Chapter 21.10


21.10.010    Rules of construction.

21.10.020    Terms defined.

21.10.010 Rules of construction.

To help interpret and apply this code, the following rules shall apply:

(a)    The particular controls the general;

(b)    The text shall control if there is a difference of meaning or implication between the text and any caption or title;

(c)    The words “shall” and “must” are always mandatory. The words “may” and “should” are permissive and are at the discretion of the decision-maker;

(d)    Words used in the present tense include the future;

(e)    Words in the singular include the plural;

(f)    Words of one gender include all other genders, unless the context clearly indicates otherwise;

(g)    Any term not herein defined shall be as defined elsewhere in the City code or, if not defined elsewhere in the City code, as defined in Webster’s New International Dictionary, most recent edition;

(h)    Unless otherwise indicated, the term “days” means calendar days, if the period of time referred to is more than 30 days. If the period of time referred to is less than 30 days, “days” means days when the City is open for business;

(i)    If the last day of a submission date, period or other deadline is a Saturday, Sunday or a holiday recognized by the City, the period shall end on the last business day; and

(j)    Use of words like “City Council,” “Planning Commission,” “Director,” and “Engineer” includes City officials and staff.

(Ord. 4419, 4-5-10)

21.10.020 Terms defined.

Abandonment means the relinquishment of property, or a cessation of the use of the property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.

Abut/abutting means uses or parcels which directly touch. (Parcels across a public right-of-way would not be abutting, but would be adjacent.)

Access means a way or means of approach to provide vehicular or pedestrian physical entrance to a property.

Accessory dwelling unit means a dwelling unit which is secondary to a principal dwelling unit which may be attached to the principal structure or freestanding.

Accessory structure means a detached subordinate structure, the use of which is customarily incidental to, and supportive of, the principal structure or the principal use of land, and which is located on the same parcel of ground with the principal structure or use. (See graphic.)

Accessory use means the use of land or of a building customarily incidental to, subordinate to, and supportive of the principal use of the parcel.

Addition means:

(1)    A structure added to the original structure at some time after certificate of occupancy has been issued for the original structure;

(2)    An extension or increase in floor area or height of a building or structure.

Adjacent means property or use, any portion of which is within a 100-foot radius. Public right-of-way, easements, canals or waste ditches, and waterways are not counted when deciding if one property or use is adjacent to another.

Adjoin means a lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.

Administrative decision means any decision on a development application made by an authorized City employee pursuant to this code.

Adult day treatment center means a facility for the care of adults who require nursing or physical assistance and/or supervision during the day by licensed caregivers and staff.

Adult entertainment establishments. See GJMC 21.04.030(b)(5)(i).

Adult foster home means a residence for the care of persons who are unable to live alone in safety.

Adult material. See GJMC 21.04.030(b)(5)(ii).

Adverse impact means a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-tract property or facilities.

Aggrieved person means a person having suffered actual loss or injury or being exposed to potential loss or injury to legitimate interests including, but not limited to, business, economic, aesthetic, governmental, recreational, or conservation interests.

Agri-business means a business and/or commercial use operated primarily for the support of agricultural needs. Such use may consist of products, materials, and equipment servicing and sales; storage and/or processing of agricultural products and/or animals; medical and/or technical support services.

Agricultural animals. The following animals are considered agricultural animals to an agricultural use, whether used for personal enjoyment or for commercial purposes: horses, mules, burros, sheep, cattle, rabbits, chickens, ducks and geese.

Agricultural produce means fruit, vegetables, eggs and honey prior to processing of any kind other than washing. Canned fruits or vegetables, preserves, wine, meat and dairy products shall not be considered agricultural produce for the purposes of this code.

Airport environs. See GJMC 21.07.030.

Alcohol beverage means fermented malt beverage or malt, vinous, or spirituous liquors.

Alcohol beverage production means a premises in which alcohol beverages are produced for wholesale distribution and/or for on-site retail and consumption.

Alley means a service road providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Alterations means any proposed modification to a designated historic site, structure or district which could have an effect on the character of the historic resource relative to the criteria by which it was designated. Examples of alterations for structures may include additions, any exterior modifications, including signage to be affixed to the facade, and any interior modifications that may affect the characteristics for which the structure was designated.

Amateur radio means radio communications, which are licensed or regulated as such by the Federal Communications Commission, and are not subject to provisions of this code.

Amortization means a method of eliminating nonconforming uses by requiring the termination of the nonconforming use after a specified period of time.

Animal care, boarding, sales means a facility in which four or more animals of the same species are housed, groomed, bred, boarded, trained in return for compensation, or sold. Such facility may offer incidental medical treatment.

Animal clinic means a facility for the medical care and treatment of animals under the supervision of a licensed veterinarian with no outdoor accommodations for the temporary boarding of animals.

Animal hospital means a facility for the medical care and treatment of animals under the supervision of a licensed veterinarian with outdoor accommodations for the temporary boarding of animals.

Annexation means the incorporation of a land area into an existing community with a resulting change in the boundaries of that community.

Antenna means any device designed and intended for transmitting or receiving television, radio, microwave signals, or other electromagnetic waves. An antenna includes all mounting and stabilizing items such as a tower, a pole, a bracket, guy wires, hardware, connection equipment and related items.

Appeal means a request for a review of the Grand Junction Community Development Department’s interpretation of any provisions of this code or a request for a variance therefrom.

Applicant means any person, firm, partnership, joint venture, association, corporation, group or organization applying for any permit, approval or decision governed or required by this code. “Developer” or “subdivider” may be used interchangeably.

Application means a written request for any approval, permit, or action required by this code. “Proposals” and “requests” are used interchangeably. An application is not complete until each requirement in this code is met and all fees are paid.

Appurtenances means the visible, functional, or ornamental objects accessory to and part of buildings.

Area of influence (airport) means an area surrounding an airport which is impacted or influenced by its proximity to the airport, either by aircraft overflight, noise, vibrations, or by vehicular traffic associated with airport operations.

Area of shallow flooding means a designated Zone AO or AH on the City’s Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard (also floodplain) means the land in the floodplain subject to a one percent or greater chance of flooding in any given year.

Automobile sales establishment and lots means an open area used for the display, sale or rental of new and/or used motor vehicles.

Average means, unless specified otherwise, the arithmetic mean.

Avigation easements limit construction and heights of vegetation, and grant the right of flight over the surface together with the right, subject to the applicable local, State, and federal laws (such as noise pollution laws), to cause noise, vibrations, smoke, fumes, glare, dust, fuel particles, and other effects of aircraft operations. (See GJMC 21.07.030(g).)

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

Basement means any area of a building having its floor subgrade (below ground level) on all sides.

Bed and breakfast means a house, or portion thereof, where short-term lodging rooms and meals are provided and where the operator of the house lives on the premises or in adjacent premises. A bed and breakfast is a type of short-term rental.

Berm means a mound of earth designed so that slope drainage is directed away from a paved area and sidewalks, which serve as a screen or bufferyard with landscaping (see GJMC 21.06.040(f)(2)). (See graphic.)

Block means a land area consisting of contiguous lots established by recorded plats, usually bordered by a combination of streets, public parks, cemeteries, railroad right-of-way, or other barrier to the continuity of development.

Block frontage means all property fronting on one side of a street between intersecting or intercepting streets, or between a street and a street right-of-way, waterway (wider than 30 feet), or end of a dead end street. An intercepting street shall determine only the boundary of the frontage of the side of the street which it intercepts.

Board, unless otherwise indicated in the text, shall refer to the Zoning Board of Appeals.

Buffering means the process of creating transition between zones by use of open spaces, landscaped areas, fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights or other nuisances.

Bufferyard means a strip of land established to protect one type of land use from another land use or to provide screening. Normally, a bufferyard is landscaped and developed in open space areas.

Building means any structure used or intended for supporting or sheltering any use or occupancy. (See also Structure.)

Building design capacity means the maximum occupancy load of a building as provided by the most recent version of the International Building Code adopted by the City.

Building envelope means the three-dimensional space occupied by a building, including all eaves, covered porches, breezeways and other portions of the building, but excluding attached decorative walls which are less than or equal to three feet in height.

Building facade means that exterior side of a building which faces, and is most nearly parallel to, a public or private street.

Bulk standard means standards applying to individual lots that control the placement, intensity and character of development, including, but not limited to, the amount of open space on the lot, the height of structures, setbacks from property lines and public rights-of-way, impervious coverage and density.

