This section provides regulations and standards for well-designed facades on new or renovated buildings. These regulations encourage buildings that strengthen the quality and character of Fontana's corridors and surrounding areas while providing opportunities for creativity and discretion.

Property, including structures, land uses and physical improvements (such as landscaping and lighting) within the boundaries of the Form-Based Code area shall comply with all applicable requirements of the Form-Based Code article as follows:

(1)

Zoning district(s) requirements. All property subject to Form-Based Code article shall comply with the relevant requirements of the applicable district.

(2)

Conflicting requirements. Where a requirement exists for the same topic, in both the Form-Based Code article and other sections of the City of Fontana Municipal article, the requirements of the Form-Based Code article shall prevail unless otherwise specified.

(3)

Permit approval requirements. Each structure and land use shall be constructed, reconstructed, enlarged, altered, moved or replaced in compliance with the following requirements:

a.

Allowable use: The land use must be allowed in the zoning district where the site is located (see Table 30-359.A).

b.

Permit and approval requirements: Any and all permits or other approvals required by the Form-Based Code article shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed structure(s) is constructed and land use established or otherwise put into operation.

c.

Development standards, conditions of approval: Each land use and structure shall comply with the applicable development standards of the Form-Based Code article for the zoning district in which the site is located.

d.

Nothing in this Form-Based Code article eliminates the need for obtaining other permits required by the City of Fontana, or any permit, approval, or entitlement required by any other applicable district or agency, and/or the regulations of any state or federal agency.

(4)

Improvements, modifications or expansions to sites or structures.

a.

Improvements to a conforming site, an existing conforming structure(s), or a modification/expansion of an existing conforming structure(s) are subject to the applicable requirements of the Form-Based Code article.

b.

Improvements to a nonconforming site, an existing nonconforming structure(s) or a modification/expansion of an existing nonconforming structure(s) shall comply with the applicable requirements in Section 30-631 nonconforming regulations.

(5)

Approved entitlements or time extensions. Entitlements or time extensions approved prior to the adoption of the Form-Based Code article that have yet to be constructed are not subject to the Form-Based Code article. However, the entitlement(s) may not be extended beyond the approval period and any time extensions afforded to the entitlement(s).

The purpose of this section is to define the procedures for design review and administrative site plan reviews for the Form-Based Code districts and the types of projects that are subject to those procedures. Design and administrative site plan review is a process that enables the City of Fontana to ensure the quality and compatibility of proposed development. The procedures established herein will:

• Facilitate review of development proposals in a timely manner;

• Ensure conformance with all applicable local design guidelines, standards, and ordinances;

• Minimize adverse effects on surrounding properties; and

• Promote the goals of the general plan.

(1)

Pre-application meeting. Prior to the filing of an application for a design review or administrative site plan, the applicant shall hold a pre-application meeting with the Director of Community Development and other designated staff from departments and divisions.

(2)

Administrative site plan (minor). An application for minor administrative site plan review is required for any of the following activities requiring the issuance of a building permit for construction of buildings or structures which meets the following criteria:

a.

New construction of parking lots less than 5,000 square feet, expansion, or significant reconstruction of parking lots.

b.

Structural additions less than 1,000 square feet that meet all the requirements of the Municipal Code, including parking. All modifications shall be architecturally compatible with the existing building.

c.

Accessory structures totaling less than 1,000 square feet (i.e. shade structures, trash enclosures, generators, and additional mechanical equipment). All structures shall be screened from the public-right-of-way and adjacent properties. Accessory structures attached to the building shall match the existing building.

d.

Façade changes to an existing and previously approved entitlement, including paint hue changes.

e.

Projects involving a change or intensification of land use.

(3)

Administrative site plan (major). An application for administrative site plan review is required for any of the following activities requiring the issuance of a building permit for construction/reconstruction of buildings or structures which meets the following criteria:

a.

New construction 24,999 square feet or less for commercial or institutional projects designed to fully execute one of the architectural styles in Section 30-394. Commercial or institutional projects that do not utilize an architectural style included in Section 30-394 may be referred to the Planning Commission by the Director of Community Development.

b.

