Ordinance No. 4419 (Word Version) - 2010 - AN ORDINANCE REPEALING THE 2000 ZONING AND DEVELOPMENT CODE, REPEALING CERTAIN SECTIONS OF THE TRANSPORTATION ENGINEERING DESIGN STANDARDS MANUAL AND ADOPTING THE 2010 ZONING AND DEVELOPMENT CODE

AN ORDINANCE REPEALING THE 2000 ZONING AND DEVELOPMENT CODE, REPEALING CERTAIN SECTIONS OF THE TRANSPORTATION ENGINEERING DESIGN STANDARDS MANUAL AND ADOPTING THE 2010 ZONING AND DEVELOPMENT CODE

In August 2007, the City and Mesa County recognized the need to replace the outdated City-County Growth Plan. A new plan was needed to guide the growth of the community for the next 25 years. On February 17, 2010, the Grand Junction City Council adopted the Grand Junction Comprehensive Plan (Plan).

In order to implement the Vision and Goals of the Comprehensive Plan, the Zoning and Development Code (Code) needed to be updated. The City’s Code is dated and cannot fully implement the new Comprehensive Plan.

With input from community stakeholders, staff and City Council, the proposed Zoning and Development Code has been updated and revised to ensure that it will implement the new Comprehensive Plan.

After public notice and public hearing as required by the Charter and Odinances of the City, the Grand Junction Planning Commission recommended approval of the proposed 2010 Zoning and Development for the following reasons:

The request is consistent with the goals and policies of the Comprehensive Plan.

The proposed updated Zoning and Development Code will help implement the vision, goals and policies of the Comprehensive Plan.

After public notice and public hearing before the Grand Junction City Council, the City Council hereby finds and determines that the proposed 2010 Zoning and Development Code will implement the vision, goals and policies of the Comprehensive Plan and should be adopted.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:

The following sections of the Transportation Engineering Design Standards Manual are hereby repealed:

The updated Zoning and Development Code, also known as the 2010 Zoning and Development Code, attached hereto and incorporated by this reference as if fully set forth, is hereby adopted.

INTRODUCED on first reading the 15^th day of March, 2010 and ordered published in pamphlet form.

PASSED and ADOPTED on second reading the 5^th day of April, 2010 and ordered published in pamphlet form.

These regulations shall be known and cited as the City of Grand Junction Zoning and Development Code (“Code”). The Code has been adopted pursuant to Ordinance No. 4419 dated April 5, 2010, and as amended thereto.

The City of Grand Junction (“City”) is authorized by its home rule powers pursuant to the Colorado constitution and the City of Grand Junction Charter. The City Council chooses to exercise broad powers including the regulation of zoning, planning, and subdivision of land. In addition, the City Council intends that all other available powers shall support this Code including those powers and those provided by state law, such as but not limited to municipal powers, Planning and Zoning 31-23-101, et seq., C.R.S.; 30-28-201, et seq., C.R.S.; 29-20-101 et seq., C.R.S.; the power to designate and administer areas and activities of state interest, 24-65.1-101, et seq., C.R.S.; regulation of Planned Unit Development, 24-67-101, et seq., C.R.S. If other authority is available because of changes in statutory and case law, state and federal, the City Council intends to avail itself of those resources as well.

This Code shall apply to all territory, uses and facilities within the City’s limits, and to public and private lands, all uses thereon, and all structures and buildings over which the City has jurisdiction under the constitution and laws of the state of Colorado of the United States or pursuant to the City’s powers.

The Code is intended to enable the City to uniformly and consistently evaluate, improve and approve, as appropriate, development, changes to existing uses, future uses and activities and to promote the health, safety and general welfare of the citizens and residents of the City. Not all situations will fall into easily identifiable processes and requirements. This Code provides flexibility in dealing with situations in general, and especially those which do not fit well with typical processes and standard requirements. The elements that make up this Code are interrelated and cannot be taken in isolation; all provisions and regulations must be taken within the context and intent of the entire Code.

The provisions of this Code shall be severable. If any provision is declared invalid by a court of competent jurisdiction, the effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and such decision shall not affect, impair or nullify this Code as a whole or any other part thereof.

The Code is intended to implement the goals and policies of the Grand Junction Comprehensive Plan, as amended (“Comprehensive Plan”) and to be consistent with the Comprehensive Plan.

This Code sets the minimum requirements necessary for the promotion of public health, safety, and welfare. In many instances, the public is best served when such minimums are exceeded. If any other applicable law, rule, contract, resolution or regulation of the City, county, state or federal government contains standards covering the same subject matter, the more restrictive requirement or higher standard shall control.

This Code is not intended to affect any private agreement or condition such as a deed restriction or covenant. If any provision of this Code is more restrictive or imposes a higher standard than any such private restriction, the requirements of this Code shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this Code, the City has no duty to enforce such private restrictions, but may do so if otherwise authorized.

The Director may waive any or all provisions of this Code during a local emergency declared by the City’s mayor or City Manager. A wildfire, flood or other catastrophic situations are examples of a local emergency.

Any person who violates any provision of the prior Code shall be subject to the provisions of that Code which shall remain in effect for these purposes.

A lawful nonconformity under the previous Code may remain as a nonconformity, so long as use or location is continuous. Any expansion or increase that is not permitted by this Code is unlawful.

To each Application for which an application is made after April 5, 2010; and each development approved after April 5, 2010; and

If the Planning Commission or City Council finds that the development schedule has not been met, the Development has been abandoned, or is not in compliance with the 2000 or former Zoning and Development Code.

An applicant may elect to use the provisions of the 2010 Code any time after the effective date; however, an election to use the new Code shall lock the applicant into the 2010 Code.

To each Application for which an application was made after July 26, 2000 and approved prior to April 5, 2010; and

If the Planning Commission or City Council finds that the development schedule has not been met, the Development has been abandoned, or is not in compliance with the former Code.

An applicant may elect to use the provisions of the 2000 Code any time after the effective date; however, an election to use the new Code shall lock the applicant into the 2010 Code.

A decision by either the Planning Commission or the City Council to apply this Code or the former Code is not appealable other than in accordance with Colorado Rule of Civil Procedure 106.

In addition to the powers and duties in the City Charter Article VI, the City Council shall:

Making changes to zones and the zoning maps, including rezonings and planned developments;

Approval and/or amendment to planned development preliminary plans for those developments for which the City does not recognize a valid outline development plan;

Approval of a vested right as provided in this Code for a site specific development plan;

Appeals of Planning Commission decisions and recommendations (See Section 21.02.060);

The Planning Commission for the City shall consist of seven regular members and two alternate members. The alternate members shall otherwise have the qualification of regular members of the Commission. At the time of appointment, the City Council shall designate one alternate member as the first alternate and the other as second alternate. Each alternate member shall attend all meetings and shall serve during the temporary unavailability, including recusal, of any regular Commission member as may be required. Alternate members, in addition to other duties prescribed by this Code, shall be allowed to vote in the absence of regular members according to their priority: the first alternate shall fill the first vacancy and both alternates shall vote in the absence of two regular members. When a regular member resigns, is removed or is no longer eligible to hold a seat on the Commission, the first alternate shall fill the vacancy and the second alternate shall be designated as the first alternate. The City Council shall then name a replacement second alternate. The Planning Commission Alternates, the Chairman and two other persons to serve at-large, shall serve as the Zoning Board of Appeals and shall discharge the duties of the Board as described and provided for in this Code. The Director of the Grand Junction Public Works and Planning Department and/or appointed representative shall serve as staff to the Commission.

The members shall be residents of the City of Grand Junction and shall represent the interests of the City as a whole. No member shall be employed by the City, hold any other City office nor be a contractor with the City. The Commission members shall be selected from the fields of engineering, planning, architecture, construction trades, and law and citizens-at-large.

Members of the Commission shall serve terms of four years. Members are limited to two consecutive terms.

All vacancies shall be filled by appointment of the City Council. If a Commission member ceases to reside in the City, his/her membership on the Commission shall immediately terminate and an appointment made to fill the unexpired term.

Members of the Commission may be removed after public hearing by the City Council. Removal may be for inefficiency, neglect of duty, malfeasance or misfeasance in office. The City Council shall make public a written statement of reasons for removal prior to any public hearing seeking removal of a member.

Planning Commission meetings shall be regularly scheduled not less than once a month, provided there are pending items or matters to be brought before the Commission, at a time and place designated annually by resolution of the Council. Special meetings may be held as provided by rules of procedure adopted by the Commission and/or this Code or law. The presence of four voting members is necessary to constitute a quorum.

All members of the Commission shall be compensated, as the City Council deems appropriate by resolution.