Business residence means a single residential dwelling unit, accessory to and located within a structure primarily devoted to business or commercial uses (see GJMC 21.04.030(i)).

Caliper means the diameter of a tree trunk.

Campground, overnight means a campground located in urban areas or in close proximity to a major highway intending to serve the traveling public in need of overnight accommodation.

Campground, recreational means a campground located in close proximity to natural recreational areas and/or opportunities providing an outdoor living environment.

Camping guest means one or more persons assigned to a campsite.

Camping unit means a self-propelled or towed recreational vehicle, other vehicle used for temporary human occupancy, or a cabin, tent or other type of shelter intended, designed or used for temporary human occupancy.

Dependent camping unit means a camping unit that has no toilet, sink or bathing facilities and is dependent upon a common building for these services.

Independent camping unit means a camping unit that has toilet, sink and bathing facilities requiring connection to a water and/or sanitary sewer system at the individual campsite.

Campsite means any defined area which is used for overnight stays by an individual, a single camping family, group, or other similar entity.

Caretaker dwelling means a dwelling used as the residence for the persons who administer, care for and maintain a particular community service or recreational use, which dwelling is located on the site of that use.

Carport means a roofed structure providing space for the storage of one or more motor vehicles and enclosed on not more than two sides by walls.

Centerline means the true centerline of a street right-of-way that has been fully dedicated to the required width according to the master street plan.

Certificate of occupancy means as defined in the current International Building Code adopted by the City.

Change in use or change of use means a change from one principal use of a building or land to another principal use of the building or land.

Channel means a natural or artificial low lying area with definite bed and banks, which confines and conducts continuous or periodic flows of water.

City means the City of Grand Junction.

Civic use means a municipal use that may include cultural, recreational, athletic, convention and entertainment facilities.

Clear zone (airport) means an area located directly off the end of an airport runway in which no above-ground construction or obstruction is permitted.

Cluster/clustered means a development that complies with the requirements, rules and design guidelines set forth in GJMC 21.03.060.

Cluster development means a development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. (See graphic.)

Code, unless otherwise specified, refers to the City of Grand Junction Zoning and Development Code, which is also referred to as GJMC Title 21.

Collector street means streets, as identified in the master street plan, which access neighborhoods and routes serving intra-city rather than intra-state travel.

Colocation means the location of wireless communications facilities on an existing structure, tower, or building in a manner so that an additional tower, structure or facility is not required.

Commercial vehicles shall include all vehicles that require the issuance of any of the following license plates by the State of Colorado: passenger bus plates; GVW truck and GVW tractor plates; farm trucks and farm tractor plates; special mobile machinery plates/tabs; special use vehicle plates; light truck plates; but shall not include the following: any vehicle issued any of the above license plates that otherwise would be issued passenger plates or recreational truck plates by the State of Colorado were the vehicle not used for commercial purposes; any pickup truck issued light truck plates with bed rails no higher than 30 inches from the floor of the bed; any van issued light truck plates whose basic design could serve as a passenger van and be issued passenger plates.

Commission means the City of Grand Junction’s Planning Commission.

Common elements means land amenities, certain areas of buildings, such as lobbies, corridors and hallways, central services and utilities and any other elements and facilities owned and used by all owners and designated in the master deed as common elements.

Common open space means land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate.

Community corrections facility means:

(1)    A facility providing residential or nonresidential services operated under the direction of a community corrections program, as defined by § 17-27-101 C.R.S. et seq.; or

(2)    A facility providing residential or nonresidential services substantially similar to that described in § 17-27-102(3) C.R.S., although not being administered pursuant to § 17-27-101 C.R.S. et seq., which is operated by a private individual, partnership, corporation or association. A community corrections facility shall manage and supervise “offenders” in accordance with adopted standards and pursuant to a contract supervised and administered by an agency of the State of Colorado; such a facility is not required to be in direct privity of contract with the State so long as it is subject to the same, or equivalent, standards and rules applicable to a facility which is subject to § 17-27-101 C.R.S., et seq. The applicant for a community corrections facility which is not administered pursuant to § 17-27-101 C.R.S. et seq. shall identify, and provide as required by the Director, the rules and contract under which such facility is regulated and administered. A community corrections facility shall provide to the Director, upon request, evidence that the facility/program: is subject to “program audits” by the State, or an agent of the State; and is operating and has been operated in compliance with all applicable standards. “Offenders” means, for the purposes of this definition, persons accused or convicted of a felony, misdemeanor or other criminal offense.

Concealed or stealth means any tower or telecommunications facility which is designed to enhance compatibility with adjacent land, buildings, structures and uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements and towers designed to not look like a tower such as light poles, power poles and trees. The term “stealth” does not necessarily exclude the use of uncamouflaged lattice, guyed or monopole tower designs.

Concentrated fabrication (also light and heavy fabrication) is defined as the manufacturing from standardized parts of a distinct object differing from the individual components.

Concept plan means a generalized plan indicating the boundaries of a tract or tracts under common ownership, and identifying proposed land use, land use intensity and thoroughfare alignment.

Conditional letter of map revision (CLOMR) is FEMA’s comment on a proposed project which does not revise an effective floodplain map that would upon construction affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Conditional use means a use identified by this code which requires action by the Planning Commission or City Council after public hearings. A conditional use means a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in GJMC 21.02.110, of the impact upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be approved.

Condominium means as defined in § 38-33.3-103 C.R.S. or any successor statute.

Construction plan means complete construction drawings of a facility or improvement, including but not limited to road plans and profiles, drainage plans and utility plans.

Contiguous means next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous.

Continuous commercial center means one structure with multiple separate uses.

Convalescent home means a building where persons reside and are provided with medical care designed to restore them to health.

Convey means to transfer all or a part of a title or equitable interest in land; to lease or assign an interest in land; or to transfer any other land interest.

Counseling center means a facility where individuals or small groups are provided professional counseling assistance with personal, emotional, marital, medical, or similar problems on an outpatient basis.

County means Mesa County.

Courtyard means an open area, unobstructed from the ground to the sky, that is bounded on at least three sides by the exterior walls of one or more buildings.

Crematory means an establishment for burning the bodies of deceased people/animals.

Critical facility means a structure or related infrastructure, but not the land on which it is situated, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the City at any time before, during and after a flood.

Critical zone (airport) means a rectangular-shaped zone located directly off the end of a runway’s primary surface, which is critical to aircraft operations.

Cul-de-sac means a dead end street terminating in a vehicular turn around area.

Cultural facilities means establishments that document the social and religious structures and intellectual and artistic manifestations that characterize a society and include museums, art galleries, and botanical and zoological gardens of a natural, historic, educational, or cultural interest.

Curb face means the vertical or shaped portion of a curb, facing the roadway, and designed to direct stormwaters.

Daycare means an establishment providing for the care, supervision, and protection of children or adults for less than 24 hours.

Day-night sound level (Ldn). See GJMC 21.07.030.

Days, unless otherwise indicated, means calendar days, if the period of time referred to is more than 30 days. If the period of time referred to is less than 30 days, “days” means working days (days when the City is open for business).

Decorative wall means masonry or masonry with wood, with surface variations so that it is dissimilar from a plain cinderblock wall.

Dedication means the transfer of property by the owner to another party.

Deed means a legal document conveying ownership of real property.

Default standards, default zones means the underlying zone of a planned development (PD) zone district. The default zone shall be established with any PD zone. The standards for the default zone shall be used unless deviations were specifically approved within the PD zoning ordinance.

Density means the number of dwelling units per acre of land.

Density – maximum. Maximum residential density means the number calculated by dividing the total number of dwelling units or residential lots by the gross acreage expressed in square feet or acres of the development property. Gross land area includes all of the parcel or property at the time a development application is filed. The “gross residential density” is calculated the same as maximum residential density. See GJMC 21.03.030(j).

Density – minimum. This calculation shall apply to the term “net minimum residential density” as used in this code. Minimum residential density means the number calculated by dividing the total number of dwelling units or residential lots by the net developable land area of the development parcel. See GJMC 21.03.030(j).

Department means the Grand Junction Public Works and Planning Department.

Desert landscaping means the use of landscaping materials, both vegetative and nonvegetative, which are native to an arid or semiarid climate. (See Water wise.)

Design capacity means the maximum occupancy load of a building as defined and determined by the International Building Code (IBC).

Developer means a person, firm, partnership, joint venture, association, corporation, group or organization who shall participate as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development.