Structural additions for commercial projects which result in total building area of 24,999 square feet or less. The façade of the existing commercial building(s) shall be modified concurrently with the structural addition and shall utilize an architectural style included in Section 30-394. Commercial or institutional projects that do not utilize an architectural style included in Section 30-394 may be referred to the Planning Commission by the Director of Community Development.

c.

New construction, expansion, or significant reconstruction of parking lots 5,000 square feet or more.

d.

Commercial projects with existing buildings proposing to add additional buildings of 24,999 square feet or less.

(4)

Design review. An application for design review is required for any of the following activities requiring the issuance of a building permit for construction/reconstruction of buildings or structures which meets the following criteria:

a.

Residential projects of five units or more, excluding accessory dwelling units.

b.

New construction of 25,000 square feet or more for commercial and institutional projects.

c.

Structural additions which will result in a total building area of 25,000 square feet or more for commercial projects.

This section regulates nonconforming parcels, nonconforming structures, and nonconforming uses, including uses that are nonconforming as to required off-street parking. This section is intended to allow nonconforming lots, structures, uses, and off-street parking arrangements to continue to the extent consistent with the health, safety and public welfare purposes of the Form-Based Code districts, with the goal being to bring such nonconforming lots, structures, and uses into compliance with the overall vision.

(1)

Nonconforming buildings, outdoor operations or structures.

a.

Buildings, outdoor operations or other structures that are nonconforming as to setback, height, or other Form-Based Code provisions may be repaired, replaced, or added to, only to the extent permitted by this section:

1.

Subdivision. Lots which are nonconforming as to width may be adjusted or subdivided provided the resulting re-configuration brings the nonconforming lot into, or closer to, conformity with the requirements of this plan.

2.

Additions. A legal-nonconforming building, outdoor operation area or other structure may be added to, provided that an addition of 50 percent or more of the existing floor area shall trigger compliance with all Form-Based Code district provisions for the portion of the building or structure comprising the addition.

The following requirements must be met:

i.

Parking space requirements for the use or equivalent use (as determined by the Director) must be met, inclusive of both the existing floor space area and addition areas.

ii.

The design and architecture of the structure must be high quality and utilize compatible architecture with that of the existing building and neighborhood.

iv.

Expansions of outdoor nonconforming operations is not permitted including parcel mergers and site expansions, with the exception of display areas which may expanded.

v.

New loading and repair bay areas must be screened from the right-of-way by facing away from the right-of-way or with low walls and/or landscaping.

3.

Restoration of building or other structure. If a legal-nonconforming building or structure is damaged or partially destroyed (75 percent or less) by fire, flood, wind, earthquake, or other calamity or act of God, structural alterations, or other repairs for purposes of reconstruction may be carried out so long as they are repaired or replaced to no more than their original size (i.e., no additional floor area shall be added).

4.

Other repair. Repair of legal-nonconforming buildings or other structures, other than structural alterations and other repairs required for restoration of damaged or partially destroyed buildings, may be carried out provided that:

i.

No structural alterations may be carried out unless those structural alterations are determined by the Building Official to be required for protection of the public health or safety; and

ii.

No like-for-like reconstruction of nonconforming buildings or other structure may be carried out unless such reconstruction is determined by the Building Official to be required for protection of the public health or safety.

(2)

Remodels, and other additions or alterations. Notwithstanding any provisions of the above-listed standards, in any instance where a person proposes to, or commences to, alter, expand, or add to an existing nonconforming building or structure and nonconforming portions of the nonconforming building or structure are demolished in the course of such alterations, expansions, or additions, all nonconforming portions of the building or structure so demolished shall be reconstructed in compliance with all requirements of the Form-Based Code districts. This requirement shall apply regardless of whether such demolition is determined by the Building Official to be necessary to comply with the applicable building article or required for the protection of the public health and safety.

(3)

Nonconforming uses. A nonconforming use, including any uses incidental thereto, may not continue, if ceased for a period longer than six months. This shall not include time periods required for repairs, remodels, or expansions permitted in this section, but may not exceed 24 months.

