Whenever, in the course of administration and enforcement of this title, it is necessary or desirable to make any administrative decision, then, unless other standards are provided in this title, the decision shall be made so that the result will not be contrary to the spirit and purpose of this title or injurious to the surrounding neighborhood.

(Ord. 822-2016 § 3 (part), 2016)

   The City Council shall:

   A.   Render decisions on amendments to this chapter upon receipt of the recommendation of the Planning Commission;

   B.   Act on appeals of decisions by the Planning Commission.

(Ord. 822-2016 § 3 (part), 2016)

   A.   The City Planning Commission shall:

      1.   Interpret and administer the provisions of this title in such a way as to carry out the intent and purpose of the general plan as interpreted on the zoning map for the City;

      2.   Act on minor exceptions to and/or variances from the provisions of this title regarding the development of land and construction, enlarging, or alteration of any building or structure and to grant and revoke conditional use permits.

   B.   It is the purpose of this section to observe that activities and affairs of the people and the government of the City shall not be restricted by law in any manner such that the effect of the law would not serve the intent of this title. It is, therefore, provided in this title that certain forms of relief from the regulations of this title may be applied by the Planning Commission.

   C.   The Planning Commission shall, on the basis of all relevant information and under the standards of this title, make a finding in any matter of zoning relief. The Planning Commission may make any rules of procedure, consistent with law which may be necessary or convenient for carrying out its functions.

   D.   Act on appeals of the decision of the City Administrator or designee.

(Ord. 822-2016 § 3 (part), 2016)

   The office of zoning administrator is established. The zoning administrator shall administer the provisions of this title and shall have all administrative powers connected herewith which are not specifically assigned to some other officer or body. He shall have no power to vary or waive the requirements of this title.

(Ord. 822-2016 § 3 (part), 2016)

   Hereafter, no land use shall be commenced or changed and no structure shall be erected or enlarged until such use or enlarging has been reviewed for zoning compliance by the zoning administrator. The zoning administrator shall sign all building plans certifying zoning compliance for each building permit issued by the City. No certification of zoning compliance shall be issued where it appears that a proposed use or improvement is not a principal permitted use or accessory or is not in compliance with the letter of intent of the regulations of this title, unless some form of zoning relief has been obtained as provided by Chapters 17.08 and 17.09. No building permit may be issued by the City without a certification of zoning compliance. Any certification of zoning compliance based on any materially false statement in application or supporting documents is absolutely void ab initio and shall be revoked. No certification of zoning compliance shall remain valid if the use or structure it authorized became nonconforming in the district in which it is located.

(Ord. 822-2016 § 3 (part), 2016)

   Upon completion of any authorized use, building, structure or improvement, the zoning administrator shall affix to the pending building permit a seal certifying that such use, building, structure, or improvement complies with the applicable ordinances of the City and is suitable for occupancy. A temporary certificate of occupancy may be issued under circumstances where expressly permitted in Section 17.54.020.

(Ord. 822-2016 § 3 (part), 2016)

   A.   Investigations, penalties, abatement and enforcement of the provisions of this title shall be conducted or applied as specified and regulated in this code.

   B.   All departments, officials, and public employees of the City vested with the duty and authority to issue permits or licenses shall conform to the provisions of this chapter, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this chapter. Any such permit or license issued in conflict with the provisions of this chapter shall be null and void.

   C.   The administration of Sections 17.00.070 and 17.00.080 shall be the responsibility of the City Administrator/designee.

(Ord. 822-2016 § 3 (part), 2016)

   Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title shall be and is declared to be unlawful and a public nuisance.

(Ord. 822-2016 § 3 (part), 2016)

   The ordinance codified in this Title shall be known and may be cited as the zoning ordinance of the City of Gridley.

(Ord. 822-2016 § 4 (part), 2016; Ord. 458 § 1 (part), 1984).

   This Title is adopted:

   A.   To provide reasonable protective regulations designed to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare; and,

   B.   To protect the established character and the social and economic stability of existing residential, commercial, industrial and other types of improved areas: and

   C.   To assist and guide development consistent with the General Plan and the objectives and standards set forth therein.

(Ord. 822-2016 § 4 (part), 2016; Ord. 458 § 1 (part), 1984).

   No structure and/or uses shall be constructed, erected, placed or maintained and no land use commenced or continued within the City except as specifically, or by necessary implication, authorized by this Title.

(Ord. 822-2016 § 4 (part), 2016; Ord. 458 § 1(part), 1984).

   Whenever regulations or restrictions imposed by this Title are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule or regulation, the regulations, rules or restrictions which are more restrictive or which impose higher standards or requirements shall govern.

(Ord. 822-2016 § 4 (part), 2016; Ord. 458 § 1(part), 1984).

   It is not intended that this Title shall interfere with or abrogate or annul any easement, covenant or other agreement now in effect: provided, however, that where this Title imposes greater restrictions than are imposed or required by a private restriction, provisions of this Title shall apply.

(Ord. 822-2016 § 4 (part), 2016; Ord. 458 § 1(part), 1984).

   In interpreting and applying the provisions of this Title, unless otherwise stated, they shall be held to be the minimum requirements for the promotion and protection of the public safety, health and general welfare.

(Ord. 822-2016 § 4 (part), 2016; Ord. 458 § 1(part), 1984).

   A.   Whenever this Title vests discretionary-authority in the City Administrator or designee, a committee, or staff person to interpret any of the provisions of this Title, any applicant or other person affected by the interpretation thereof may appeal said discretionary decision directly to the planning commission provided that written notice of appeal is filed with the planning director not later than ten (10) days following the discretionary decision or other action taken.

   B.   Whenever this Title vests discretionary authority in the planning commission to interpret any provisions of this Title, any applicant or other person affected by the interpretation thereof may appeal said discretionary decision directly to the City council provided that written notice of appeal is filed with the City clerk not later than ten days following the discretionary decision or other action taken by the planning commission.

(Ord. 822-2016 § 4 (part), 2016; Ord. 529 (part), 1988)

   Existing uses, buildings and structures which do not conform to the regulations of the zoning district where located shall be subject to the regulations in this chapter, in addition to general regulations contained in other chapters of this Title, in order to permit the continued operation of such uses, buildings and structures, while providing for their eventual elimination. This chapter is intended to be administered in such a manner as to encourage the abatement of a nonconforming use or building, and the conformance of nonconforming lots.

(Ord. 822-2016 § 5 (part), 2016)

   A nonconformity is a building, structure, use or lot which, when erected, established, developed or created complied with all the applicable provisions of this Title or prior planning and zoning regulations, but which presently fails to conform to one or more of the provisions of this Title. Nonconformity shall include a building, structure, lot or use legally existing and located in the unincorporated territory which, upon annexation to the City, does not comply with the provisions of this Title. Refer to definitions in Sections 17.04.152 and 17.04.154.

(Ord. 822-2016 § 5 (part), 2016)

   Buildings, structures and uses which did not conform to the applicable provisions of this Title or prior planning and zoning regulations when established are violations of this Title and subject to the provisions of Section 17.00.070. No right to continue occupancy of property containing such a building, structure, or use is granted by this chapter, is allowed unless, such activity, use, or site development is lawfully permitted to continue and all permits and entitlements required by this Title are obtained.

(Ord. 822-2016 § 5 (part), 2016)

   Nonconformities include, but are not limited to, the following:

   A.   Nonconforming buildings or structures.

   B.   Nonconforming use or activity within a nonconforming building or structure.

   C.   Nonconforming use or activity within a conforming building or structure.

   D.   Nonconforming use or activity upon land containing no buildings or only structures incidental to the use of the land.