Development includes all property adjacent or abutting, whether or not to be then planned or developed, owned by the same owner. Includes any of the following: the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, drilling, excavation, clearing of roadways or building sites, landfill or land disturbance and any use or extension of the use of land, the placement of a use on any property, or any planned development. Development does not include movement of earth associated with crops and/or farming or landscaping.

Development application means any request for approval, permission or other action made pursuant to the provisions of this code.

Development schedule/phasing schedule means regulating the rate and geographic sequence of development so as to ensure that each phase can stand on its own in terms of circulation, utilities, and so on, in the event subsequent phases are delayed or cancelled.

DIA means development improvements agreement.

Director. The administrator of the code shall be the Director of the Grand Junction Public Works and Planning Department and/or designated staff.

Disposition means a transfer of all or part of a title or equitable interest in land; a lease or an assignment of an interest in land; or any other transfer or conveyance of an interest in land.

District means same as zone.

Drinking establishment means a premises used for the sale or dispensing of alcohol beverages for on-site consumption including uses such as bars, nightclubs, and taverns.

Drive-in means facilities customarily providing parking spaces for the ordering, delivery, and consumption of a product or service in a parked vehicle.

Driveway means a private roadway providing access to a street or highway, excluding the sidewalk when parking vehicles in the driveway.

Dwelling unit means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Dwelling, multifamily means a building arranged, designed, and intended to be used for occupancy by three or more families living independently of each other and containing three or more dwelling units on the same or separate lots.

Dwelling, single-family, detached means a single-family dwelling which is not attached to any other dwelling or building by any means, on a single lot.

Dwelling, two-family means a building containing two single-family dwelling units on the same lot and separated by an unpierced common wall extending from ground to roof; or a single-family dwelling attached to only one other single-family dwelling unit by a common wall, with each dwelling located on separate lots.

Easement means an interest in land that is less than fee title which entitles the holder to a specific limited use or enjoyment.

Elderly or disabled persons housing, dependent means dwellings for long-term accommodation of persons who for any reason require on-going medical supervision or assistance with normal daily functions of living.

Elderly or disabled persons housing, independent means dwellings for long-term accommodation of elderly or disabled persons who do not require regular medical supervision or assistance with normal daily functions of living.

Elderly or disabled persons housing, semi-independent means dwellings for long-term accommodation of elderly or disabled persons who require periodic, but not daily, supervision or assistance with normal daily functions of living.

Eminent domain means the authority to acquire or take, or to authorize the taking of, private property for the public use or public purpose.

Engineer means an engineer licensed by the Colorado Board of Registration.

Equipment means rolling stock or movable personal property except that, for the purpose of this code, it shall not include those items defined as heavy equipment.

Evergreen means a plant with foliage that remains green year-round.

Evidence means any map, table, chart, contract or other document or testimony prepared or certified which is offered by a person to establish a claim, condition or assertion.

Exaction means contributions or payments required as an authorized recondition for receiving a development permit.

Existing manufactured home park or subdivision means a manufactured home park for which the construction of facilities serving the lots on which the manufactured homes are to be affixed are completed before the effective date of this code. See GJMC 21.04.030(f).

Exotic animals means those animals not defined as household pets or agricultural animals.

Expansion of existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Extractive uses means surface and/or subsurface natural resources which may be extracted from the land. This includes exploratory drilling or mining but excludes individual water well drilling.

F.A.A. means the Federal Aviation Administration.

Facade means the exterior walls of a building exposed to public view or that wall viewed by persons not within the building.

Family means any number of related persons living together within a single dwelling unit as a single housekeeping unit, but not more than four persons who are unrelated by blood, marriage, guardianship or adoption.

Family foster home means a home which receives children for regular full-time care in a family home.

Farm and ranch structures and uses means those structures and uses devoted to the shelter and raising of livestock, poultry, feed, flowers, crops, field equipment or other agricultural items, with or without a dwelling unit.

Farmers’ market means a structure or place where agricultural produce is brought for the purposes of retail sales. (Note: A farmers’ market differs from a produce stand in that there may be more than one seller allowed per parcel of land and the structure from which produce is sold at a farmers’ market need not be portable or capable of being dismantled or removed from the site.)

Feed lot means an area which is used for custom feeding of livestock where the owners of said livestock pay for yardage, feed and feed processing.

FEMA means the Federal Emergency Management Agency.

Fence means an artificially constructed barrier of any material or combination of materials, including walls but not retaining walls interior to the property, erected to enclose, screen, or separate areas. (“Material” does not include vegetation.)

Fenestration means the arrangement of windows and other exterior openings on a building.

F.I.A. means the Flood Insurance Administration.

Final plat means a survey map of record which indicates the boundaries for streets, blocks, lots and other property divisions which is prepared pursuant to GJMC 21.02.070(s).

Fire flow survey means a testing of fire hydrants to determine capacity by volume and pressure for firefighting purposes in accordance with the requirements of the City Fire Department.

Five-hundred-year (500-year) flood means a flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance annual flood).

Five-hundred-year (500-year) floodplain means an area of land susceptible to being inundated as a result of the occurrence of a 500-year flood.

Flashing sign means a sign which contains an intermittent or flashing light source or a sign which includes the illusion of intermittent or flashing light by means of animation or an externally mounted light source.

Flea market means a flea market, swap shop, or similar activity by whatever name, where the use involves the setting up of two or more booths, tables, platforms, racks, or similar display areas for the purpose of selling, buying, or trading merchandise, goods, materials, products, or other items offered for sale outside an enclosed building. Flea markets do not include any of the following activities which occur at the same location four or fewer days in any calendar year: garage sales, produce stands, garage sales or fund-raising activities done by a nonprofit organization.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)    The overflow of inland waters; and/or

(2)    The unusual and rapid accumulation or runoff of surface waters from any source. (See graphic.)

(3)    Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).

Flood control structure means a physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Flood fringe district means that area within a 100-year floodplain where the flood waters are relatively shallow, and move at velocities from one to four feet per second. (See graphic.)

Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones.

Flood Insurance Study means the official report provided by the Federal Emergency Management Agency that includes profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

Floodplain means an area adjacent to a watercourse which may be subject to flooding as a result of an increase in water flow beyond a normal high water mark. (See graphic.)

Floodplain development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. (See graphic.)

Flood profile means hydrological conclusions based upon historical facts and engineering principles represented graphically showing the relationship of the water surface elevation during a 100-year flood to the channel and adjacent topography.

Flood prone area means an area near a watercourse which is subject to flooding during a 100-year flood based on historical information, topography, vegetation and other indicators, but where the precise dimensions of a 100-year floodplain have not been delineated by Federal Emergency Management Agency studies. (See graphic.)

Floodproofing means a combination of provisions, changes or adjustments to structures and movable objects or to surrounding areas, primarily for the reduction or elimination of flood damage.

Flood regulatory area means that portion of the floodplain which is subject to inundation by a 100-year flood. This area may be divided into the floodway district and the flood fringe district. (See graphic.)

Floodway means the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado Statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). (See graphic.)

Foster child means a child who receives regular full-time care by a family in a family home.

Foster family means a family that provides regular full-time care to a foster child in the family home.

Foster parent means an adult who provides regular full-time care to a foster child in the family home.

Fraternity or sorority means a place of residence other than a hotel, rooming or boarding house or dormitory 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.

Freeboard means the vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

Frontage. The frontage of a parcel of land is that distance where a property line is common with a road right-of-way line.

Front lot line means the property line dividing a lot from a road right-of-way.

Full cutoff light fixture means a light fixture in which no more than two and one-half percent of its total output is emitted above 90 degrees from the vertical pole or building wall on which it is mounted.

Funeral home/mortuary means an establishment with facilities for the preparation of the dead for burial or interment, including cremation, for the viewing of the body, and for funeral services.

Garage, public means a structure, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

Gasoline service station means buildings and/or surfaced area where motor vehicles may be refueled and/or serviced.

Geologic hazard area means an area identified by a qualified State or federal government agency as containing or being directly affected by a geologic hazard.

GFA. See “Gross floor area.”

Grade means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, the point between the building and a line five feet from the building.

Grade, finished means the level of the soil after completion of site development.

Grade, natural means the undisturbed ground level which may be determined by on-site evidence (vegetation, ground level on adjacent land, elevation of adjacent streets and roads, soil types and locations, etc.).

Grand Junction Circulation Plan (formerly known as Major Street Plan and Grand Valley Circulation Plan) means a plan or plans showing the location of right-of-way which will be developed and for which development and uses must accommodate. Plans for areas smaller than the entire City are still “Grand Valley Circulation Plans or Major Street Plans.” The City relies on the authority in Title 31 C.R.S. in addition to its other powers and authority.