(4)

Nonconforming as to parking. All uses that are nonconforming as to the off-street parking requirements of this plan shall comply with the following:

a.

Repair of buildings. Where the off-street parking provided for a use does not meet the requirements of this plan, repair of any building on the site occupied by that use may be carried out, provided that, no structural alterations may be carried out unless the Building Official determines those structural alterations to be necessary for the protection of the public health and safety, all off-street parking requirements of this plan must be met by any and all uses occupying, or otherwise using, any buildings on the subject site.

b.

Additions to building. Where the off-street parking provided for a use does not meet the requirements of the Form-Based Code districts, additions to buildings on the site occupied by that use may be carried out only if all requirements of the Form-Based Code districts are met by any and all uses occupying, or otherwise using, any buildings on the subject site.

c.

Vacancy. In addition to the above provisions regarding discontinuance of nonconforming uses and change of a nonconforming use to a conforming use, where any nonresidential use does not meet the off-street parking requirements of this plan, and the building which the nonresidential use occupied becomes and remains vacant for an uninterrupted period of six months, the building may not be reoccupied, nor may any new land use be initiated anywhere on the site, unless all requirements of the Form-Based Code districts are met.

(5)

Abatement of nonconforming uses. Where no buildings are occupied or otherwise used in connection with a nonconforming use, that use shall be terminated within six months from the date it became nonconforming, provided that for any use that becomes nonconforming as a result of a zone change, the specified two-year period of time for the termination of the nonconforming use shall be computed from the effect date of the zone change.

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

The following definitions shall apply to Article III of Chapter 30 of the Fontana Municipal Code (Development Code).

Accessory building means building(s) which are in support of the main building on the lot and subject to the building placement standards for accessory buildings.

Accessory dwelling unit means a residential dwelling unit that provides independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation, for one or more persons. See Zoning and Development Code for standards.

Adult day care facility—Health care means a non-residential facility that provides care and companionship for older adults who need assistance or supervision during day. Adult day health care offers intensive health, therapeutic, and social services for individuals with serious medical conditions and those at risk of requiring nursing home care.

Adult-oriented uses means any adult bookstore, adult mini-motion picture theater, adult motion picture theater, adult cabaret, massage establishment, or sexual novelty store as defined below:

(1)

Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals, which are distinguished or characterized by their emphasis on matters depicting, describing, or related to "specific sexual activities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale or display or such material.

(2)

Adult mini-motion picture theater means an enclosed building with a capacity for less than 20 persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to "specific sexual activities" or "specified anatomical areas" for observation by patrons therein.

(3)

Adult motion picture theater means an enclosed building with a capacity of 20 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation of patrons therein.

(4)

Sexual novelty store means an establishment having as a portion of its stock in trade in goods which are replicas of or which simulate "specified anatomical areas" or goods which are designed to be placed on "specific anatomical areas" to cause sexual excitement thereof.

Alcohol beverage sales, off-site consumption means the retail sale of beer, wine, and/or other alcohol beverages for off-premises consumption.

Alcohol beverage sales, on-site consumption means the retail sale of beer, wine, and/or other alcoholic beverages for on-premises consumption.

Alley means a low capacity thoroughfare with one, shared lane and no parking lanes, designed and intended for service and/or secondary access purposes.

Antique means work of art, furniture, decorative objects made at an earlier period at least 30 years old.

Antique store means a retail establishment with more than 50 percent of its merchandise being sold as antiques.

Apartment means a room or group of rooms that is designed, used or intended to be used as a single-family unit and is located in a multiple-family dwelling.

Arcade, game and video means establishments that provide more than five video or electronic games that require coins, tokens, or other form of payment to play. Arcade games may be permitted when ancillary to a main use.

Architectural feature means an architectural element, which alone or as part of a pattern, embodies the style, design, or general arrangement of the exterior of a building or structure, including, but not limited to, the kind, color, and texture of building materials, and style and type of windows, doors, lights, porches, and signs.

