Chapter 17.72 — GENERAL USE REGULATIONS

Where a public street, or alley, or parcel of land is officially vacated or abandoned, the regulations which apply to abutting property shall apply equally to such vacated street or alley; and the regulations applicable to the largest abutting parcel shall apply to any abandoned parcel.

(Ord. 823-2016 § 24 (part), 2016)

Public facilities necessary for providing the City with public improvements required by the General Plan, including public parks and safety installations, municipal, County, or special district yards and buildings may be located in any zoning district upon securing a conditional use permit as provided by this Title. (Ord. 823-2016 § 24 (part), 2016)

A. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be located on lots to provide safe and convenient access for servicing, fire protection, and required off-street parking.

B. In any residential district, public alleys may be used for access to rear yards and for required off street parking spaces in conjunction with a detached single-family dwelling unit or a two-family dwelling unit. No public alley may be used for access to required off-street parking in conjunction with a multiple-family dwelling unit. (Ord. 823-2016 § 24 (part), 2016)

A. In R districts, fences and hedges in side yards and rear yards may not exceed seven (7) feet in height, and may not exceed three (3) feet in front yards in order to provide a clear view in the front yard area onto the street, except in either of the following circumstances:

1. A height of four (4) feet may be permitted, provided that clear visibility is maintained above the height of three (3) feet. For purposes of this section, "clear visibility" is maintained if the average ratio of material to open space is a minimum of 40%.

2. An administrative use permit may be issued by the Planning Department to authorize fences as high as eight (8) feet between the side or rear yard of two adjoining or contiguous lots having a difference in ground elevation between the foundations of the homes, or at the property line. The height of the fence shall be measured from the ground level of the lower lot at the property line.

B. On a corner lot in any residential district, the following special restrictions shall apply:

1. Either street frontage may be deemed the front of the lot for purposes of determining the height of fences.

2. Nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of three (3) feet and ten (10) feet above the centerline grades of the intersecting street in the area bounded by the street lines on such corner lots and a line joining points along the lines thirty (30) feet from the point

of the intersection. Fences four (4) feet in height shall be permitted if in compliance with the requirements of subsection A.1. of this section.

C. The development of any property of a non-residential nature shall include a minimum six (6) foot solid block wall fence along the rear and side property lines where such a property abuts or rears on property zoned or used for residential uses and shall be reviewed and approved by the Planning Department.

(Ord. 823-2016 § 24 (part), 2016)

Until a permit has been issued by the Planning/Building Departments authorizing any of the following actions, no person shall do any of the following acts whether by themselves personally or through the act of an agent or employee:

• A. Erect new fencing.

• B. Extend or modify any existing fence.

C. Make repairs to an existing fence if the value of such repairs exceeds 50% of the replacement cost of installing said fence or if repairs are made to more than 25% of the existing fence. (For purposes of this section, a repair to "more than 25%" of an existing fence means repairs which exceed 25% of the linear footage of the total existing

fence.)

• (Ord. 823-2016 § 24 (part), 2016)

A permit is required for the construction of, or repair to, fences based on the following criteria:

• A. That the fence location falls outside of existing City property and/or right-of-way.

B. That the fence is in compliance with applicable zoning requirements. Applicants for a fence permit shall make application upon such forms as the City may prescribe, which application shall include but not be limited to a plan or other sufficient depiction to show the location of the fence for which a permit is being sought and its relationship to other structures and boundaries in the vicinity thereof.

• C. The City may collect a fee for processing the fence permit application in an amount as the City Council may, from time to time, establish by resolution.

• D. Nothing in this Section 17.72.042 or in any other part of this Code shall impose upon the City

Administrator/designee or any other official agent or employee of the City an obligation to determine the location of any private property lines, or to conduct any other research requested by any citizen or other person referable to the location of existing or proposed fences. Furthermore, no liability shall be imposed upon the City, nor any of its

officials, agents, employees or volunteers with respect to the issuance of any permits for the erection and/or repair of fences as required by this Code.