Granny flat, elder cottage and accessory apartment means a separate, self-contained living unit placed on the same parcel as and adjacent to the existing primary residence as a dwelling unit for a relative who is either over the age of 60 years or has a disability requiring an assisted, but independent, living arrangement. This definition also shall include an accessory apartment that is built onto or into an existing single-family dwelling unit for the same purpose. Such units are small, complete living units which have a living area, kitchen, bathroom and separate entrance.

Greenhouse. See Nursery-greenhouse.

Gross acre means a full acre of land prior to subdivision and prior to dedication of any required rights-of-way or easements.

Gross acreage means the area of a proposed development, including proposed dedications of easements, rights-of-way or other property rights, but excluding existing rights-of-way dedicated prior to January 1, 1995.

Gross floor area (GFA) means the sum of the areas of all floor levels of a building or structure measured within the exterior face of exterior walls or the centerline of walls separating two abutting buildings, but excluding any space where floor-to-ceiling height is less than 6.5 feet.

Gross leasable area (GLA) means the total building area, expressed in square feet and designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper floors, as measured from exterior walls or the centerline of walls separating two abutting buildings, but excluding any space where floor-to-ceiling height is less than 6.5 feet.

Ground cover means grass or other plants and landscaping grown to keep soil from being blown or washed away.

Ground subsidence means a process characterized by the downward displacement of surface material caused by phenomena such as removal of underground fluids, natural consolidation, or dissolution of underground minerals or by manmade phenomena such as underground mining.

Ground story means the story closest to and above grade along the street.

Ground water means subsurface water within and below the zone of continuous saturation.

Group living facility, large means a group living facility with 10 to 16 residents.

Group living facility, small means a group living facility with up to nine residents.

Group living facility, unlimited means a group living facility with 17 or more residents.

Group living, other means housing where unrelated persons live together in a single dwelling unit in a multi-unit complex with common 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.

Guest ranch means a working ranch with an accessory use for the lodging and/or boarding of guests which provides recreational activities on, or adjacent to, the ranch.

Hardscape means stone, brick, rock, sand, textured or shaped concrete, decorative walls and/or pedestrian facilities (i.e., benches, tables, play equipment, walking or bike paths).

Hazard prone area means an area which has not yet been designated by the State or federal government as a geological hazard area but where historical evidence, climatological data, surface or subsurface geological, topographical, vegetative, or other on-site naturally occurring factors indicate a relatively greater risk of property damage than exists on other parcels in the City.

Hazardous substance means any material that, by reason of its toxic, corrosive, caustic, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

Headwater means the source of a stream or river.

Health club means an establishment that provides facilities for exercise activities, such as running, jogging, aerobics, weight lifting, court sports and swimming, as well as locker rooms, showers, massage rooms, saunas and related accessory uses.

Health Department means the Mesa County Health Department.

Heavy equipment means large equipment including, but not limited to: trucks with greater than a one and one-half ton rating, cranes, crawler type tractors, earth movers, dump trucks and other equipment of equal or greater size and weight.

Hedge vegetation means a plant from the list approved by the City Forester which will grow, with regular trimming, to a height of four to six feet maximum. At planting, the hedge shall be at least one foot high.

Height of structure means the vertical distance from the grade to the highest point of any portion of a structure. See GJMC 21.03.030(f).

Helipad means a facility without the logistical support provided by a heliport (see heliport) where helicopters takeoff and land. Helipads do not include facilities for maintenance, repair, fueling or storage of helicopters.

Heliport means an area providing an area for the takeoff and landing of helicopters and fuel facilities (whether fixed or mobile) or appurtenant areas for parking, maintenance, and repair of helicopters.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed wall of a structure.

High water mark means the ordinary high water level or bank of a stream, river, lake or impoundment which, in the absence of evidence to the contrary, shall be presumed to be the edge of the vegetation growing along the shore.

Hillside disturbance includes any and all areas of the building site disturbed during construction by grading or excavation and temporary or permanent construction for all buildings, parking areas, driveways, roads, sidewalks, and other areas of concrete, asphalt, or other construction materials.

Homeless shelter means a structure or portion thereof in which sleeping accommodations are provided for the homeless for less than six months. A homeless shelter shall be classified as “lodging.”

Home occupation means a business activity conducted as an accessory use to a dwelling unit. See GJMC 21.04.040(g).

Homeowners’ association means a formally constituted nonprofit association made up of the property owners and/or residents of a fixed area, which association is formed for the purpose of assuming permanent responsibility for costs and upkeep of common areas, open space and similar shared facilities.

Hospital means any building used for overnight accommodation and medical care of human patients including sanitariums, but excluding clinics, long-term care facilities and convalescent homes.

Household or household living means a family, or a group of not more than four unrelated persons, living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.

Household pets means those animals which are commonly kept as pets: dogs, cats, fish, small birds (e.g., parakeets, parrots), rodents (e.g., mice, rats), and reptiles (nonpoisonous snakes, lizards).

Impact fee means a fee imposed on a development to help finance the cost of improvements or services.

Impervious surface means any material that prevents absorption of stormwater into the ground.

Impound lot means a lot for the storage of vehicles which have been towed or otherwise moved to the lot by a towing carrier permitted to operate pursuant to § 40-13-101 C.R.S. et seq., in which lot no vehicle dismantling or repair work occurs.

Improvements means right-of-way pavements, curbs, gutters, sidewalks, paths, trails, bikeways, sedimentation control facilities, revegetation, landscaping, water mains, sanitary and storm sewers, drainageways, gas lines, electrical and telephone lines and appurtenances, street signs, trees and lights, lot pin monuments, range point boxes, and any other similar items required for compliance with the regulations of this code or the conditions of approval.

Infill development means the development of new housing or other buildings on scattered sites in a built-up area.

Infrastructure means facilities and services needed to sustain industry, residential, commercial and all other land use activities.

Integral units means items, equipment, or machinery which are assembled or constructed to function as a single unit, such as, but not limited to, large cranes, drilling rigs or other large vehicles, large diameter pipes or culverts, large scale motors or transformers, etc., or, in the case of salvage or junkyards, shelving or other storage units, not to exceed 20 feet in height, which are used to store and display salvage items.

Irrigation or irrigate means use of water, whether or not potable, to sustain or grow landscaping or flora.

Junk means ferrous or nonferrous metals, wood or wood products, appliances not used for their intended purposes, rubber or plastic products, dismantled or inoperable machinery, equipment, tools, junk vehicles, trash or similar materials. The term junk excludes outside storage permitted as an accessory use under the provisions of GJMC 21.04.040.

Junk vehicle means any motor vehicle, trailer, or semitrailer, as those terms are defined by § 42-1-102 C.R.S. that: is not operable in its existing condition because of damage or because parts necessary for operation such as, but not limited to, tires, engine, or drive train, are removed, destroyed, damaged, or deteriorated; or, is not capable of being lawfully driven on a public highway or street pursuant to the minimum standards set forth in Title 42 of the Colorado Revised Statutes. Any such motor vehicle, trailer, or semitrailer shall be presumed to be a junk vehicle if no current Colorado license plates are displayed thereon, or if Colorado license plates have been invalid for more than 60 days. (Note: The owner or possessor of such a motor vehicle, trailer, or semitrailer may rebut such a presumption by providing proof of current registration or licensing (see Motor vehicle repair shop).)

Junkyard means any yard, lot, land, parcel, building or structure, or part thereof, used for storage, collection, processing, purchase, sale, salvage or disposal of used or scrap materials, equipment, vehicles or appliances. Junkyards include, but are not limited to, wrecking yards, salvage yards and automobile impoundment areas where stored vehicles are inoperative or unlicensed. Junkyards do not include storage of vehicles used for agricultural purposes on a property used for agricultural purposes, or facilities qualifying as motor vehicle repair shops.

Jurisdiction means the sphere of responsibility of the Grand Junction City Council or a political subdivision of the State.

Land use means a list of uses within categories enumerated in this code for various uses of land in the City.

Land reclamation means increasing land use capability by changing the land’s character or environment through drainage and/or fill.

Landlocked parcel means a parcel of land without access of record with the County Clerk and Recorder.

Landscape means an area set aside from structures and parking which is developed with natural materials (i.e., lawns, trees, shrubs, vines, hedges, bedding plants, rock) and decorative features, including paving materials, walls, fences and street furniture.

