Grand Junction planning commission backs zoning changes to align with state law on household occupancy

The City of Grand Junction Planning Commission voted to forward a recommendation of approval to City Council for an ordinance that would remove family-based occupancy limits from the city's zoning code and update related definitions, Planning Manager Nikki Gailhouse told the commission.

The ordinance, introduced at the June 10 meeting, implements provisions of what staff identified as House Bill 24-1007 (referred to in the presentation as the HOME Act), which staff said became effective July 1 and "establishes that the city of Grand Junction shall not limit the number of people living together in a single dwelling based on familial relationship," Gailhouse said. The proposed code rewrite removes the term "family" from the code, replaces "single-family" with "single-unit" and "multi-family" with "multi-unit," and alters the household definition to strike the phrase limiting households to "no more than four unrelated persons."

The ordinance text also adds a household-occupancy measurement section referencing the state law and saying that occupancy limits may be set only by "demonstrated health and safety standards" or applicable affordable-housing program guidelines, Gailhouse said. Staff recommended approval, saying the changes were consistent with the city's comprehensive plan goals on housing and with state law.

The public record at the hearing included objections to a separate, related measure staff said would accompany the ordinance: a proposed moratorium on the city's enforcement of its group-living regulations. Lincoln Fulkers, executive director of The Arc of Mesa County, urged the commission to oppose any moratorium that would delay or limit group-living homes, saying such a pause would disproportionately affect people with disabilities. "A moratorium on group living facilities threatens to undo years of progress," Fulkers said during public comment.

A resident who identified himself as Cody Kennedy, speaking as a private citizen and referencing family members who rely on group living, also opposed a moratorium. Kennedy said moratoria and enforcement pauses would reduce housing options for people with disabilities and others on fixed incomes and that many group-living arrangements are already run informally in the city.

City legal staff and planning staff answered commissioners' questions about liability, enforcement, and practical effects. Assistant City Attorney Jamie Beard said the recommended ordinance is intended to bring the city into compliance with state law and noted that some state grant programs condition eligibility on compliance with state statutes. Beard also said the moratorium under consideration by City Council would suspend city enforcement of the local group-living provisions while staff and council work through how those provisions interact with the state law.

Commission discussion touched on enforceability, public-safety standards that could limit occupancy (for example, building and fire code requirements), and community impacts such as parking and neighborhood character. Commissioners noted enforcement of the prior "family" definition had been complaint-driven and often difficult to prove. One commissioner said the changes are intended in part to create standards that are clearer and more enforceable than the previous family-based language.

After deliberation, a motion to forward a recommendation of approval to City Council — "that the Planning Commission forward a recommendation of approval to city council with the finding of fact listed in the staff report" — passed on a recorded tally of yes 6, no 2, abstain 1. The commission's recommendation moves the ordinance to City Council; the moratorium language is a separate item staff said will be considered by council and is not before the commission.

If City Council adopts the moratorium described by staff, the effect would be to suspend enforcement of the city's standalone group-living regulations so group-living arrangements would be treated as either a single-unit or multi-unit dwelling under existing categories, staff said. Staff also emphasized that other standards could still apply: building, fire and public-health codes, and any state licensing requirements would remain enforceable even if Title 21 group-living rules were suspended.

The commission's action is advisory; City Council will consider the ordinance and the related moratorium at a later meeting. Staff said they would send the redline and clean copies of the ordinance to commissioners and that the draft will be revised before it reaches council if city attorneys or council request changes.