(Ord. 823-2016 § 24 (part), 2016)

A. Any person who performs any of the acts delineated in Section 17.72.041 without first obtaining a permit therefor shall be guilty of an infraction and may be punished therefor as provided in Chapter 17.00 "Administration and Enforcement" of this Code.

B. In addition to prosecution for an infraction as specified in paragraph A. above, any person erecting or causing to be erected, or repairing or causing to be repaired, any fence, without first obtaining a necessary permit therefor, may

be ordered to remove the fence and upon failure to do so, the City Council of the City of Gridley may authorize removal of the same, per Chapter 17.00. The costs of such removal may then be assessed against those persons acting without first obtaining a necessary permit and may be established in the same manner as an action based upon contract by way of a civil action.

• C. Nothing in this Chapter shall impose any limit upon any rights or remedies which might otherwise exist to the City of Gridley in that regard, the provisions of said Sections are cumulative and not limiting. (Ord. 823-2016 § 24 (part), 2016)

A. Construction material. All fences shall be constructed of appropriate and durable materials, such as wood, wrought iron, tubular steel, concrete, brick, stone, or similar material. Materials of poor quality or unattractive appearance, such as unfinished plywood, fiberglass, corrugated metals, and bare metal wire (whether barbed, razor, or smooth) shall be prohibited. For the purpose of these regulations, barbed wire includes concertina wire, razor wire, or any similar devise. Notwithstanding the above regulations, it shall be unlawful for any person to erect, construct or maintain any barbed wire fencing within the City except:

1. Not more than three courses of barbed wire may be installed above the top line of a six-foot (1.83 meters) chain link fence. Barbed wire may only be used in the following zoning districts:

• a. M-1.

• b. M-2.

• c. M-3.

• d. C-2.

2. Regardless of the zoning district, no barbed wire may be used in the following locations before first obtaining an administrative use permit that are:

• a. Visible to a residential zoned property; or

• b. Within twenty (20) feet of a public road.

3. Non-conforming barbed wire installed prior to 2005 shall be subject to the regulations contained in Chapter

• 17.03.

4. Barbed wire fences may be erected, constructed and maintained on premises zoned for agricultural uses and where such agricultural uses are allowed.

B. Maintenance. Maintenance and repair of all fences and walls adjacent to street rights-of-way relating to aesthetics and structural safety, such as paint, mortar, loose blocks, or damaged sections, shall be the sole responsibility of the owner of the property on which the wall is located.

(Ord. 823-2016 § 24 (part), 2016)

Towers, spires, chimneys, machinery, water tanks, radio aerials, television antennae and similar architectural and utility structures and necessary mechanical appurtenances may be constructed and used to a height not greater than twenty-five (25) feet above the maximum height established for the district in which such structures are located; provided, that and administrative use permit is obtained and that no such structure shall be used for sleeping or eating quarters or for any commercial advertising purposes. Additional heights may be permitted by the Planning Commission for public utility structures. Height limitations provided in this section shall not apply to public utility transmission towers and poles.

(Ord. 823-2016 § 24 (part), 2016)

Signage shall be subject to restrictions on total area, height, lighting, and location and manner of attachment to buildings. The restrictions may vary, depending upon whether the signage is classified as "business identification," "incidental," "special promotional," "off-premises directory," or "exempt," as described herein.

A. Business identification signage. Business identification signage is subject to the area and height restrictions described herein. For purposes of this section, business identification signage is any material containing the name and/or primary logo of a business and displayed in a manner visible from the exterior of the business site for purposes of attracting attention to that business.

1. Business identification signage is permitted on the exterior of structures in commercial and industrial zoning districts, and may be displayed on any side of a structure in those districts that:

• a. Provides public access into the structure;

• b. Provides a service to the public from outside the structure (such as a drive-up or walk-up window);

• c. Is visible from a street that borders the site on which the structure is located;

• d. Faces a parking lot shared with other businesses.