Lateral sewer means a sewer which discharges into a trunk line and has only collection lines tributary to it. A line from a structure or use which discharges into a collection line is not a lateral.

Ldn contour. See GJMC 21.07.030.

Leasehold interest means a contractual agreement for a possessory estate for the use of lands, structures, buildings or parts thereof for a fixed time and consideration.

Lighting means an artificial supply of light or the apparatus providing it.

Loading space means an off-street portion of a parcel for the temporary parking of commercial vehicles while loading or unloading materials for use or sale on the parcel. This space shall open onto a street or alley, and any use of the space shall not obstruct pedestrian or vehicular traffic upon the street or alley.

Local road or street provides direct access to adjacent land and access to higher street classifications. All streets or roads not otherwise classified are local.

Lodge means a structure providing lodging or boarding for guests, located in close proximity to natural recreational areas and/or opportunities.

Lot means a parcel of land that is defined on a subdivision plat of record, which is intended to be occupied by a principal building or building and open space. Streets are not included in this definition. (See graphic.)

Lot area. The area of the lot shall be the horizontal area of the lot and shall not include portions of streets and alleys.

Lot, corner means a lot abutting upon two or more intersecting streets. (See graphic.)

Lot coverage means that area of the lot or parcel which may be occupied by principal and accessory structures.

Lot depth means the horizontal distance from the front property line to the rear property line. If front and rear property lines are not parallel, the lot depth is the shortest distance between the front and rear property lines.

Lot, double frontage (through lot) means an interior lot having frontage on two nonintersecting streets.

Lot, flag means a lot having no frontage or access to a street or place except by a narrow strip of land.

Lot frontage means the distance for which a lot abuts on a street.

Lot, interior means a lot whose side lines do not abut on any street.

Lot line means a line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Lot width means the horizontal distance measured at the front yard setback line between side property lines measured parallel to the street, said property lines or to the tangent of a curved street property line. If side property lines are not parallel, the lot width is the shortest distance between the side property lines.

Low traffic storage yard means an enclosed outdoor storage area generating less than 30 average daily trips (30 ADT).

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this code.

Machine shop means a structure containing machinery for the manufacture, modification or repair of metal goods and motor vehicle equipment. This use does not include the dismantling of motor vehicle parts and equipment.

Maintain means to use, to keep in existence. To continue upkeep is not required to meet the definition of “maintain.”

Major shopping center means a group of retail and service establishments which are planned and managed as a total entity, and which includes more than 250,000 square feet of gross leasable floor area.

Major subdivision means a subdivision consisting of two or more proposed new lots.

Manufactured home means factory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Section 5401 et seq.), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code.

Manufactured home park means a parcel of land used for the continuous accommodation of five or more occupied manufactured homes and operated for the pecuniary benefit of the owner of the parcel of land, his agents, lessees, or assignees. A manufactured home park does not include manufactured home subdivisions or property zoned for manufactured home subdivisions.

Manufactured home subdivision means a parcel or contiguous parcels of land subdivided into two or more lots configured for development of manufactured housing.

Manufactured housing means a manufactured structure designed for residential occupancy that conforms to all applicable federal construction and safety standards certifications (42 U.S.C. Section 5401 et seq.). Construction and safety certification shall be affixed in the original and permanent condition and shall not be removed.

Master plan means a long-range plan for major institutional and civic facilities that considers community benefits and impacts.

Master Street Plan (now known as the Grand Junction Circulation Plan) means the plan or components of the plan adopted by the City of Grand Junction showing the existing and future layout and classifications of streets within the City.

Material Safety Data Sheet (MSDS) means a form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.

Medical treatment means health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.

Membership club means an organization with established formal membership requirements, bylaws and objectives, but not including groups organized primarily to provide profit for the club or any of its members.

Mini-warehouse means a structure or group of structures containing separate, individual, and private storage spaces of varying sizes, leased or rented on individual leases for varying periods of time.

Minor arterial means a street, as identified in the Grand Junction Circulation Plan, which has a relatively high overall travel speed, with minimal interference and which interconnects with the principal arterial system.

Mitigation means methods used to alleviate or lessen the impact of development.

Mobile food vendor means a readily movable, motorized wheeled vehicle or towed wheeled vehicle that is equipped to prepare, or serve, and sell or dispense food and is registered with a department/division of motor vehicles.

Mobile food vendor court means three or more mobile food vendors on the same property.

Mobile home means a single-family dwelling, factory-built and factory-assembled residence which does not comply with the National Manufactured Homes Construction Safety and Standards Act. (42 U.S.C. Section 5401 et seq., 1978, as amended).

Motor home means a vehicular designed unit built on, or permanently attached to, a self-propelled vehicle chassis, van, or chassis cab, which is an integral part of the complete vehicle, to provide temporary living quarters for recreational, camping, or travel use.

Motor vehicle repair shop means a shop or place of business used for the repair and maintenance of motor vehicles and other motor vehicle equipment as defined in § 42-1-102 C.R.S. The owner of all motor vehicle equipment on the property shall have a valid registration, have a registration or title applied for, or show a work order. Motor vehicle equipment for which the shop operator holds no valid registration or work order shall be classified as junk and shall not be kept, stored or worked on, in or on the property of a motor vehicle repair shop.

Mudflow means a flowing mass of predominantly fine grained earth material possessing a high degree of fluidity during movement.

Mulch means wood chips, bark, rock or other accepted material placed around plants to assist in moisture retention and weed prevention.

Municipality means an incorporated city or town.

Natural hazard means a geologic, floodplain, or wildfire hazard as identified by a State or federal agency.

Natural resource means existing natural elements relating to land, water, air, plant and animal life, including, but not limited to, soils, geology, topography, surface and subsurface waters, wetlands, vegetation and animal habitats.

Neighborhood means an area of a community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features, such as rivers. (Note: Historically, the neighborhood was defined as the area served by an elementary school, with shopping and recreation facilities to serve neighborhood residents. While the description is probably dated, the neighborhood designation is useful in analyzing the adequacy of facilities and services and in identifying factors affecting the quality of the built environment. In addition, as a distinct and identifiable area, often with its own name, neighborhoods are recognized as fostering community spirit and a sense of place, factors recognized as important in community planning.) Or: That area with definite boundaries as determined by the Director on a case-by-case basis to meet the intent and purpose of the code.

Neighborhood association means any group that has been recognized by the Community Development Department or has registered with the Community Development Department the boundaries of a particular area with which it is related and which the association represents.

Neighboring means any first or second lot in either direction along the same side of the street from the subject lot, or any lot that fronts directly across from the subject lot or first or second lot adjacent thereto.

Net floor area means the square footage of the primary use area of a building including restrooms, hallways and stairwells, but not including normally unoccupied areas such as garages, storage rooms, furnace areas, etc.

New construction means, for purposes of GJMC 21.07.010, Flood damage prevention, structures for which the “start of construction” commenced on or after the effective date of the ordinance enacting GJMC 21.07.010, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the ordinance enacting GJMC 21.07.010, Flood damage prevention.

Node means an identifiable grouping of uses subsidiary and dependent upon a larger urban grouping of similar or related uses.

Nonconforming means a legal use, structure, and/or development which existed prior to the adoption of this code or any amendment thereto, which does not presently conform to this code or its amendments.

Nonconforming structure or building means a structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Nonconforming use means a use or activity that was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Nonprofit means organizations having 501(c)(3) filing status with the Internal Revenue Service.

No-rise certification is a record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A no-rise certification must be supported by technical data and signed by a registered Colorado professional engineer.

Notice means the method of informing persons of requests, hearings, actions taken and similar actions. The form and specifics of notice will vary depending on the application, step and other factors.

Nursery means a place where plants are raised, acquired, and maintained for transplanting or sale.

Nursery/greenhouse/landscaping materials means a place where plants are raised, acquired, and maintained for transplanting or sale. It may also include, either exclusively or in conjunction with the above activities, the sale of materials commonly used for landscaping purposes, such as soil, rock, bark, mulch and other materials determined by the Director to be landscaping materials. Sale or rental of small landscaping tools and supplies may be an accessory use.

Nursery school/preschool/day care means a school and/or care facility which is licensed by the State and is maintained for the whole, or part of, the day for more than six children.

Nursing home means an establishment licensed by the State which maintains and operates, for compensation, continuous day and night facilities providing room and board, personal services, and medical care for two or more persons not related to the operator of the home.

Obstruction (relating to floodplains) means a dam, wall, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, fence, stockpile, refuse, fill, structure or material, in, along, across, or projecting into any drainageway, channel, or watercourse, which might impede, retard or change the direction of the flow of water, either by itself or by catching and collecting debris carried by the water, or which is placed where the 100-year flood may carry the debris downstream.