Art studio. See "Studio—Art, dance, martial arts, music (school)."

Assisted living facility means a special combination of housing, personalized supportive services, and health-related care designed to respond to the individual needs of those who require help with activities of daily living.

Automatic teller machine (ATM) means a type of banking and financial services with automated or self-service banking features with no staff or personnel provided.

Automobile body and painting means collision service including body or frame, straightening or repair, overall painting, or paint shop where all activities are conducted within an enclosed building.

Automobile/motorcycle repair means general repair, rebuilding or reconditioning of engines, motor vehicles, or motorcycle.

Awning means a roof or cover that projects from the wall of a building over a door or window, and made of canvas, aluminum or a similar material, which may be fixed in place or retractable for the purpose of shielding a doorway or window from the elements.

Balcony means a platform that projects from the wall of a building and is enclosed by a parapet or railing.

Bank/financial services means financial institutions, including, but not limited to: banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, other investment companies, securities/commodity contract brokers and dealers, security and commodity exchanges, and vehicle finance (equity) leasing agencies. Does not include check-cashing stores. (See also "automatic teller machine (ATM).")

Banquet hall means a room or building for the purpose of hosting a party, banquet, wedding or other reception, or another social event.

Bars, lounges, nightclubs, means an establishment where people gather to drink (alcohol). The establishment shall operate in compliance with any on-site consumption of alcoholic beverages, as licensed by the Alcoholic Beverage Control, and may offer facilities for dancing or performing floor shows.

Bed and breakfast establishment means one or more buildings containing a dwelling unit and not more than six guest rooms, where only breakfast or similar early morning meal is provided to registered guests and the price of the meal is included in the price of the accommodations. The relationship between the operator of the establishment and the occupants of the guest rooms must be that of innkeeper and gusts. Guest rooms are not to be rented for a period of less than 18 hours at a time.

Block means all property fronting on one side of a street between intersecting and intercepting streets, or between a street and a right-of-way, drainage channel, end of an existing cul-de-sac, or city boundary.

Block face means the aggregate of all the building facades on one side of a block. The block face provides the context for establishing architectural compatibility.

Boarding house means a residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether an owner, agent or rental manager is in residence.

Brew pub means an eating and drinking establishment having a small brewery on the premises which produces beer, ale, or other malt beverage, or wine, and where the majority of the beer/wine produced is consumed on the premises. This classification allows a brewpub to sell beer/wine at retail and/or act as wholesaler for beer of its own production for off-site consumption, with appropriate state licenses.

Building access means buildings are accessed in either of two ways: a) walk-up or b) point access.

(1)

Walk-up access means when an individual suite or dwelling is accessed by the pedestrian directly from a public sidewalk or private open space directly accessed by the public sidewalk. House-scale buildings are accessed only by walk-up access.

(2)

Point access means when individual suites or dwellings are accessed by the pedestrian through a common lobby. Block-scale buildings are accessed by either walk-up or point-access or, through a combination of the two.

Building height means the vertical extent of a building measured in stories to the eave of the highest story, not including a raised basement or a habitable attic. Height limits do not apply to masts, belfries, clock towers, chimney flues, and similar structures. Building height shall be measured from the average natural grade of the fronting thoroughfare.

Building type means a structure defined by the combination of configuration, placement and function. The building types used in the downtown Code are listed and described in Section 5.0 building standards.

Child day care facility means a facility that provided nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Includes day care centers, employer-sponsored child care centers, and family day care homes.

Child tutorial classes. See "Studio—Art, dance, martial arts, music (school)."

Civic means the term defining not-for-profit organizations dedicated to the arts, culture, education, government, transit and municipal parking facilities.

Civic building means a structure operated by governmental or not-for-profit organizations and limited to civic and related uses.

Clinic. See "medical services."

Commercial parking facility/garage means parking lots or structures operated by the City, or a private entity providing parking that is not accessory to a specific use. A fee may or may not be charged. Does not include towing impound and storage facilities.

Condominium means the ownership of single units in a multi-unit project with common elements.

