Chapter 17.81 — ACCESSORY STRUCTURES

The following provisions to control the construction and use of accessory structures on residential, commercial and industrially zoned properties within the City for the preservation and protection of the aesthetic appearance of the community, property values, and the public health, safety and general welfare. (Ord. 823-2016 § 28 (part), 2016)

In order to keep the City of Gridley clean, safe, and ensure a healthy environment, the provisions of this Chapter shall apply to all property and structures within the City, including nonresidential lands and vacant lots. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between this code and other standards, the provisions of the most restrictive shall govern. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the currently adopted California codes for all trades as well as zoning code requirements. (Ord. 823- 2016 § 28 (part), 2016)

If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (Ord. 823-2016 § 28 (part), 2016)

A. “Accessory structure” means a structure, metal/other container of any size, or building on the same lot and serving a purpose commonly incidental to the principal use, structure, or building.

B. “Detached accessory structure” The accessory structure has no wall or portion thereof in common with the primary structure.

C. “Attached accessory structure” The accessory building has a wall or portion thereof in common with the primary structure.

D. “Metal/other container” means any container originally constructed to transport or store large quantities of goods by ship, rail, or truck not exceeding the dimensions of up to 8' x 8' x 40'. (Ord. 823-2016 § 28 (part), 2016)

Private garages, carports and other accessory buildings may be attached to and have a common wall with the main building or, when located as required by this Title, may be connected by a breezeway. (Ord. 823-2016 § 28 (part), 2016)

No accessory building shall be erected in any required yard setback except it may be located five feet from the rear property line within the rear yard setback area.

(Ord. 823-2016 § 28 (part), 2016)

No detached accessory building shall be erected within six feet of any other building with the exception of metal shipping/other containers as noted in "C" below.

Metal shipping containers may not be located in any zoning district except R-S, C-1, and C-2 with a conditional use permit in accordance with Chapter 17.54. The location of containers within these districts is further restricted:

A. Containers shall not be located equal to or in front of the leading edge of the home or business closest to the street frontage;

• B. Container may not be placed within the driveway or parking area next to or in front of structures;

• C. Containers shall not be closer than 20 feet from any wall of a structure on the site.

• D. Containers shall not be placed in a location causing disruption to drainage, swales, or other public work improvements.

Metal shipping containers are allowed by right and do not require a conditional use permit in zoning districts M-1, M-2, and M-3. Sections 17.81.090 (A), (B) (C2) and (C3) shall be complied with in the M-1, M-2, and M-3 zoning districts.

(Ord. 823-2016 § 28 (part), 2016)

Accessory structures whether attached or detached may not be used for habitable space/living quarters. (Ord. 823-2016 § 28 (part), 2016)

A. An accessory structure may not be allowed as the principle use in any allowed zone. No accessory structure shall be allowed to be placed on a vacant site without the primary use first established.

B. All accessory structures of any size shall be maintained and in good condition, free of obvious deterioration, all exterior surfaces areas painted, doors and windows operable and structurally intact. Repairs shall be made and the integrity of the unit/structure shall be maintained.

• C. Metal Containers shall adhere to the following requirements:

1. Metal containers where allowed shall be screened from view from any public right-of-way or easement. Any unit located closer than 100 feet from a residential use shall be screened from view. Screening shall consist of the use of materials such as fencing or dense landscaping.

2. Metal container may not be used as animal habitation in any form.

3. Metal containers shall not be connected to any utilities.

4. Metal containers shall be painted the same color as the primary structure. Should the unit be defaced with graffiti, it shall be repainted the same color of the unit, or, the entire unit shall be repainted to be a uniform color. No paint patching will be allowed.

• D. Temporary use of metal containers:

1. The City Administrator for the City of Gridley or his or her designee may issue a temporary conditional use permit to maintain a metal storage container provided such container is utilized for the storage of construction

materials and uses incidental to construction and further provided that such structure is actually used for the storage of construction materials to be utilized on the site where the structure is located. If the location proposed is within the City right-of-way or easements, the applicant shall obtain an encroachment permit.

2. A temporary use permit may be issued for an original term not to exceed one year (and for a single extension not to exceed six months) only if all of the following criteria are met:

a. The storage container/structure is located on the site where construction is to occur, pursuant to a current and validly issued building permit.

b. At the time of application for a permit, the construction site consists of unimproved property (for purposes of this Section "unimproved" shall refer to property not then improved with buildings or other structures) or previously improved property proposed for redevelopment.

c. The applicant provides all requested information on forms as might be prescribed by the City of Gridley Fire Chief to demonstrate that the requirements for issuance of a permit have been met.

d. The applicant agrees, as a condition of issuance of the permit, to remove the storage container/structure at the earlier of the time the permit expires or construction is complete.

e. An applicant may apply for a temporary conditional use permit for property that has been improved with buildings or other structures to store construction materials for additions or remodel of the existing principal and/or accessory structures. The temporary use permit may be initially granted for a period of 6 months and allow 1 extension for 6 months.

f. For any particular parcel of improved property for which a temporary conditional use permit has been issued, no further permit applications or issuances shall occur for a period of 1 year after issuance of the original permit (by way of example, if a permit is issued pursuant to this Section allowing a storage container on improved property for the storage of construction materials, application may not be made for a new permit, nor shall an additional permit be issued until 1 year have elapsed following the issuance of the original permit. This requirement is intended to limit applications for permits under this Section with respect to improved property and to require applicants to organize their construction projects such that, to the extent storage containers are deemed necessary during construction, such projects occur simultaneously and are not spread out over an extended period of time). (Ord. 823-2016 § 28 (part), 2016)

A. No later than six months from the effective date of this Chapter the legal property owner, or the person/s in control of such property, shall submit in writing, to the City, the property's Assessor Parcel Number (APN), the property's legal owner, a "property diagram" illustrating the distances between a container and primary structures, from property lines and conformity to all setback requirements along with definition of successful visual barrier efforts. Any person(s) in control of such property, who is not the property owner, shall notify the legal property owner/s that the requirements of this section and that they must be met.

B. Failure on the part of the property owner, or the person/s in control of such property, to notify the City within the time frame set forth herein may result in code enforcement action.

C. Should a container exist on property that is not allowed as described herein, the container(s) shall be removed from the property within six (6) months from the effective date of this Chapter.

(Ord. 823-2016 § 28 (part), 2016)

A. All metal shipping containers shall be removed from all property prior to or upon the sale or transfer of residential property if located in zoning districts containers are not allowed in. Failure of the property owner, or individual in control of a property, to remove all containers from a residentially designated property in conformance to this Chapter shall be in violation of the Gridley Municipal Code.

B. It is the responsibility of the residential property owner, that prior to or upon the sale, transfer, or any change in ownership of residential property where a container(s) are located to remove all metal shipping containers from that residential property. Metal shipping containers not removed in accordance with the provisions of this section at the time of sale or transfer shall be, by the authority of this Chapter, in violation of this Chapter and be subject to removal at a date determined by the City. If the City is required to remove containers, the City will attempt to recover any costs thereof pursuant to the Gridley Municipal Code.

(Ord. 823-2016 § 28 (part), 2016)