Except as otherwise provided by the Code, ordinance, rule, policy or regulation of the City Council, the Commission shall be governed by 31-23-201, et seq., C.R.S. The Commission and other city officials mentioned in 31-23-201, et seq., C.R.S. shall have all the powers provided for therein and shall be governed by the procedures set forth by this Code and/or law, ordinance, rule regulation or policy of the City Council. The Planning Commission’s powers and duties include, but are not limited to:

(1) Recommend to the City Council all requests for adoption or amendments to:

The text of this Code and the Zoning Map, including zoning for newly annexed territory;

Vacating public right-of-way and easements pursuant to 43-2-301, et seq., C.R.S.;

The Zoning Board of Appeals for the City shall consist of five members, each of whom shall be a City resident and shall represent the interests of the City as a whole. The City Council shall consider citizens with experience in the fields of engineering, law, surveying, development, planning, architecture and construction, as well as citizens-at-large.

The membership of the Board shall be comprised of the Chairman of the Planning Commission, the designated Planning Commission alternates and two at-large members.

Members of the Board shall serve terms of four years coincident to their terms on the Planning Commission. Members are limited to two consecutive terms.

All vacancies shall be filled by appointment of the City Council. A member’s seat on the Board shall be vacant when the member ceases to reside in the City.

The City Council may remove any member of the Board after public hearing for good cause including inefficiency, neglect of duty, malfeasance or misfeasance in office. The City Council shall make public a written statement of reasons for the removal prior to said public hearing.

The Board shall meet at least once a month, provided there is business to be brought before the Board. Special meetings may be held as provided by rules of procedure adopted by the Board. Three members constitute a quorum.

A majority of a quorum of the Board shall be sufficient to conduct the business of the Board. A lesser number than a quorum may act to adjourn or continue a meeting.

Members shall be compensated as the City Council deems appropriate by resolution.

Except as otherwise provided by this Code, ordinance, rule, policy or regulation of the City Council the Zoning Board of Appeals shall be governed by Section 31-23-307, C.R.S. The Board shall have the power and duty to decide:

Requests to vary the bulk, performance, accessory use, use-specific standards or sign regulations of this Code;

Requests for relief from the Nonconforming provisions established in Chapter 21.08; and

Variances to any provision of this Code not otherwise assigned to another review body.

For appeals relating to building codes, see Section 112 of the International Building Code (IBC).

The Director of the Public Works and Planning Department (“Director”) serves at the direction of the City Manager. The Director shall decide requests for a:

The Director of Public Works and Planning shall obtain and maintain the following information:

The actual elevation (relative to mean sea level) of the lowest floor (including basement) of each structure;

For each new or substantially improved floodproofed structure, the actual elevation (relative to mean sea level) to which the structure has been floodproofed and the floodproofing certifications required in Section 21.07.010; and

The Director of Public Works and Planning shall require proof that the applicant has:

Notified adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse. The Director of Public Works and Planning shall submit evidence of such notification to the Federal Emergency Management Agency; and

Demonstrated that maintenance is provided for within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

The Director of Public Works and Planning shall interpret the Flood Insurance Rate Maps (FIRM) to decide location of the boundaries of the areas of special flood hazard.

The following table summarizes the required review and approval authority provided under this zoning and development code.

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

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

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

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

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

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

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

Application materials and deadlines are available from the Director and are contained in the Submittal Standards for Improvements and Development Manual.

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

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

A neighborhood meeting is required for subdivision applications except for Simple Subdivisions and Minor Exemption Subdivisions. See Section 21.02.080(e)for Neighborhood Meeting requirements.

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

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

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

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

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

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

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

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

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

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

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

No permit may be approved by the Director unless all of the following criteria are satisfied:

Public facilities and utilities shall be available concurrent with the Development.

The Director’s decision is final unless the Director receives written appeal within ten working days of the date the City’s records show the notice of decision was mailed. A permit shall be amended through the process it was originally approved.

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

The Director may extend the permit for up to 180 more days if the applicant proves he/she can complete the project in conformance with currently adopted codes and policies, except the Director may grant one extension of twelve months for a Preliminary Subdivision or unrecorded Final Plat.

No person shall establish, construct, modify or expand a use or a structure until both a planning clearance and a building permit, if required, has been issued. This Section does not apply to a permit for a fence or sign, as both are otherwise regulated by this Code.

Home occupation permits are needed to ensure that all home occupations are conducted in a safe manner without adverse affects on neighboring properties.

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

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

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

A temporary use shall comply with the use specific standards of Section 21.04.050.

No person shall change the use of a structure or property to another principal use unless and until the Director has issued a change of use permit. A change of use from residential to any other use requires a Minor site plan review. A change of use does not occur unless:

The Code requires more off-street parking for the new use than is available on the property;

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

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

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

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

The Director reviews site plans to determine compliance with this Code, the Comprehensive Plan, adopted corridor guidelines and other applicable regulations.

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

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

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

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

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

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

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

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

The process for boundary adjustments allows the Director to approve boundary line adjustments as allowed by state law.

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

The Director may permit up to a ten percent deviation from any bulk standard, including maximum building size, upon a finding of compliance with the goals and policies of the Comprehensive Plan. The purpose of this process is to permit inconsequential deviations from the zoning district bulk standards where deviation(s) are desirable but cannot be accommodated through a strict application of the bulk standards.

The Director may permit an accessory structure in a required front yard or the side yard of a corner lot upon a finding of compliance with the criteria of Section 21.02.200, Variance.

An administrative adjustment shall be granted only when the applicant establishes that all of the following criteria are satisfied.

Requests for an administrative adjustment to accommodate an addition to an existing structure shall comply with all of the following:

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

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

(C) The location of the addition does not result in the creation of unsafe conditions or create circulation conflicts;

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

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

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

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

(F) The addition complies with all building, fire and other adopted codes and policies;

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

Requests for an administrative adjustment to accommodate a construction error shall comply with all of the following:

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

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

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

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

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

The Development Improvements Agreement shall provide that the requirements contained therein shall run with the land and bind all successors, heirs, and assignees of the Applicant. The DIA for subdivisions shall be recorded with the Mesa County Clerk and Recorder. All other DIA’s may, at the Director’s discretion, be recorded or deposited with the City Clerk. All existing lien holders shall be required to subordinate their liens to the guarantees contained in the DIA.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) Release of the DIA does not constitute a Certificate of Completion and Release of Responsibility.

Upon expiration of the limits of responsibility established in this Code, the Developer may request a Certificate of Completion and Release of Responsibility from the appropriate agency.

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

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

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

The Sign Package provides detailed graphical information of the location, height, illumination, sign dimensions, and sign design, including but not limited to letter heights.

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

The application of the Sign Package is not contrary to and better implements the goals and objectives of the Comprehensive Plan, including but not limited to applicable neighborhood plans, corridor plans, and other adopted plans.

The application of the Sign Package is not contrary to and better implements the goals and objectives of moderating the size and number of signs as well as the reduction of clutter and obtrusive placement of signs.

The Director shall approve, conditionally approve or deny all applications for a Sign Package Permit.

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

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

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

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

The Director shall approve a minor exemption subdivision if the applicant demonstrates that the application complies with the purpose of a minor exemption subdivision and with the following criteria:

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

(A) The applicant’s Colorado professional engineer affirms in writing that the lot can be served by Individual Septic Disposal System (ISDS) constructed at or prior to use of the lot for uses allowed by the City Code then in existence;

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

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

The applicant is not seeking a variance or is seeking only to vary the requirement of extending sewer. No other variances shall be considered with a minor exemption subdivision. (Any other variances requested shall require the application be processed as a simple subdivision under Section~~Error! Reference source not found.~~ (p) or a major subdivision under Section (q) whichever is applicable);

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

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

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

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

The following notes are required on all minor exemption subdivision plats. The notes shall be conspicuous:

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

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

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

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

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

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

The Director will approve a simple subdivision if the applicant demonstrates that:

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

If a new lot is being created, no portion of the property may have been the subject of a previous simple subdivision creating a new lot within the preceding ten years or a Minor Exemption Subdivision (see (o)).

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

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

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

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

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

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

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

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

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

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

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

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

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

A preliminary subdivision plan shall not be approved unless the applicant proves compliance with the purpose portion of this Section and with all of the following criteria:

The preliminary subdivision plan will be in conformance with the Comprehensive Plan, Grand Valley Circulation Plan, Urban Trails Master Plan, and other adopted plans;

Other standards and requirements of this Code and other City policies and regulations;

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

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

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

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

The Director is the decision-maker for all applications for preliminary subdivision plans.

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

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

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

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

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

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

The Director shall approve, conditionally approve or deny all applications for a final plat.