Consignment store means a retail establishment with more than 50 percent of the goods are placed on consignment. Consignment is the art of placing goods in the hands of another, while still retaining ownership, until the goods are sold.

Convenience store means a retail establishment with extended opening hours and in a convenience location, stocking a limited range of household goods and groceries.

Courtyard means an unroofed area that is completely or partially enclosed by walls or buildings.

Cultural institution means a nonprofit institution engaged primarily in the performing arts or in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, dance and events, museums, art galleries, and libraries.

Cyber café means an establishment that provides more than six computers and/or other electronic devices for access to the internet, email, video games or computer software programs which are networked or which function as a client/server program, and which seeks compensation in any form from users. Cyber café is synonymous with PC café, internet café or cyber center.

Director of Community Development means the department head authorized to perform the duties of the Director of Community Development, including acting director of Community Development or other City employee designed to perform the duties of the Director of Community Development.

Drive-thru restaurant means a facility where food is prepared and served on the premises and which also allow motorists to order and purchase food without leaving their vehicles.

Drive-thru services means facilities where food or other products may be purchased, or services may be obtained by motorists without leaving their vehicles. Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee, photo stores, pharmacies, bank teller windows and ATMs, dry cleaners, etc., but do not include gas station or other vehicle services.

Driveway means a vehicular lane within a lot, or shared between two lots, usually leading to a garage, other parking or loading area.

Dwelling unit means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

Eating establishment means a place of business primarily engaged in the sale of prepared foods. Typical uses include fine sit-down restaurants, coffee shops, bakeries, delicatessens and specialty food-to-go.

Emergency shelter means temporary housing available to individuals and families experiencing homelessness. Shelters generally provide meals, sleeping facilities, and minimum case management services.

Encroachment means any architectural feature, structure or structural element, such as a gallery, fence, garden wall, porch, stoop, balcony, bay window, terrace or deck, that breaks the plane of a vertical or horizontal regulatory limit extending into a setback, beyond the build-to-line, into the public frontage, or above a height limit.

Escape room means a mental and physical adventure-based game in which players solve a series of puzzles and riddles using clues, hints, and strategy. Escape rooms may consist of a large, single room or span multiple rooms.

Façade means the vertical surface of a building.

Farmer's market certified means temporary markets, approved by the County Agricultural Commissioner and County Health Department, in which farmers sell their crops directly to the public. Certified Farmer's Markets are generally conducted once or more weekly. To participate in these markets, farmers must obtain a certificate from the County Agricultural Commissioner verifying that they grow the items being sold.

Frontage means a strip or extent of land abutting a thoroughfare, civic space or other public right-of-way.

(1)

Frontage, private. The area between the building facade and the shared lot line between the public right-of-way and the lot.

(2)

Frontage, public. The area between the curb of the vehicular lanes and the edge of the right-of-way.

Frontage coverage means the minimum percentage of the length of the frontage coverage zone that shall be occupied by a primary building façade(s).

Frontage coverage zone means the space between the minimum and maximum front yard setback lines and the minimum size yard or front yard setback line.

Gas/service station means a building and/or lot or use having pumps and storage tanks where motor vehicle fuels or lubricating oil or grease or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only; where deliveries are made directly into motor vehicles, including greasing and oiling on the premises and car washing.

Golf course, country club means golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities, driving ranges, "pro shops" for on-site sales of golfing equipment, and golf cart storage and sales facilities.

Grade, average natural means the average elevation of the ground level of the parcel surface as measured at the intersection of the minimum required rear and front building setback lines (or parcel lines if no setbacks are required) with the minimum required side building setback lines (or parcel lines if no setbacks are required) of the parcel.

Gross floor area (GFA) means the sum of the floor areas of the spaces within a building, including basements, mezzanine and intermediated-floored tiers and penthouses. Excludes non-enclosed (or non-enclosable) roofed-over areas, such as exterior covered walkways, porches, terraces or steps, roof overhangs, and similar features.

Guest room means a room or rooms, within a commercial establishment, such as a hotel/motel or bed and breakfast establishment, that are designed, used, or intended to be used as temporary or overnight accommodations by patrons.