   E.   Nonconformance with development standards as defined in Section 17.04.051.

   F.   Uses which require a use permit which were not established in accordance with Chapter 17.08.

(Ord. 822-2016 § 5 (part), 2016)

   A.   A building, structure or part thereof which does not conform to the regulations for the zone in which it is situated, but for which a building permit, use permit, or variance was issued and exercised prior to the applicability of such regulations to the property, may be completed, provided that work is pursued continuously and without delay. Such building structure or part thereof shall be deemed to be a nonconformity and shall thereafter be subject to the restrictions set forth in this chapter.

   B.   A right granted by a variance or use permit requiring a building permit shall be deemed exercised when the permit has been secured, continuous onsite construction activity such as the pouring of a foundation, installation of utilities or other similar substantial improvements have commenced, and the construction is being diligently pursued to completion. Grading of a site shall not constitute construction activity. For purposes of this section, a right "requiring a building permit" shall mean a right by which specific construction activity requiring a building permit is authorized, which construction activity could not be legally performed in the absence of the variance or conditional use permit granting the right.

   C.   A right not requiring a building permit shall be deemed exercised when the activity permitted has commenced to the extent authorized by the variance or conditional use permit.

(Ord. 822-2016 § 5 (part), 2016)

   Nonconformities may be continued subject to the provisions of this chapter.

(Ord. 822-2016 § 5 (part), 2016)

   Except as permitted in Section 17.03.110, a nonconformity shall not be enlarged, expanded, or intensified:

   A.   To occupy a greater area, either on the same or on any adjoining parcel of land.

   B.   To other parts of a building when the nonconformity occupies a part of such building.

   C.   To displace a conforming use.

   D.   By use of non-adjoining land for parking, storage or other accessory or incidental uses.

   E.   By any other change in the nonconformity which has a significant impact upon the use and enjoyment of any other property in the area.

(Ord. 822-2016 § 5 (part), 2016)

   A Planning Commission conditional use permit is required to change from one nonconforming use to another nonconforming use. A conditional use permit must be granted prior to the change in nonconforming use or shall be subject to the provisions of Section 17.00.070.

(Ord. 822-2016 § 5 (part), 2016)

   A.   Structural alterations shall be permitted in nonconforming buildings or structures with the granting of a conditional use permit. Only such repairs as are a part of normal, necessary maintenance shall be permitted in nonconforming buildings or structures without an entitlement.

   B.   Such repairs shall not exceed fifteen percent (15%) of the replacement value of the building or structure in any one (1) year.

   C.   Structural alterations shall not be permitted in buildings or structures in which a nonconforming use exists.

   D.   Notwithstanding subsections A. B. and C. of this section, all repairs or alterations otherwise required by law shall be permitted.

(Ord. 822-2016 § 5 (part), 2016)

   A.   Notwithstanding any other provision of this chapter, the Planning Commission may issue a use permit to authorize an addition, enlargement or relocation of a nonconforming building, structure, or use, or to authorize a change of a nonconforming use to a similar or less intensive nonconforming use, upon a determination that the benefit to the public health, safety or welfare exceeds any detriment inherent in such change.

   B.   The procedural and substantive requirements for any hearing to consider changes to a nonconformity as provided in this section shall be the same as those for a use permit provided in Chapter 17.08. Both the standards in this section and the standards in Chapter 17.08 must be satisfied before an application for a change to a nonconformity may be approved.

(Ord. 822-2016 § 5 (part), 2016)

   A.   The discontinuance of a legal, nonconforming use for a continuous period of one (1) year shall terminate all rights in such conformity.

   B.   The discontinuance of a legal nonconforming use on a parcel of land containing no buildings and containing only structures incidental to the use of such land for a continuous period of three (3) months shall terminate all rights in such nonconformity.

   C.   The non-renewal of a business license establishes a presumption that the activity for which it was granted has been discontinued.

   D.   The abandonment of any nonconformity shall terminate all rights herein.

(Ord. 822- 2016 § 5 (part), 2016)

   If a nonconforming building or structure, or a conforming building or structure used for a nonconforming use, is damaged, destroyed, or demolished, the right to continue occupancy of the nonconforming building or structure, or to continue the nonconforming use shall cease; provided, however, that such building or structure may be repaired or rebuilt and reoccupied as follows:

   A.   If the cost of repairing or replacing the damaged portion of the building or structure does not exceed seventy-five percent (75%) of the total replacement value of the building or structure prior to damage or destruction, the building or structure may be restored and the use continued if such restoration is started within one (1) year of the date of damage or destruction and is diligently pursued to completion.

   B.   If the cost of repairing or replacing the damaged portion of the building exceeds seventy-five percent (75%) of the total replacement value of the building or structure prior to damage or destruction, a use permit shall be required to authorize the restoration of such building or structure and continue the use, upon a determination that the benefit to the public health, safety or welfare exceeds any detriment inherent in the restoration. The procedural and substantive requirements for any hearing to consider restoration of a nonconforming building or structure as provided in this section shall be the same as those for a use permit provided in Chapter 17.08. The standards in Chapters 17.03 and 17.08 must be satisfied before an application allowing restoration of nonconformity may be approved.

(Ord. 822-2016 § 5 (part), 2016)

   In the event that a legal nonconforming use or building is found to constitute a public nuisance, nothing in this chapter shall be construed to permit the retention of such nonconforming use or building. The City Attorney may, with the consent of the City Council, commence an action or proceeding for the abatement and removal of such nonconforming use or building.

(Ord. 822-2016 § 5 (part), 2016)

   Unless the context otherwise requires, the definitions contained within this chapter shall be used in the construction and interpretation of this title.

(Ord. 458 § 1(part), 1984).

   “Abutting” means land having a common property line or zone boundary line, or separated by a private easement or alley.

(Ord. 458 § 1(part), 1984).

   “Accessory use, structure or building” means a use, structure or building on the same lot and serving a purpose commonly incidental to principal use, structure, or building. Where an accessory building has a wall or portion thereof not less than four feet in length in common with the building or principal use, such accessory building shall be considered part of the principal building.

(Ord. 458 § 1(part), 1984).

   “Aggrieved party” means any person whose happiness or peace of mind is disturbed by any approval or denial granted pursuant to the provisions of this chapter, or any person who owns property which is affected in condition or value or reduced in desirability for possible present or future uses because of such approval or denial.

(Ord. 458 § 1(part), 1984).

   “Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and the necessary accessory uses; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities. As used in this definition, “accessory use” means those supply, service, storage, and processing areas and facilities to accommodate agricultural products produced on the premises. The above uses shall not include fur farms, feed lots, stockyards, slaughterhouses, commercial poultry farms, rice dryers, nut hulling works, hog farms, fertilizer works, fruit packing plants or plants for the reduction of animal matter, or similar commercial or industrial uses.

(Ord. 458 §1(part), 1984).

   “Agricultural processing plants” means facilities for the preparation, processing, packing, canning, or otherwise preparing agricultural products for sale or distribution.

(Ord. 458 §1(part), 1984).

   “Agricultural products” means natural products from the practice of agriculture.

(Ord. 458 §1(part), 1984).

   “Alley” means a public or private way not more than thirty feet in width affording only secondary means of access to abutting property.

(Ord. 458 §1(part), 1984).

   “Applicant” means any person who files an application for a permit, variance or change in zoning pursuant to the provisions of this chapter.

(Ord. 458 §1(part), 1984).

   “Appurtenant” means a necessary and/or legal accompaniment to a building or use on the same lot or premises.

