and administrative cost;

(G)    A drainage plan and report prepared by a Colorado registered professional engineer with consideration of natural drainage, drainage during excavation and drainage after reclamation such that the proposed reclamation and excavation will have no adverse effect in excess of natural conditions. Where applicable, the Director may require a floodplain permit (see GJMC 21.07.010, Flood damage prevention);

(H)    Traffic analysis, which reviews road capacity and safety conditions/considerations for and within the neighborhood, as that term may be defined and applied by the Director. The Director may reduce or enlarge the neighborhood to be analyzed upon a finding of a hazard or hazardous condition. The traffic analysis shall generally conform to and address TEDS standards (GJMC Title 29) and shall include but not be limited to ingress/egress, parking and loading, on-site circulation, number of trucks per day and the capacity of roads, streets, bridges, intersections, etc.;

(I)    An erosion control plan for runoff and wind-blown sediments shall be provided for the mining operation and the reclamation;

(J)    Additional information that is required because of unique site features or characteristics may be required by the Public Works and Planning Departments; and

(K)    Upon approval, the excavation and reclamation plans shall be filed with the City and recorded with the Mesa County Clerk and Recorder. Any change in excavation or reclamation plan shall be prohibited unless amended through the conditional use permit process.

(3)    Standards.

(i)    Mineral extraction, washing, crushing, cement and asphalt batch planting and other mined products related uses shall be subject to an approved excavation permit, well permit, air pollution permit, reclamation plan and any and all other permits, certifications or requirements of the State or federal agencies having jurisdiction as required;

(ii)    Excavation or deposit of overburden is not permitted within 30 feet of an abutting parcel, an easement, an irrigation ditch or canal or right-of-way unless by written agreement of the owner of such property, easement, irrigation ditch, canal or right-of-way;

(iii)    Excavation within 125 feet of an existing residence is not permitted unless by written agreement of the owners and occupants of the residence. No rock crushing, asphalt/cement plant or other similar equipment or operations shall take place any closer than 250 feet of a residence. The Planning Commission may require a greater distance if the operation is abutting a residential zone district. Excavation, loading, handling, processing and batch operations adjacent to residentially zoned parcels shall not exceed 65 decibels at the property line of any adjacent parcel;

(iv)    At a minimum, 100 feet greenbelt setback shall be provided from jurisdictional wetlands or navigable watercourses as the same are defined by the U.S. Army Corps of Engineers (USACE). The Director upon recommendation and consent of the USACE may vary this standard;

(v)    Existing trees and vegetation shall, to the extent practicable, be preserved and maintained in the required setback to protect against and reduce noise, dust and erosion. The Director may require vegetative screening and/or buffering in accordance with this code in order to minimize the impact to dissimilar adjacent uses or zoning districts;

(vi)    The owner or operator shall submit a traffic analysis;

(vii)    The Director of Public Works may place restrictions on right-of-way use after review of the traffic analysis. Restrictions may include but are not limited to the owner or operator being be responsible for the extraordinary upgrade and maintenance of the designated haul route;

(viii)    Streets, bridges and highways designated as haul route shall be maintained by the owner/operator in a reasonably clean condition. This may include, depending on local conditions, watering, oiling, or sweeping as determined by the Director;

(ix)    Hours of operation shall be restricted to 6:00 a.m. to 6:00 p.m. The Director may authorize different hours; however, the Director may also restrict as part of the CUP the hours of operation near residential or urbanized areas;

(x)    In no event shall a slope of steeper than 2:1 be left for dry pits. A pit with a slope of 3:1 or steeper shall not exceed a depth of 10 feet. The floor of excavation pits, whether wet or dry, shall be left in a suitable condition;

(xi)    The owner/operator shall not excavate, store overburden or mined material or dike the property in such a manner as to increase any drainage or flooding on property not owned by the operator or damage public facilities and/or property;

(xii)    Prior to starting operation, where the operation is adjacent to subdivided and/or developed commercial or residential property, the Director may require buffering and/or screening. Required fencing, screening and/or buffering shall not be removed until reclamation has been completed;

(xiii)    After mining has been completed, the site shall not to be used to stockpile sand and/or gravel except in I-1 and I-2 with a CUP. In any event the owner/operator is to reclaim the site as rapidly as possible;

(xiv)    Operations shall comply with the noise, vibration and other applicable standards and requirements of this code. If there are conflicting or competing provisions in this code, the most stringent shall apply;

(xv)    All air emissions shall comply with standards established by the Mesa County Health Department, State Health Department and Colorado Air Quality Control Commission;

(xvi)    All water use and/or discharge shall conform to standards established by law and administered by the Environmental Protection Agency (EPA), the Colorado Department of Public Health and Environment (CDHPE), the City of Grand Junction and the Mesa County Health Department;

(xvii)    All slopes shall be stabilized. Land remaining at the natural water level must be revegetated in a manner compatible in type as/with the immediately prevailing area. Revegetation plans are required and shall minimally meet the standards of the Colorado Mine Land Reclamation Board;

(xviii)    All disturbed areas shall be revegetated in accordance with the vegetation plan;

(xix)    Following initial revegetation efforts, the revegetated area shall be maintained for a period of three years or until all vegetation is firmly established in the reclamation area;

(xx)    A timetable for reclamation shall be placed on each project. Time lines, including but not limited to milestones, if any, shall be dependent upon the type and size of reclamation effort;

(xxi)    Proof of a reclamation bond shall be submitted, along with the required reclamation plan;

(xxii)    A development schedule shall be submitted describing the life span of the project in years (ranges are acceptable) and, if applicable, the years per phase;

(xxiii)    If the development schedule is not met the conditional use permit:

(A)    May be revoked;

(B)    The Director may grant a two-year extension per request;

(C)    The Planning Commission shall have the power, after hearing, to revoke any conditional use permit for any violation;

(D)    Upon at least 10 days’ written notice to the owner, the Planning Commission may hold a hearing to determine the nature and extent of the alleged violation, and shall have the power, upon showing of good cause, to revoke the permit and the plan and to require reclamation of the land;

(E)    If not extended or revoked, a new application and extraction plan will need to be submitted and reviewed in the manner described in this subsection;

(F)    An extension request shall provide information in writing detailing the reasons for the request. The Director shall consider the stated reasons, as well as the extent conditions have changed in the area, if any, before granting an extension;

(G)    If a written request to extend the development schedule is submitted to the Director it shall include but not necessarily be limited to the factors and reasons for the requested extension. New conditions may be imposed as a part of the granting of an extension. New conditions, if any, may be appealed to the Planning Commission to be considered at a public hearing;

(H)    The Director may forward any extension request to the Planning Commission;

(I)    Extension requests will be evaluated by the Director and/or Planning Commission on the same basis and with the same information as per the conditional use permit process;

(xxiv)    If the use has not operated or if no material has been extracted in accordance with the development schedule or any extension thereof, the conditional use permit shall expire;

(xxv)    Signage for public safety is required; and

(xxvi)    Fencing around the perimeter of the property is required.

(l)    Superstore/Big Box Development/Shopping Center.

(1)    The following standards and guidelines are applicable to any retail commercial structure in excess of 50,000 square feet or any retail center in which any one structure exceeds 50,000 square feet (hereinafter “big box”).

(2)    Big box shall provide outdoor spaces and amenities to link structures with the community. Bus stops, drop-off/pick-up points, as well as pedestrian circulation routes, shall be integrated with traffic patterns on the site. Special design features enhance the building’s function with its relationship to the community.

(i)    Big box shall provide at least two of the following design features:

(A)    Patio/seating area;

(B)    Pedestrian plaza with benches;

(C)    Window display area (covering at least 75 percent of the length of one facade or 50 percent of the length of two facades);

(D)    Outdoor playground area;

(E)    Kiosk area;

(F)    Water feature;

(G)    Clock tower;

(H)    Public art; or

(I)    Other features approved by the Planning Commission.

(ii)    Each big box shall provide an off-street bus stop for customers and employees when located on an established or planned bus route.

(iii)    Each of these features shall be constructed of material that is compatible with the principal structure and be linked by pedestrian connections as required by this code.

(3)    Pedestrian accessibility from a big box to the neighborhood is key; traffic impacts are reduced and the big box projects a friendlier, more inviting image. This subsection sets forth standards for public sidewalks and internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as pedestrian safety, shelter and convenience within the center grounds.

(i)    Continuous internal pedestrian walkways, no less than eight feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of the principal structure. At a minimum, walkways shall connect pedestrians to transit stops, street crossings, building and store entries and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other materials for no less than 50 percent of its length.

(ii)    Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance and along any facade abutting public parking.

(iii)    Sidewalks shall be located an average of six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades, display windows or entryways are part of the facade.

(iv)    Walkways within 30 feet of at least half of the customer entrances shall have weather protection features such as awnings or arcades.

(v)    Pedestrian walkways in public parking areas shall be distinguished from driving surfaces by the use of durable, low maintenance surface materials such as pavers, bricks or patterned concrete. Such walkways enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

(4)    Parking areas should provide safe, convenient and efficient access. Parking shall be distributed to shorten the distance to buildings and public sidewalks and to reduce pavement. Where possible, no more than 75 percent of the off-street parking for the entire property shall be located between the front facade of the principal structure and the primary abutting street (“front parking area”). The front parking area shall be determined by drawing a line from the front corners of the building to the nearest property corners. If any such line, when connected to the plane of the front facade of the building, creates an angle that is greater than 180 degrees, then the line shall be adjusted to create an angle of 180 degrees when connected to the plane of the front facade of the building. If any such line, when connected to the plane of the front facade of the building, creates an angle that is less than 90 degrees, then the line shall be adjusted to create an angle of 90 degrees when connected to the plane of the front facade of the building. Parking spaces in the front parking area shall be counted to include all parking spaces within the boundaries of the front parking area, including:

(i)    All partial parking spaces if the part inside the front parking area boundary lines constitutes more than one-half of said parking space; and

(ii)    All parking spaces associated with any pad sites located within the front parking area boundaries.

(5)    Where practicable, buildings shall be located closer to the street so that the scale of the building appears to be reduced, pedestrian traffic is encouraged and architectural detail is more apparent.

(6)    Outdoor storage, loading and operations areas shall be attractively screened from adjacent parcels and streets.

(i)    Outdoor storage, trash collection and/or compaction, loading or other such uses shall be located in the rear of the lot.

(ii)    If because of lot configuration the Director determines that such placement is not feasible, then the side yard may be used, but in no case shall such area be located within 20 feet of any public street, public sidewalk or on-site pedestrian way.

(iii)    Outdoor storage, HVAC equipment, trash collection, trash compaction and other service functions shall be incorporated into the overall site design. Views of these areas shall be screened from visibility from all property lines and separated from sidewalks and on-site pedestrian ways. Screening structures shall be made of the same materials as the principal structure.

(iv)    Nonenclosed areas for the storage and sale of seasonal merchandise shall be permanently defined and screened with walls and/or fences. Fences must comply with GJMC 21.04.040(i), any design guidelines and other conditions of approval. Materials, colors and design of screening walls and/or fences shall conform to those used as in the principal structure. If such areas are to be covered, then the covering shall conform to the colors on the building. Outdoor display and storage shall not encroach on any portion of a walkway, drive aisles or required parking spaces.

(v)    Portable outdoor display shall be allowed and shall be placed so that a minimum of eight feet of sidewalk remains open at all times in the display area. Display shall not be placed in the drive aisles or required parking spaces.