Off-site improvement means improvements required to be made off site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities and traffic improvements.

Off-site parking means parking provided for a specific use, but located on a site other than the one on which the specific use is located.

Off-street parking space means the space required to park one vehicle, exclusive of access drives, and not on a public right-of-way.

One-hundred-year (100-year) flood means a flood having a recurrence interval that has a one percent chance of being equaled or exceeded during any given year (one-percent-annual-chance flood).

One-hundred-year (100-year) floodplain means the area of land susceptible to being inundated as a result of the occurrence of a 100-year flood, including the low land near a watercourse which has been, or may be, covered by water of a flood of 100-year frequency, as established by engineering practices of the U.S. Army Corps of Engineers and/or the Colorado Water Conservation Board.

Open mining means the mining of natural mineral deposits by removing the overburden lying above such deposits and mining directly from the deposits exposed. The term includes, but is not limited to, such practices as open cut mining, open pit mining, strip mining, quarrying and dredging.

Open space means any property or portion without any structure or impervious surface and not designated and used for a specific purpose.

Open space, common means open space within a development that is owned in common by a homeowners’ association and which is designed and intended for the common use or enjoyment of the residents or occupants of the development. Common open space does not include areas used for streets, alleys, driveways or off-street parking or loading areas. However, the area of recreational activities such as swimming pools, tennis courts and other recreation facilities may be counted as common open space.

Open space fee means a fee paid by the developer of a new residential development to the City for the purpose of acquisition and development of open space.

Other animals means those animals not already defined as household pets or agricultural animals.

Outdoor cultural events means entertainment, educational and cultural events generally involving the outdoor assembly of 50 or more people.

Outdoor living area means any property or portion thereof which is permanently set aside for public or private use, is landscaped with living plant material (a minimum of 75 percent coverage), and will not be further developed. The area can include landscape buffers. The area calculation excludes detention areas, parking areas, and driveways.

Outdoor storage means the keeping, in an unenclosed area, unscreened, of any goods, junk, material, merchandise, vehicles and vehicles for repair, in the same place for more than 48 hours. See GJMC 21.04.040(h).

Outline development plan (ODP). An ODP is required for a planned development. The purpose of an ODP is to demonstrate conformance with the Comprehensive Plan in addition to the approval criteria in GJMC 21.02.150(b)(2).

Overburden means all the earth and other materials which lie above natural mineral deposits or materials disturbed from their natural state in the process of mining and/or other development.

Overflow parking means any off-street, ground level open area used for the temporary storage of excess motor vehicles.

Overlay district means a zoning district which has been superimposed over basic districts to address development constraints which require special attention and treatment and to alert developers to issues they need to address in preparing an application for development.

Owner means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

Parcel means an area of land defined by a legal description and recorded with the County Clerk and Recorder.

Park impact fee means a fee paid by the developer of a new residential development to the City for the purpose of acquisition and development of park facilities.

Parking garage means an attached or detached building which is intended for the storage of motor vehicles and is available for use by the general public for free or for a fee.

Parkway strip means the undeveloped portion of right-of-way between the back of curb and the detached sidewalk.

Pedestrian right-of-way means a right-of-way or easement dedicated for public pedestrian access.

Persigo Agreement means the agreement between the City of Grand Junction and Mesa County, signed on October 13, 1998, setting forth the agreed upon boundaries of the 201 Sewer District and how development and annexation shall occur within those boundaries.

Person means natural persons as well as any other entity recognized by law, including: association, partnership, corporation, and joint venture, whether for-profit or nonprofit.

Pervious surface means any material that permits full or partial absorption of stormwater into previously unimproved land.

Petitioner means an applicant.

Pharmacy means a building, or part of a building, used for the dispensing of medicines or medical supplies only.

Phasing means development undertaken in a logical time and geographical sequence.

Planned development (PD) means an area of land zoned and improved as a development for which the otherwise applicable bulk use and other requirements may be modified in order to allow for more flexible planning in conformance with the development approval process.

Planning clearance means a permit that allows development to proceed, a use to be made or maintained or improvements, including structures to be built.

Planning Commission means the City of Grand Junction’s Planning Commission. Also referred to as Commission.

Plat means a map approved by the City which creates lots or tracts and is recorded, surveyed and legally described land, having appropriate dedication and/or restrictions, which is an instrument for recording of real estate interests with the Mesa County Clerk and Recorder’s office.

Plat, final means a map of all or a portion of a subdivision or site plan that is presented to the approving authority for final approval.

Portable sign. See Sign, portable.

Preliminary plan means the map or maps of a proposed development and supporting materials which permit the evaluation of the proposal prior to final detailed engineering and design.

Preliminary subdivision plan means a map indicating the proposed layout of the subdivision or site plan that is submitted to the approving authority for preliminary approval.

Principal arterial means a street, as identified in the Grand Junction Circulation Plan, which provides a network of continuous routes serving intrastate and interstate travel as well as interurban and intraurban travel.

Principal structure means the structure in which the principal use of a property is conducted. This shall include any buildings which are attached to the principal structure by a covered structure.

Principal use means the main or primary use of a parcel of land.

Private means anything not owned or operated by the federal government, State government, or any political subdivision.

Produce stand means a temporary open air stand or place for the seasonal selling of agricultural produce. A produce stand must be portable and capable of being dismantled or removed from the sales site. (See also Farmers’ market.)

Professional office means an office of a member of a recognized profession maintained for the conduct of that profession and not including storage or sale of merchandise as a primary use.

Projection means the distance by which a sign extends over public property.

Property means a lot, parcel, tract or other real estate. Separate parcels, lots, tracts and/or other real estate which are under the same ownership and which adjoin or abut are, for the purposes of this code, treated as one lot, parcel or tract or other real estate, even if classified as different tax parcels and even if separated by a right-of-way, watercourse or similar barrier.

Public means anything owned or operated by the federal government, State government, or any political subdivision.

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

Public hearing means a public meeting for which public notice has been given and an opportunity for public testimony is provided.

Public land for dedication and ownership means parks, playgrounds, schools, drainage channels, trails, highways, roads and streets or other areas of land accepted by the City Council and dedicated for the public’s use or benefit.

Public meeting means a meeting of a board, Planning Commission, City Council or their representatives where the public may attend.

Public notice means notice to the public of a public hearing or meeting as required by State or local law. See GJMC 21.02.070(a)(3) and 21.02.080(g).

Public right-of-way means any street, road, highway, alley, pedestrian/bicycle way or other special purpose way or utility installation owned by, or reserved to, the public for present or future public use.

Public trail means any pathway designed for public recreation.

Public use means a use which is owned by, and operated for, the public by a public entity.

Public use heliport means a heliport or helipad that has been designed for use by the public and is available for such, whether owned or operated by a governmental agency or a private entity, provided that such entity has agreed, in writing, to that use of its property.

Reclamation means rehabilitation of plant cover, soil stability, water resources, and other measures which will allow or cause flora to permanently grow on land.

Recorded/record means a document filed with and indexed by the Mesa County Clerk and Recorder.

Recreation, active means leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields.

Recreation, passive means activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, card games, chess, checkers and similar table games.

Recreational vehicle means all vehicles, with or without motive power, designed, converted or used to provide temporary living quarters that include four or more of the following permanently installed facilities: cooking, refrigeration or ice box, self-contained toilet, heating and/or air conditioning, potable water supply system including faucet and sink, separate 110 to 125 volt electrical power supply and/or LP gas supply. Recreational vehicles shall also include the following: all watercraft subject to registration by the State of Colorado, all motorcycles, mini bikes, all-terrain vehicles (ATVs), go-carts and similar vehicles with motive power that are prohibited from operating on a public street by the State of Colorado. All other vehicles and crafts designed to carry one or more adults used primarily for recreational purposes that are prohibited from operating on a public street by the State of Colorado, all trailers designed or used to carry any recreational vehicle described herein.

For the purposes of this code, an empty trailer or a recreational vehicle not on a trailer shall each be counted as one recreational vehicle. However, a trailer carrying one or more recreational vehicles shall together be counted as one recreational vehicle. Also includes a semi-trailer, loaded or unloaded, utility trailers, loaded or unloaded, or any other type or use of a trailer.

Recreational vehicle park means any lot or parcel developed to provide spaces and facilities for the temporary residential use of two or more recreational vehicles.