(Ord. 458 §1 (part), 1984).

   “Block” means an area of land that is bounded by and contiguous to rights-of-way and/or other natural boundaries.

(Ord. 458 §1(part), 1984).

   “Boardinghouse” means a dwelling other than a. hotel or motel where lodging and meals for six or more persons are provided for compensation. “Boardinghouse” includes “roominghouse.”

(Ord. 458 §1(part), 1984).

   “Breezeway” means a roof structure open on at least two sides attached to and connecting portions of a main building, or a portion of a main building and accessory building.   (Ord. 458 § 1(part) , 1984).

   “Buildable area” means the usable portion of a lot remaining after required yards (setbacks) and easements have been provided.

(Ord. 458 §1(part), 1984).

   “Building” means any structure having a permanent foundation and roof or other covering supported by columns or walls and designed or used for the shelter or enclosure of any person, animal or property of any kind, or for use by commercial, industrial or other enterprises.

(Ord. 458 §1(part), 1984).

   “Main building” means a building in which is conducted the principal use of the lot upon which it is situated.

(Ord. 822-2016 § 6 (part), 2016; Ord. 458 §1(part), 1984).

   “Accessory structure” means a subordinate, building, the use of which is incidental and accessory to a principal use on the same lot.

(Ord. 822-2016 § 6 (part), 2016; Ord. 458 §1(part), 1984).

   “Building complex” means any group of two or more detached buildings under one ownership on the same or adjoining lots.

(Ord. 822-2016 § 6 (part), 2016; Ord. 458 §1(part), 1984).

   “Carport” means a structure designed and constructed to cover a parking space, having no more than two permanent walls and being attached to or standing apart from a main building.

(Ord. 458 §1(part), 1984).

   “Club” means any building or premises used for regular or periodic meetings of a group of persons organized for a nonprofit purpose, exclusive of groups organized to render a service customarily carried on as a business.

(Ord. 458 §1(part), 1984).

   “Combining district” means a district within which certain regulations and requirements may apply in addition to, or in lieu of, regulations and requirements of another zoning district to which the combining district has been attached.

(Ord. 822-2016 § 6 (part), 2016; Ord. 458 §1(part), 1984).

   “Commercial recreation center” means a business or group of businesses featuring one or more types of indoor amusement and diversionary activities for compensation. Examples are billiard rooms, theaters, bowling alleys, skating rinks, arcades featuring video games, pinball machines, shooting galleries, carnival rides and similar devices.

(Ord. 458 §1(part), 1984).

   “Condominium” means a dwelling unit within a condominium project in Section 783 of the Civil Code of the state or a community apartment project as defined in Section 11004 of the Business and Professions Code of the state. “Condominium” includes “townhouse.”

(Ord. 458 §1(part), 1984).

   “Convalescent home” means any institution, place, building or agency which maintains and operates organized facilities for convalescence, including care and treatment of chronic illness, without providing general hospital medical care.

(Ord. 458 §1(part), 1984).

   “Cottage Food Operation” means an enterprise that has not more than the amount in gross annual sales (per Sec. 7. Section 113758 of the Health and Safety Code), is operated by a cottage food operator, and has not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers.

(Ord. 807-2013 §2(part), 2013).

   “Cottage unit” means a single-family dwelling not exceeding six hundred forty square feet in floor area.

(Ord. 458 §1(part), 1984).

   “Development Standards” means a set of defining parameters to be followed in site or building development within the various zoning districts related to lot size, setbacks, lot coverage, parking, height, separation and aesthetic considerations to insure the best improvements are designed, implemented or constructed at a project location.

(Ord. 813-2015 § 1, 2015)

   “District” means a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain other regulations are applicable, all as set forth and specified in this title.

(Ord. 458 §1(part), 1984).

    “Driveway” means access from a street to a parking area or garage.

(Ord. 458 §1(part), 1984).

    “Duplex” means a two-family dwelling.

(Ord. 458 §1(part), 1984).

    “Dwelling” means a building designed or used for residential occupancy.

(Ord. 458 §1(part), 1984).

   “Group dwelling” means two or more unattached buildings containing dwelling units.

(Ord. 458 §1(part), 1984).

   “Multiple-family dwelling” means a dwelling designed or used for residential occupancy by more than two families, with or without common or separate kitchen or dining facilities, including apartment houses, dormitories, roominghouses, boardinghouses, row houses, townhouses and similar housing types, but not including hotels, motels, hospitals, or institutional residences.

(Ord. 822-2016 § 6 (part), 2016; Ord. 458 §1(part), 1984).

   A “primary dwelling” means an existing unit or a parcel used as living facilities for one or more persons with provisions for living, sleeping, eating, cooking, and sanitation, including mobile homes as permitted by the city regulations.

(Ord. 458 §1(part), 1984).

   A “second dwelling” means a detached or attached dwelling unit which provides complete independent living facilities for one or more persons with provisions for living, sleeping, eating, cooking and sanitation on the same parcel with a primary unit, not including tents or recreational vehicles. A second dwelling unit also includes efficiency units and manufactured homes.

(Ord. 720, 2003: Ord. 458 §1(part), 1984).

   “Single-family dwelling” means a detached dwelling unit, including a mobile home permitted to be and permanently installed on a foundation, designed for and occupied by one family only.

(Ord. 458 §1(part), 1984).

   “Two-family dwelling” means a detached dwelling containing two separate dwelling units under one roof designed for occupancy by two families living independently of one another.

(Ord. 458 §1(part), 1984).

   “Dwelling unit” means one room or several rooms connected together, constituting separate, independent housekeeping quarters containing independent cooking and sleeping facilities separated from any other rooms or dwelling units which may be in the same dwelling.

(Ord. 458 §1(part), 1984).

   “Easement” means a space on a lot or parcel of land and so indicated on a subdivision map or, in a deed restriction, reserved for and/or used for public utilities and/or public uses.

(Ord. 458 §1(part), 1984).

   A separate living space with a minimum floor area of 150 square feet intended for occupancy by no more than two persons which contains partial kitchen and bathroom facilities.

(Ord. 720, 2003).

   “Family” means an individual or a group of two or more persons who jointly occupy and have equal access to all areas of the dwelling unit and who function together as an integrated household unit.

(Ord. 797 §2, 2011: Ord. 458 §1(part), 1984).

   “Family care facility” means 24 hour residential care for six or fewer individuals who require any form of institutional care or supervision within the meaning of the Community Care Facilities Act (Health and Safety Code Section 1500 et seq.) where institutional residence includes such uses as rest homes, foster homes, orphanages, residential facilities for the blind, handicapped and mentally ill, maternity homes and homes for juvenile court commitments. Facilities which do not fall under these categories or provide services to more than six individuals, excluding members of the resident family or persons employed as facility staff shall be deemed residential care facilities.

(Ord. 807-2013 §2(part), 2013).

   “Family child care home” means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.

      1.   “Small family day care home” means a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home, as set forth in Section 1597.44 of the State of California Health and Safety Code and as defined in regulations.

      2.   “Large family day care home” means a home that provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home, as set forth in Section 1597.465 of the State of California Health and Safety Code and as defined in regulations.

(Ord. 807-2013 §2(part), 2013: Ord. 569 §1, 1990).

   “Feed yard” means a confined area wherein a large number of pigs, cattle or other livestock are kept with limited space per animal, to prepare such animals for market, where sixty percent or more of the feed for such animals is imported. “Feed yard” includes “feed lot.”

(Ord. 458 §1(part), 1984).