If the Subdivision is a "common interest community" as defined in Section 38-33.3-103(8), C.R.S., then the following shall apply:

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

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

(C) The applicant shall include the association bylaws pursuant to Section 38-33.3-306, C.R.S. as applicable; and

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

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

The form of final approval by the Director shall be the recording of the plat as provided in Section (u). If the Director approves the final plat, then the applicant’s surveyor or engineer shall then make any changes necessary or required to comply with final approval conditions. The plat shall then be recorded within two years of action by the Director or as directed in the approved phasing plan/development schedule.

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

The construction plans shall be prepared in conformance with the approved final plat and the City’s adopted standards for public improvements including those contained in this Code.

The Director shall approve, conditionally approve or deny all subdivision construction plans.

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

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

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

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

If the applicant does not complete all steps in preparation for recording a final plat within two years of approval of the preliminary subdivision plan, the plat shall require another review and processing as per this Section and shall then meet all the required current Code and regulations at that time. One extension of twelve months may be granted by the Director for good cause. Any additional extensions must be granted by the Planning Commission. The Planning Commission must find good cause for granting the extension.

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

The plat shall not be recorded until the improvements have been completed or as a condition of final plat approval, the City shall require the applicant to enter into a Development Improvements Agreement and post a guarantee for the completion of all required improvements according to Section (m).

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

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

A preapplication conference with City staff is highly recommended for most subdivisions, multifamily, commercial and industrial projects to:

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

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

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

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

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

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

Public facilities and utilities shall be available concurrent with the Develoment.

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

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

The applicant must provide a meeting room and must conduct the meeting. Meetings must be held on a weekday evening that is not a holiday beginning between 5:30 PM and 8:00 PM in a location that is accessible to the affected neighborhood. The Director may approve other times and locations. The meeting date, time and location must be approved by the Director. To qualify a meeting must be held not more than 180 days before the application is submitted.

At the meeting, the applicant shall present a concept plan, describe project impacts, describe ways to mitigate impacts, and facilitate a discussion and answer questions. The concept plan shall, at a minimum, delineate access to the site; internal circulation, the range of density of the entire property or the maximum intensity (square footage and stories for all buildings). The applicant decides the format and conduct of the meeting so that attendees have an opportunity to speak and to make written comments. City staff should gather information and explain the rules and requirements. City staff shall provide information regarding the project’s compliance with the Comprehensive Plan and any applicable adopted plan or ordinance. Included with the application submittal, the applicant must give the Director a written list of names and addresses of those given notice and those attending, along with a written summary of suggestions, comments, criticism and mitigating measures brought up by the applicant and attendees.

The applicant shall provide written notice of the date, time, place and subject of the meeting to every owner and group in the neighborhood, as well as the City Public Works and Planning Department. The notice must be approved by the Director and shall be hand-delivered or delivered by U.S. mail. The notice must be hand-delivered or postmarked no later than ten calendar days prior to the meeting.

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

The staff shall forward copies of the applications to appropriate agencies for their comments. Examples of review agencies are:

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

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

The agencies' review will be advisory in character, and does not constitute approval or disapproval. All comments shall be forwarded to the applicant for response.

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

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

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

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

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

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

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

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

All mailed notices must be sent no less than ten days before a Public Hearing and must include each homeowner’s associations (HOAs) or other group registered with the Public Works and Planning Department within 1,000 feet.

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

Mailed Notice and Sign Posting is not required for Comprehensive Plan amendments, rezonings, or zones of annexations for requests relating to more than five percent of the area of the City and/or related to a Citywide or area plan process.

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

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

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

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

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

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

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

An applicant has the right to request a hearing at any time during the review process.

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

The Director's written report and recommendations should be available three calendar days before the public hearing.

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

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

The body conducting the hearing may adopt its rules of procedure to limit the number of applications for development approval to be considered per meeting and to limit the time for each presentation or speaker.

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

The decision making body may impose conditions to protect the neighborhood, implement this Code and other rules and regulations and ensure compliance with any applicable policy or requirement.

If the Planning Commission is the recommending body, recommendations shall be forwarded to the City Council.

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

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

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

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

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

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

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

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

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

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

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

The Comprehensive Plan, Grand Valley Circulation Plan, and other adopted plans and policies of the City;

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

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

The provision of adequate public facilities and services to any property as required in Chapter 21.06 shall not be inhibitedby the proposed vacation.

The Planning Commission shall approve, conditionally approve or deny all applications for a plat vacation, except those subject to Subsection (3).

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

The purpose of this Section is to permit the vacation of surplus rights-of-way and/or easements.

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

The Comprehensive Plan, Grand Valley Circulation Plan and other adopted plans and policies of the City;

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

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

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

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

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

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

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

A conditional use permit shall be required prior to the establishment of any conditional use identified in Chapter 21.04 or elsewhere in this Code.

The Application shall demonstrate that the proposed development will comply with the following:

All applicable site plan review criteria in Section 21.02.070(g) and conformance with Submittal Standards for Improvements and Development, Transportation Engineering Design Standards, and Stormwater Management Manual manuals;

The underlying zoning districts standards established in Chapter 21.03, except density when the application is pursuant to Section 21.08.020(c);

Other uses complementary to, and supportive of, the proposed project shall be available including, but not limited to: schools, parks, hospitals, business and commercial facilities, and transportation facilities.

No sign shall be allowed on properties on a conditional use site unless the sign has been approved as part of the site development plan. Variance of the maximum total surface area of signs shall not be permitted, but the maximum sign allowance for the entire development or use may be aggregated and the total allowance redistributed. See Section 21.06.070 for sign regulations.

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

Application requirements and processing procedures are described in Section 21.02.080.

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

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

A special permit is allowed in those areas designated Neighborhood Center, Village Center, City Center (which includes Downtown) or Mixed Use Opportunity Corridors on the Future Land Use Map of the Comprehensive Plan or in the C-1 and I-0 zone districts along Horizon Drive north of G Road including Crossroads Boulevard and Horizon Court. A special permit shall be required prior to:

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

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

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

The application shall demonstrate that the proposed development will comply with the following:

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

All applicable site plan review criteria in Section 21.02.070(g) and Submittal Standards for Improvements and Development, Transportation Engineering Design Standards, and Stormwater Management Manual(s);

The underlying zoning districts standards established in Chapter 21.03, except as expressly modified by the proposed special permit; and

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

Application requirements and processing procedures are described in Section 21.02.080.

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

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

All proposed amendments to the text of the Comprehensive Plan shall comply with the provisions of this Section 21.02.130. Any proposed development that is inconsistent with any goals or policies of the Comprehensive Plan shall first receive approval of a Comprehensive Plan amendment. The Comprehensive Plan shall include all neighborhood plans, corridor plans, area plans, the Grand Valley Circulation Plan, the Urban Trails Master Plan, and all other elements adopted as a part of the Comprehensive Plan.

Changes to various areas of the Grand Junction Comprehensive Plan require different land use approvals:

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

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

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

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

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

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

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

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

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

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

The City and County shall amend the Grand Valley Circulation Plan and Urban Trails Master Plan if:

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

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

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

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

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

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

Approve flexibility in the location of the Village and Neighborhood Center by granting a ½ mile leeway; and

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

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

If an amendment request fails, any pending Development application must be changed to be consistent with the plan.

In making a request for a Plan amendment the applicant shall address each of the criteria provided in this Section.

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

In order to maintain internal consistency between this Code and the Zoning Maps, map amendments must only occur if:

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

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

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

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

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

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

Areas within a Mixed Use Opportunity Corridor designated on the Future Land Use Map in the Comprehensive Plan that are currently zoned for residential purposes may be rezoned for more intense use (including nonresidential uses), provided that the Form Districts of Section 21.03.090 are utilized and the depth of the lot measured perpendicular to the corridor is at least 150 feet. During consideration of the application of a Form District, the City Council shall consider the following:

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

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

An application for an amendment to the text of this Code shall address in writing the reasons for the proposed amendment.

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

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

The Comprehensive Plan, Grand Valley Circulation Plan and other adopted plans and policies;

The applicable corridor guidelines and other overlay districts in Chapter 21.07;

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

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

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

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

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

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

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

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

An applicant may file an ODP with a final development plan for all or a portion of the property, as determined by the Director at the preapplication conference.

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

The effective period of the ODP/phasing schedule shall be determined concurrent with ODP approval.

Following approval of an ODP, a subsequent final development plan approval shall be required before any development activity occurs.

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

A final development plan application shall demonstrate conformance with all of the following:

The Submittal Standards for Improvements and Development, Transportation Engineering Design Standards, and Storm water Management Manual manuals and all other applicable development and construction codes, ordinances and policies;

The Director shall approve, conditionally approve, or deny all applications for a final development plan.