2. The total area of all business identification signage permanently affixed to any single side of a building window, wall and/or roof, the content of which is visible from the exterior of the structure, when measured as described herein, shall be limited as follows:

a. On the side of a structure which provides public access or a public service; two (2) square feet of signage for each lineal foot of the width of that particular side of the structure, up to a maximum of two hundred (200) square feet, except as provided herein.

b. On any side of a structure which does not provide public access or a public service, but which otherwise qualifies for signage (as described in this section), total signage may equal thirty-five percent (35%) of the ratio described above, up to a maximum of thirty-five (35) square feet.

c. The total area of signage permitted on any side of a structure may be doubled, up to a maximum of one hundred (100) square feet, subject to issuance of an administrative use permit from the Planning Department.

• d. Blade signs, which are perpendicular to a wall face, are allowed and shall be reviewed and approved by the Planning Department.

B. Incidental signage. For purposes of this section, incidental signage is any signage that is not classified herein as exempt, special promotional, off-premises directory, or as a business identification sign. Incidental signage is permitted, subject to the restrictions described below:

1. The total combined area of all incidental signage that is displayed on buildings or poles on a single lot may not exceed one percent (1%) of the area of the lot on which the signs are located.

2. The area of any single incidental sign may not exceed seventy-five (75) square feet, when measured as described herein.

C. Special promotional signage. Special promotional signage consisting of balloons, flags, and similar articles is permitted, subject to the following restrictions:

1. Such signage is permitted only on properties having non-residential uses, and shall be installed totally on the property at which the advertised activity occurs.

2. Such signage shall be permitted for a maximum of thirty (30) days in any twelve month period.

3. Prior to the use of such signage, an administrative permit shall be obtained from the planning office. No fee shall be charged for the permit.

D. Off-premises directory signage. All signs which advertise or promote business or services, including the availability of real or personal property for sale, where such business, goods, services or property, as the case may be, are not found or located on the parcel of property where the sign is located. Specifically included within the definition

of "off-premises directory signage" are all signs which fall within the provisions of California Civil Code Section 713. Off-premises directory signage is not permitted, except upon approval of a use permit and shall be subject to the following additional restrictions:

1. An off-premises directory shall be mounted on or adjacent to a building or use that is open to the general public.

2. The directory shall be primarily visible to pedestrians.

3. Listings shall be displayed in an orderly format.

4. Lettering for the directory shall be inscribed on similar, durable materials.

5. With regard to community resource-oriented directory signage, the area devoted to each individual listing shall not exceed 10 square feet.

6. As to any sign for which a use permit applicant can establish that such sign is governed by the provisions of California Civil Code Section 713, such sign shall be allowed to include the following information:

• a. That the property is for sale, lease or exchange by the owner or his or her agent;

• b. Directions to the property;

• c. The owner's or agent's name; and,

• d. The owner's or agent's address and telephone number.

7. As to any sign governed by the provisions of California Civil Code Section 713, aside from the fact that at least one sign which contains the above information shall be allowed for each parcel subject to a use permit application pursuant to this subsection, the parameter for approval of a use permit for such sign shall not be in any other way restricted and, in particular, the use permit may place reasonable restrictions on location, dimensions and design and may further take into consideration any adverse effect on public safety, including traffic safety.

ll be allowed for each parcel subject to a use permit application pursuant to this subsection, the parameter for approval of a use permit for such sign shall not be in any other way restricted and, in particular, the use permit may place reasonable restrictions on location, dimensions and design and may further take into consideration any adverse effect on public safety, including traffic safety.

8. As to any sign governed by the provisions of California Civil Code Section 713, the applicant for a use permit (at the applicant's discretion and subject to the requirements stated herein), after submission of a completed use permit application and payment of all required fees, may cause a sign to be erected which contains the information specified in subsection D.6., above, provided that such sign must be relocated and/or modified to comply with the requirements of the use permit that is subsequently issued. Any sign so erected must be located entirely on private property owned or controlled by the applicant, and cannot be greater than five feet (5') in height and cannot exceed 32 square feet of area. The use permit may allow signage of different parameters. The failure to comply with the provisions of this section (including the failure to relocate or modify the sign to conform to the requirements of the use permit) shall be a violation of this Title for which the owner of the property where the sign is located, as well as any other person, firm or corporation causing placement of the sign shall be subject to the provisions of Chapter 17.00.