   “Fence” means a wall or barrier made of wire, wood, metal, masonry or other materials for the purpose of enclosing space or separating parcels of land.

(Ord. 458 §1(part), 1984).

   “Flea market” means an outdoor market or sale featuring temporary individual stalls or concessions setup for the purpose of selling used items such as clothing, furniture and merchandise. “Flea market” includes “swap meets.”

(Ord. 458 §1(part), 1984).

   “Floor area” means total gross area on all floors of main buildings as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways and open porches.

(Ord. 458 §1(part), 1984).

   “Foster home” means a home licensed for the care of indigent or homeless children.

(Ord. 458 §1(part), 1984).

   “Garage” means an accessory building or portion of a main building, enclosed on three or more sides, designed and/or used for the shelter or storage of vehicles.

(Ord. 458 §1(part), 1984).

   “Commercial garage” means a building, other than a private garage, used for the parking, repair, or servicing of motor vehicles.

(Ord. 458 §1(part), 1984).

   “Grade” means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the above ground level shall be measured at the sidewalk.

(Ord. 458 §1(part), 1984).

   “Guesthouse” means a detached accessory building intended for occupancy by guests without compensation of any kind as a condition of occupancy and used as sleeping quarters only, without cooking facilities. No mobile home or rental house shall be construed as a guesthouse.

(Ord. 458 § 1(part), 1984).

   “Guest ranch” means a farm or ranch where members of the public may stay for compensation which is intended primarily to allow guests to experience a rural life style.

(Ord. 458 § 1(part), 1984).

   “Height” means the vertical distance from the highest point on a structure, excepting any chimney, flagpole, or antenna on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.

(Ord. 458 § 1(part), 1984).

   “Highway” means any street designated and maintained as part of the state of California Highway system.

(Ord. 458 § 1(part), 1984).

   The following criteria shall be used in designating structures or sites as “historically significant:”

   A.   The structure or site is identified with the lives of historic people or with important events of the city;

   B.   The structure of site is particularly representative of an architectural style or way of life important to the city;

   C.   The structure or site is an example of a type of building which was once common, but is now rare;

   D.   The structure or site contains elements demonstrating outstanding attention to architectural design, detail, materials or craftsmanship.

(Ord. 712-2002, § II (part))

   “Home occupation” is an accessory use of a dwelling consisting of a business or gainful employment conducted within the dwelling by the inhabitants of the dwelling pursuant to the provisions of Chapter 17.44.

(Ord. 458 § 1(part), 1984).

   “Hospital or sanitarium” means any institution, place, building, or clinic which maintains and operates organized facilities for the diagnosis, care or treatment of human illness, including convalescence for overnight stay or longer.

(Ord. 458 § 1(part), 1984).

   “Hotel” means a building containing six or more bedrooms where overnight lodging without individual cooking facilities is offered to the public for compensation, primarily for the accommodation of transient guests. “Hotel” is not a motel or dormitory.

(Ord. 458 § 1(part), 1984).

   “Kennel” means any lot, building, structure, enclosure or premises wherein boarding and care services are provided for dogs, cats or similar small animals for more than five days in any calendar year. Typical uses include pet clinics, veterinary hospitals, boarding kennels and dog training facilities.

(Ord. 458 § 1(part), 1984).

   “Landscaping” means the improvement of any real property through the use of shrubs, hedges, trees, grass or other plants, decorative or functional fences, railings, statues, curbs, and similar structures to enhance the appearance of the property, reduce soil erosion, or provide screening for light and sound.

(Ord. 458 § 1(part) , 1984) .

   “Loading area” means that portion of a rear yard in any commercial or industrial district which is used for the moving, loading or handling of equipment or materials being moved to or from the use occupying the lot.

(Ord. 458 § 1(part), 1984).

   “Lot” means a parcel of land used or capable of being used under the regulations of this chapter and capable of being sold without the filing of any additional subdivision or parcel map, lawfully created as such in accordance with the subdivision laws and ordinances in effect at the time of its creation.

(Ord. 458 § 1(part), 1984).

   “Corner lot” means a lot located and being at the junction of two or more intersecting streets, with a boundary line thereof bordering on each of such streets. The shortest such street frontage shall constitute the front of a rectangular lot for purposes of determining front, side and rear yards.

(Ord. 491 (part), 1986; Ord. 458 § 1(part), 1984).

   “Key lot” means an interior lot having a side line which is the rear lot line of an adjoining corner lot.

(Ord. 458 § 1, 1984).

   “Substandard lot” means a lot of record which does not comply with the current applicable requirements for minimum area, width, depth, and access requirement of the district in which it is located, but which complied with the applicable requirements when it was placed on record.

(Ord. 458 § 1(part), 1984).

   “Lot area” means the total horizontal area included within lot lines of a parcel of land.

(Ord. 527 § 1 (part), 1988; Ord. 458 § 1 (part) , 1984).

   “Lot coverage” means the amount of lot area occupied by primary and accessory buildings and all paved areas including sidewalks, walkways, and parking pads.

(Ord. 825-2017 § 1, 2017; Ord. 527 § 1 (part), 1988; Ord. 458 § 1 (part) , 1984).

   “Lot line” means a line marking the boundary of a lot.

(Ord. 458 § 1 (part) , 1984).

   “Front lot line” means a line dividing a lot from any street or highway right-of-way.

(Ord. 458 § 1 (part), 1984).

   “Rear lot line” means any lot line which is not a front lot line and not a side lot line.

(Ord. 458 § 1 (part), 1984).

   “Side lot line” means a lot line other than a front lot line which meets the end of a front lot line or meets the end of any other lot line which is within thirty degrees of being parallel to such a front lot line.

(Ord. 458 § 1 (part), 1984).

   “Lot width” means the distance between side lot lines, as measured at the front setback line. For a corner lot, “lot width” means the average lot dimension perpendicular to the longest street frontage.

(Ord. 527 § 1 (part), 1988; Ord. 458 § 1(part), 1984).

   “Major recreational equipment” includes, but is not limited to, motorcoaches, travel trailers in excess of eight feet in length, three-quarter ton pickup trucks with campers, boats propelled by sails, inboard or outboard motors in excess of eight feet in length, and any other vehicles for use on land or water which is self-contained and exceeds thirteen feet in length and eight feet in height. One-ton or smaller customized vans are not considered major recreational equipment under this title.

(Ord. 458 § 1(part), 1984).

   “Manufactured home” means prefabricated, kit, or modular or other manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq). Manufactured home does not include a recreational vehicle or commercial coach.

(Ord. 822-2016 § 6 (part), 2016; Ord. 671, 1997).

   “Minor recreational equipment” includes, but is not limited to, one-ton customized vans, one-half ton pickups with campers, boats less than thirteen feet in length, off-road vehicles less than thirteen feet in length and eight feet in height.

(Ord. 458 §1(part), 1984).

   “Mobile food vendor” includes any motorized or non-motorized enclosed, partially enclosed, or enclosed vehicle, trailer, cooking unit, and/or grill, operated by any person, firm, representative, partner, associate, or employee who drives, operates, vends, prepares, processes, wraps and distributes foods and beverages which are “ready-to-eat/drink” or “prepared/cooked on-site” which are sold, or offered for sale, directly to any consumer excepting therefrom any food delivery vehicle delivering products ordered by home delivery customers.

(Ord. 806-2012 §2, 2012).

   “Mobile home” means a housing structure transportable in one or more sections, designed and equipped to be used with or without a foundation system, and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq.). Mobile Home does not include a recreational vehicle or commercial coach.