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

The City Attorney shall review and approve all covenants and restrictions prior to final development plan approval.

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

The form of final approval by the Director shall be in the form of a decision letter.

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

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

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

The use, density, bulk performance and default standards contained in an approved PD rezoning ordinance may be amended only as follows, unless specified otherwise in the rezoning ordinance:

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

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

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

The approved outline development plan may be amended only by the same process by which it was approved, except for minor Amendments. Unless the adopted PD rezoning ordinance provides otherwise, the approved outline development plan may be amended as follows:

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

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

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

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

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

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

Such amendments shall be reviewed by the Director using the following review criteria:

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

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

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

If a Planned Development, or any portion thereof, has not been completed in accordance with the approved development schedule, a "lapse" shall have occurred and the terms of all approved plans for incomplete portions of the PD shall be null and void. If lapse occurs, the property shall be governed by the zoning district applied to the property immediately before the rezoning to PD, or an applicant may request hearing before the Planning Commission at which time a revocation of all prior approvals shall be considered. If the Planning Commission determines that a lapse has occurred, the Director shall record an appropriate legal notice. The Director may, initiate, without owner consent, a zoning change on a lapsed PD to another zone district.

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

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

In accordance with state statutes, land may be annexed or de-annexed from the City as deemed appropriate by the City Council.

Any lands to be added to or deleted from the corporate limits of the City shall comply with this Section 21.02.160.

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

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

Application requirements and processing procedures shall comply with those described in applicable state statutes. A summary of these procedures is available from the Public Works and Planning Department.

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

The purpose of this Section is to provide the procedures necessary to implement the provisions of Sections 24 68 101, et seq. and 29-20-101 et seq., C.R.S.

The following definitions are for the purposes of administration of this Section only and do not apply to any other Sections of this Code.

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

"Vested Property Right" means the right to undertake and complete the development and use of property under the terms and conditions of a Site Specific Development Plan.

An Applicant may request, in writing to have property rights vest with a Site Specific Development Plan. The Site Specific Development Plan shall be applicable only to:

Property zoned Planned Development with the approved Final Development Plan constituting the Site Specific Development Plan, or

Any other application (i.e., Outline Development Plan, Site Plan, Conditional Use, Subdivision Plat, Final Development Plan or Development Improvements Agreement) provided that:

The Applicant requests in writing that the Planning Commission hold a Public Hearing and approve a specific document/application as a Site Specific Development Plan; and/or

State law requires that a vested property right be granted in which case the Planning Commission shall determine, at its discretion, which, if any document/application shall constitute a Site Specific Development Plan.

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

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

Application requirements and processing procedures are described in Section 21.02.150(c), with the following modifications:

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

An application for approval of a Site Specific Development Plan shall be submitted and reviewed concurrently with an application for a final development plan or any other document that Planning Commission shall determine, at its discretion, constitutes a site specific development plan.

In addition to any and all other fees and charges imposed by this Code, the applicant shall pay all costs incurred by the City as a result of the Site Specific Development Plan review, including publication of notices, public hearing and review costs.

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

Within 14 calendar days after the approval of a Site Specific Development Plan, the applicant shall acknowledge by written instrument that he confirms his/her obligation to satisfy all other requirements under the City Codes, rules and regulations including, but not limited to, all studies that may be required. Such studies may concern traffic, drainage, erosion control and utilities.

Approval of a Site Specific Development Plan shall not constitute an exemption from, or waiver of, any other provisions of this Code pertaining to the development or use of property.

The duration of any vesting shall be no longer than required by state law, unless a different duration is provided by written agreement between the owner and the City. Failure to comply with any condition of approval of a SSDP shall result in forfeiture of vested rights and the Site Specific Development Plan shall be declared void and lapsed and shall be reverted in accordance with Section 21.02.150.

A Site Specific Development Plan shall be deemed approved upon the last action by the City Council relating thereto. No amendment of a Site Specific Development Plan shall extend or change the effective date of vesting of a property right unless specifically provided by written agreement. In the event amendments to a Site Specific Development Plan are proposed and approved, the effective date of such amendments, for purposes of duration of vested property right, shall be the initial date of the approval of the Site Specific Development Plan.

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

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

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

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

Applications for a revocable permit shall demonstrate compliance with all of the following:

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

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

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

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

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

The application complies with the submittal requirements as set forth in the Section 127 of the City Charter, this Chapter 21.02 and the Submittal Standards for Improvements and Development manual.

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

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

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

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

In reviewing a Master Plan, the decision-making body shall consider the following:

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

Conformance with the Grand Valley Circulation Plan and general transportation planning requirements;

adequate parking, adequate storm water and drainage improvements, minimization of water, air or noise pollution, limited nighttime lighting and adequate screening and buffering potential;

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

The review of a Master Plan shall precede, or be concurrent with, any other required review process.

The content of the Master Plan document shall be sufficient to generally assess the following:

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

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

A variance is a departure from the dimensional or numerical requirements of this Code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as a result of the action of the applicant, a literal enforcement of this Code would result in unnecessary and undue hardship. Variances are permitted only to those portions of this Code as specified herein.

The Director may approve variances of up to ten percent of any bulk requirement. Requests for variances to the bulk standards that are greater than ten percent and variances to the performance or use-specific standards of Chapter 21.04, all overlay district regulations of Chapter 21.07, excluding corridor overlay districts, and the sign regulations of Chapter 21.06 shall be heard by the Zoning Board of Appeals. Planning Commission shall hear variances to all other standards, unless otherwise specified.

The establishment or expansion of a use in a district in which such use is not permitted by this Code;

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

(1) Variance Requests from Bulk, Performance, Use-Specific and Other Standards

A variance is not a right. It may be granted to an applicant only if the applicant establishes that strict adherence to the Code will result in practical difficulties or unnecessary hardships because of site characteristics that are not applicable to most properties in the same zoning district. The following criteria shall be used to consider variances from the bulk, performance and use-specific standards contained in Chapter 21.04,

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

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

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

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

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

The granting of a variance shall not conflict with the purposes and intents expressed or implied in this Code; and

The granting of a variance shall not conflict with the goals and principles in the City's Comprehensive Plan.

A variance may be granted from the provisions or requirements of the sign regulations only if the applicant establishes that all of the following criteria are satisfied:

The literal interpretation and strict applications of the sign regulations would cause undue and unnecessary hardship to the sign owner because of unique or unusual conditions pertaining to the specific building or property in question;

The granting of a variance would not be materially detrimental to the property owners in the vicinity;

The unusual conditions applying to the specific property do not apply generally to other properties in the City; and

The granting of a variance shall not be contrary to the goals and objectives of any applicable corridor overlay district or to the general objective of moderating the size, number, and obtrusive placement of signs and the reduction of clutter.

(3) Variance from Floodplain, Geologic and Wildfire Hazard Regulations (Hazards)

A variance may be granted from the requirements of the overlay district provisions of Chapter 21.07, except the corridor overlay districts, only after consideration is given to all technical evaluations, all relevant factors, the standards specified in applicable Sections of this Code, and:

The danger that materials or fire may be swept onto other lands to the injury of others;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

The importance of the services provided by the proposed facility to the community;

The availability of alternative locations for the proposed use which are not subject to hazards;

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

The safety of access to the property in times of flood for ordinary and emergency vehicles;

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

The costs of providing governmental services during and after hazard conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets and bridges.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(B) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(C) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given written notice that the structure shall be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation.

Variances to Landscape, Buffering and Screening Requirements, the 24 Road Corridor Design Standards and Guidelines, other Corridor or area overlay design standards and guidelines, and sewer requirement. A variance may be granted from the provisions or requirements of the Landscape, Buffering and Screening Requirements, Corridor or area overlay design standards and guidelines, and sewer requirement only if the applicant establishes that all of the criteria of Section (1)(i) through (1)(vii)., are satisfied.

The Zoning Board of Appeals shall approve, approve with conditions or deny requests for variances to the bulk, performance or use-specific standards of Chapter 21.04, all overlay district regulations of Chapter 21.07, excluding corridor overlay districts, and the sign regulations of Chapter 21.06. Unless otherwise specified, requests for variances to all other standards shall be approved, approved with conditions or denied by Planning Commission, upon a recommendation from the Director.

The purpose of this Section is to provide for a rehearing and appeal process for decisions and actions by the Director, Zoning Board of Appeals, Planning Commission and City Council. Each procedure has a separate decision maker (See Section 21.02.060).

Any person, including any officer or agent of the City, aggrieved or claimed to be aggrieved by an interpretation of this Code rendered by the Director may request an appeal of the interpretation in accordance with this Section.