(vi)    No delivery, loading, trash removal or compaction, or other such operations shall be permitted between the hours of 10:00 p.m and 7:00 a.m. unless the applicant submits proof that sound barriers between all areas for such operations effectively reduce noise emissions to a level of 45 decibels, as measured at the lot line of any abutting property.

(vii)    One outdoor vendor shall be allowed for each tenant over 50,000 square feet. The area established for the vendor shall be identified on the site plan.

(viii)    Any special event occurring in any outdoor area, including pedestrian ways and parking lots, shall comply with GJMC 21.02.070, Administrative development permits.

(7)    The following standards shall apply to all building facades and exterior walls that are visible from adjacent public streets and/or parcels. These standards are intended to reduce the massive scale of large buildings, which, without application of these standards, may be incompatible with Grand Junction’s desired character.

(i)    Facades greater than 150 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 150 horizontal feet.

(ii)    Ground floor facades that face public streets shall have display windows, entry areas, awnings, or other such features along no less than 60 percent of their horizontal length. If the facade of the building facing the street is not the front, it shall provide the same features and/or landscaping in scale with the facade.

(8)    Buildings should have visually interesting architectural features and patterns that are designed to reduce mass and scale and reflect local character.

(9)    The following, in regard to trim, graphics or paint should be integral and not superficially applied: color and material change, texture change and relief such as offsets, projections and reveals.

(10)    Variation in roof lines/roof materials, in order to add interest to and reduce the massive scale of large buildings, is required. Roofs shall have no less than two of the following features:

(i)    Parapets concealing flat roofs and rooftop equipment, such as HVAC units, from public view. Parapets shall not exceed one-third of the height of the supporting wall and shall not be of a constant height for a distance of greater than 150 feet;

(ii)    Overhanging eaves, extending no less than three feet past the supporting walls, for no less than 30 percent of the building perimeter;

(iii)    Sloping roofs that do not exceed an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run; and

(iv)    Three or more roof slope planes.

(11)    The following standards are intended to ensure that large structures are consistent with community values.

(i)    Predominant exterior building materials shall be high quality material. These include, without limitation:

(A)    Brick;

(B)    Other native stone;

(C)    Tinted, textured, concrete masonry units;

(D)    Wood; and

(E)    Sandstone.

(ii)    Facade colors shall be nonspecular, neutral or earth tone colors. The Director shall prohibit the use of high intensity, metallic, black or fluorescent color.

(iii)    Building trim and accent areas may feature brighter colors, including primary colors.

(iv)    Predominant exterior building materials shall not include the following:

(A)    Smooth-faced concrete block;

(B)    Smooth-faced tilt-up concrete panels; or

(C)    Prefabricated steel panels.

(12)    Big boxes, where possible, shall provide multiple entrances. Multiple entrances reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks and provide convenience where certain entrances offer access to individual stores or identified departments of a store. Multiple entrances also mitigate the effect of unbroken walls and neglected areas that often characterize building facades that face other properties.

(13)    Entryway design elements and variations should give orientation and aesthetically pleasing character to the building. The following standards identify desirable entryway design features. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following:

(i)    Canopies or porticos;

(ii)    Overhangs;

(iii)    Recesses/projections;

(iv)    Arcades;

(v)    Raised corniced parapets over the door;

(vi)    Peaked roof forms;

(vii)    Arches;

(viii)    Outdoor patios;

(ix)    Display windows;

(x)    Architectural details such as tile work and moldings which are integrated into the building structure and design; and

(xi)    Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

(14)    To the greatest extent possible, mechanical appurtenances shall be located within the structure. External mechanical appurtenances such as heating and air conditioning equipment shall be screened and finished to match the colors and materials of the building.

(15)    All buildings and enclosures shall be designed to be compatible with the primary structure. Compatibility shall be measured in terms of design, form, use of materials, and color.

(16)    All applications for any superstore/big box development/shopping center development shall submit, as part of their site plan review, a complete sign package consistent with the latest edition of the SSID manual.

(m)    Manufactured Home.

(1)    The following regulations apply to the construction or placement of a single-family home, manufactured home or modular home (dwelling) on a lot.

(2)    No mobile home may be used as a dwelling in the City except in an established mobile home park.

(3)    Every dwelling, with the exception of mobile or manufactured homes placed in mobile home parks, shall be placed or erected on a foundation which shall comply with the following minimum specifications and requirements of the National Conference of States on Building Codes and Standards, Inc., A225.1 Manufactured Home Installations 1987 (ANSI A225.1-1987) or as amended. Neither the Director of Public Works, as the Chief Building Official for the City, nor his designee nor any employee, officer or agent of the City, shall be liable for any direct, consequential or other damages to any person or property by the preparation, adoption and enforcement of minimum foundation specifications.

(i)    The foundation for a manufactured home shall comply with the alternatives identified in Table 2-2, Alternative Manufactured Home Foundation Systems (Single or Multisection Homes), in ANSI A225.1-1987 or as amended for concrete slab or continuous foot foundations and the referenced Figures C-5, C-6, C-9, C-10, C-16 and accompanying section details. The alternate piers-ground anchor foundation, concrete or concrete block load bearing perimeter, pile/post or permanent wood foundations shall not be allowed.

(ii)    The requirement for all dwellings to be placed on a permanent foundation shall apply to all dwellings constructed or placed after the effective date of this code.

(iii)    Any nonconforming conventional, manufactured or mobile home use may be continued subject to the provisions of Chapter 21.08 GJMC.

(iv)    The foundation system alternatives identified in ANSI A225.1-1987, approved April 26, 1989, or as amended, for manufactured residential units may be modified to allow the following:

(A)    On permanent wood foundation systems, the footer may be a depth of six inches and a width of 12 inches as opposed to the 10-inch depth and 18-inch depth illustrated in the standard; and

(B)    The anchor system may include any other system approved by the Chief Building Official for the City.

(4)    Where local, State or federal standards conflict with these minimum standards for manufactured home foundations, the most restrictive of any regulation shall apply.

(n)    Multifamily Development.

(1)    To the extent practicable, as determined by the Director, multifamily dwellings shall be developed in small clusters in order to create a sense of place.

(2)    Development with more than 10 units shall dedicate 10 percent of the gross acreage of the property or the equivalent of 10 percent of the value of the property in accordance with GJMC 21.06.020(a).

(3)    The minimum dimension of any courtyard between dwellings from which either dwelling may be entered should be a minimum of the average of the heights of the dwelling adjacent to the yard (a yard is considered between two structures if the angle between the building lines of the structures is less than 90 degrees).

(4)    Storage for things such as tools, bicycles, ski equipment, etc., shall be incorporated into a multifamily development. Storage should be designed as an integral part of the development and be integrated with the architectural character of the dwellings. Storage facilities being incorporated into garages, carports and screening walls using materials and details similar to those of the dwellings is encouraged.

(5)    The following design elements shall be considered and, as appropriate, the Director may require that the developer address any or all of the same for any multifamily development:

(i)    The residential scale and character of a development should be the foremost design concern;

(ii)    In projects of more than five dwellings, the identity of the individual unit should be evident in the street elevation;

(iii)    In conversion of an existing structure, an addition should respect the architectural character, detailing, lines and proportions of the existing structure. Additions should be integrated into the existing structure so that it is difficult to identify and it appears to have been a part of the original design of the structure;

(iv)    Elevations which have different but compatible features for adjacent units should be considered;

(v)    The use of balconies, overhangs, covered patios, and trellis provide relief and contrast to the building and assist in breaking up large wall surfaces;

(vi)    When building elements such as decks, chimneys, etc., are repeated, some alterations to details of those elements such as varying orientation, etc., should be used within the context of the overall design to provide interest and avoid monotonous repetition;

(vii)    Mass of the building should be reduced by varying setbacks and building heights of individual units;

(viii)    Entries and stairwells should be an integral part of the building design. Consideration should be given to partially screening stairwells or using unique architectural treatments so that such features blend in with the overall building elevation;

(ix)    Dwellings and other structures, such as carports, garages and storage units, should be designed in concert with each other by carrying certain details and design elements throughout the project;

(x)    Long rooflines should be varied, providing different heights or varying roof orientations. Parapet walls should be interrupted by setbacks or varying heights to provide variety to the roof line;

(xi)    The architectural detailing and treatment of windows and doorways should be strongly considered through the use of bay windows, recessed windows, raised borders, awnings, shutters or trellis. Use of clerestory windows is encouraged where appropriate;

(xii)    The individuality and privacy of dwellings should be emphasized through the use of identifiable private or semiprivate entries;

(xiii)    Catwalks or long corridors lined with entrances to units is strongly discouraged; patio walls and fences should be an integral part of building design and should match the principal structure’s materials;

(xiv)    Mechanical equipment should be screened from public view and be located so as to be perceived as an integral part of the buildings; and

(xv)    Exterior perimeter walls of a project facing public streets should be compatible with the landscape theme and the main building materials.

(6)    Energy conservation measures in building design such as the use of solar heating and/or use of in-line hot water systems, efficient lighting, insulation, etc., are strongly encouraged. Orientation and the use of appropriate landscape planting should optimize solar access in the winter while offering shade in the summer.

(7)    The relationship between a multifamily project and adjacent uses should take into account the type of adjacent uses, building scale, density and building heights. Particular sensitivity should be used when a multifamily project is proposed adjacent to residential uses of lesser density.

(8)    To minimize the impact of the multifamily development the Director shall have the authority to mitigate impacts through the imposition of one or more of the following conditions:

(i)    Additional landscaping to serve as buffer area;

(ii)    Wider setbacks from property line;

(iii)    Modifying the orientation of buildings;

(iv)    Modifying the orientation of windows and balconies;

(v)    Providing screen walls;

(vi)    Relocation of access ways;

(vii)    Require that active recreation facilities be located to minimize the intrusion of noise into an adjacent residential area or require a method for mitigating noise from the recreation area; and

(viii)    Require that multifamily buildings be oriented to take advantage of pleasant off-site views and/or constructed to minimize or screen poor or obtrusive views. Views from elevated use areas such as balconies should be given careful consideration.

(o)    Religious Assemblies/Churches in Residential Districts.

(1)    This subsection sets minimum standards for new construction and expansion of, or changes to, existing churches/church uses.

(2)    These requirements shall be applied no later than at the time of the site plan review.

(i)    Maximum seating capacity shall be based upon the seating capacity in the largest assembly area of the principal structure.

(ii)    Calculation of maximum seating capacity shall include the rostrum, choir seats, fixed seating and overflow seating area. Seating capacity assumes one person per chair or other type of seat or one person per 18 lineal inches of pew space.

(iii)    Churches with a maximum seating capacity of up to 300 and churches with a maximum seating capacity of 301 to 600 which are located on a parcel or lot abutting a principal or minor arterial or collector street, as identified on the City’s Streets Classification Map, are allowed uses in all residential zones.

(iv)    Churches with a maximum seating capacity of 301 to 600 require public notice if not located on a parcel or lot abutting a principal or minor arterial or collector street, as identified on the City’s Grand Junction Circulation Plan.

(v)    Churches with a maximum seating capacity greater than 600 require a public notice in all residential zones.

(vi)    Notwithstanding subsections (o)(2)(iii) through (v) of this section, churches in planned development districts must comply with the provisions of Chapter 21.05 GJMC, planned developments and any and all requirements of general applicability as specified in this code.

(vii)    Notwithstanding subsections (o)(2)(iii) through (vi) of this section, churches in airport critical zones or clear zones must comply with Chapter 21.07 GJMC, land use regulation for land around airports and any and all requirements of general applicability as specified in this code.