Habitable space means space within a dwelling unit for living, sleeping, eating, or cooking.

Health and fitness club means a fitness center, gymnasium, health and athletic club, which may include any of the following: exercise machines, weight facilities, group exercise rooms, sauna, indoor tennis, handball, racquetball, and other indoor sports activities, indoor and outdoor pools.

Home occupation means residential premises used for the transaction of business or the supply of professional services. Home occupation shall be limited to the following: agent, architect, artist, broker, consultant, draftsman, dressmaker, engineer, interior decorator, lawyer, notary public, teacher, and other similar occupations, as determined by the Director. No external employees are allowed.

Hotel means an establishment that provides guest rooms or suites for a fee to guests for sleeping purposes. Access to units shall be through interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens).

Intensification of use means a change in the use of a structure or site, where the new use is required to have more off-street parking spaces than the former use, or a change in the operating characteristics of a use (for example, hours of operation), which generates more activity on the site.

Kennel means any lot, building, structure, enclosure or premises wherein four or more dogs or four or more cats are kept, whether for commercial, non-commercial, or veterinary purposes, including places where dogs or cats are boarded, kept for sale or kept for hire.

Landscaping means flowers, shrubs, trees or other decorative material of natural origin.

Land use means the purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

Live entertainment includes any act, play, revue, pantomime, scene, dance, or song, or any combination thereof performed in person either indoors or outdoors by one or more persons, with or without compensations, and with or without amplification. Does not include adult entertainment.

Live/work unit means a single unit (e.g. studio, loft, or one bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit is the primary dwelling of the occupant.

Loading space means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley, or other appropriate means of ingress and egress.

Long-term bike parking means sheltered bike parking with added protection and enclosure, and bikes may be stored for over two hours. Long-term bike parking comes in the form of bike lockers and lockups, which includes bike shelters, bike rooms, and bike parking stations.

Massing means the overall shape or arrangement of the bulk or volume of buildings and structures.

Medical services means a facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: medical offices with five or more licensed practitioners and/or medical specialties, outpatient care facilities, urgent care facilities, other allied health services. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "offices—professional."

Medical services, doctor's office means a facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five or more licensed practitioners is instead classified under "medical services—clinic, urgent care." Counseling services by other than medical doctors or psychiatrists are included under "office—professional."

Micro-brewery means an establishment primarily engaged in the production and distribution of beer, ale, or other malt beverages, and which may include accessory uses such as tours of the microbrewery, retail sales, and/or on-site consumption, e.g. "taproom/tasting room." This classification allows a microbrewery to sell beer at retail and/or act as wholesaler for beer/wine of its own production for off-site consumption with appropriate state licenses.

Mixed-use means a single building containing more than one type of land use or a single development of more than one building and use including, but not limited to, residential, office, retail, recreation, public, or entertainment uses, where the different land use types are in close proximity, planned as a unified complementary whole, and shared pedestrian and vehicular access and parking areas are functionally integrated. Mixed-uses may be integrated vertically (i.e. two or more different uses occupy the same building usually on different floors) or horizontally (i.e. two or more different types of uses are placed next to each other on the same parcel, planned as a unit, and connected with pedestrian and vehicular access).

Mortuary means funeral homes and parlors, where deceased are prepared for burial or cremation, funeral services may be conducted, and cremation may occur.

Motel means one or more buildings containing one or more guest rooms, without kitchen facilities, with at least 50 percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. Such facilities shall be designed, used or intended to be used as short-term overnight accommodations for transients. Guest rooms shall not be rented for a period less than 18 hours at a time.

Nonconforming building means a building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations.

Nonconforming use means a land use lawful when established but which does not conform to subsequently established zoning regulations.

Outdoor dining means the use of a public sidewalk and public right-of-way for the placement of tables, chairs, benches, planters, umbrellas, and related items for the purpose of serving food and/or beverages in conjunction with and adjacent to an eating establishment.