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

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

The appellant shall provide a written statement citing the specific provision of this Code that the appellant believes the Director has incorrectly interpreted and the appellant’s interpretation of the provision.

The Director shall prepare a report detailing the specific provision of this Code that are in question, interpretation of the provision, and the general basis of the interpretation.

Any person, including any officer or agent of the City, aggrieved or claimed to be aggrieved by a final action of the Director on an administrative development permit, may request an appeal of the action in accordance with 21.02.060 and Section (c).

In hearing an appeal of an administrative development permit, the appellate body shall consider, based on the information in the record before the Director, whether the Director:

Acted in a manner inconsistent with the provisions of this Code or other applicable local, state of federal law; or

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

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

The appellate body for a particular administrative development permit shall be as specified in Section 21.02.060. The appellate body shall affirm, reverse or remand the decision. In reversing or remanding a decision, the appellate body shall state the rationale for its decision. An affirmative vote of four members of the appellate body shall be required to reverse the Director’s action.

Requests for an appeal shall be submitted to the Director in accordance with the following:

The appellant shall provide a written request that explains the rationale of the appeal based on the criteria provided in Section (1).

If the appellant is not the applicant, the Director, within five working days of receipt of the request for appeal, shall notify the applicant of the request and the applicant shall have ten working days to provide a written response.

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

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

Any person, including any officer or agent of the City, aggrieved by or claimed to be aggrieved by a final decision of the Planning Commission may appeal the action in accordance with Section (d).

In granting an Appeal to action on a nonadministrative development permit, the appellate body shall find:

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

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

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

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

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

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

The appellate body for a particular development permit shall be as specified in 21.02.060. The appellate body shall affirm, reverse or remand the decision. In reversing or remanding the decision back to the decision-maker, the appellate body shall state the rationale for its decision. An affirmative vote of four members of the appellate body shall be required to reverse the decision-maker's action.

Requests for an appeal shall be submitted to the Director in accordance with the following:

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

The appropriate fee, as may be approved by the City Council, shall be submitted with the request.

A request for an appeal shall be submitted within ten calendar days of the action taken by the decision-maker.

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

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

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

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

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

The City is zoned into areas referred to as zones or districts. The purpose of establishing zones is to:

Encourage the most appropriate use of land throughout the City and to ensure logical and orderly growth and development of the physical elements of the City;

Prevent scattered, haphazard growth and guide orderly transition of urban areas;

Facilitate provision of adequate public facilities and services, such as transportation, water, sewerage, schools and parks;

Promote the development of convenient and beneficial clusters of uses, including business and shopping facilities where satisfactory proof is made that the same are reasonably necessary and desirable for the public convenience and welfare;

Aid in preventing traffic congestion in the streets and public ways of the City;

The boundaries of zones established by this Code shall be shown on map entitled Zoning Map of the City of Grand Junction. Such maps are, by this reference, made a part of this Code.

Usually zone boundaries shall be on municipal corporate lines, section lines, parcel lines, natural boundary lines or on the center lines of highways, streets, alleys, railroad rights of way or these lines extended. In cases where these lines are not used, the zone district lines shall be as determined by using the scale of the official Zoning District Map.

If a parcel of land is divided by a zoning district boundary line at the time of enactment of this Code or by subsequent amendments thereto, the appropriate standards and uses for each zone shall apply on the portion of the parcel covered by that zone.

The official zoning map shall be located in, and maintained by, the Public Works and Planning Department. All amendments to the zoning map made in accordance with the requirements of this Code shall be shown on the maps.

Disputes concerning the exact location of any zone district boundary line shall be decided in accordance with Chapter 21.02.

Lot area means the amount of net land area contained within the property lines of a lot or parcel, not including street right-of-way. Lots that were legally created prior to adoption of this Code that are smaller than required may be developed if they meet the other provisions of this Code.

Essential unoccupied public utility installations, such as substations, shall be permitted in an area smaller than the minimum lot area prescribed by this Code. While coverage requirements shall not apply, all landscaping, screening and other requirements shall apply.

If the following conditions are met, Minimum Lot Size may be reduced by the Director on lots abutting “tracts” (as defined below) to the extent the abutting tract provides for a portion of the minimum lot size:

(E) Open space (whether required by this Code or otherwise established), which is land within a development designed for and perpetually limited to the common use or enjoyment of the residents or occupants of the development and/or the public, but not including areas used for streets, alleys, driveways or off-street parking or loading areas.

Only that portion of the proposed lot line that is contiguous with the abutting tract may be used for purposes of determining the reduction in minimum lot size;

The reduction in minimum lot size is less than or equal to the open area provided by the tract;

The tract shall contain no structure in perpetuity in the portion of the tract that is to provide for a portion of the minimum lot size.

Maintenance of the tract is provided for in Covenants, Conditions and Restrictions or other binding agreement as approved by the City;

The tract will not provide any part of or be used in any part to establish a setback pursuant to Section (d)(5);

The tract is part of the subdivision or development that is the subject of the application.

Lot width is measured between side lot lines along a line that is parallel to the front lot line located at the minimum front setback distance from the front lot line.

If the following conditions are met, Minimum Lot Width may be varied by the Director on lots abutting “tracts” (as defined below) to the extent the abutting tract provides for a portion of the minimum lot width:

(E) Open space (whether required by this Code or otherwise established) which is land within a development designed for and perpetually limited to, the common use or enjoyment of the residents or occupants of the development and/or public, but not including areas used for streets, alleys, driveways or off-street parking or loading areas;

Only that portion of the proposed lot line that is contiguous with the abutting tract may be used for purposes of determining the reduction in minimum lot width;

The reduction in minimum lot width is less than or equal to the open area provided by the tract;

The tract shall contain no structure in perpetuity in the portion of the tract that is to provide for a portion of the minimum lot width;

Maintenance of the tract is provided for in Covenants, Conditions and Restrictions or other binding agreement as approved by the City;

The tract will not also provide any part of or be used in any part to establish a setback pursuant to Section (d)(5);

The tract is part of the subdivision or development that is the subject of the application.

Setbacks are measured as the unobstructed unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this Section. Setbacks shall be unobstructed from the ground to the sky except as specified in this Section. Structures shall meet the front yard setback from all abutting streets unless otherwise provided in this Code.

Overhanging roof, eave, gutter, cornice, or other architectural feature and awnings, not to exceed three feet;

Uncovered, unenclosed terraces, patio covers or porches, not to exceed six feet, but in no case closer than three feet to any property line;

Open carports, up to one-half of the required side or rear yard setback for principal structures, but not closer than three feet to the lot line;

Regardless of the minimum front setback required by the zoning district, a front setback may be reduced to the mean of the setbacks of the immediately adjoining lots that are on both sides of the subject lot. The following rules apply in calculating the mean setback:

Only the setbacks on the lots that abut a side of the subject lot at the street and are on the same side of the street may be used. Setbacks across the street or along a different street may not be used; and

When one abutting lot is vacant, or if the subject lot is a corner lot, then the average is calculated using the setback of the not vacant lot and the zoning district minimum setback.

Approval of setback averaging shall be in the form of a letter from the Director.

On corner lots, in areas where an existing parkway strip exceeds ten feet in width between a sidewalk and the curb, the front yard setback on a side street may be varied by the Director under the conditions and restrictions listed below. A side street shall be considered that street corresponding to the side yard of the majority of the structures on a block. In unusual or conflicting circumstances, the Director shall designate which street is the side street.

(A) No variance shall be approved to less than five feet from property line.

(C) Any variance approved shall meet all other provisions of this Code, including sight distance requirements. No variance shall be granted unless the City Engineer finds, in writing, that the proposal will not create a danger to pedestrians or vehicle circulation.

(D) No vehicular access shall be allowed from a side street to any structure approved for a variance under the provisions of this Section.

(E) A variance shall only be effective if it is issued by the Director, contains the legal description and any terms and conditions, and is recorded by the applicant prior to issuance of a building permit.

More than one contiguous parcel of land in the same ownership may be used for a principal use and to satisfy setback requirements for structures if such owner records an instrument, approved by the City Attorney which limits the uses and rights to convey (including for loans) the contiguous parcel.

If the following conditions are met, setbacks may be reduced by the Director on lots abutting “tracts” (as defined below) to the extent the abutting tract provides for a portion of the setback:

(J) Open space (whether required by this Code or otherwise established) which is land within a development designed for and perpetually limited to, the common use or enjoyment of the residents or occupants of the development and/or the public, but not including areas used for streets, alleys, driveways or off-street parking or loading areas;

The abutting “tract” runs the full length of the applicable lot line for which a reduction in setback requirement is sought;

The reduction in setback is less than or equal to the open area provided by the tract;

The tract shall contain no structure in perpetuity in the portion of the tract that is required to provide for the necessary area for the setback;

Maintenance of the tract is provided for in Covenants, Conditions and Restrictions or other binding agreement as approved by the City;

The tract will not also provide any part of, or be used in any part to establish the minimum lot size pursuant to Section (a)(3) or the minimum lot width pursuant to Section (b)(3);

The tract is part of the subdivision or development that is the subject of the application.