(Ord 671, 1997: Ord. 458 § 1(part), 1984).

   “Mobile home park” means an area or tract of land where two or more spaces are rented or leased or held out for rent or lease to accommodate mobile homes.

(Ord. 458 §1(part), 1984).

   A low profile freestanding sign erected with its base on the ground and designed to incorporate design and building materials which complement the architectural theme(s) on the site. Content of monument signs shall be organized in a clear and cohesive manner, avoiding individual commercial signs of varying color, size and font. The base of a monument sign shall not be counted as sign area.

(Ord. 773, 2007: Ord. 741, 2004)

   “Motel” means a building or group of buildings containing sleeping or dwelling units independently accessible from the outside where overnight lodging is offered to the public for compensation, primarily for the accommodation of automobile travelers.

(Ord. 458 §1(part), 1984).

   “Nonconforming structure” means a structure or portion thereof lawfully existing at the time the ordinance codified in this title became effective and which was designed, erected, or structurally altered for a use which does not conform to the use of the district in which it is located or which does not comply with all the height and area regulations of the district in which it is located.

(Ord. 458 §1(part), 1984).

   “Nonconforming use” means a use of a structure or land existing at the time of the adoption of the ordinance codified in this title which does not conform to the regulations for the district in which it is located, as set forth in this title.

(Ord. 458 § 1(part), 1984).

   “Owner” means the title-holder of record for a particular property or premises.

(Ord. 458 § l(part), 1984).

   “Parcel of land” means a geographical area enclosed within a boundary which can be physically determined on the ground.

(Ord. 458 § 1 (part) , 1984).

   “Parking lot” means a permanently surfaced area either within a structure or in the open for the parking of motor vehicles either for a fee or free of charge, either publicly or privately owned.

(Ord. 458 § 1(part), 1984).

   “Parking space” means a permanently surfaced area for the parking of motor vehicles, excluding driveways or access drives.

(Ord. 458 § 1(part), 1984).

   “Performance standards” means regulations for control of dangerous or objectionable elements” as defined in this title.

(Ord. 458 § (part), 1984).

   “Porch” means a roofed approach to a doorway extending from the exterior wall of the structure, that has a floor, a roof, and structural supports but not permanently, seasonally, or temporarily enclosed with solid materials, such as glass or lexan (a clear, durable, hard plastic material).

(Ord. 712-2002, § II(part)).

   “Professional office” means offices, professional offices, studios and clinics as follows: Accountant, bookkeeper, income tax consultant, advertiser, appraiser, draftsman, attorney, architect, landscape architect, engineer, surveyor, credit agency, collection agency, finance company, stock and bond broker, correspondence or secretarial service, physician, dentist, chiropodist, chiropractor, psychologist, optometrist, social worker, insurance, real estate, title insurance, travel agency, offices of governmental, charitable, cultural, educational, recreational and social organizations and similar uses.

(Ord. 458 § 1(part), 1984).

   “Public agency” means any taxing agency, government, district or municipality or subordinate division thereof.

(Ord. 458 § 1(part), 1984).

   A.   “Recreational vehicle” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

      1.   It contains independent living facilities (kitchen and bathroom.

      2.   It is built on a single chassis.

      3.   It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

      4.   It is constructed in accordance with Standard No. A119.2 of the American National Standards Institute, as it may be changed by the department’s regulations.

   B.   “Recreational Vehicle” does not include trailer-mounted collapsible tents.

(Ord. 577 §1, 1991).

   “Residential care facility” means a building or structure designed, intended or used as a residence which provides medical or nonmedical resident services to seven or more individuals in need of personal assistance essential for sustaining the activities of daily living, or for the protection of the individual, excluding members of the resident family or persons employed as facility staff, on a 24 hour a day basis. A facility that provides this service to six or fewer individuals is a “family care facility” (see Section 17.04.0765).

(Ord. 807-2013 §2(part), 2013: Ord. 458 §1(part), 1984).

   “Roadside stand” means a structure designed or used for the display or sale of agricultural products produced on the premises upon which a stand is located.

(Ord. 458 §1(part), 1984).

   “Service station” means a retail business establishment supplying gasoline, oil and other minor accessories and services for automobiles.

(Ord. 458 §1(part), 1984).

   “Setback” means the required distance between the. foundation of a building or required parking area and any lot line.

(Ord. 527 §1(part), 1988: Ord. 458 §1(part), 1984).

   “Sign” means any structure upon which is displayed any letters, figures, design, symbol, trademark, statuary or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, price, service -or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever for outdoor advertising purposes.

(Ord. 458 §1(part), 1984).

   “Electronic Changeable Copy Sign”, means a sign, any portion of which displays or has the ability to display electronically illuminated, scrolling or moving text, symbols or other images, utilizing LED, LCD or other digital or electronic technology, commonly known as electronic message or reader boards, electronic marquees, message centers or moving message displays.

(Ord. 800 §1, 2011).

   “Story” means that portion of a building included between the surface of any floor and the surface of the floor next above, except that the topmost story shall be that portion of a building included: between the surface of the topmost floor and the ceiling or roof above.

Ord. 458 §1(part), 1984).

   “Street” means a public or private thoroughfare which affords principal means of vehicular access to abutting property. “Street” includes avenue, place, way, boulevard, highway, road and any other thoroughfare traversable by motor vehicles except an alley.

(Ord. 458 §1(part), 1984).

   “Structural alteration” means any change in the supporting members of a building, such as bearing walls, beams or girders, columns, floor joists, ceiling joists or roof rafters.

(Ord. 458 §1(part), 1984).

   “Structure” means any constructed, erected, or placed material or combination of materials in or upon the ground including, but not by way of limitation, buildings, mobile homes, radio towers, sheds, signs and storage bins, and required parking areas, but excluding sidewalks, paving on streets, driveways, and open uncovered patios.

(Ord. 458 §1(part), 1984).

   “Trailer court” means land used for the temporary accommodation of two or more house trailers, travel trailers or recreational vehicles designed for human occupancy.

(Ord. 458 §1(part), 1984).

   “Public use” means a use operated exclusively by a governmental agency having the purpose of serving the public, including such uses as schools, parks, playgrounds, hospitals, and administrative and service facilities operated by such agencies.

(Ord. 458 §1(part), 1984).

   “Quasipublic use” means a use operated by a private nonprofit educational, religious, recreational, charitable, fraternal, or medical institution, association or organization having the purpose primarily of serving the general public, and including, but not limited to, such uses as churches, private schools, universities, community centers, recreational facilities, meeting halls and hospitals.

(Ord. 458 §1(part), 1984).

   “Variance” is an exception to the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconforming uses in the zoning district or uses in an adjoining zoning district.

(Ord. 458 §1(part), 1984).

   “Yard” means the area between any lot line and the setback required therefrom.

(Ord. 458 §(part), 1984).

   “Front yard” is the area extending the full width of a lot, between the front lot line and the required setback therefrom.

(Ord. 608, 1992).

   “Rear yard” means the area between a rear lot line and required setback therefrom.

(Ord. 527 §1(part), 1988: Ord. 458 §1(part), 1984).

   “Side yard” means the area between a side lot line and the required setback therefrom.

(Ord. 527 §1 (part), 1988: Ord. 458 §1(part), 1984).

   “Zone” means a zoning district.

(Ord. 458 §1(part), 1984).

   “Beverage means beer and other malt beverages, carbonated mineral and soda waters, and similar carbonated soft drinks in liquid form which are intended for human consumption.

(Ord. 522 §1(part), 1987).