(viii)    Churches in all residential districts shall comply with the following development standards:

(A)    Parking shall not be allowed in the required front yard setback;

(B)    The front yard setback shall be landscaped in accordance with GJMC 21.06.040(d). The front yard setback shall be counted towards the percentage of gross land area to be landscaped in multifamily zones;

(C)    A minimum 15-foot side yard setback, or as required in the zone, whichever is greater, shall be required for the principal structure. A minimum five-foot side yard setback, or as required in the zone, whichever is greater, shall be required for accessory structure on the rear half of the parcel;

(D)    Where parking lots containing fewer than 51 spaces extend into required side and rear yard setbacks abutting a residential use or zone, a minimum five-foot-wide landscaped area shall be provided along the property line or other appropriate location to minimize glare from lights associated with parking areas onto abutting properties;

(E)    At least one tree for each 40 linear feet or fraction thereof;

(F)    At least 40 percent of the landscaped area shall contain shrubs in accordance with the general landscaping requirements;

(G)    Parking lots shall comply with GJMC 21.06.040(c);

(H)    Required side and rear yard setbacks adjacent to a property line abutting a residential use or zone shall be landscaped in accordance with GJMC 21.06.040;

(I)    All trash containers shall be screened by a six-foot-high sight-obscuring fence or wall. Fences must comply with GJMC 21.04.040(i), any design guidelines and other conditions of approval; and

(J)    Churches shall comply with all other applicable requirements of this code and any and all other regulations that may apply.

(p)    Group Living. It is a violation of this code for more than four unrelated persons to reside together in a single residential structure without a conditional use permit, unless permitted by the City as a fraternity/sorority, group living facility, rooming/boarding house or dormitory style living in accordance with the standards and requirements in this section. “Related” means a person’s child, stepchild, a foster child, or other descendant, spouse, aunt, uncle, niece, nephew, parent, grandparent, great grandparent, stepparent or foster parent. (See GJMC 21.10.020, “Group living,” “family” and “household.”) A household of more than four unrelated persons that is not a fraternity/sorority, group living facility or rooming/boarding house as defined herein is not allowed unless a conditional use permit has been approved.

(1)    Fraternities and Sororities.

(i)    Definition. A fraternity or sorority is a place of residence that is operated by a nationally or locally chartered membership organization and is used, occupied and maintained as living and dining quarters for its members who are enrolled in an accredited college or university or other accredited educational institution and which is recognized and subject to controls by such educational institution.

(ii)    A fraternity or sorority is allowed only within the core campus of Colorado Mesa University or within 500 feet of the boundary of the core campus, and only in those zone districts so designated in the use table, GJMC 21.04.010. The core campus is that area situated south of Orchard Avenue, west of North 12th Street, north of North Avenue and east of North 7th Street, and that area north of Orchard Avenue, west of 12th Street, south of Walnut Avenue, and east of College Place, and is depicted to the right. The limitations, standards and requirements of this subsection (p)(1) do not apply to a fraternity or sorority located entirely within the core campus.

(iii)    A fraternity or sorority may exceed the maximum residential density of the applicable zone district so long as the standards described in this subsection (p)(1) are met.

(iv)    Standards for Fraternity/Sorority.

(A)    Parking. Off-street parking shall be provided according to the parking table in GJMC 21.06.050(c).

(B)    Each residential structure shall provide a minimum of 100 square feet per occupant. Regardless of square footage, the number of residential occupants shall not exceed 35.

(C)    No more than four beds in a single room.

(D)    Buffering and Screening. Each property line abutting a right-of-way, open/undeveloped tract or another property that is not used as a fraternity or sorority shall have, at a minimum, a six-foot solid fence and an eight-foot-wide landscaped strip located inside the fence.

(v)    Process.

(A)    Neighborhood Meeting. Prior to establishing a fraternity or sorority, the applicant shall give mailed notice to property owners and homeowners’ associations within 1,000 feet of the proposed fraternity or sorority and shall hold a neighborhood meeting for those owners/associations. In all other respects the neighborhood meeting and notice shall comply with GJMC 21.02.080(e).

(B)    Decision and Appeal. The Director shall approve, approve with conditions, or deny an application for a fraternity or sorority based on the standards and requirements of the code. Within 10 days of the Director’s decision, an individual aggrieved by the Director’s decision may appeal the Director’s approval or denial of an application or a condition imposed by the Director to the Zoning Board of Appeals. Appeals shall be in writing and perfected in accordance with GJMC 21.02.210(c).

(vi)    Annual Registration Required. A fraternity or sorority shall register with the City annually; that is, once every 12 calendar months. No person shall own, operate or manage a fraternity or sorority unless the facility is registered with the City. Annual registration shall include:

(A)    Proof that the fraternity or sorority is recognized and in good standing with an accredited school, university or college;

(B)    Proof that the fraternity or sorority is affiliated and in good standing with a nationally or locally chartered fraternal membership organization;

(C)    Documentation that the fraternity or sorority has complied with the applicable City, State and other building, fire, health and safety codes as well as all applicable requirements of the zone district in which the fraternity or sorority is located;

(D)    Statement that the only administrative activities conducted on the premises are those of the fraternal organization sponsored, conducted or related to the fraternity or sorority;

(E)    Documentation that the fraternity or sorority complies with the applicable parking requirements, as demonstrated by accurate graphic depiction of parking lot(s), and/or copies of parking agreements, leases or licenses;

(F)    Documentation that the maximum number of residents allowed is not exceeded, as demonstrated by the total square feet of the living areas, the number of residents, the number of sleeping rooms and the number of beds; and

(G)    The total number of calls for police or emergency services to the premises within the previous year.

(vii)    A fraternity or sorority that does not meet the standards and registration requirements of this subsection is subject to revocation of land use permit, abatement, prosecution and/or other enforcement as provided in this code.

(viii)    A fraternity or sorority is subject to and shall permit annual inspection by the Building Department, Fire Department and Code Enforcement Division to ensure compliance with applicable standards.

(ix)    Validity. A land use approval or permit for a fraternity or sorority is valid for a period of 12 months, with renewal by the Director upon a review of the facility’s annual registration as described in subsection (p)(1)(vi) of this section and a finding that:

(A)    The fraternity or sorority is recognized and in good standing with an accredited school, university or college;

(B)    The fraternity or sorority is affiliated and in good standing with a nationally or locally chartered fraternal membership organization;

(C)    The fraternity or sorority is in compliance with applicable City, State and other building, fire, health and safety codes as well as all applicable requirements of the zone district in which the fraternity or sorority is located;

(D)    The only administrative activities conducted on the premises are those of the fraternal organization sponsored, conducted or related to the fraternity or sorority;

(E)    The fraternity or sorority complies with the parking requirements of this code;

(F)    The maximum number of residents allowed is not exceeded; and

(G)    The facility has not adversely affected the neighborhood. A facility is considered to have an adverse effect on a neighborhood if one or more of the following are shown:

a.    Public and private services such as street, sewers, water and/or utility systems are burdened by the facility, to the extent that usage exceeds that normally associated with such a use or in the particular neighborhood;

b.    The facility unreasonably interferes with the peace, quiet and dignity of the neighborhood;

c.    The facility creates, imposes, aggravates or leads to inadequate, impractical, unsafe or unhealthy conditions; or

d.    The facility is found to be dangerous or unsafe due to an increased number of police or emergency visits, or to a single criminal act by a resident involving serious bodily injury or extensive property damage, or to an increased number of incidences of criminal acts by residents of the facility involving bodily injury or property damage.

(x)    Within 10 days of the Director’s renewal, nonrenewal or condition of renewal, an individual aggrieved by the Director’s decision may appeal the Director’s decision to the Zoning Board of Appeals. Appeals shall be in writing and perfected in accordance with GJMC 21.02.210(c).

(2)    Group Living Facility.

(i)    Definitions.

(A)    A group living facility is a residential housekeeping unit for five or more unrelated persons receiving public or private supervision, care, support or treatment on site. A community corrections facility is not a group living facility and thus is not allowed in a residential zone. A facility providing temporary lodging for less than 30 days for any one person is not a group living facility, but is considered either lodging (see retail sales and service categories) or a shelter (see community service categories) and treated as such.

(B)    An unlimited group living facility is a group living facility with 17 or more residents.

(C)    A large group living facility is a group living facility with 10 to 16 residents.

(D)    A small group living facility is a group living facility with five to nine residents.

(ii)    Standards.

(A)    Spacing Requirement. A group living facility in the R-R, R-1, R-2, R-4, R-5 or R‑8 zone shall be at least 750 feet from every other group living facility in any such zone district. There is no spacing requirement where either one of the two group living facilities being measured against one another is in a zone district not listed in this subsection. The separation distance shall be measured in the following manner:

Computed by direct measurement from the nearest property line of the land used for a group living facility to the nearest property line of an existing group living facility, using the most direct route of public pedestrian access, measured as a person would walk along public right-of-way, with right angles at crossings and with the observance of traffic regulations and traffic signals (see Figure 1); except that a group living facility shall not be located adjacent to another even if by such route the distance is greater than 750 feet.

(B)    The group living facility must comply with the applicable City, State and other building, fire, health and safety codes as well as all applicable requirements and development standards applicable to the zone district in which the group living facility is to be located except as modified in this subsection.

(C)    For a group living facility in a residential zone, the architectural design of the group living facility must be residential in character, and the performance standards of the R-O zone district must be met (see GJMC 21.03.070(a)), except that if the zone district is R-12, R-16 or R-24, the R-O zone district standards shall not apply.

(D)    Density and Minimum Lot Area. Group living facilities are allowed in residential zones as specified in the zone/use table in GJMC 21.04.010, and must not exceed maximum density for the zone district, with density of the facility calculated as four beds equal one dwelling unit. The site must contain at least 500 square feet per resident, except where a multifamily structure is being converted to a group living facility, in which case the minimum adequate lot area shall be in accordance with the requirements of the zone district.

(E)    Accessory Uses. Accessory uses authorized with a group living facility are on-site recreational facilities, parking of vehicles for visitors, occupants and staff, and staff housing. The Director may approve other accessory uses that will have substantially similar impacts. Only the administrative activities of the person or organization operating the facility shall be conducted at the facility. No office or other space in the facility or on the site may be leased or used for activities unrelated to the group living facility.

(F)    Parking. The group living facility must meet the requirements established for group living in GJMC 21.06.050(c).

(G)    A group living facility located in a commercial or mixed use zone district shall meet the performance standards of the applicable zone district.

(H)    A group living facility in a residential zone may provide services to nonresidents, but only up to the total number of residents permitted in the facility. For example, if there are nine residents at a group living facility that is allowed to have 16 residents, no more than seven nonresidents may use the services the facility provides at any one given time. This restriction does not apply in nonresidential zones.

(iii)    Validity. A land use permit/approval for a group living facility is valid for a period of 12 months, subject to renewal by the Director upon review of the facility’s annual registration as described in subsection (p)(2)(vi) of this section. The permit/approval is specific to a maximum number of residents and specifically permitted accessory use(s); if the applicant wants to increase these, a new permit is required.

(iv)    Process.

(A)    Neighborhood Meeting. Prior to establishing a new group living facility (whether a new structure or conversion of existing building(s)) the applicant shall give mailed notice to and hold a neighborhood meeting with property owners within 1,000 feet of the group living facility.

a.    At the meeting, the applicant shall describe the proposed land use, including buildings, site, accessory uses and structures, residents served, and on-site services.

b.    The neighborhood meeting shall be held at a location convenient to the neighborhood.

c.    If a neighborhood meeting is required because of some other aspect of the development application, then only one neighborhood meeting is necessary, which shall be conducted in accordance with the more restrictive standards.