Minimum front yard setback for garage, carport or other vehicle storage space (principal and accessory) shall be 20 feet, measured from the storage entrance to the property line.

Any setback along a street shall be considered a front setback. Accessory structures may be allowed in a front setback through an Administrative Adjustment (see Section 21.02.070(l).

Lot coverage is measured as the percentage of the total lot area covered by buildings and other impervious surfaces. It is calculated by dividing the square footage of impervious surface by the square footage of the lot.

Building height means the vertical distance between the mean finished grade between the lowest and highest grades along the foundation and the highest point of the roof or façade (see graphic).

Zoning district height limits do not apply to belfries, cupolas, spires, domes, monuments, airway beacons, radio/communication towers, windmills, flagpoles, chimneys, radio/television receiving antennas and chimney flues. (see Section (d)(2)) Height limits do not apply to any bulkhead, elevator, water tank, or to any similar structure or mechanical appurtenance or similar structure if total area of such structure is less than 20 percent of the total area of the roof.

Any hazard or obstruction to aircraft as regulated by the FAA is prohibited. Buildings, belfries, towers, trees and flagpoles are examples of such hazards depending on location and height. The construction, maintenance, or establishment of any building, tree, smokestack, chimney, flagpole, wire, tower or other structure or appurtenances thereto, which may constitute a hazard or obstruction to safe air navigation, landing, or take off of aircraft near an airport, is prohibited. Regulations adopted by the Federal Aviation Administration (FAA) shall be minimum standards. No request shall be approved if it violates FAA standards.

An attic story is considered a half-story and counts toward the calculation of maximum number of stories.

If a ground story is more than five feet above original grade, the space below counts as an additional story.

Ground floor elevation is measured from natural or improved grade (whichever is more restrictive) to the finished floor level of the ground floor. Grade is measured continuously across a lot.

Story height is measured from the top of finished floor to the top of the finished floor above.

A portion of the exterior façade of the building which does not include a substantial material change (paint color is not considered a substantial change); windows or doors; or columns, pilasters or other articulation greater than 12 inches in depth.

Ground floor transparency (windows and doors) is measured between 2 and 12 feet above the adjacent sidewalk.

For form district building type Shopfront only (see 21.03.090(f)), a minimum of 60 percent of the street-fronting, street-level window pane surface area must allow views into the ground story use for a depth of at least six feet. Windows must be clear, unpainted, or made of similarly treated glass; spandrel glass or backpainted glass does not comply with this provision.

The following definitions shall apply to all maximum and minimum density calculations for zoning and land use classifications, unless otherwise indicated.

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 the entire parcel or property at the time a Development Application is filed. The “gross residential Density” is calculated the same as maximum residential density.

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. “Net developable land area” means all portions of the parcel at the time a development application is filed, minus the following if they are to be left as open space:

As defined by the Clean Water Act: wetlands, surface waters, stream and river channels, banks and corridors;

Slopes of greater than 30 percent or other areas of unstable soils that are not suitable for development;

Open Space or recreation areas to be dedicated to a public agency or to a private entity approved by the Director to perpetually maintain the open space;

Other areas that, in the opinion of the body reviewing the development, are similarly unsuitable for development.

Larger lots or other screening and buffering areas that are provided as a transition for adjoining established neighborhoods may be excluded from the density calculations for purposes of determining minimum density on those parcels that are not large enough to accommodate the transition and meet minimum density.

Density of group living facilities shall be calculated as four beds equal one dwelling unit. Group living facilities are meant to fit into a neighborhood with the same characteristics and requirements.

The maximum and minimum residential density or nonresidential intensity requirements apply to all development except:

Minimum density requirements shall not apply to a simple subdivision if one or more lots can reasonably be resubdivided or developed in a manner that complies with the minimum density and other requirements of this Code;

There shall be no minimum density requirement applicable to a major subdivision if all but two of the resulting lots comply with the minimum density requirements and at least one of the two lots that do not comply can reasonably be resubdivided or developed in a manner that complies with the minimum density and other requirements of this Code and no other development is allowed; and

The density of a lot with a mix of residential and nonresidential uses (“mixed use”).

The density of a mixed-use lot shall be calculated by dividing the total number of dwellings on the lot by the gross land area of the lot. The gross residential density of the lot shall be the maximum density permitted in the underlying zoning district. There is no minimum density requirement for a mixed-use lot, if at least ten percent of the gross floor area is used for nonresidential purposes.

In a mixed-use subdivision, the density shall be calculated for each lot, unless provided otherwise at the time of subdivision approval.

To provide areas for low intensity agricultural operations and very low density single family uses in a rural setting. This district is appropriate where low-density development is desired or where terrain and/or lack of public facilities and services require low intensity development or a sense of openness is desired.

Only the City Council may waive the requirements that each structure be served by the Persigo sewer system. Rural road standards may apply.

To provide areas for low density, estate-type single-family residential development on lots of at least one acre in size.

Only the City Council may waive the requirements that each structure be sewered by the Persigo sewer system. Rural road standards may apply.

To provide areas for low density residential uses in less intensely developed areas. R-1 tracts should abut or be in close proximity to existing large lot single family development, making R-1 an appropriate transition district between rural and higher density areas.

To provide areas for medium-low density, single-family residential uses where adequate public facilities and services exist.

To provide for medium-low density single family uses where adequate public facilities and services are available. Two family dwellings may be allowed under special conditions.

In a R-4 district, a two family dwelling may be built only on a corner lot and then only if:

(D) The gross density of the subdivision shall not exceed four dwellings per acre;

(E) The streets are classified as local streets or a local street and a residential collector; and

The creation of a two family dwelling via the construction of a second dwelling unit attached to an existing single-family dwelling shall require that the construction materials and roof pitch of the addition match the construction materials and roof pitch of the existing dwelling and be architecturally compatible with the existing dwelling. The attaching of two manufactured homes shall not constitute a two family dwelling.

For the purpose of calculating density on parcels smaller than five acres, one-half of the land area of all adjoining rights-of-way may be included in the gross lot area. The area of the right-of-way shall not be included to determine compliance with the minimum lot area requirements.

To provide for medium density detached and attached dwellings and multifamily in areas where large-lot development is discouraged and adequate public facilities and services are available. R-5 supports the Comprehensive Plan’s principles of concentrating urban growth and reinforcing community centers. A mix of dwelling types is allowed in this district.

To provide for medium-high density attached and detached dwellings, two family dwelling and multifamily. R-8 is a transitional district between lower density single family districts and higher density multifamily or business development. A mix of dwelling types is allowed in this district.

Minimum lot size, minimum lot width and minimum lot frontage does not apply to multifamily.

The front yard setback shall be a minimum of 20 feet for principal structures with street facing garages and 15 feet for principal structures with alley loaded garages or with garages located in the rear yard or principal structures with no garage. For corner lots, a 20’ front yard setback is allowed on the street frontage that the garage faces and a 15’ setback on the other street frontage that the principal structure faces.

For all lots created after October 22, 2006, garage doors cannot exceed 45 percent of the width of the street facing façade on single family detached dwellings or two-family dwellings. The garage door can be up to a maximum of 60 percent of the street facing façade if the garage door is recessed at least four feet behind the front façade of the house.

To provide for high density development allowing several types of residential units within specified densities. R-12 may serve as a transitional district between single family and trade districts. This district is intended to allow a mix of residential unit types and densities to provide a balance of housing opportunities in a neighborhood. This zone may be appropriate as a part of a mixed use center.

For purpose of calculating density on parcel, one-half of the land area of all adjoining rights-of-way may be included in the gross lot area.

Minimum lot size, minimum lot width and minimum lot frontage does not apply to two family dwellings or multifamily.

For all lots created after October 22, 2006, garage doors cannot exceed 45 percent of the width of the street facing façade on two-family dwellings. The garage door can be up to a maximum of 60 percent of the street facing façade if the garage door is recessed at least four feet behind the front façade of the house.

To provide for high density development. R-16 may serve as a transitional district between single family and trade zones. This district is intended to allow multifamily residential unit types to provide a balance of housing opportunities in the community. It is appropriate in the Village and Neighborhood Centers.

For purpose of calculating density on any parcel, one-half of the land area of all adjoining rights-of-way may be included in the gross lot area.