E. Exempt signage. The following signage is exempt from limitations on height or area, and shall not be included in area calculations for business identification or incidental signage:

1. Signage displayed in the "feature windows" of the traditional recessed foyer of a theater.

2. Signage displayed without benefit of any special structure, frame or other mounting equipment.

• a. Exempt signage includes paper price signs taped or hung without frames in windows, and signage written in washable paint on windows.

b. Signage not exempt from area and height restrictions includes identification or incidental messages displayed from banners, A-frame (sandwich board) structures, and other relatively durable structures or frames used primarily to display continuously changing messages, whether mounted on a building or other structure, or placed elsewhere on the lot.

F. Measured area of signage. The measured area of a sign shall be as follows:

1. The measured area of a sign shall be the collective area required to encompass the entire visual display, including all words and graphics, from top to bottom and side to side.

2. For double-sided signs such as projecting signs and freestanding signs, the area of the reverse or second side shall not be included in calculations of total area of signage displayed.

G. Other building signage requirements. The manner in which signage is displayed on a building shall be as follows:

1. Signs attached to a wall shall be flat against the wall or designed as part of an architectural feature.

2. No portion of a sign attached to a roof shall project higher than the highest elevation of the side of the structure to which the sign is attached.

3. Projecting signs placed below the roof line shall be attached to the building in accordance with the height and setback regulations of the Uniform Sign Code and other regulation specified by this Title.

4. No portion of a sign shall project beyond the dripline of the structure excepting blade signs as approved by the Planning Department.

• H. Non-building signage requirements. Freestanding signs are permitted subject to the following restrictions, except as noted herein:

1. Pole signs are not permitted. Non-conforming pole signs shall be subject to the regulations contained in Chapter 17.03.

2. For the area within the eight-block downtown Gridley area bounded by Spruce Street, Sycamore Street, Vermont Street and the railroad tracks, one ground or monument sign is permitted per parcel, provided such signs meet the following requirements:

• a. Maximum area does not exceed twenty (20) square feet.

• b. Maximum height above the surface to which the sign is attached does not exceed three (3) feet.

3. Only one freestanding business identification sign may be located on any one parcel. The maximum permitted area of any sign shall be sixty (60) square feet.

4. The maximum area for any one incidental sign shall be 50 square feet. The combined area of all incidental signage that is displayed on buildings and/or freestanding signs on a single lot may not exceed 1% of the area of the lot on which the signs are located.

5. No portion of a freestanding sign may encroach upon required parking space in a manner which restricts use of the space for parking.

6. All and any part of a freestanding sign must be located behind the public right-of-way and in accordance with the adopted Uniform Sign Code.

7. Landscaping shall be provided around the base of any freestanding sign.

8. Monument signs shall not exceed eight feet in height, as measured from the base of curb, including the base, except for signs located on properties abutting State Route 99. Signs located on properties which abut State Route 99 shall not exceed twelve feet in height, as measured from the base of curb, including the base.

• I. Lighting of signage. For all signage, illumination is permitted, subject to the following restrictions:

1. No flashing lighting is permitted.

2. Monument signs abutting State Route 99 and the portion of Spruce Street and Sycamore Street from Highway

• 99 to Haskell Street may be internally illuminated; all other freestanding (including monument) signs shall be illuminated by exterior lighting; halo illumination is acceptable.