(B)    Special Review. An application for a group living facility for adult or juvenile offenders, defined as persons who have committed a crime or are accused of having committed a crime and are housed at the facility for that reason, shall be reviewed as follows:

a.    The Mesa County Juvenile Community Corrections Board shall conduct the review if the facility houses juvenile offenders or the Adult Community Corrections Board if the facility houses adult offenders. If the facility houses a combination of adult and juvenile offenders, the facility shall be reviewed by the Juvenile Board if there are a greater number of juveniles residing in the facility or, if there are a greater number of adults than juveniles residing in the facility, by the Adult Board.

b.    The review shall include but not necessarily be limited to criteria established by the Board and adopted by the City. Criteria shall be established and maintained by the Board and shall be based upon researched factors that have been demonstrated to be correlative to risk to the community, community expectations, prudent land use practices and legal standards. Before any criteria being used by the Board, the City shall review and adopt such criteria.

c.    It is the responsibility of the group living facility that is being reviewed to provide the Board with complete and accurate information regarding the types of offenders, the number of offenders, the average length of placements and responses to the other Board-established criteria.

d.    The Board shall make a recommendation to the Director to approve, deny or approve with conditions the land use application for the facility. The Board shall take into consideration the interests of the community in light of the criteria established by the Board and approved by the City.

(C)    Decision and Appeal.

a.    The Director shall approve, approve with conditions, or deny an application for a group living facility, except as provided in subsection (p)(2)(iv)(C)(b) of this section, based on the standards and requirements of the code. Within 10 days of the Director’s decision, a person aggrieved by the Director’s decision may appeal the Director’s approval or denial of an application or a condition imposed by the Director to the Zoning Board of Appeals. Appeals shall be in writing and perfected in accordance with GJMC 21.02.210(c).

b.    The Director shall not render a decision on an application, notwithstanding a recommendation from the Juvenile and/or Adult Corrections Board(s), for a group living facility that houses one or more sex offenders, as defined by State law. The Planning Commission shall determine any such application. In addition to the other criteria provided herein, the Planning Commission shall consider whether the proposed owner/operator has established by clear and convincing evidence that the facility will not adversely impact the neighborhood and/or its residents. An appeal from a Planning Commission decision made under this subsection shall be in accordance with Rule 106 of the Colorado Rules of Civil Procedure.

(v)    Registration Required. A group living facility shall register with the City annually; that is, once every 12 calendar months. No person shall own, operate or manage any group living facility unless the facility is registered with the City. A group living facility for adult or juvenile offenders shall also submit all registration documentation to the Juvenile and/or Adult Corrections Board for review in accordance with subsection (p)(2)(iv)(B) of this section. A group living facility that fails to register or does not meet the registration requirements may be denied renewal, abated, prosecuted and/or otherwise subject to enforcement action under this code. Annual registration shall include:

(A)    Proof that the group living facility has a valid Colorado license, if any is required by State law, and documentation showing that the facility complies with the requirements of the State license. In the event there is a conflict between a City and a State requirement for the facility, the more stringent rule shall apply;

(B)    Documentation showing that the group living facility has complied with the applicable City, State and other building, fire, health and safety codes as well as all applicable requirements of the zone district in which the group living facility is located;

(C)    Documentation showing that the group living facility complies with the parking requirements of this code;

(D)    Documentation showing that the maximum number of residents allowed is not exceeded;

(E)    For a group living facility housing adult or juvenile offenders, all documentation necessary for review by the Juvenile and/or Adult Corrections Board(s) in accordance with subsection (p)(2)(iv)(B) of this section;

(F)    Documentation showing that any and all conditions of the initial land use permit/approval are met;

(G)    Description of the administrative or other activities that occur at the facility, including number of staff and general duties of each staff member;

(H)    Description and documentation of any changes to the site or structure(s) made since the prior registration.

(vi)    Renewal. The Director may renew the land use approval for a group living facility upon an annual registration of the facility if the Director finds that the registration requirements have been met and that the facility has not adversely affected the neighborhood. A facility is considered to have an adverse effect on a neighborhood if one or more of the following are shown:

(A)    Public and private services such as street, sewers, water and/or utility systems are burdened by the group living facility, to the extent that usage exceeds that normally associated with such a use or in the particular neighborhood;

(B)    The group living facility unreasonably interferes with the peace, quiet and dignity of the neighborhood;

(C)    The group living facility creates, imposes, aggravates or leads to inadequate, impractical, unsafe or unhealthy conditions; or

(D)    The group living facility is found to be dangerous or unsafe due to an increased number of police or emergency visits, or to a single criminal act by a resident involving serious bodily injury or extensive property damage, or to an increased number of incidences of criminal acts by residents of the facility involving bodily injury or property damage.

(E)    When considering whether an adverse impact exists, the Director shall consider the following:

a.    Whether the impact is real or perceived based upon stereotypes of the population served by the group living facility;

b.    The existence of alarms and/or fences in and of itself shall not constitute a safety issue which would be an adverse impact; or

c.    Whether complaints and/or police calls regarding the group living facility have been founded or unfounded.

In determining whether an adverse impact exists, the Director may rely on comments received by the residents of the neighborhood or other interested persons in making the decision whether to renew, renew with conditions, or non-renew the permit upon annual registration. The Director shall not be required to research the comment or otherwise investigate the motive of the commenting parties unless the Director relies on that information when making the decision.

(F)    The Director may modify the land use permit/approval upon renewal (or renew with conditions) by limiting the number of residents and/or by limiting accessory uses if the Director finds that the neighborhood is adversely impacted by the number of residents or intensity or number of accessory uses occurring on the site.

(G)    The Director shall issue a decision within 30 days of receiving a complete registration application from the facility; if a registration application is incomplete, the Director shall notify the registrant of the deficiencies and the time period to cure. If the Director does not issue a decision within 30 days of receiving a complete registration application, the registration shall be deemed renewed for the next year.

(H)    Within 10 days of the Director’s decision, an individual aggrieved by the decision may appeal the renewal, non-renewal or condition of renewal to the Zoning Board of Appeals. Appeals shall be in writing and perfected in accordance with GJMC 21.02.210(c).

(3)    Rooming/Boarding House.

(i)    Definition. A rooming/boarding house is a single dwelling unit where a live-in or on-site owner provides lodging to others in three or more rooms, with or without meals, for compensation. “Compensation” may include money, services or other things of value. A boarding and rooming house differs from a rental house in that the owner lives on site and rents out sleeping rooms and may provide common access to other areas of the house. A rooming/boarding house differs from a group living facility in that the residents do not receive care, treatment or assistance with daily living at the facility.

(ii)    Standards.

(A)    The rooming/boarding house must comply with the applicable City, State and other building, fire, health and safety codes as well as all applicable requirements and development standards applicable to the zone district in which the boarding and rooming house is to be located, except as modified in this subsection.

(B)    Density. A rooming/boarding house is allowed as shown in the use table in GJMC 21.04.010. In a residential zone the rooming/boarding house must not exceed maximum density for the zone, with density calculated as two rented rooms equal one dwelling unit.

(C)    The rooming/boarding house site shall contain at least 500 square feet for each resident or room/suite, whichever is greater.

(D)    The rooming/boarding house must meet the parking standards established in GJMC 21.06.050(c).

(iii)    Neighborhood Meeting and Notice. Prior to establishing a new rooming/boarding house (including conversion of an existing building or buildings), the applicant shall give mailed notice to and hold a meeting inviting owners of property within 1,000 feet of the proposed facility.

(A)    At the meeting, the applicant shall describe the facility and its proposed uses.

(B)    The neighborhood meeting shall be held at a location convenient to the neighborhood.

(C)    If a neighborhood meeting is required because of a development application then only one neighborhood meeting, conducted in accordance with the more restrictive or higher standards, shall be necessary.

(4)    Other Group Living. Other types of group living, such as but not limited to dormitory style living, may be permitted as provided in the zone/use table (GJMC 21.04.010). Allowed density shall be as applicable to the zone district, with density calculated at two beds equals one dwelling unit. Off-street parking shall be provided in accordance with the parking table in GJMC 21.06.050(c).

(q)    Telecommunications Facilities. This subsection (q) establishes standards and requirements for the locating of telecommunications facilities.

(1)    Definitions.

Alternative Structure. A structure that is not primarily constructed for the purpose of holding antennas but on which one or more antennas may be mounted, such as buildings, water tanks, pole signs, billboards, church steeples, and electric power transmission towers.

Amateur Radio Tower. A tower used for noncommercial amateur radio transmissions consistent with the “Complete FCC U.S. Amateur Part 97 Rules and Regulations” for amateur radio towers.

Ancillary Structure. For the purposes of this section, any form of development associated with a telecommunications facility, including foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports, but excluding equipment cabinets.

Antenna. Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including telephonic, radio or television communications. Types of elements include omni-directional (whip) antennas, sectionalized (panel) antennas, multi or single bay (FM and TV), yagi, or parabolic (dish) antennas.

Antenna Array. A single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

Antenna Element. Any antenna or antenna array.

ASR. The antenna structure registration number as required by the FAA and FCC.

Base Station. Equipment and nontower supporting structure at a fixed location that enable wireless telecommunications between user equipment and a communications network. Examples include transmission equipment mounted on a rooftop, water tank, silo or other above ground structure other than a tower. The term does not encompass a tower as defined herein or any equipment associated with a tower. “Base station” includes, but is not limited to:

(i)    Equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul;

(ii)    Radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cell networks);

(iii)    Any structure other than a tower that, at the time the application is filed under this section, supports or houses equipment described in this definition that has been reviewed and approved under the applicable zoning or siting process, or under another City regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

“Base station” does not include any structure that, at the time the application is filed under this section, does not support or house wireless communication equipment.

Breakpoint Technology. The engineering design of a monopole, or any applicable support structure, wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

Broadband Facility. Any infrastructure used to deliver broadband services or for the provision of broadband service.

Broadband Service. Any technology identified by the U.S. Secretary of Agriculture as having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality Internet access, voice, data, graphics, and video. Broadband service includes, but is not limited to:

(i)    Cable Service. The one-way transmission to subscribers of video programming or other programming services and subscriber interaction required for the selection or use of such video programming or other programming service.

(ii)    Telecommunications Service. The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(iii)    Wireless Service. Data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless service and common carrier wireless exchange access services, as all of these terms are defined by federal law and regulations.

Co-Location. The mounting or installation of transmission equipment on an eligible support structure for the purposes of transmitting and/or receiving radio frequency signals for communications purposes so that installation of a new support structure will not be required.

Combined Antenna. An antenna or an antenna array designed and utilized to provide services for more than one wireless provider, or a single wireless provider utilizing more than one frequency band or spectrum, for the same or similar type of services.

Concealed. A tower, ancillary structure, or equipment compound that is not readily identifiable as a telecommunications facility and that is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site or in the neighborhood or area.

There are two types of concealed facilities: (i) antenna attachments, including painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure and (ii) a freestanding concealed tower which looks like something else that is common in the geographic region such as a church steeple, windmill, bell tower, clock tower, light standard, flagpole with a flag that is proportional in size to the height and girth of the tower, or tree that grows naturally or is commonly found in the area.

COW – “Cellular on Wheels.” A temporary PWSF placed on property to provide short term, high volume telecommunications services to a specific location and which can be easily removed from the property.

DAS – Distributed Antenna System. A system consisting of: (i) a number of remote communications nodes deployed throughout the desired coverage area, each including at least one antenna for transmission and reception; (ii) a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and (iii) radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas.