Recreational vehicle resort means an integrated development where recreational vehicles are used for temporary residential purposes in conjunction with recreational and social centers designed to provide a significant portion of the recreational and social needs of the occupants of the resort.

Recreational vehicle space means a parcel of land within an approved recreational vehicle park, shown in the records of the City of Grand Junction Community Development Department, and which was designed and intended for the accommodation of one recreational vehicle.

Recycling center/facility means a structure or facility in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products.

Recycling collection point means an incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located on a shopping center parking lot or in other public/quasi-public areas, such as churches and schools.

Regulation, as used in this code, means an applicable provision of this code or any other requirement promulgated under this code or the code of ordinances.

Rental, heavy equipment means the use of any building, land area or other premises for the rental of heavy equipment, large trucks, trailers, or other similar items.

Rental, home oriented means a business providing items for rent which are generally found or used in and around the home including, but not limited to, furniture, appliances and small equipment, but not including heavy equipment.

Request means a writing seeking a planning clearance. This is the same as an application.

Required public facilities means any improvement, facility, or service together with its associated site or right-of-way necessary to provide transportation, drainage, utilities, or similar essential services and facilities and that are usually owned and operated by a governmental agency.

Residence means a home, abode, or place where an individual is actually living at a specified point in time.

Residential care facilities means a home for no more than eight developmentally disabled residents as defined by the State Department of Health.

Residential group homes means a facility which is licensed by the State to provide supervised living quarters for no more than eight persons who are developmentally disabled or recovering from a medical condition, but not including persons who have been convicted and are under a court’s supervision for any violent crime.

Residential receiving home means a residential structure housing not more than 10 children up to 18 years, unrelated by blood, marriage, or adoption to head of household, who are awaiting disposition to foster homes or other accommodations.

Restaurant means an establishment serving food and beverages where all service takes place within an enclosed building or accessory outdoor eating areas.

Resubdivision means the changing of an existing parcel created by a plat and recorded with the County Clerk and Recorder.

Retaining wall means a manmade barrier constructed for the purpose of stabilizing soil, retarding erosion, or terracing a parcel or site.

Revision means the changing and/or rescinding of zoning and other land use approvals following notice and an opportunity for objection. The status of the land use approvals, including zoning and/or subdivision approvals, may be that which was applied previously to the property or may be a new and/or different zoning or other land use status.

Revocable permit means a permit issued by the City Council, pursuant to Section 127 of the City Charter, allowing the construction in, or use of, a public right-of-way and revocable after 30 days’ notice.

Ridgeline means the highest elevation of a mountain chain or line of hills; the intersection of two roof surfaces forming the highest horizontal line of the roof.

Right-of-way means a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer, and other similar uses; generally, the right of one to pass over the property of another.

Roadway means the improved portion of a street within a right-of-way and/or easement.

Roof line means the highest edge of the roof or the top of parapet, whichever establishes the top line of the structure when viewed in a horizontal plane.

Rooming/boarding house means a building containing a single dwelling unit and three or more rooms where lodging is provided, with or without meals, for compensation. “Compensation” may include money, services or other things of value. A rooming/boarding house differs from a group living facility in that a boarding and rooming house does not have staff and its residents do not receive care, treatment or assistance with daily living at the facility. For purposes of this definition, receiving compensation in the form of rent or “room and board” does not render someone “staff”; staff is compensated by a salary or rate of pay based upon hours worked or work accomplished.

Rubbish includes but is not limited to food waste, ashes and other solid, semisolid and liquid waste, by-products and generally decomposable residue taken from residences, commercial establishments and institutions. Rubbish may also be known as/referred to as “garbage,” “trash,” or “waste” as those terms are used and/or defined in this code or any other City code, law, rule or regulation.

Sanitary facility means a facility providing a toilet and washbasin that may or may not be connected to a central sanitary sewer system.

Satellite dish means an antenna, consisting of radiation elements that transmit or receive radiation signals, that is supported by a structure with or without a reflective component to the radiating dish, usually circular in shape with a parabolic curve design constructed of a solid or open mesh surface and intended for transmitting or receiving television, radio, microwave signals or other electromagnetic waves to or from earth satellites.

Screening means shielding, concealing and effectively hiding from view of a person standing at ground level on an abutting site, or outside the area of the feature so screened by a wall, fence, hedge, berm or any combination of these methods, or any similar architectural or landscaped feature, such as a landscape perimeter strip or bufferyard. (See GJMC 21.06.040, Landscape, buffering and screening standards.)

Secure facilities means as defined by § 19-1-103 C.R.S., as amended.

Secured/security means cash, letter of credit or other readily available source of money, pursuant to GJMC 21.02.070(m).

Seismic effects means direct and indirect effects caused by an earthquake or manmade phenomena.

Service club means a group of people organized for a common purpose to pursue common goals, interests, or activities, are not commercial in nature, and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.

Service lines means electric, gas, communication, water, sewer, irrigation and drainage lines providing local distribution or collection service.

Service yard and/or entrance means an area and/or entrance to a structure, which is used for pickup and delivery, especially in conjunction with retail and wholesale outlets.

Setback means the minimum distance between a structure and a property line of a parcel of land or other established reference point.

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.

Shrub means a woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen.

Sight distance triangle means a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Sign means any device, fixture, placard, structure, painted surface, or part thereof that uses any color, word, written representation, graphic symbol, logo, letters, illumination, numbers, or writing to advertise, announce or identify the purpose of, a person or entity, to advertise or merchandise a product or service, or to communicate written information to the public. (See graphic.)

Sign, awning means a sign that is mounted, painted or attached to an awning.

Sign, monument means a sign other than a pole sign in which the entire bottom is in contact with, or is close to, the ground and is independent of any other structure.

Sign, facade is a sign painted on a wall of a building with or without a background. A facade sign shall not project from the building on which it is painted.

Sign, flush wall means a sign attached to, or erected against, the wall of a structure which has the sign face in a plane parallel to the plane of the wall and which does not extend more than 12 inches from the building face. (See graphic.)

Sign, freestanding means a sign structure which is supported by one or more columns, uprights, poles or braces extended from the ground or which is erected on the ground. (See graphic.)

Sign, illegal means a sign which is in violation of the requirements of this code except for those signs qualifying as nonconforming (see sign regulations, GJMC 21.06.070).

Sign, integral means a sign that is carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure.

Sign, permanent means a sign which is securely attached to the ground or a structure so that it cannot readily be moved.

Sign, portable means a sign which is not permanently attached to the ground or a structure. A sign that is mounted or erected upon a vehicle, van, truck, automobile, bus, railroad car or other vehicle which is not registered and not in operating condition shall be considered a portable sign. (See graphic.)

Sign, projecting means a sign attached to a structure wall and extending outward from the wall more than 12 inches. (See graphic.)

Sign, roof top means a sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof. (See graphic.)

Sign, wind driven consists of one or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons or other objects or materials designed or intended to move when subjected to pressure by wind or breeze and by that movement attract attention and function as a sign (see definition of Sign).

Sign without backing means any word, letter, emblem, insignia, figure or similar character or group thereof that is neither backed by, incorporated in, or otherwise made a part of any larger display.

Significant landscape feature means any outstanding natural element, including, but not limited to, vegetation, rock outcrops, and prominent landforms.

Single-family residence means a structure containing cooking and bathing facilities that is arranged, designed, and intended to be the residence of one family. (See Family.)

Site plan means the development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands and waterways; landscaping and open spaces, walkways, means of ingress and egress, circulation, utility services, structures and buildings, signs and lighting, berms, buffers, and screening devices, surrounding development, and any other information that reasonably may be required in order that an informed decision can be made by the approval authority.

Special flood hazard area means the land in the floodplain within the City subject to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

SSID means Submittal Standards for Improvements and Development as adopted by the City of Grand Junction.

Staff means the staff of the Grand Junction Public Works and Planning Department.

Start of construction includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvements was within 180 days of the permit date. The “actual start” means the first placement of a permanently constructed structure on a site, such as the pouring of slab or footings, the installation of pilings, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Stealth or concealed means any tower or telecommunications facility which is designed to enhance compatibility with adjacent land, buildings, structures and uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements and towers designed to not look like a tower, such as light poles, power poles and trees. The term “stealth” does not necessarily exclude the use of uncamouflaged lattice, guyed or monopole tower designs.

Storage means primarily for vehicles when in transit or being worked on. Also the temporary storage of goods and equipment.

Street means any public or private roadway, but not an alley.

Street, primary means the principal frontage for a building site, as defined during site plan review.