   “Beverage container” means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic or other material, or any combination of these materials. “Beverage: container” does not include cups or other similar open or loosely sealed receptacles.

(Ord.522 §1(part), 1987)

   Department” means the California” Department of -Conservation.

(Ord. 522 §1(part), 1987).

   “Consumer” means every person who, for his or her use or consumption, purchases a beverage in a beverage container from a dealer. “Consumer” includes, but is no limited to, lodging, eating, or drinking establishment, and soft drink vending machines.

(Ord. 522 §1(part), 1987).

   “Dealer” means every person in this state, other than a lodging, eating, or drinking establishment, or soft drink vending machine operator, who engages in the sale of beverages in beverage containers to consumers.

(Ord. 522 §1 (part), 1987).

   “Redemption value” means the minimum refundable value established ,for each type of beverage container pursuant to the California Beverage Container Recycling and Litter Reduction Act, specifically Section 14560.

(Ord. 522 §1(part), 1987).

   “Redemption bonus” means any amount paid by the department pursuant to the California Beverage- Container. Recycling and Litter Reduction Act for an empty beverage container in addition to the redemption value.

(Ord. 522 §1(part), 1987).

   “Recycle,” “recycled,” “recycling,” or “recyclable” means the reuse or refilling of empty beverage containers, or the process of sorting, cleansing, treating, and reconstituting empty postfilled beverage containers for the purpose of using the altered form. “Recycle,” “recycled,” “recycling,” “or “recyclable” does not include merely sorting, shredding, stripping, compressing, storing, landfilling with, or disposing of an empty beverage container.

(Ord. 522 §1(part), 1987).

   “Recycling center” means an operation which is certified by the department and which accepts from consumers, and pays or provides the redemption value and any applicable redemption bonus pursuant to the California Beverage Container Recycling and Litter Reduction Act, or empty beverage containers intended to be recycled.

(Ord. 522 §1(part), 1987).

   “Recycling location” means a place, mobile unit, reverse vending machine, or other device where a certified recycling center accepts one or more types of empty beverage containers from consumers, and pays or provides the redemption value and any applicable redemption bonus for one or more types of empty beverage containers.

(Ord. 522 §1(part), 1987).

   “Reverse vending machine” means a mechanical device which accepts one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value and applicable redemption bonus, if any. The bonus payments may be aggregated over more than one container and then paid.

(Ord. 522 §1(part), 1987).

   “Recyclable material” is reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

(Ord. 522 §1(part), 1987).

   A.   Recycling Facility. A “recycling facility” is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California. Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include collection and/or processing facilities.

   B.   Collection Facility. A “collection facility” is a center for the, acceptance by donation, redemption, or purchase, of recyclable materials from the public. Collection facilities may include the following:

      1.   Reverse vending machine(s);

      2.   Small collection facilities which occupy an area of not more than five hundred square feet, and may include:

         a.   A mobile unit,

         b.   Bulk reverse vending machines or a grouping of reverse vending machines occupying more than eighty square feet,

         c.   Kiosk type units which may include permanent structures,

         d.   Unattended containers placed for the donation of recyclable materials;

      3.   Large collection facilities which may occupy an area of more than five hundred square feet and may include permanent structures.

   C.   Processing Facility. A “processing facility” is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of materials for efficient shipment, or to an end-user’s specifications, by means including baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

(Ord. 522 §1(part), 1987).

   A “mobile recycling unit” means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or. trailers, and used for the collection of recyclable materials.

(Ord. 522 §1(part), 1987).

   Uses providing goods and services which are:

   A.   Sought by owners or occupants of-the-adjacent-residential area many times each year.

   B.   Also provided in other locations-for the benefit of owners and occupants of residential areas which are not located within one-half mile of the proposed use.

(Ord. 590 §2, 1991).

   Open space excludes required parking area, but may include stormwater detention ponds which are accessible for recreation purposes when not filled with water.

(Ord. 590 §2, 1991).

   “Adult entertainment businesses” shall mean the following:

   A.   Adult bookstore. An establishment or business having as a predominant part of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, and limited in sale of such sexual materials to adults.

   B.   Adult; motion picture theater. An enclosed building with a capacity of two or more persons used predominately for commercially presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, or the showing or advertising of X-rated films, for observation by patrons therein.

   C.   Artist’s body painting studio. An establishment or business which provides the services of applying paint or other substance whether transparent or non-transparent to or on the human body when such body is wholly or partially nude.

   D.   Modeling studio.   An establishment or business which provides and/or offers the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.

   E.   Other adult businesses. Any other business or establishment which offers its patrons services or entertainment characterized by nude or seminude entertainment, and/or by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

   F.   Specified sexual activities. “Specified sexual activities” shall mean:

      1.   Human genitals in a state of sexual stimulation or arousal;

      2.   Acts of human masturbation, sexual intercourse, or sodomy;

      3.   Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

   G.   Specified anatomical area. “Specified Anatomical Area” shall mean:

      1.   Less than completely or opaquely covered:

         a.   Human genitals, pubic region,

         b.   Buttocks,

         c.   Female breast area below a point immediately above the top of the areola;

      2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 598 §4, 1991; Ord. 728, 2004).

   “Apartment hotel” is a building designed for or containing both apartments and individual guestrooms or rental units, under resident supervision, and which maintains an inner lobby through which all tenants must pass to gain access to apartments, rooms and units.

(Ord. 797 §1(part), 2011).

   “Emergency shelter” is a facility operated by a public or non-profit agency with minimal support services for homeless persons or disaster victims that is limited to occupancy of six months or less.

(Ord. 797 §1(part), 2011).

   “Farmworker (agricultural) housing” is a dwelling unit or dwelling units occupied by agricultural employees, as defined by California Labor Code Section 1140.4 and their dependents in compliance with the provisions of the Employee Housing Act.

(Ord. 797 §1(part), 2011).

   “Supportive housing” is permanent, affordable housing linked to health, mental health, employment and/or other supportive services as defined in California Health and Safety Code Section 50675.14 (b), with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

(Ord. 797 §1(part), 2011).

   “Transitional housing” buildings configured as rental housing developments as defined in California Health and Safety Code Section 50675.2 (h), but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

(Ord. 797 §1(part), 2011).

   A residential property that includes multiple single room dwelling units. Each unit is for occupancy by a single eligible individual. The unit need not, but may, contain food preparation or sanitary facilities, or both.

(Ord. 797 §1(part), 2011).

   Is a community apartment or condominium project that creates an undivided interest in land coupled with the right to exclusive occupancy of the apartment located therein, as defined by State law.

(Ord. 797 §1(part), 2011).

   The intent of this chapter is to identify the types of entitlements that are applied for in order to continue a use, develop property, develop property not in conformance with the development standards, or request confirmation of, deferment of, variance or conditional use, or any other review process prior to such development commencing.

(Ord. 822-2016 § 7 (part), 2016)

   The owner of real property, or the authorized agent of the owner, may submit an application for a permit, discretionary review, or legislative change request under this title relating to development on property. The application shall be in writing and shall be filed with the City.

   A.   The application shall be accompanied by an application fee as established by City Council under "Master Fee Schedule" and by the plans, specifications, and other information required.

   B.   The applicant shall attest by signature on the application that the information stated in the application is true to the best of the applicant's knowledge and belief.

(Ord. 822-2016 § 7 (part), 2016)

   No structure and/or uses shall be constructed, erected, placed or maintained and no land use commenced or continued within the City except as specifically, or by necessary implication, without the appropriate review by the City to allow such structures/uses.