3. Monument signs containing changeable copy (electronic) displays are allowed only along the portion of Spruce Street from Highway 99 to Haskell Street on parcels zoned Public Quasi Public (POP), provided the following standards are met:

• a. The parcel is not adjacent to residential land uses;

• b. The electronic message display shall be incorporated into a high quality decorative structure compatible with the architectural design of the building(s) on the site;

c. No more than one electronic message display shall be permitted on a site. The electronic message display may be single-faced or double-faced;

• d. The electronic message display shall be an electronic LED (Light Emitting Diode) screen;

• e. The message shall not flash on and off. A message shall remain fixed for a minimum of eight (8) seconds. Fading in or out, or scrolling of text shall be permitted as transitions;

• f. The electronic message display shall be maintained in good operating condition and external appearance at all times;

• g. The electronic message display shall not result in unacceptable light intensity and glare impacting surrounding property;

• h. The electronic message display component of the sign structure shall not exceed 1/3 of the total sign area per sign face;

• i. The sign must meet all other requirements of Section 17.72.060 for signs.

• J. Political signage. Political signs may be posted in all zoning districts, subject to the following restrictions:

1. Such signs may not be posted until three (3) months before an election and must be removed within ten (10) days after the election.

2. Such signs shall be no larger than thirty-two (32) square feet and no higher than five (5) feet.

3. Signs displayed within the sight distance area described in Gridley Municipal Code Section 17.72.040B. may not exceed three (3) feet in height.

4. Signs consistent with the above specifications may be posted within the public right-of-way behind a curb or sidewalk.

(Ord. 823-2016 § 24 (part), 2016)

No dwelling unit shall be constructed in or moved into any zoning district unless the unit meets the minimum applicable building code standards for residential occupancy of that particular type of dwelling unit. (Ord. 823-2016 § 24 (part), 2016)

"Bed and breakfast inn" means any building used in whole or in part for sleeping and living facilities of not more than five guest units, available to the public for hire on an overnight or limited-term basis. Such use may also include meal service, if limited to guests.

• A. Bed and breakfast inns shall be permitted in any residential, business and professional, historical or commercial zone, provided a use permit is obtained pursuant to Chapter 17.08 when required.

• B. No use permit shall be granted unless the following findings are made:

1. The conversion of an existing building to a bed and breakfast inn will not damage any significant historical features or character of such building.

2. Adequate off-street parking can be provided equivalent to one space per guest unit, plus two spaces for the innkeeper or caretaker. Such parking spaces shall be constructed and maintained in accordance with the requirements of Chapter 17.76 of this code.

3. The bed and breakfast and permitted ancillary uses will be compatible with adjacent uses.

• C. The following special requirements shall be complied with:

1. Signs. One sign shall be permitted; the size, location, and lighting to be determined at the time of a use permit public hearing.

2. Building standards. Buildings proposed for conversion to a bed and breakfast inn shall be required to comply with residential building code standards upon conversion, provided that where meal services is to be provided, higher standards may be applied to kitchen facilities where necessary to protect the public health and safety.

3. Ancillary activities. The use permit may authorize limited ancillary activities such as weddings, receptions, fund-raisers or similar events attended by non-guests, subject to conditions which are necessary to satisfy Chapter 17.52 including, but not limited to, restrictions upon the frequency and time of holding events, duration thereof and the maximum number of persons attending. Unless expressly authorized in the use permit, such ancillary activities are prohibited.

(Ord. 823-2016 § 24 (part), 2016)

• A. The location of any adult entertainment business may not be:

1. Within 500 feet of any public or private school, park, or any church.

2. Within 500 feet of any other adult entertainment business.

• B. Materials which characterize the adult entertainment portion of a business may not be sold to or be made available for viewing by persons less than eighteen years of age.

• (Ord. 823-2016 § 24 (part), 2016)

All outdoor refuse collection areas for businesses located on commercial and industrial zoned properties shall be visually screened from access streets, highways, and adjacent properties by an opaque screen. All refuse collection areas shall:

A. Be located remote from main project entrances, main building entrances, and main circulation paths. Enclosures should be located to provide easy accessibility for users, adequate room for servicing by refuse trucks, and should not hinder visibility for vehicle circulation.

• B. Be designed with a roof assembly as approved by the City.

• C. Provide landscaping to further screen the structure.

• D. Be large enough to provide refuse bins for refuse and one for recyclables. The City may upon review of the project, adopt additional refuse collection area requirements.

• (Ord. 823-2016 § 24 (part), 2016)