DAS Hub. Ancillary equipment usually contained in a shelter or other enclosure which does not have any wireless transmission or receive equipment contained therein but is utilized in the deployment and operation of wireless DAS receive/transmit infrastructure that is located elsewhere.

Development Area. The area occupied by a telecommunications facility including areas inside or under an antenna-support structure’s framework, equipment cabinets, ancillary structures, and/or access ways.

Dual Purpose Facility. A new banner pole, light stanchion, support tower for overhead electric lines, or other similar utility structure onto which one or more antenna(s) are or can be mounted or attached, and which is built for the primary purpose of providing PWSF.

Eligible Facilities Request. Any request for modification of an existing tower or base station involving co-location of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment that does not substantially change the physical dimensions of such tower or base station.

Eligible Facility. Existing wireless tower or base station that has been approved through a local government land use review process prescribed for the tower or base station.

Eligible Support Structure. Any tower or base station existing at the time the application is filed with the City.

Equipment Cabinet. Any structure used exclusively to contain equipment necessary for the transmission or reception of communication signals.

Equipment Compound. The fenced-in area surrounding, inside or under a ground-based wireless communication facility containing ancillary structures and equipment (such as cabinets, shelters, and pedestals) necessary to operate an antenna that is above the base flood elevation.

Equipment Shelter. A self-contained building housing ancillary electronic equipment typically including a generator.

Existing. A constructed tower or base station is “existing” for purposes of this section if it has been reviewed and approved under an applicable City land use review process. “Existing” also includes a tower that was lawfully constructed but not reviewed because it was not in a zoned area when it was built.

Feed Lines. Cables or fiber optic lines used as the interconnecting media between the base station and the antenna.

Flush-Mounted. Antenna or antenna array attached to the face of a support structure or building such that no portion of the antenna(s) extend(s) above the height of the support structure or building. The maximum flush-mounting distance, if prescribed, shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

Geographic Search Ring. An area designated by a wireless provider or operator for a new base station and/or tower produced in accordance with generally accepted principles of wireless engineering.

Handoff Candidate. A wireless communication facility that receives call transference from another wireless facility, usually located in an adjacent first “tier” surrounding the initial wireless facility.

Least Visually Obtrusive Profile. The design of a telecommunications facility presenting the minimum visual profile necessary for proper function.

Nonconcealed. A telecommunications facility that is readily identifiable as such (whether freestanding or attached).

OTARD. Over the air reception devices which are limited to either a “dish” antenna one meter (39.37 inches) or less in diameter designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, or an antenna that is one meter or less in diameter and is designed to receive video programming services via broadband radio service (wireless cable), or to receive or transmit fixed wireless signals other than via satellite or an antenna that is designed to receive local television broadcast signals.

Personal Wireless Service Facility (“PWSF”). Any staffed or unstaffed location for the transmission and/or reception of radio frequency signals or other personal wireless communications, including commercial mobile services, unlicensed wireless services, wireless broadband services, and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996, and usually consisting of an antenna or group of antennas, transmission cables, feed lines, equipment cabinets or shelters, and may include a tower. Facilities may include new or existing towers, replacement towers, co-location on existing towers, base station attached concealed and nonconcealed antenna, dual purpose facilities, concealed towers, and nonconcealed towers (monopoles, lattice and guyed), so long as those facilities are used in the provision of personal wireless services as that term is defined in the Telecommunications Act.

Qualified Co-Location Request. Co-location of PWSF on a tower or base station that creates a substantial change in the facility but is entitled to processing within 90 days under 47 U.S.C. §332(c)(7).

Radio Frequency Emissions. Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment.

Radio Frequency Propagation Analysis. Computer modeling to show the level of signal saturation in a given geographical area.

Replacement. A modification of an existing tower to increase the height, or to improve its integrity, by replacing or removing one or several tower(s) located in proximity to a proposed new tower in order to encourage compliance with this section, or improve aesthetics or functionality of the overall wireless network.

Satellite Earth Station. A single or group of parabolic or dish antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration, including the associated separate equipment cabinets necessary for the transmission or reception of wireless communications signals with satellites.

Site. For towers other than towers in the public rights-of-way, the boundaries of the leased or owned property on which the facilities are or are proposed to be situated.

Small Cell Facility. A wireless service facility that meets both of the following qualifications:

(i)    Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than three cubic feet; and

(ii)    Primary equipment enclosures are no larger than 17 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, backup power systems, grounding equipment, power transfer switch, and cutoff switch.

Small Cell Network. A collection of interrelated small cell facilities designed to deliver wireless service.

Stanchion. A vertical support structure generally utilized to support exterior lighting elements.

Streamlined Processing. Expedited review process for co-locations required by the federal government (Congress and/or the FCC) for PWSF.

Substantial Change. A modification or co-location constitutes a “substantial change” of an eligible support structure if it meets any of the following criteria:

(i)    A PWSF co-location or modification of an existing antenna-supporting structure not in a public right-of-way increases the overall height of the antenna-supporting structure, antenna and/or antenna array more than 10 percent or 20 feet, whichever is greater. A PWSF co-location on an existing antenna-supporting structure within a public right-of-way increases the overall height of the antenna-supporting structure, antenna and/or antenna array more than 10 percent or 10 feet, whichever is greater.

(ii)    A PWSF co-location for towers not in a public right-of-way protrudes from the antenna-supporting structure more than 20 feet or the width of the structure at the elevation of the co-location, and for towers within a public right-of-way, protrudes from the antenna-supporting structure more than six feet.

(iii)    A PWSF co-location on an existing antenna-supporting structure fails to meet current building code requirements (including windloading).

(iv)    A PWSF co-location adds more than four additional equipment cabinets or one additional equipment shelter.

(v)    A PWSF co-location requires excavation outside of existing leased or owned parcel or existing easements.

(vi)    A PWSF co-location defeats any existing concealment elements of the antenna-supporting structure.

(vii)    A PWSF co-location fails to comply with all conditions associated with the prior approval of the antenna-supporting structure except for modification of parameters as permitted in this section.

Support Structure. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

Telecommunications Facility(ies). At a specific physical location, one or more antenna, tower, base station, mechanical and/or electronic equipment, conduit, cable, and associated structures, enclosures, assemblages, devices and supporting elements that generate or transmit nonionizing electromagnetic radiation or light operating to produce a signal used for communication, including but not limited to all types of communication facilities defined further herein.

Temporary PWSF. A temporary tower or other structure that provides interim short-term telecommunications needed to meet an immediate demand for service in the event of an emergency or a public event where a permanent wireless network is unavailable or insufficient to satisfy the temporary increase in demand or when permanent PWSF equipment is temporarily unavailable or off line.

Transmission Equipment. Equipment that facilitates transmission of communication service (whether commercial, private, broadcast, microwave, public, public safety, licensed or unlicensed, fixed or wireless), such as radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.

Tower. Any support structure built for the primary purpose of supporting any antennas and associated facilities for commercial, private, broadcast, microwave, public, public safety, licensed or unlicensed, and/or fixed or wireless services. A tower may be concealed or nonconcealed. Nonconcealed towers include:

(i)    Guyed. A style of tower consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building.

(ii)    Lattice. A self-supporting tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross bracing, and metal crossed strips or bars to support antennas.

(iii)    Monopole. A style of freestanding tower consisting of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building’s roof. All feed lines shall be installed within the shaft of the structure.

Tower Base. The foundation, usually concrete, on which the tower and other support equipment are situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a perpendicular from the geometric center of the tower.

Tower Height. The vertical distance measured from the grade line to the highest point of the tower, including any antenna, lighting or other equipment affixed thereto.

Tower Site. The land area that contains, or will contain, a proposed tower, equipment compound, support structures and other related buildings and improvements.

Wireless Service Facility. A telecommunications facility for the provision of wireless services.

(2)    Permit Required – Exemptions – Permit Types – General Requirements – Decision-Making – Fees.

(i)    No telecommunications facility shall be installed, constructed, altered, added to, or permitted unless the Director has first approved a site plan review for the property and the facilities and a permit has been issued. Telecommunications facilities and infrastructure shall be constructed and maintained in conformance with all applicable building code requirements as well as with the terms of the permit issued under this section.

(ii)    No telecommunications facility shall be altered, added to, installed or permitted unless the applicant has shown compliance with all the requirements of this section. The requirements of this section apply to all telecommunications facilities, whether concealed or not, whether aboveground or underground, including but not limited to existing towers, proposed towers, public towers, replacement of towers, ancillary structures and equipment, co-location on existing towers, base stations, temporary telecommunications facilities, PWSF facilities, DAS facilities, small cell sites and/or networks, and broadcast towers, except that the following are exempt and no permit is required:

(A)    An amateur radio tower that is used exclusively for noncommercial purposes;

(B)    A government-owned telecommunications facility erected for a state of emergency officially declared by a federal, State or local government and where the City Manager or designee has made a written determination of public necessity for the facility, and only during the duration of the state of emergency;

(C)    A government-owned public safety facility;

(D)    Over-the-air reception devices (OTARD), including satellite earth stations, so long as the device does not require construction of a tower or other structure exceeding 12 feet above the home or building and the device is no more than one meter in diameter in a residential zone or two meters in any other zone district.

(iii)    General Requirements Applicable to All Telecommunications Facilities.

(A)    Signage. Commercial messages shall not be displayed on any tower, support structure or ancillary structure, unless the tower is concealed and the means of concealment is or includes an existing sign or unless a sign is serving as a dual purpose facility or a base station. Required noncommercial signage shall be subject to the following:

a.    The only signage that is permitted upon a concealed tower, equipment cabinet, shelter or fence shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable.

b.    If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters, minimum height of each letter four inches, the following: “HIGH VOLTAGE – DANGER.”

c.    Name plate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.

(B)    Lighting. Lighting on PWSF towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:

a.    Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required with strobe during daytime and red flashing lights at night unless prohibited by the FAA.

b.    Lights shall be filtered or oriented so as not to project directly onto surrounding property or rights-of-way, consistent with FAA requirements.

(iv)    Telecommunications facilities shall be located in accordance with the use table in GJMC 21.04.010. One or more of several types of permits may be required for a given facility or group of facilities.

(A)    Administrative Permit. For those types of facilities that are allowed in the given zone district, and for qualified co-locations, an administrative permit (a permit issued by the Director) is required. The permit shall be processed and decided in accordance with GJMC 21.02.070 and this subsection (q).

(B)    Conditional Use Permit (CUP). For those types of facilities that require a conditional use permit (see GJMC 21.04.010, Use table), the Director shall review the application and make a recommendation to the Planning Commission who shall hold a hearing on the application and who may approve, approve with conditions, or deny the application in accordance with GJMC 21.02.110 and with this subsection (q).

(C)    Right-of-Way Work/Use Permit. Facilities/structures located in the public right-of-way shall be placed so as not to interfere with vehicular or pedestrian use of the rights-of-way or with traffic safety. Any/all work in the public right-of-way requires a separate permit pursuant to the City’s right-of-way management ordinance. The provider shall comply with all the provisions and terms of the right-of-way management ordinance and right-of-way work permit. As-built construction drawings shall be provided to the City for all structures, equipment, cable, pipes and conduit located within the public right-of-way or within a public or City-owned utility or multipurpose easement, which must include, for fiber optic cable, the number of strands of fiber in the conduit.

(D)    Consolidated Application/Permit. For the following facility types, the applicant shall be allowed, at the applicant’s discretion, to file a single, consolidated application for multiple facilities and receive a single review/permit/decision instead of filing separate applications for each facility (however, right-of-way work permit(s) may also be required):

a.    For small cell networks involving multiple individual small cell facilities within the City;

b.    For an applicant desiring to co-locate on several wireless service facilities within the City.

