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Fruita adopts state-mandated turf and 'family' code changes over one dissenting vote
Summary
City staff said state laws require prohibiting non-functional turf on specified property types and removing blood-relation limits in the definition of 'family'; Council adopted the text amendments 5-1 after discussion about grandfathering, enforcement discretion and the 2028 deadline for residential turf rules.
The Fruita City Council adopted land-use code amendments to comply with recent Colorado laws that restrict non-functional turf and prohibit municipal limits on occupancy based on blood relation.
Planner Joseph Morris told the council the amendments implement definitions required by House Bill 25-1113 (defining functional and non-functional turf) and House Bill 24-1007 (barring occupancy restrictions based on familial relationship). The ordinance bans non-functional turf and non-functional artificial turf on common-interest community property, rights-of-way, parking lot islands, commercial and institutional properties, and multifamily housing premises; it does not regulate turf on individual single-family lots at this time.
The text also replaces an external xeriscape reference with an internal Fruita appendix and tightens language about required shrubs and ground covers in parking-area landscaping. Staff noted existing nonconforming turf areas will remain grandfathered as pre-existing nonconformities, though enlargements or re-establishment after abandonment could be restricted.
Tessa Bynum asked whether the state-mandated 2028 residential requirements would apply retroactively; City Attorney Mary Elizabeth Geiger said retroactive application of land-use laws is generally unlawful and existing turf would remain a nonconformity, though enlarging or reestablishing turf could be problematic in the future.
Council voted 5-1 to adopt Ordinance 2026-03. Councillor Williams cast the lone no vote and voiced concerns about losing local flexibility; other council members said the changes were required by state law and that the city would coordinate with Ute Water and the community on implementation timelines and education.
The ordinance becomes effective 30 days after adoption. Staff recommended outreach before any residential-phase rulemaking tied to the 2028 state deadline.