Street, side means the frontage that is not a primary street, as defined during site plan review.

Streetscape means the landscaping and other manmade objects located within the public right-of-way which add variety and are placed for aesthetic purposes as well as functional, pedestrian guidance and traffic control.

Structure means anything constructed or erected which requires location on or in the ground, or is attached to something having a location on the ground or anything as defined by the International Building Code. Structures do not include ditches and their appurtenances, poles, lines, cables, transmission or distribution facilities of public utilities, freestanding mailboxes, on grade slabs, walks, driveways, landscaping materials or fences, except that fences in excess of six feet shall be considered a structure. (See also Building.)

Subcommunity means a node.

Subdivision means the division of land into two or more parcels, separate interests including condominium(s) and leasehold interest(s), or interests in common, unless exempted of this code. (See GJMC 21.02.070(q).) Unless the method of disposition is adopted for the purpose of evading any provision or purpose of this code, the term “subdivision” shall not apply to any division of land:

(1)    Which is created by order of any court in this State, but only if the City Attorney has received sufficient notice of the proposed order so that the City may object thereto, as its interests may dictate;

(2)    Which is created by a lien, mortgage, deed of trust, or any other security instrument which became effective prior to June 1, 1989;

(3)    Which is created by a security or unit of interest in any investment trust regulated under the laws of this State or any other interest in any investment entity which became effective prior to June 1, 1989;

(4)    Which creates cemetery lots;

(5)    Which creates an interest or interests in oil, gas, minerals or water which are now or hereafter severed from the surface ownership of real property; or

(6)    Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, so long as any partition so that the City may object thereto, as its interests may dictate; any such interest shall be deemed, for the purposes of this code, as only one interest.

Substantial damage means damage to a structure from one event not due to the knowing act of the owner such that the cost to restore the damage is 50 percent or more of the fair market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, which costs 50 percent of the market value of the structure before the “start of construction” of the improvement. Substantial improvement includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not include either:

(1)    Any improvement of a structure to correct existing violations of any code which the local code enforcement official determines and are necessary to make the structure safe or habitable; or

(2)    Any alteration of a “historic structure,” if the alteration shall not preclude the structure’s continued designation as a “historic structure.”

Surveyor means a land surveyor registered by the State of Colorado.

SWMM means the Stormwater Management Manual (GJMC Title 28) as adopted by the City.

TEDS means the Transportation and Engineering Design Standards (GJMC Title 29) as adopted by the City.

Telecommunications facilities means cables, wires, lines, wave guides, antennas, other equipment and facilities and any other equipment or facilities associated with the transmission or reception of electromagnetic waves and/or communications which are located or as a part of a tower or antenna support structure.

Temporary use or structure means any use or structure placed on a parcel of land for a period of short duration, if permitted pursuant to Chapter 21.04 GJMC, typically for four months or less.

Threshold planning quantity (TPQ) means a quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the State that such facilities are subject to emergency planning requirements.

Tip out or slide out means a recreational vehicle component which is within the main structure of the recreational vehicle while traveling and either tips or slides out when used as a living area. A tip out or slide out shall be structurally supported directly to the ground.

Tower means a self-supporting latticed, guyed or monopole structure constructed from grade which supports a telecommunications facility. The term “tower” shall not include amateur radio operators’ equipment, as licensed by the FCC.

Traffic means as calculated by the Director, according to National or other Director approved objective standards, such as the Institute of Traffic Engineers publications. If an applicant provides proof that actual traffic will be different, the Director may vary from the approved standards.

Transient means housing or accommodations which are typically occupied by residents for periods of two weeks or less, including, but not limited to, hotels, motels and travel lodges.

Transit operator means the person or entity authorized to operate a transit system pursuant to either a revocable permit or a license; such person or entity may also be termed “permittee.”

Transmission lines means electric lines (115 KV and over) and appurtenant facilities; or pipelines/conveyors (10 inches diameter or larger) and appurtenant facilities for transporting natural resources, chemicals, petroleum derivatives, or waste substances.

Travel trailer means a vehicle or portable unit mounted on its own chassis and wheels which does not exceed eight feet in width and/or 40 feet in length, is drawn by a motor vehicle, and provides temporary living quarters for recreational, camping or travel use.

Tree means a woody perennial plant having a single, usually elongate main stem generally with few or no branches on its lower part.

Tree, deciduous means plants that drop their foliage annually before becoming dormant.

Truck camper means a portable unit consisting of a roof, floor and sides designed to be loaded onto, and unloaded from, the bed of a pickup truck, and provides temporary living quarters for recreational, camping or travel use.

Truck parking area means an area for the parking of trucks, which is often left with either their motors running and/or their refrigerator unit motors operating.

201 Planning Area means a regional plan for sewage collection and treatment to prevent pollution of the State’s waters; the boundaries are defined by the official map, a copy of which is kept by the Director.

Underground pressurized irrigation system means a watering system for landscaped areas, consisting of underground pressurized pipes connected to sprinkler heads, bubbler heads, or drip systems such that 100 percent irrigation water coverage is provided.

Unoccupied means a dwelling in which no individual resides or a public, commercial, or industrial building, where no storage or use of equipment, merchandise, or machinery is kept for a period of time.

Urban area means the definite boundary inside which the only development will occur by annexing to the City. See 1998 Persigo City/County Agreement.

Use means the purpose for which land or a structure is designed, arranged, intended or occupied.

Use, interim means the type of buildings and activities existing in an area, or on a specific site or parcel, for an interim period of time. Such interim use shall not hinder the ability to redevelop the site or parcel at the density or intensity envisioned by the Comprehensive Plan. The scope and duration of an interim use shall be determined by special permit and approved by the City Council.

Utilities means any agency that provides essential or basic services and facilities such as electricity, gas, water (domestic and irrigation), sewage disposal, drainage systems, solid waste disposal, television, telecommunications, telephone, railway, etc.

Utility structures means electric transformers, switch boxes, telephone pedestals and telephone boxes, cable television boxes, traffic control boxes, and similar devices.

Variance means a grant of relief from the requirements of this code which permits construction in a manner that would otherwise be prohibited by this code.

Vested right means a right that cannot be changed or altered by changes in regulation.

Wall includes the following:

(1)    The vertical exterior surface of a building;

(2)    Vertical interior surfaces that divide a building’s space into rooms; or

(3)    A vertical architectural partition used to divide, separate or enclose an outside area, a masonry fence (see definition of “fence”).

Water surface elevation means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Water wise means landscape methods which conserve water through the use of drought-tolerant plants, planting and irrigation techniques.

Watercourse means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed, and bank and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wildlife habitat resource area means a geographical area identified by a State or federal agency that contains elements of food, water, cover, or space, alone or in combination, which are adequate to support a rare, threatened or endangered species for at least a portion of a year.

Working day means a business day; those days the Public Works and Planning Department are open to the public for business. Holidays, Saturdays and Sundays are not working days.

Yard means an existing or required open space on a parcel with a principal structure. A yard shall be open, unoccupied and unobstructed from the ground to the sky, except as otherwise provided in this code.

Yard, front means a yard extending across the full width and depth of the lot between a road right-of-way or access easement line and the nearest line or point of the building. (For flag lots, see Yard, side.) (See GJMC 21.03.030, Measurements.)

Yard, rear means a yard extending across the full width and depth of the lot between the rear lot line and the nearest line or point of the building. (See GJMC 21.03.030, Measurements.)

Yard setback means the minimum horizontal distance between any building and the property line.

Yard, side means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building. This side yard definition may apply for three sides of a flag lot if the flagpole portion of the lot exceeds the front yard setback. (See GJMC 21.03.030, Measurements.)

Yard, side setback means the minimum horizontal distance between any building and the side property line.

Zero lot line means the location of a building on a lot in such a manner that one or more of the building sides rests directly on a lot line.

Zone/zoning district means a mapped area with a particular set of rules and regulations which limits the types of uses. See GJMC 21.03.020(c) and 21.04.010. “Zone” is the same as “district.”

(Ord. 4955, 9-2-20; Ord. 4918, 5-6-20; Ord. 4908, 3-4-20; Ord. 4858, 6-5-19; Ord. 4813, 8-15-18; Ord. 4744, 4-5-17; Ord. 4737, 2-1-17; Ord. 4710, 7-20-16; Ord. 4601, 9-4-13; Ord. 4583, 4-17-13; Ord. 4546, 7-18-12; Ord. 4428, 6-14-10; Ord. 4419, 4-5-10)