(Ord. 822-2016 § 7 (part), 2016)

   This title may be amended by changing the boundaries of districts or by changing any other provisions thereof whenever the public health, safety and general welfare warrants such action.

(Ord. 822-2016 § 8 (part), 2016)

   A.   An application for a zoning amendment to property shall be accompanied by a fee established by resolution of the City Council and may be initiated by a property owner or the City.

   B.   Only the City may initiate a text amendment to the Gridley Municipal Code and no other party has authority thereof.

(Ord. 822-2016 § 8 (part), 2016)

   The Planning Commission shall hold public hearings as required by law on any proposed amendments, and shall give notice thereof in the following manner:

   A.   Hearings on the amendment of the text of this title require at least one (1) publication in a newspaper of general circulation not less than ten (10) calendar days prior to the date of hearing.

   B.   Hearings on a proposed rezoning of property require at least one (1) publication in a newspaper of general circulation not less than ten (10) calendar days prior to the date of the hearing. The City may post public notice of the rezoning not less than ten (10) calendar days prior to the date of the hearing along the streets and roads upon which the property proposed to be reclassified abuts and the vicinity thereof.

(Ord. 822-2016 § 8 (part), 2016)

   The Planning Commission, shall forward its recommendations to the City Council relaying its findings, a summary of its hearings, and recommendations to the City Council for final action.

(Ord. 822-2016 § 8 (part), 2016)

   A.   The City Council shall consider the matter at a public hearing subsequent to the action of the Planning Commission and shall give notice thereof by one (1) publication in a newspaper of general circulation at least ten (10) calendar days prior to such review.

   B.   The City Council may approve, modify or disapprove the recommendations from the Planning Commission.

(Ord. 822-2016 § 8 (part), 2016)

   A site development plan (SDP) is a master plan for the development of a parcel or a combination of parcels. The site development plan is intended to create a coordinated residential, commercial or industrial complex and shall show a unified and organized arrangement of buildings, off-street parking, vehicle and pedestrian circulation, landscaping, signing and service facilities which will minimize adverse effects on adjoining properties and neighborhoods.

(Ord. 823-2016 § 1 (part), 2016)

   A.   Procedures. The following procedures and standards shall apply to all development projects including developer/builder single-family residential, multifamily, commercial, industrial, and public/quasi-public uses, unless exempt under Section 17.07.040 and which do not require a use permit under the provisions of this Title.

      1.   Any use subject to the provisions of this Chapter shall be required to apply to the Planning Department for site development plan review prior to submitting an application for the issuance of a building permit. The application is considered complete when the completed application form, a site plan along with the information listed in Section 17.07.020B., in sufficient detail, is provided to adequately evaluate the project, and the application fee is submitted for review.

      2.   The application shall be circulated to staff for review and comment. The Planning Commission may exercise its discretion at the approval, disapproval, or modification of all site development plans.

   B.   Standards. The following information is required to be provided:

      1.   Landscaping and Irrigation Plan.

      2.   Lighting Plan.

      3.   Proposed signage.

      4.   Site Plan with parking calculation.

      5.   Grading Plan providing on-site and off-site drainage.

      6.   Fencing requirements.

      7.   Hours of operation.

      8.   Location and position of uses on property.

      9.   Noise level limitations.

      10.   Access location and encroachment standards.

      11.   Building design (exterior).

      12.   Other department or agency requirements.

      13.   Other requirements as deemed necessary and proper to protect the health, safety, and welfare of the residents of the City.

(Ord. 823-2016 § 1 (part), 2016)

   The decision of the Planning Commission may be appealed pursuant to Section 17.00.020.

(Ord. 823-2016 § 1 (part), 2016)

   Exemptions shall be as follows:

   A.   Interior building remodels.

   B.   Minor alterations on building exteriors (as determined by the City Administrator/designee).

   C.   Repair and maintenance of structures or parking areas.

   D.   Expansion of twenty-five (25) percent or less of horizontal or vertical of developed area; however, if the expansion should result in a requirement of more parking, a site development review application is required in accordance with Section 17.07.020.

(Ord. 823-2016 § 1 (part), 2016)

   An application fee for site development plan review shall be established by City Council resolution.

(Ord. 823-2016 § 1 (part), 2016)

   Use permit applications shall review the location, site development, or conduct of land uses which may have an impact on the area in which they are located or are capable of creating special problems for adjacent properties. The City Administrator/designee and/or Planning Commission may designate such conditions in connection with the granting of a use permit to carry out the purpose and intent of this Title, and may include, but not be limited to, the following:

   A.   Dedication of right-of-way.

   B.   Improvement of vehicle access to the subject property to City standards.

   C.   Regulation of height, number of stories.

   D.   Regulation of the nature, hours of operation, extent of use.

   E.   Regulation as to transferability of the use.

   F.   Regulation of landscaping for the protection of adjoining and nearby properties.

   G.   Regulation of off-street parking.

(Ord. 823-2016 § 2 (part), 2016)

   Temporary uses may be approved by the City Administrator or designee without a public hearing.

   A.   Temporary uses such as Christmas tree sales, flea markets, carnivals, and bazaars for nonprofit organizations or for compensation; recreational use of land zoned for residential or commercial uses not yet developed; advertising for promotional contests; sales on parking lots for any use except for the parking of automobiles, and peddlers as defined in Title 5, Chapter 5.04 may be approved by the City Administrator/designee for a period not to exceed 60 days. An application to extend the 60 day period may be submitted for consideration.

   B.   Mobile food vendors as defined by Section 17.04.145 may apply for a temporary use permit for a period not to exceed one year. Prior to the date of expiration, an application to continue the use shall be submitted to the City. A mobile food vendor may locate in any land use district provided it can meet the following requirements:

      1.   Proposed hours of operation and shall not exceed Monday through Sunday, 5:30 a.m. to 11:00 p.m. If locating within a residential construction project area sited adjacent to existing established residences, the hours are restricted to Monday through Saturday, 7:00 a.m. to 7:00 p.m.

      2.   All necessary permits from other state and local entities, such as the Butte County Environmental Health Department, shall be obtained and copies of approvals shall be provided to City staff prior to commencement of operations.

      3.   The location shall be kept free of litter generated by the business at all times. Trash and recycling receptacles shall be provided for customer use. Any waste generated shall be removed daily from the site.

      4.   All waste discharges are to be done at a facility approved by the City of Gridley Public Works Department and meet all Industrial Waste requirements. Other alternatives for discharge shall be reviewed and approved by City staff.

      5.   Outdoor speakers and outdoor music shall not be permitted on the site.

      6.   Signs shall be permitted on the vehicle only.

      7.   The Building Department shall review and approve any new or existing electrical connection/service to the mobile vending unit.

      8.   A business license shall be obtained prior to commencement of business. Refer to Title 5, "Business Taxes, Licenses, and Regulations".

      9.   The mobile food vendor vehicle shall be located on an approved, dust free, surfacing material for both the vendor and customers. Such surfacing may include rock, asphalt concrete, decomposed granite, etc. City staff shall review and consider proposals to determine the surfacing requested is appropriate.

      10.   The unit shall not be located within three hundred (300) feet of any public or private school, school grounds, or school district administration office.

      11.   The unit shall not be located closer than three hundred (300) feet to any restaurant unless written approval by the restaurant owner/operator is granted to the applicant and submitted to the City.

(Ord. 823-2016 § 2 (part), 2016)

   A.   Application shall be made on appropriate forms provided by the Planning Department.

   B.   Such application shall be accompanied by a fee set by resolution, no part of which shall be returned to any applicant.