(E)    Shadow Conduit. For all telecommunications facility development/installation that involves trenching or excavation in the public right-of-way or in a public or City-owned utility or multipurpose easement, the applicant shall notify the City 30 days prior to commencing such excavation and provide the City the opportunity to install conduit in the same trench/excavation area. The City will pay for the incremental costs of the shadow conduit only.

(v)    Siting of Telecommunications Facilities.

(A)    Compliance with Siting Preferences. For every application for siting of new telecommunications facilities on or above ground level (except temporary PWSF and co-locations), the applicant must submit an affidavit by a radio frequency engineer demonstrating compliance with the siting preferences of subsection (q)(5) of this section. Where a lower ranking alternative is proposed, the affidavit must address why each of the higher ranked options are not technically feasible, practical, and/or justified.

(B)    Where the application is for siting of PWSF, whether for a new facility, modification of existing facility, replacement facility or co-location, and whether the permit is administrative or a CUP, the following additional decision-making requirements apply:

a.    If the application is denied, the decision maker shall issue the decision in writing, including the basis for the denial, which must be supported by substantial evidence contained in a written record. The written basis for the decision must be issued contemporaneously with the decision.

b.    The application cannot be denied, nor can conditions be applied or required, based upon considerations of radio frequency (RF) emissions safety, other than to require the applicant to demonstrate that all applicable FCC rules are satisfied.

(vi)    Streamlined Processing for Co-Location of PWSF.

(A)    If the applicant believes its co-location application is an eligible facilities request or a qualified co-location request, the applicant must submit:

a.    A complete co-location application specifically requesting streamlined processing and stating the applicable permitting time frame (e.g., 60 days for eligible facilities request or 90 days for qualified co-location request);

b.    Documentation evidencing that any structure proposed to be replaced or modified has previously been subject to zoning/development approval by the City;

c.    Documentation evidencing the replacement/modification does not create a substantial change in the underlying support structure or tower, or a statement that it does create a substantial change;

d.    Documentation that the proposed modifications will be used to provide personal wireless services.

(B)    The Director shall review and decide applications for co-location of PWSF.

(C)    The Director will notify the applicant within 30 days of submission (or within some other mutually agreed upon time frame) if the submission is incomplete, identifying the specific deficiencies in the application which, if cured, would make the application complete.

(D)    Upon notice of deficiency, the timeline for a decision shall be tolled until the applicant resubmits to correct such deficiency. The City shall, within 10 days of resubmission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional resubmission deficiency period until the second resubmission. Upon resubmitting of the revised application the City shall follow the process identified in this section, above, until all deficiencies identified are deemed cured.

(E)    If the Director fails to provide such notification, the application will be deemed complete.

(F)    The Director’s decision shall be in writing and shall be postmarked to the applicant within 60 days after the initial submission, excluding any tolling period, for an eligible facilities request, or, for a qualified co-location, within 90 days after the initial submission, excluding any tolling period, or within some other mutually agreed upon time frame.

(G)    If the City does not respond in writing to an eligible facilities request within the specified time frame, the application shall be deemed approved. If the City does not respond in writing to a request for a qualified co-location within the specified time frame, the applicant may pursue its remedies established by federal or State law.

(vii)    Timing for Review of New PWSF Tower Applications. A new PWSF tower, whether concealed or nonconcealed, shall be reviewed and a decision rendered within 150 days of receipt of the application, subject to any applicable tolling for application deficiencies and resubmissions as described in subsection (q)(2)(v) of this section, so long as the applicant demonstrates that the facilities will be used, immediately upon completion of construction, to provide personal wireless services, or within such other mutually agreed upon time. (“Spec” towers are not entitled to review and decision within 150 days, or to any of the other protections of the Telecommunications Act.) Construction permits issued for new PWSF towers shall be valid for a term of 18 months and shall lapse and be void if construction of the contemplated PWSF structure is not completed within that time.

(viii)    Application and Fees.

(A)    Application materials required for telecommunications facilities shall be in accordance with this section and with the specific application requirements in the City’s Submittal Standards for Improvements and Development (SSID) Manual. The application form and requirements are specific to the type of telecommunications facility.

(B)    The City Council shall establish fees to cover or offset the processing cost of all permits under this section which will be included in the development fee schedule. Every application for a telecommunications facility shall be accompanied by the full payment of the fee established for the type of facility requested. Payment of fees is required in order for an application to be considered complete. The fee shall not be, in whole or in part, deferred or waived.

(C)    The City reserves the right to require, in its sole discretion, a supplemental review by experts for any application for a telecommunications facility where the complexity of the analysis requires technical expertise, and/or for any request to vary a standard under subsection (q)(14) of this section, and all the costs of such review shall be borne by the applicant, in addition to scheduled fees.

(D)    Based on the results of the supplemental review, City staff responsible for the initial application review may require changes to or supplementation of the applicant’s submittal(s).

(E)    The supplemental review may address any or all of the following:

a.    The accuracy and completeness of the application and any accompanying documentation.

b.    The applicability of analysis techniques and methodologies.

c.    The validity of conclusions reached.

d.    Whether the proposed telecommunications facility complies with the applicable approval criteria and standards of the Zoning and Development Code and other applicable law.

(3)    Abandonment/Discontinued Use.

(i)    All telecommunications facility structures, equipment, fencing and devices shall be removed from the property and the site returned to its natural state and topography and vegetated consistent with the natural surroundings or current surrounding land uses at the property owner’s and/or service provider’s expense within 180 days of cessation of use, or within 90 days of cessation of use if the abandonment is associated with a replacement.

(ii)    The City may extend the time for removal and site restoration up to 60 additional days if the owner or service provider so requests and shows good and unique cause for the extension.

(iii)    If removal and/or site restoration is not accomplished within the prescribed time, the City may initiate removal and restoration within 30 days following written notice to the property owner, and the property owner and service provider shall be jointly and severally responsible for all costs associated with the removal and restoration.

(iv)    Conduit and/or fiber optic cable, whether below or above ground, that is or has been abandoned or the use of which is discontinued for one year shall become the property of the City of Grand Junction. Easements for the maintenance of such conduit/cable shall also become the property of the City of Grand Junction, which shall have all the benefit and interest of the original easement holder with respect to installation, maintenance and repair of conduit/cable.

(4)    No Interference with Public Safety Communications.

(i)    Applicant shall, regardless of the type of facility, comply with “Good Engineering Practices” as defined by FCC regulations and shall provide a composite analysis of all users of the site to determine that the proposed facilities will not cause radio frequency interference with any governmental public safety communications and shall implement appropriate technical measures to prevent such interference.

(ii)    When the City notifies a wireless service provider that it believes the provider’s antenna(s) or array(s) are creating such interference, the provider shall investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety “Enhanced Best Practices Guide,” released by the FCC in Appendix D of FCC 04-168 (released August 6, 2004), including the “Good Engineering Practices,” as may be amended or revised by the FCC from time to time in any successor regulations.

(iii)    If the provider fails to comply with this subsection (q)(4), including but not limited to by initiating an appropriate response within 24 hours of the City’s notification, the provider and the property owner shall be jointly and severally responsible for reimbursing the City for all costs associated with ascertaining and resolving the interference.

(5)    Siting Preferences for New Telecommunications Facilities. Siting of new PWSF of any type shall be in accordance with the siting preferences below and with the use table in GJMC 21.04.010. Where a lower ranked alternative is proposed, the applicant must demonstrate through relevant information including, but not limited to, an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed facilities, by clear and convincing evidence. The applicant must provide such evidence in its application in order for the application to be considered complete.

The siting preferences are, in order:

(i)    Co-located or combined PWSF.

(ii)    Concealed antenna(s) on a base station.

(iii)    Nonconcealed antenna(s) on a base station.

(A)    On a wireless master plan priority site.

(B)    On City-owned property in any nonresidential zoning district.

(C)    On other public property in any nonresidential zoning district.

(D)    On nonpublic property in the following zoning districts, ranked highest to lowest:

a.    I-2, I-1 or I-O.

b.    C-2.

c.    B-P or C-1.

d.    CSR.

e.    Other zone districts in accordance with the use table in GJMC 21.04.010.

(iv)    Replacement of existing telecommunications facility in any zoning district.

(v)    Dual purpose facility.

(vi)    Concealed small cell site.

(vii)    Nonconcealed small cell site.

(viii)    Distributed Antenna System.

(A)    Attached.

a.    Concealed on City-owned property, right-of-way or public easement.

b.    Concealed on other public property.

c.    Concealed on nonpublic property.

d.    Nonconcealed on City-owned property, right-of-way or public easement.

e.    Nonconcealed on other public property.

f.    Nonconcealed on nonpublic property.

(B)    New Freestanding DAS Facility.

a.    Concealed on City-owned property, right-of-way or public easement.

b.    Concealed on other public property.

c.    Concealed on nonpublic property.

d.    Nonconcealed on City-owned property, right-of-way or public easement.

e.    Nonconcealed on other public property.

f.    Nonconcealed on nonpublic property.

(ix)    Concealed Freestanding Towers.

(A)    On a wireless master plan priority site.

(B)    On City-owned property in any nonresidential zoning district.

(C)    On other public property in any nonresidential zoning district.

(D)    On nonpublic property in the following districts, ranked highest to lowest:

a.    I-2 or I-1.

b.    C-2.

c.    C-1.

d.    Other zone districts, in accordance with the use table in GJMC 21.04.010.

(E)    Preferred Concealment Type (Wherever Located). Concealment types listed below are general preferences, in no particular order. The appropriate means of concealment will depend upon the structures and developed features already existing in the area. Innovative concealment is encouraged so long as it is visually integrated into the immediate surroundings.

a.    Tree of a type naturally occurring or normally found in the geographic area.

b.    Church steeple.

c.    Bell or clock tower.

d.    Belfries, domes or chimneys.

e.    Elevator towers.

f.    Flag poles.

g.    Water towers.

h.    Cupolas.

i.    Other architectural or art feature.

Examples of concealed facilities:

(x)    Nonconcealed Towers.

(A)    On a wireless master plan priority site.

(B)    On City-owned property in any nonresidential zoning district.

(C)    On other public property in any nonresidential zoning district.

(D)    On nonpublic property in the following districts, ranked highest to lowest:

a.    I-2;

b.    I-1;

c.    C-2;

d.    C-1.

(E)    Preferred Tower Type (Wherever Located).

a.    Monopole.

b.    Lattice.

c.    Guyed.

Broadcast towers are not subject to the siting preferences; they may be sited in accordance with the use table (GJMC 21.04.010). Broadcast towers shall not be located on a wireless master plan priority site; those are reserved and planned for PWSF and public safety telecommunications facilities.

(6)    Temporary PWSF Specifications and Requirements.

(i)    Development Standards. Temporary PWSF shall be permitted by the Director in those zone districts specified in the use table in GJMC 21.04.010 where all of the following are met:

(A)    It will be in place for no more than 60 days (subject to a one time extension of an additional 60 days for good cause);

(B)    Notification of construction is provided by the applicant to the FAA;

(C)    It does not require marking or lighting by the FAA;

(D)    It will be less than 200 feet in height;

(E)    It does not involve any excavation (or excavation where prior disturbance exceeds proposed excavation by at least two feet).

(7)    Telecommunications Facility Co-Location and Combination.