Outdoor dining area means a place on the public sidewalk or within the public right-of-way where patrons of an adjacent eating establishment or food court may consume food and/or beverage. The area may be used for either table service or for seating and consumption of take-out items.

Outdoor display and sales means the outdoor display of merchandise incidental to an adjacent indoor retail use, and certain independent outdoor retail sales facilities. Includes news and flower stands and outdoor dining areas. Does not include the sale of automobiles and recreational vehicles, mobile homes, or building or landscape materials.

Parapet means a low wall along the edge of a roof or the portion of a wall that extends above the roof line.

Parkway means the landscaped area between the sidewalk and the curb which is reserved for trees which are intended to shade the sidewalk and provide spatial definition to the streetscape.

Parolee, federal means an individual convicted of a federal crime, sentenced to a United States Federal Prison, and received conditional and revocable release in the community under the supervision of a federal parole officer.

Parolee home means any residential structure or unit, whether owned and/or operated by an individual or for-profit or non-profit entity, which houses between two to six parolees, unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration given and/or paid by the parolee and/or any individual or public/private entity on behalf of the parolee.

Parolee, state adult means an individual who is serving a period of supervised community custody, as defined in Penal Code § 3000, following a term of imprisonment in a state prison, and is under the jurisdiction of the California Department of Correction, Parole and Community Services Division.

Parolee, youth authority means an adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional revocable release in the community under the supervision of a youth authority parole officer.

Paseo means a public place or path designed for walking that is often within a block, between buildings or along the edge of a public open space.

Pawn Shop:

Pet boarding and kennel means facilities for keeping, boarding, training, breeding or maintaining for commercial purpose, four or more dogs, cats, or other household pets not owned by the kennel owner or operator. This classification excludes pet shops and animal hospitals that provide 24-hour accommodation of animals receiving medical or grooming services.

Pharmacy means a retail store that primarily sells prescription drugs, that may also sell non-prescription drugs and medical supplies, other health care products, and a limited variety of convenience items. A pharmacy shall not include the sale or distribution of medical marijuana/cannabis.

Podium means a continuous projecting base or pedestal under a building.

Pool hall means an indoor commercial recreational facility to accommodate the game of pool and billiards.

Primary structure means a structure that accommodates the primary use of the site.

Property line, front means the boundary line of a lot, which abuts a public street. On a lot abutting two streets, the front property line is the narrower lot line abutting a public street.

Property line, interior side means the boundary line of a lot which intersects the front lot line, the rear lot line, and any other side lot line.

Property line, rear means the boundary line of a lot which is opposite, and does not intersect, the front property line.

Property line, street side means on a lot abutting two streets, the street side property line is the wider lot line abutting a public street.

Public open space means public or semi-public outdoor spaces designed to facilitate community formation, interaction, relaxation, and contemplation through public gathering, activity, recreation, and/or leisure. Public open spaces may or may not have areas which are sheltered from the elements. Public open spaces can be publicly or privately owned and maintained.

Residential care facility means any licensed family home, group care facility or similar facility as determined by the Director of the State Department of Social Services which provides 24-hour non-medical services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding senior citizens.

Retail sales means the selling of goods, wares, or merchandise directly to the ultimate consumer.

School, elementary, middle, secondary, high means a public or private academic educational institution, including elementary, middle and junior high schools, secondary and high schools, and facilities that provide any combination of those levels.

Second hand store means a retail establishment that sells previously-used merchandise, more than 30 percent of which is not donated, such as clothing, furniture, appliances, household goods, sporting goods, books, recreational equipment, toys or other merchandise not considered to be antique, that is in good repair or has been restored or reconditioned to a clean and useable condition. This definition excludes antique stores, pawnshops, thrift stores, consignment stores and precious metal dealerships.

Senior housing means housing for persons 55 years of age or older. For married residents, either spouse must be 55 years of age or 100 percent disabled. For individuals who are not married, each individual must be 55 years of age of 100 percent disabled.