   C.   A fee equal to the original application shall be submitted at the time an extension to a temporary use is requested.

   D.   An application with the established fee set by resolution shall be submitted for consideration by the approving body if an approved conditional or temporary use permit was granted and not established within a one year period as determined by the City Administrator/ designee and as described in Section 17.08.060, Revocation.

   E.   An application with the established fee set by resolution shall be submitted for consideration by the approving body if an approved conditional or temporary use permit was granted, established, and then vacated for a one year period as determined by the City Administrator/ designee and as described in Section 17.08.060, Revocation.

(Ord. 823-2016 § 2 (part), 2016)

   A.   The City Administrator/designee may approve or conditionally approve the following uses within his or her authority without a public hearing. Such approval must be based on evidence that supports the findings described in Section 17.08.040. Uses that do not fall within the categories defined below shall comply with the use and development regulations and entitlement review provision that otherwise apply to the property.

      1.   Fences exceeding height limitations. The City Administrator/ designee may issue a use permit for fences exceeding six feet in height between contiguous properties having different ground elevations pursuant to Section 17.72.040.

   B.   The City Administrator/designee may approve or conditionally approve a use permit within his or her authority without a public hearing. Such approval must be based on evidence that supports the findings described in Section 17.08.040.

   C.   When the City Administrator/designee determines to approve or conditionally approve an application for a use permit, the City Administrator/designee shall cause a notice of such determination to be served by mail on the applicant and each owner and occupant of property within 100 feet of the boundaries of the property which is the subject of the application. Such notice shall, in addition to setting forth the determination of the City Administrator/designee, set forth the right of any interested party to request Planning Commission review of the determination of the City Administrator/designee.

   D.   If the City Administrator/designee decides not to approve a use permit, the application shall be referred to the Planning Commission for action under Section 17.08.040.

(Ord. 823-2016 § 2 (part), 2016)

   A.   The Planning Commission shall hold public hearings on all applications and shall give notice in the manner prescribed by law, excepting those temporary uses pursuant to Section 17.08.020 of this Chapter, and those uses for which the City Administrator/designee may issue a use permit pursuant to Section 17.08.035 of this Chapter.

   B.   The findings necessary for the granting of a conditional use permit shall be that the establishment, maintenance, or operations of the use or building applied for will not under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or, be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the City or substantially impede enactment of the comprehensive plan.

(Ord. 823-2016 § 2 (part), 2016)

   A.   Appeal from any finding of the City Administrator/designee may be made in writing to the Planning Commission within ten calendar days from the date the City Administrator/designee mails notice of the decision to issue a use permit pursuant to Section 17.08.035. The Planning Commission may overrule the findings of the City Administrator/designee made pursuant to Section 17.08.040, and reverse or modify the action of the City Administrator/designee accordingly.

   B.   Appeal from any finding of the Planning Commission may be made in writing to the City Council within ten calendar days from the date of the commission's action. Such appeal shall be made to the City Council which may overrule the findings of the Planning Commission but may not grant a conditional use permit which differs from that specified in the written application to the Planning Commission.

(Ord. 823-2016 § 2 (part), 2016)

   A.   In any case where the conditions of the permit have not been or are not complied with, the City shall give notice to the permittee of intention to revoke such permit at least ten (10) calendar days prior to a Planning Commission hearing. Following such hearing the Planning Commission may revoke such permit.

   B.   In any case where a conditional use permit has not been used within one year after the date of granting thereof, or cases in which a use authorized by a use permit has been suspended for more than one year, then prior to issuance of a building permit or any subsequent permit required to initiate or reestablish the use, the City Administrator/designee shall consider whether circumstances upon which the approval of the use permit was based have changed.

      1.   If the City Administrator/designee determines that no significant changes have occurred, the approved use shall be allowed to be initiated or reestablished without further action by the Planning Commission.

      2.   If the City Administrator/designee determines that significant changes have or may have occurred, the Planning Commission shall consider the matter at its next regularly scheduled meeting, and determine whether to give notice to the permittee of intention to revoke such permit.

      3.   A use permit that has not been initiated after one year from the date of approval, or the approval for a use that has subsequently been suspended for more than one year after being initiated, may be revoked by the Planning Commission following a noticed public hearing on the matter.

      4.   Prior to revocation, the Planning Commission shall make findings that establishment, maintenance, or operations of the use or building applied for or involved will, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City or substantially impede enactment of the comprehensive plan.

(Ord. 823-2016 § 2 (part), 2016)

   A.   A permittee may request an extension of any time limitations previously made part of the conditions of approval for the use permit pursuant to Section 17.08.030, Application procedure.

   B.   A noticed public hearing will be held before the Planning Commission for consideration of time extension. Unless otherwise conditioned by the Planning Commission, all conditions of approval must be completed by the permittee within twelve months of the permit issuance.

(Ord. 823-2016 § 2 (part), 2016)

   A.   Any permittee may apply for a modification of the use permit by applying for reapplication pursuant to Section 17.08.030, Application procedure.

   B.   The Planning Commission at a noticed public hearing may modify the permit by changing, deleting or adding conditions to the existing permit. Any such modification shall be subject to the appeal process pursuant to Section 17.08.050, Appeal.

(Ord. 823-2016 § 2 (part), 2016)

   A.   Where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of this Title would result from the literal application of certain area, height, setback, or coverage regulations in this Title, variances may be granted as provided in this section.

   B.   The Planning Commission may grant a variance when it finds that the grant of a requested variance will cause no significant hazard, annoyance or inconvenience to the owners or occupants of nearby property; will not significantly change the character of the neighborhood or reduce the value of nearby property; will not impose any significant obstacle to implementation of this Title or of the General Plan. The Planning Commission may attach any conditions to the grant of a variance under this section which it may find necessary to insure that the intent and purpose of this Title are in all respects observed.

(Ord. 822-2016 § 9, 2016)

   A.   Application shall be made on appropriate forms provided by the Planning Department.

   B.   Such applications shall be accompanied by a fee set by resolution of the City Council, no part of which shall be returned to any applicant.

(Ord. 822-2016 § 9, 2016)

   The Planning Commission shall not grant a variance unless findings can be made:

   A.   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to lands, structures or buildings in the same district;

   B.   That literal application of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title;

   C.   That the granting of such application will not, under the circumstances of the particular case materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

(Ord. 822-2016 § 9, 2016)

   Appeal from any finding of the Planning Commission in the matter of a variance may be made in writing within ten calendar days from the granting or denial of a variance. Such appeal shall be made to the City Council, which may overrule the findings of the Planning Commission, but may not grant a variance which differs from that specified in the written application to the Planning Commission.

(Ord. 822-2016 § 9, 2016)

   A.   In any case where conditions attached to the granting of a variance have not been or are not complied with the zoning administrator shall give notice to the permittee of intention to revoke such variance at least ten calendar days prior to the public hearing before the Planning Commission thereon. After the conclusion of the hearing, the Planning Commission may revoke such variance.

   B.   In any case where a variance has not been used within one year after the date of granting thereof, then without further action by the Planning Commission, the variance permit granted shall be null and void. The Planning Commission may approve a one-year extension upon written request by the permittee one month prior to the expiration date.

(Ord. 822-2016 § 9, 2016)

   The variance permit shall be deemed granted when the appeal period has lapsed and the permit has been signed by the applicant and City Administrator/designee. The applicant must sign the variance permit within thirty days of receipt of the permit by certified letter. Any variance permits approved that are not signed within the thirty-day period shall expire.

(Ord. 822-2016 § 9, 2016)