To provide for high density residential use. This district allows multifamily development within specified densities. R-24 may serve as a transitional district between single family and trade zones. This district is intended to allow high density residential unit types and densities to provide a balance of housing opportunities in the community. It is appropriate in the Village and Neighborhood Centers.

For purpose of calculating density on any parcel, one-half of the land area of all adjoining rights-of-way may be included in the gross lot area.

In accordance with the provisions of this paragraph, attached dwellings shall be allowed as indicated in 21.04.010.

There is no side setback for attached single family dwellings or the common wall of two family dwellings. Covenants shall provide for the maintenance of common walls, other common structures and common spaces and facilities.

The City Attorney may require changes and additions to ensure long term maintenance of all structures and property.

Attached single family and multifamily dwellings that front onto a private drive, shared drive, parking lot, or other private access way shall be set back a minimum of 15 feet from the edge of the access way, with front loading garages setback a minimum of 20 feet from any vehicular or pedestrian access way.

In a zero lot line development, dwellings are shifted to one side of the lot to provide greater usable yard space on each lot.

A zero lot line development is allowed in any residential zone except in an R-R, R-E, R- l, or R-2 zone, such development must be clustered.

The outside boundary of the permissible building envelope for each lot must be graphically depicted on a map, to be recorded with the plat. The corresponding plat shall note the existence of the building envelope map and reference its recording information.

One side setback may be reduced down to zero. The street side setback and interior side setbacks abutting a property outside the project shall not change.

The minimum distance between adjacent structures in the development must be equal to twice the required side setback of the zone unless changed pursuant to a cluster. The eaves, including any gutters, on the side of the dwelling with the reduced setback may encroach up to 18 inches into the abutting lot within the project. The building envelope map shall note the extent and location of the potential encroachment. Appropriate easements shall be created for maintenance/repair purposes.

A maintenance/repair easement shall be created when the eaves or side wall of a proposed house would be within four feet of the abutting property. In addition, any structure on the abutting lot is restricted to one or more feet from the common boundary so that after construction of both dwellings there remains at least five feet between the structures at all points, except when the structure is attached dwelling units.

If the side wall of a house is on or within three feet of the property line, no windows or other openings in the wall are allowed, for privacy and due to the building and fire codes.

To preserve environmentally sensitive areas, open space and agricultural lands, cluster development is encouraged.

In any residential zone district where clustering is permitted, the Director may approve lots that are smaller and arranged differently than otherwise allowed under this Code.

Unless provided otherwise by the subdivision approval, cluster subdivisions must meet the following standards:

The minimum lot size is the percentage of open space of total acres of the entire development multiplied by 1.5. The minimum lot size requirement of the underlying zoning district may then be reduced by the resulting percentage. Minimum lot size shall also be subject to other provisions, such as Section 21.07.020(f) Hillside Development, which might further restrict lot size. The following table provides example lot sizes based on various open space reservations.

Bulk requirements for clustered lots are those of the district which has the closest lot sizes. For example, if an R-2 district is developed with 30 percent open space then the bulk requirements of the R-4 district apply.

The bulk standards of the R-8 district apply to every lot of less than 4,500 square feet.

At least 20 percent of a cluster development shall be open space. Unless the Director approves otherwise, public open space shall abut or provide easy access to or protect other public land especially federal land. The applicant for cluster development shall:

Offer the open space to dedicate to a local government or other entity approved by the Director. Open space in a cluster shall be offered as a dedication to the City or, at the election of the City, to a nonprofit trust or conservancy approved by the City;

Convey open space to an entity to hold it in perpetuity for the owners of lots and/or the public; or

Establish a conservation easement for Agricultural land to be preserved in the form approved by the City Attorney.

All open space shall be conveyed to, owned and maintained by an entity approved by the City. The covenants and restrictions regarding perpetual preservation and maintenance of the open space, including provisions addressing:

Open space shall be provided for each phase of a development or all may be provided at the first phase. If common open space will not be provided proportionally by phase, the developer shall on the first plat identify all areas of all phases which are intended to be open space and deliver to the City Clerk a warranty deed to all such areas which will be recorded if the development is not completed.

Unless the Director approves otherwise, public open space shall abut or provide easy access to or protect other public land especially federal land. Open space design and developer constructed improvements shall:

Be linked to existing and planned public open spaces, constructed areas and trails as the Director deems possible;

Provide trails, paths and walkways to recreation areas, schools, commercial areas and other public facilities.

The perimeter of a cluster development which abuts a right-of-way shall be buffered. If the cluster development has the same zoning as the adjacent property, a perimeter enclosure in accordance with Section 21.06.040 may be required and/or some other form of buffering to be determined to be necessary to buffer the developed portion of the cluster from adjoining development. All, or a portion of, the Open Space shall be located between the clustered development and adjoining development.

The project landscaping and buffer design shall be established as part of any preliminary subdivision plan approval.

A cluster development project may be developed in phases. The Director may require the applicant to divide the project into phases in order to meet requirements and standards contained in these regulations. Each phase must be self-sufficient with adequate facilities and services and contain a mix of residential uses and densities and open space, while meeting the requirements, standards and conditions applicable to the project as a whole.

To provide low intensity, non-retail, neighborhood service and office uses that are compatible with adjacent residential neighborhoods. Development regulations and performance standards are intended to make buildings compatible and complementary in scale and appearance to a residential environment.

New construction, including additions and rehabilitations, in the R-O district shall be designed with residential architectural elements and shall be consistent with existing buildings along the street. “Consistent” means the operational, site design and layout, and architectural considerations described in the next subsections.

Business uses in the R-O District shall be designed and operated not to increase on-street parking in front of dwellings in the neighborhood. On-site parking shall be provided pursuant to the parking rules. On-site parking spaces shall only be located in the side and rear yards; and screened from adjacent dwellings by a solid wall, fence or vegetation having a height of not less than four feet or more than six feet (vegetation may exceed six feet in height). Fences must comply with Section 21.04.040(i), any design guidelines and other conditions of approval.

Service entrances, loading areas and dumpster areas shall be located only in the rear or side yard. Each loading area shall be screened from each adjacent residential use or zone.

Front yards shall be reserved for landscaping, sidewalks, driveway access to parking areas and signage.

No uses in this district shall open earlier than 7:30 AM and shall close no later than 8:00 PM.

Outdoor storage and display areas associated with nonresidential uses are prohibited.

Every new building and addition shall be located so that it aligns with existing neighborhood buildings in both elevation (e.g., horizontal lines of peaks of roofs, cornices, window sills) and plan (e.g., setbacks from the street and rear property lines and spacing between structures/setbacks from side property lines).

Main entrances shall open onto a street and shall align with those of adjacent residential buildings. For example, in many R-O areas, raised foundations and steps that define the main entrance are prevailing residential characteristics. Door styles shall be similar to those found on residential dwellings.

Each new building, its mass in relation to open spaces and its windows, doors, and openings shall be visually compatible. Visually compatible means compatible with adjacent and neighboring buildings including mass, shape, window, doors, openings, roof shape, roof pitch and orientation. For example, a large building shall be compatible with surrounding smaller dwellings by dividing its mass into smaller components to create a building elevation that is more like the size and proportion of the nearby dwellings.

New buildings shall have the same number of stories and a height which is compatible with those of nearby dwellings. Three stories shall be the maximum subject to maximum height of 40 feet.

The roofs of new buildings shall be visually compatible with nearby dwellings. Roof pitch shall be at least 4:12.

Windows and doors shall be visually compatible with surrounding residential structures. Visually compatible includes the relationship of width to height, and the spacing of windows and doors. For example, tall evenly-spaced rectangular windows are typical of certain residential styles in R-O District areas.

The exterior of all new buildings, additions and alterations shall be similar in size and appearance to nearby dwellings. Sign materials should be visually compatible with materials used on the building facade.

To provide small areas for office and professional services combined with limited retail uses, designed in scale with surrounding residential uses; a balance of residential and nonresidential uses.

Business uses shall be designed and operated so as not to increase on-street parking in front of neighborhood dwellings. On-site parking shall be provided.

No use in this district shall open or accept deliveries earlier than 5:00 AM nor close later than 11:00 PM. “Close” includes no customers on-site and no deliveries.

Business service entrances, service yards and loading areas shall be located only in the rear or side yard.

Outdoor storage and permanent displays are prohibited. Portable display of retail merchandise may be permitted as elsewhere provided in this Code.

To provide concentrated downtown retail, service, office and mixed uses not including major/regional shopping centers or large outdoor sales areas. The B-2 District promotes the vitality of the Downtown Area as provided by the Comprehensive Plan. Pedestrian circulation is encouraged as are common parking areas.

Effective and efficient street design and access shall be considerations in the determination of project/district intensity.

Landscaping is required for surface parking and for the park strip in the right-of-way.