(i)    Development Standards. The City requires co-location and combining of telecommunications facilities on existing towers, existing base stations or existing alternative support structures (dual purpose facilities) as a highest priority where such co-location is possible. A permit shall be required for co-location of facilities on an existing tower, existing base station or dual purpose facility. Co-location or combination of telecommunications facilities requires an administrative permit, and is subject to the following:

(A)    A co-located or combined antenna or antenna array shall not exceed the maximum height prescribed in the applicable land use permit or increase the height of an existing tower by more than 20 feet and shall not affect any tower lighting, except as provided for herein below. A PWSF co-location that does not create a substantial change in the tower or support structure shall be approved within 60 days (subject to tolling) in accordance with subsection (q)(2)(v) of this section.

(B)    If the applicant who seeks to co-locate PWSF demonstrates a coverage gap that cannot be addressed by a co-location that meets subsection (q)(7)(i)(A) of this section, the applicant may request a variance of the height limitation in accordance with subsection (q)(14) of this section. If the co-location is a qualified co-location under 47 U.S.C. §332(c)(7), the Director shall render a decision within 90 days, subject to tolling, in accordance with subsection (q)(2)(v) of this section.

(C)    New antenna mounts shall be flush-mounted onto existing structures where flush mounting was a condition of the original approval, unless it is demonstrated through radio frequency (RF) propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area, or unless applicant demonstrates that flush-mounting would interfere with existing antenna mounting or coax arrangements that were previously approved.

(D)    The equipment cabinet shall be subject to the setback requirements of the underlying zoning district.

(E)    When a co-located or combined antenna is to be located on a nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.

(F)    No signage shall be permitted on an antenna or antenna array that is combined with or co-located on an alternative support structure; however, the support structure may itself be an existing sign, so long as the sign was approved through a non-telecommunications facility development permit or sign permit.

(8)    New Base Stations – Concealed and Nonconcealed.

(i)    Antennas and equipment may be mounted onto a structure which is not primarily constructed for telecommunications purposes in accordance with the use table of GJMC 21.04.010. A permit is required for base station antennas and equipment mounted onto such an alternative structure. In residential districts, the following structures shall not be used as base stations or to support PWSF or commercial antenna(s): single-family dwelling, two-family dwelling, multifamily dwelling of fewer than three stories in height, group living facility, or day care.

(ii)    Development Standards. Antenna(s) and equipment to be located on an alternative structure shall be subject to the following:

(A)    If the facility is concealed, the top of antenna(s) shall not be more than 35 feet above the existing or proposed building or structure, except that antenna(s) located on the perimeter of the supporting structure shall not be more than 10 feet above the supporting structure;

(B)    If the facility is nonconcealed, the top of the antenna shall not be more than 20 feet above the existing or proposed building or structure and shall not be located on the perimeter of the supporting structure;

(C)    New antenna mounts shall be flush-mounted onto existing structures, unless it is demonstrated through radio frequency (RF) propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area;

(D)    New antenna mounts shall meet the setbacks and height restrictions of the underlying zone district;

(E)    When attached base station antenna(s) and equipment is/are to be located on a nonconforming building or structure, the existing permitted nonconforming setback or height shall prevail;

(F)    Concealed base station attached antennas, feed lines and antennas shall be designed to architecturally match the facade, roof, wall, and/or structure on which they are affixed so that they blend with the existing structural design, color, and texture; and

(G)    No signage shall be allowed on an antenna or antenna array that is located on an alternative structure; however, the alternative structure itself may have a sign that was otherwise approved as part of a non-telecommunications facility development application or sign permit.

(9)    Antenna Element Replacement or Modification.

(i)    Development Standards. A permit is required for any replacement or modification of existing antenna(s) and associated equipment, and the replacement or modification must comply with the following:

(A)    Height. The increase in height of a PWSF that is modified shall not create a “substantial change” in the PWSF.

(B)    Equipment Cabinets and Equipment Shelters. Electronic equipment shall be contained in either (a) equipment cabinets or (b) equipment shelters. Equipment cabinets shall not be visible from pedestrian and right-of-way views. Equipment cabinets may be provided within the principal building on the lot, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.

(C)    Sounds. No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are allowed. Sound levels shall not exceed 65 decibels as measured at the property boundaries for the facility.

(10)    Tower/Support Structure Replacement.

(i)    A permit is required for replacement of a tower and support structure. Applicant must demonstrate by clear and convincing competent evidence that replacement will accomplish at least one of the following:

(A)    Reduction in the number of telecommunications facility support structures or towers;

(B)    Replacement of a nonconcealed tower with a concealed tower;

(C)    Significant reduction of the visual impact of a telecommunications facility;

(D)    Replacement of an existing tower with a new tower so as to improve network functionality resulting in compliance with this section; and/or

(E)    Replacement of an existing support structure to increase the number of personal wireless service providers located on such structure.

(ii)    Development Standards.

(A)    Setbacks. A new tower approved for replacement shall not be required to meet new setback standards so long as the new tower and its equipment compound are no closer to any property lines or dwelling units as the tower and equipment compound being replaced. The intent is to encourage the replacement process, not penalize the tower owner for the change out of the old facility. (For example, if a new tower is replacing an old tower, the new tower is permitted to have the same setbacks as the tower being removed, even if the old tower had nonconforming setbacks.)

(B)    Height. The height of the replacement tower or support structure shall not create a substantial change of the facility being replaced.

(C)    Breakpoint Technology. A replacement monopole tower shall use breakpoint technology in the design of the replacement facility.

(D)    Visibility. Replacement towers or support structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots.

(E)    All replacement towers shall be constructed and maintained to meet ANSI/EIA/TIA-G (as amended) Series III, Exposure C structural standards.

(11)    DAS and Concealed Small Cell Facilities.

(i)    Attached DAS Development Standards.

(A)    Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building or structure to maximize concealment. The top of the antenna(s) shall not exceed more than seven feet above the tallest level of the structure on which it is attaching.

(B)    Attached equipment box and power meter is discouraged; however, if attachment is justified, equipment box and meter shall be located on the pole at a height that does not interfere with pedestrian or vehicular traffic or visibility and where applicable shall not interfere with street name signs or traffic lighting standards.

(C)    Freestanding equipment box and/or power meter not attached to an existing structure shall be located no farther than two feet from the base of the structure and shall not interfere with pedestrian or vehicular traffic. Screening materials may be required if the equipment box and/or meter are adjacent to a public right-of-way or along a pedestrian sidewalk or pathway.

(D)    All cables shall be installed internally; but where internal mounting is not possible, surface mounted wires shall be enclosed within conduit or a similar cable cover which should be painted to match the structure or building on which that DAS is mounted.

(ii)    New Freestanding DAS Facility and Concealed Small Cell Facility Development Standards.

(A)    Height. The total height of DAS facility/small cell facility including antenna shall not exceed one foot above the height of existing public utility poles for power or light in the same geographic area.

(B)    Setbacks for DAS/small cell outside of the right-of-way shall meet the same setbacks of the underlying zoning district for similar structures.

(C)    The use of foliage and vegetation around ground equipment may be required by the City based on conditions of the specific area where the ground equipment is to be located. In order to avoid the clustering of multiple items of ground equipment in a single area, a maximum of two ground equipment boxes may be grouped together in any single location. In addition, such locations must be spaced a minimum of 500 linear feet of right-of-way apart from each other. Individual ground equipment boxes shall not exceed three feet wide by three feet deep by five feet high in size. The size and height of new freestanding DAS and concealed small cell facility poles shall be no greater than the size and height of any other telecommunications facility poles located in the same or similar type of rights-of-way in the City.

(D)    Visibility of New DAS/Small Cell Poles.

a.    New DAS/small cell structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots. Concealment design is required to minimize the visual impact of wireless communications facilities.

b.    All cables, conduits, electronics and wires shall be enclosed within the structure.

c.    Small cell facilities shall be no larger in size than what is specified in the definitions (subsection (q)(1) of this section).

d.    New DAS/small cell structures shall be located in arterial rights-of-way whenever possible. Placement of new DAS/small cell structures in rights-of-way other than arterials shall be justified by an engineering analysis from the applicant to the satisfaction of the city engineer prior to the issuance of any permit. Whenever new DAS/small cell structures must be placed in a right-of-way with residential uses on one or both sides of the street, no pole, equipment, antenna or other structure may be placed directly in front of a residential structure. If a right-of-way has residential structures on only one side of the street, the new DAS/small cell structure shall be located on the opposite side of the right-of-way whenever possible. All new DAS/small cell structures shall be located such that views from residential structures are not significantly impaired. Newly installed poles for new DAS/small cell structures should be located in areas with existing foliage or other aesthetic features in order to obscure the view of the pole.

e.    New DAS/small cell structures located in rights-of-way shall be constructed and maintained so as not to interfere with, displace, damage, inhibit or destroy any other utilities or facilities, including but not limited to sewer, gas or water mains or service lines, storm drains, pipes, cables or conduits, or any other facilities lawfully occupying the right-of-way, whether public or private. All wireless communications facilities shall be placed and maintained so as not to create interference with the operations of public safety telecommunications service. The City reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other utilities and facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in public rights-of-way occupied by the new DAS/small cell structure.

(E)    Equipment Cabinets. Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character if applicable. Equipment shelters or cabinets shall be screened from the public view by using landscaping, or materials and colors consistent with the surrounding backdrop.

a.    Screening enclosures shall be allowed when the design is architecturally compatible with the building.

b.    Screening materials shall consist of materials and colors consistent with the surrounding backdrop and/or textured to match the existing structure.

c.    The use of foliage and vegetation around ground equipment may be required based on conditions of the specific area where the ground equipment is to be located.

d.    Small cell equipment cabinets shall comply with the size requirements set forth in the definitions above.

(iii)    DAS Hub Development Standards.

(A)    Setbacks for DAS hubs outside of the right-of-way shall meet the setback standards of the underlying zoning district.

(B)    DAS Hub. Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character if applicable. Equipment shelters or cabinets shall be screened from the public view by using landscaping, or materials and colors consistent with the surrounding backdrop.

a.    Screening enclosures shall be allowed when the design is architecturally compatible with the building.

b.    Screening materials shall consist of materials and colors consistent with the surrounding backdrop and/or textured to match the existing structure.

c.    The use of foliage and vegetation around ground equipment may be required based on conditions of the specific area where the ground equipment is to be located.

(12)    Concealed and Nonconcealed Telecommunications Towers (Not Including DAS or Broadcast Tower, Which Are Addressed in Other Subsections).

(i)    A pre-application conference is required for a new telecommunications tower. A permit and a major site plan review shall be required for a new telecommunications tower. The permit required may be an administrative permit or a CUP, depending upon the zone district (See GJMC 21.04.010, Use table) and/or whether or not the site is a priority site on the wireless master plan.

(ii)    No new tower shall be permitted unless the applicant demonstrates that no existing tower or qualified alternative support structure can accommodate the applicant’s proposed use, or that co-location on such existing facilities would have the effect of prohibiting personal wireless services in the geographic search area to be served by the proposed tower.

(iii)    Development Standards.

(A)    Height.

a.    New concealed towers shall be limited to 200 feet in height. Height calculations shall be made in accordance with FAA standards, and shall include all appurtenances.

b.    New nonconcealed (nonbroadcast) towers shall be limited to 150 feet in height. An applicant desiring a new nonconcealed tower taller than 150 feet must request a variance in accordance with subsection (q)(14) of this section. However, under no circumstance shall any nonconcealed tower exceed 199 feet.