Service entrances, service yards and loading areas shall be located only in the rear or side yard.

Outdoor storage and permanent displays are prohibited. Portable display of retail merchandise may be permitted subject to this Code.

Public Parks and Open Space Fee. The owner of any residential or mixed use project in a B-2 zone district shall be subject to the required Parks Impact Fee.

Open Space Requirement. Multifamily or mixed use developments in a B-2 zone district shall be required to pay ten percent of the value of the raw land of the property as determined in Section 21.06.020(b).

To provide indoor retail, service and office uses requiring direct or indirect arterial street access, and business and commercial development along arterials. The C-1 District should accommodate well-designed development on sites that provide excellent transportation access, make the most efficient use of existing infrastructure and provide for orderly transitions and buffers between uses.

Effective and efficient street design and access shall be considerations in the determination of project/district intensity.

Building entrances to service yard and loading areas shall be located only in the rear and side yard.

Outdoor storage and permanent display areas shall only be allowed in the rear half of the lot, beside or behind the principal structure except when a CUP has been issued. Portable display of retail merchandise may be permitted subject to this Code.

Maximum height for structures in the C-1 and I-0 zone districts which are north of G Road and east of 27 Road along Horizon Drive and north of G Road (including Crossroad Boulevard and Horizon Court) shall be 65 feet, except by Special Permit for additional height.

To provide for commercial activities such as repair shops, wholesale businesses, warehousing and retail sales with limited outdoor display of goods and even more limited outdoor operations.

Effective and efficient street design and access shall be considerations in the determination of project/district intensity.

Outdoor storage and display areas are not allowed within the front yard setback. Permanent and portable display of retail merchandise is permitted.

To provide public and private recreational facilities, schools, fire stations, libraries, fairgrounds, and other public/institutional uses and facilities. The district would include open space areas, to prevent environmental damage to sensitive areas, and to limit development in areas where police or fire protection, protection against flooding by storm water, or other services or utilities are not readily available. The CSR District would include outdoor recreational facilities, educational facilities, open space corridors, recreational, non-vehicular transportation, environmental areas and would be interconnected with other parks, trails and other recreational facilities. The District may also be used for public property, environmentally sensitive lands, and extractive uses (gravel pits) regardless of the land use designation.

Development shall conform to the standards established in this Code. Outdoor storage areas shall comply with the standards in 21.04.040(h), except that those associated with extractive uses, in which case no screening shall be required for an extractive use unless required by Chapter 21.04 or Chapter 21.06 in order to buffer from neighborhood uses or zones.

To provide for a mix of light manufacturing and office park employment centers, retail, service and multifamily residential uses with appropriate screening, buffering and open space and enhancement of natural features and other amenities such as trails, shared drainage facilities, and common landscape and streetscape character.

Refer to any applicable overlay zone district and/or corridor design standards and guidelines.

Loading/Service Areas. Loading docks and trash or other service areas shall be located only in the side or rear yards.

Vibration, Smoke, Odor, Noise, Glare, Wastes, Fire Hazards and Hazardous Materials. No person shall occupy, maintain or allow any use in an M-U District without continuously meeting the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials. Conditional Use Permits for uses in this district may establish higher standards and conditions.

(A) Vibration: Except during construction or as authorized by the City, activity or operation which causes any perceptible vibration of the earth to an ordinary person on any other lot or parcel, shall not be permitted.

(B) Noise: The owner and occupant shall regulate uses and activities on the property so that sound never exceeds 65 decibels at any point on the property line.

(C) Glare: Lights, spotlights, high temperature processes or otherwise, whether direct or reflected, shall not be visible from any lot, parcel or right-of-way.

(D) Solid and Liquid Waste: All solid waste, debris and garbage shall be contained within a closed and screened dumpster, refuse bin and/or trash compactor. Incineration of trash or garbage is prohibited. No sewage or liquid wastes shall be discharged or spilled on the property.

(E) Hazardous Materials: Information and materials to be used or located on the site whether on a full-time or part-time basis, that are required by the SARA Title III Community Right to Know shall be provided at the time of any City review, including the site plan. Information regarding the activity or at the time of any change of use or expansion, even for existing uses, shall be provided to the Director.

(F) Outdoor Storage and Display: Outdoor storage and permanent display areas shall only be located in the rear half of the lot beside or behind the principal structure. Portable display of retail merchandise may be permitted as provided in Chapter 21.04.

To provide for a mix of light manufacturing and employment centers, limited commercial services, and multifamily residential uses in a business park setting with proper screening and buffering, all compatible with adjoining uses.

Effective and efficient street design and access shall be considerations in the determination of project/district intensity.

(ii) Vibration, Smoke, Odor, Noise, Glare, Wastes, Fire Hazards and Hazardous Materials

No person shall occupy, maintain or allow any use in a BP District without continuously meeting the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials. Conditional use permits for uses in this district may establish higher standards and conditions.

(B) Noise: The owner and occupant shall regulate uses and activities on the property so that sound never exceeds 65 decibels at any point on the property line.

(C) Glare: lights, spotlights, high temperature processes or otherwise, whether direct or reflected, shall not be visible from any lot, parcel or right-of-way.

(E) Hazardous Materials: Information and materials to be used or located on the site whether on a full-time or part-time basis, that are required by the SARA Title III Community Right to Know shall be provided at the time of any City review, including site plan. Information regarding the activity or at the time of any change of use or expansion, even for existing uses, shall be provided to the Director.

(iii) Outdoor Storage and Display: Outdoor storage and permanent display areas shall only be located in the rear half of the lot beside or behind the principal structure. Portable display of retail merchandise may be permitted as provided in 21.04.040(h)

To provide for a mix of light manufacturing uses, office park, limited retail and service uses in a business park setting with proper screening and buffering, all compatible with adjoining uses.

Effective and efficient street design and access shall be considerations in the determination of project/district intensity.

Areas devoted to retail sales shall not exceed ten percent of the gross floor area of the principal structure, and 5,000 square feet on any lot or parcel.

(iii) Vibration, Smoke, Odor, Noise, Glare, Wastes, Fire Hazards and Hazardous Materials

No person shall occupy, maintain or allow any use in an I-0 District without continuously meeting the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials. Conditional use permits for uses in this district may establish higher standards and conditions.

(B) Noise: The owner and occupant shall regulate uses and activities on the property so that sound never exceeds 65 decibels at any point on the property line.

(C) Glare: lights, spotlights, high temperature processes or otherwise, whether direct or reflected, shall not be visible from any lot, parcel or right-of-way.

(E) Hazardous Materials: Information and materials to be used or located on the site whether on a full-time or part-time basis, that are required by the SARA Title III Community Right to Know shall be provided at the time of any City review, including site plan. Information regarding the activity or at the time of any change of use or expansion, even for existing uses, shall be provided to the Director.

Outdoor storage and permanent display areas shall only be located in the rear half of the lot, or beside or behind the principal structure. Portable display of retail merchandise may be permitted as provided in 21.04.040(h).

To provide for areas of light fabrication, manufacturing and industrial uses which are compatible with existing adjacent land uses, access to transportation and the availability of public services and facilities. I-1 Zones with conflicts between other uses can be minimized with orderly transitions of zones and buffers between uses.

Effective and efficient street design and access shall be considerations in the determination of project/district intensity.

Areas devoted to retail sales shall not exceed ten percent of the gross floor area of the principal structure, and 5,000 square feet on any lot or parcel.

(iii) Vibration, Smoke, Odor, Noise, Glare, Wastes, Fire Hazards and Hazardous Materials

(B) Noise: The owner and occupant shall regulate uses and activities on the property so that sound never exceeds 65 decibels at any point on the property line.

(C) Glare: lights, spotlights, high temperature processes or otherwise, whether direct or reflected, shall not be visible from any lot, parcel or right-of-way.

(E) Hazardous Materials: Information and materials to be used or located on the site whether on a full-time or part-time basis, that are required by the SARA Title III Community Right to Know shall be provided at the time of any City review, including site plan. Information regarding the activity or at the time of any change of use or expansion, even for existing uses, shall be provided to the Director.

(A) Outdoor storage and displays shall not be allowed in the front yard setback;

(B) Screening shall be maintained in the frontage adjacent to arterial and collector streets and along that portion of the frontage on local streets which adjoin any zone except I-1 or I-2;

(C) Unless required to buffer from an adjoining district, screening along all other property lines is not required; and

To provide areas of heavy and concentrated fabrication, manufacturing and industrial uses which are compatible with adjacent uses, easy semi-tractor trailer access to the state highway system and/or railroads and the availability of public services and facilities. Conflicts between the I-2 District must be minimized with other uses by orderly transitions and buffers between Uses.