(B)    Setbacks and Spacing from Residential Structures. A new tower shall be subject to the principal structure setbacks of the underlying zone district, and, with respect to any residential structure on adjacent property:

a.    If the tower has been constructed using breakpoint design technology (see “Definitions”), the minimum distance from any residential structure shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, or the minimum principle structure setbacks, whichever is greater. Certification by a registered professional engineer licensed by the State of Colorado of the breakpoint design and the design’s fall radius must be provided together with the other information required herein from an applicant. (For example, on a 100-foot-tall monopole with a breakpoint at 80 feet, the minimum distance from the residential structure would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum principle structure setback requirements for that zoning district.)

b.    If the tower is not constructed using breakpoint design technology, the minimum distance from any residential structure shall be equal to the height of the proposed tower.

(C)    Equipment Cabinets and Equipment Shelters. Electronic equipment shall be contained in either (a) equipment cabinets or (b) equipment shelters. Equipment cabinets shall not be visible from pedestrian and right-of-way views. Equipment cabinets may be provided within the principal building on the lot, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.

(D)    Fencing. All equipment compounds shall be enclosed with an opaque fence or masonry wall in residential zoning districts and in any zoning district when the equipment compound adjoins a public right-of-way. Alternative equivalent screening may be approved through the site plan approval process described in subsection (q)(12)(iii)(E) of this section.

(E)    Buffers. The equipment compound shall be landscaped with a minimum 10-foot-wide perimeter buffer containing the following planting standards:

a.    All plants and trees shall be indigenous to this part of Colorado.

b.    Existing trees and shrubs on the site should be preserved and may be used in lieu of required landscaping as approved by the Planning Department.

c.    One row of evergreen trees with a minimum two-inch caliper, 25-foot on center.

d.    Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five feet shall be planted, minimum three-gallon or 24 inches tall at the time of planting, five-foot on center.

e.    Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative locating on the entire subject property may be considered and approved by the Director, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of this section.

(F)    Equipment Compound. The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.

(G)    Structural Standards. All new concealed or nonconcealed PWSF towers shall be constructed and maintained to meet ANSI/EIA/TIA-G (as amended) Series III, Exposure C structural standards.

(H)    Visibility.

a.    Concealed.

1.    New concealed towers shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural designs, height, scale, color, and texture.

2.    New antenna mounts shall be concealed and match the concealed tower.

3.    In residential zoning districts and in mixed use zoning districts that include residential uses, new concealed towers shall not be permitted on lots where the primary use or principal structure is single-family or two-family residential, group living, day care, or a multifamily structure of fewer than three stories. Examples of land uses/structure types in residential areas where the site may include a concealed tower are: school, religious assembly, fire station, stadium tower or stand, or other similar institutional/civic uses/structures.

b.    Nonconcealed. New antenna mounts shall be flush-mounted unless the applicant can demonstrate that flush-mounted antennas will not reasonably meet the network objectives of the desired coverage area or that more co-locations will be available on the tower if flush-mounting is not required.

c.    Concealed and Nonconcealed.

1.    New concealed and nonconcealed towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties.

2.    A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height and concealment solution of the PWSF. The applicant shall arrange to raise a red or orange colored balloon no less than three feet in diameter at the maximum height of the proposed tower, and within 25 horizontal feet of the center of the proposed tower. The applicant shall meet the following for the balloon test:

i.    Applicant must inform the Planning Department and abutting property owners in writing of the date and times, including alternative date and times, of the test at least 14 days in advance.

ii.    A three-foot-by-five-foot sign with lettering no less than three inches high stating the purpose of the balloon test shall be placed at closest major intersection of proposed site.

iii.    The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven but no more than 14 days in advance of the test date.

iv.    The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather, including wind speed, during the balloon test.

v.    Re-advertisement will not be required if inclement weather occurs.

3.    Towers shall be constructed to accommodate antenna arrays as follows:

i.    Up to 120 feet in height shall be engineered and constructed to accommodate no fewer than four antenna arrays.

ii.    All towers between 121 feet and 150 feet shall be engineered and constructed to accommodate no fewer than five antenna arrays.

4.    Grading shall be minimized and limited only to the area necessary for the new tower and equipment compound.

5.    Sounds. No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are allowed. Sound levels shall not exceed 65 decibels as measured at the property boundaries.

(13)    Broadcast Towers. No new broadcast facilities shall be constructed or installed without a site plan review and a permit under this section. No new broadcast facilities shall be permitted unless the applicant provides a valid FCC construction permit and demonstrates that no existing broadcast tower can accommodate the applicant’s proposed use. A pre-application conference shall be required for any new broadcast facility.

(i)    Development Standards.

(A)    Height. Height for broadcast facilities shall be evaluated on a case-by-case basis; the determination of height contained in the applicant’s FCC Form 351/352 construction permit or application for construction permit and an FAA determination of no hazard (FAA Form 7460/2) shall be considered prima facie evidence of the tower height required for such broadcast facilities.

(B)    Setbacks. New broadcast facilities and anchors shall be set back a minimum of 500 feet from any single-family dwelling unit on same zone lot; and a minimum of one foot for every one foot of tower height from all adjacent lots of record.

(C)    Equipment Cabinets. Except for AM broadcast facilities, cabinets shall not be visible from pedestrian views.

(D)    Fencing. All broadcast facility towers, AM antenna(s) towers, and guy anchors shall each be surrounded with an anti-climbing fence compliant with applicable FCC regulations.

(E)    Buffers.

a.    Except for AM broadcast facilities, it is the intent that all pedestrian views from public rights-of-way and adjacent residential land uses be screened from proposed broadcast facilities. AM broadcast facilities shall, where practicable, use artificial screening devices in lieu of natural vegetation for screening its ground equipment located at the base of AM tower(s).

b.    Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the entire subject property on which the proposed facility is projected may be considered and approved by the Planning Division, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of this section.

(F)    Signage.

a.    Commercial messages shall not be displayed on any tower.

b.    The only signage that is permitted upon an antenna support structure, equipment cabinets, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility; i.e., the address and telephone number, security or safety signs, and property manager signs (if applicable).

(G)    If more than 220 volts are necessary for the operation of the facility, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter four inches) the following: “HIGH VOLTAGE – DANGER.”

(H)    Lighting.

a.    Lighting on towers shall meet and not exceed the FAA minimum standards.

b.    Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA. The lights shall be oriented so as not to project directly onto surrounding property, consistent with FAA requirements.

(I)    Equipment Compound. The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.

(J)    Grading shall be minimized and limited only to the area necessary for the new tower and equipment.

(K)    Sounds. No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are allowed. Sound levels shall not exceed 65 decibels as measured at the closest property boundaries for the facility.

(L)    Parking. One parking space is required for each tower development area. The space shall be provided within the leased area, or equipment compound or the development area as defined on the site plan.

(14)    Variance – PWSF Only. The purpose of this subsection is to ensure that land use decisions with respect to siting of personal wireless service facilities (PWSF) comply with 47 U.S.C. §332(c)(7)(B).

From time to time, due to unique characteristics specific to a single application, such as terrain, existing infrastructure, or other factors unique to the particular location and proposed PWSF thereon, strict application of a specific development standard for siting of PWSF could have the effect of unreasonably discriminating among providers of functionally equivalent services within the meaning of 47 U.S.C. §332(c)(7)(B)(i)(I) or of prohibiting personal wireless services within the meaning of 47 U.S.C. §332(c)(7)(B)(i)(II). In such a case the applicant, so long as the applicant is a provider of personal wireless services who will be using the facility for provision of personal wireless services, may seek a variance from such standard under this section. Considerations of increased financial costs are not unique characteristics and shall not constitute a valid basis for a variance under this subsection (q)(14). Moreover, the only development standards from which a variance can be sought/approved under this subsection (q)(14) are the following:

• Maximum tower height.

• Flush mounting requirement.

• Maximum height of antenna above base station/supporting structure (for nonconcealed PWSF only).

To obtain a variance under this subsection, the provider must demonstrate by clear and convincing evidence that:

(i)    Due to characteristics specific and unique to the particular facilities and location, strict application of the development standard would not permit the applicant to address a demonstrable coverage gap or would result in unreasonable discrimination among providers of functionally equivalent services; and

(ii)    There is no reasonable alternative available, other than varying the standard, to address the demonstrable coverage gap or to avoid unreasonable discrimination among providers of functionally equivalent services, including but not limited to use of another site, co-location on another facility, or modification of the proposed facility so as to meet the applicable standard; and

(iii)    The extent of the variance proposed is the minimum necessary to address the demonstrable coverage gap or to avoid unreasonable discrimination among providers of functionally equivalent services, as confirmed by qualified, independent third party review of the proposal.

The decision-maker for the variance shall be the decision-maker for the underlying permit type required in accordance with this section and with the use table of GJMC 21.04.010. For example, if the facility requires an administrative permit, the Director would decide the variance request. If the facility requires a conditional use permit, the Planning Commission would decide the variance request.

(r)    Transit Shelters and Benches.

(1)    A permittee shall only locate a transit shelter or bench at designated bus stops on designated bus routes.

(2)    The permittee shall remove each shelter, bench, concrete pad and any supports within 30 days after the transit stop or route is no longer designated.

(3)    The permittee shall only place a transit shelter or bench if it is anchored to a concrete pad or equivalent that is approved by the City Engineer.

(4)    The permittee shall only place or locate shelters and benches within the public right-of-way unless the City Engineer approves placement on private property. The permittee shall deliver the owner’s written consent to such placement.

(5)    The permittee shall not place or locate or use any shelter or bench until the City has issued its planning clearance. The planning clearance shall not be valid unless any necessary license or revocable permit has also been issued and is valid. The planning clearance shall identify the boundaries of the shelter site.

(6)    The permittee shall comply with the Americans with Disabilities Act and the applicable regulations.

(7)    The permittee shall provide regular maintenance and cleaning of all shelters and benches in accordance with the permittee’s proposed maintenance schedule, as approved by the City Engineer. At a minimum, the permittee shall clean and maintain each shelter and bench and shelter and bench site twice each calendar week. The permittee shall continuously maintain each shelter and bench site to a good and workmanlike state, including but not limited to general repair, painting, removal of graffiti, removal of trash and debris and maintenance of lawn or landscaping around the shelter and bench area. The permittee shall clean and maintain shelters and benches within 24 hours when requested by the City Engineer, Director or other City official.

(8)    The permittee shall diligently and continuously inspect, repair and replace as needed each shelter and bench so that no safety hazard exists at or on any shelter or shelter site of bench. In any event, the permittee shall remedy any such problem immediately when notified by a citizen, transit user or the City.

(9)    Before placement or construction, the permittee shall have obtained the City Engineer’s approval of the permittee’s proposed site plan of each transit shelter and bench site.

(10)    The permittee shall not place, locate or construct a shelter or bench within State or CDOT right-of-way without first having obtained a permit therefor from CDOT and having delivered a copy thereof to the City Engineer.

(11)    Unless the City Engineer approves otherwise in writing, the permittee shall not place any shelter or bench within five feet of any curb and/or gutter or in an area where the speed limit is 35 miles per hour or less. The City Engineer is not authorized to reduce said setback to be less than three feet from the curb and/or gutter.

(12)    Unless the City Engineer approves otherwise in writing, when there is no curb and/or gutter or the posted speed limit is greater than 35 miles per hour, the permittee shall not place a shelter or bench within 10 feet of the edge of pavement or the travel portion, whichever is closer. The City Engineer is not authorized to reduce said setback to less five feet from the edge of pavement or traveled portion.

(13)    The permittee shall not place any shelter or bench in a way which impedes pedestrian, bicycle, wheelchair or motor vehicle travel. Site distance limitations also apply. No vertical or other supports for a shelter or bench shall be located closer than one foot from any portion of any sidewalk or other pedestrian way.