Setback, building means the area of a lot measured from a lot line to a building facade or elevation that must be maintained clear of permanent structures excepting galleries, fences, garden walls, arcades, porches, stoops, balconies, bay windows, terraces and decks (that align with the first-floor level) which are permitted to encroach into the setback.

Setback line, front yard means the line which defines the depth of the required front yard for the lot in order to generate and support the intended public realm of the zoning district. Said setback line shall be parallel with the right-of-way line when one has been established.

Setback line, rear yard or side yard means the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the zoning district.

Short-term bike parking means out in the open, unsheltered and unenclosed parking for bikes. It generally provides parking for less than two hours and is typically in the form of a bike rack. The primary advantage of short-term bicycle parking is high convenience as it is often located in the most central, high-traffic areas.

Sidewalk dining/sidewalk dining area. See "outdoor dining and outdoor dining area."

Significant center of employment means non-retail service uses such as hospitals, schools, administrative and professional offices, civic and manufacturing uses that provide employment (at one specific location) for more than 300 people.

Smoke/tobacco shop means a retailer where more than 40 percent of the floor area is dedicated for the sale of pipes, tobacco, flavored tobacco, pipe tobacco, vapor cigarettes, e-cigarettes, nicotine oils/liquids, cigars and cigarettes or similar merchandise and smoking equipment that is directly sold to the consumer.

Story means a habitable level within a building from finished floor to finished ceiling.

Structure means an improvement permanently attached to real property.

Studio—Art, dance, martial arts, music (school) means small scale facilities, typically accommodating no more than two groups of users at a time, in no more than two instructional spaces. Examples of these facilities are individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Larger facilities are included under the definition of "schools. business, trade schools, colleges."

Telecommunication facilities means public, commercial and private electromagnetic and photo-electrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections.

Thrift store means a retail establishment that derives more than 30 percent of its sales from donated, previously-used merchandise such as clothing, furniture, appliances, household goods, sporting goods, books, recreational equipment, toys or other merchandise not considered to be antique.

Utility means installations or facilities for furnishing to the public, electricity, gas, steam, communications, water, drainage, sewage disposal, or flood control, irrespective of whether such facilities or means are underground or above ground; utilities may be owned and operated by any person, firm, corporation, City department or board, duly appointed by state or municipal regulations.

Veterinarian clinic and/or hospital means an establishment used by a veterinarian for the care, grooming, and treatment of small animals and household pets, with all facilities within a completely enclosure building, except for vehicle parking.

Wall means a fence made of concrete, concrete block, brick, stone or similar masonry materials.

Wholesaling means selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers: or, acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a retail commercial use and it specially excludes the selling of goods directly to the ultimate consumer.

(Ord. No. 1828, § 8(Exh. A), 5-12-20; Ord. No. 1961, § 4(Exh. A), 1-28-25)

This section of the Form-Based Code establishes the permitted land uses in each district and the corresponding permit requirements. A parcel or building subject to the Form-Based Code shall be occupied with only the land uses allowed by Table 30-300.A—Land Uses. Definitions of allowed land uses are provided in Section 30-632 list of definitions.

(1)

Section 30-405—Overall Form-Based Code district map illustrates the overall land use plan for the Form-Based Code areas.

(2)

If a land use is not defined in this section, the Director of Planning may determine that the use is not permitted, or determine the appropriate definition and determine the proposed use to be permitted provided the Director of Planning approves a Director's determination and makes the following findings in writing:

a.

The land use will not impair the orderly implementation of the City of Fontana General Plan.

b.

The land use is consistent with the purpose of the applicable zoning district.

c.

The characteristics and activities associated with the proposed land use are similar to one or more of the listed land uses in Table 30-359.A—Land Uses and will not produce greater impacts than the land uses listed for the zoning district.

d.

The land use will be compatible with the other land uses allowed in the zoning district.

e.

The land use is not listed as allowed in another zoning district.

(3)

A "P" indicates a use is permitted by right subject to design review by the Planning Commission or administrative site plan review by the Director of Planning.

(4)

An "M" indicates the use requires the granting of a minor use permit (MUP).

(5)

A "C" indicates the use requires the granting of a conditional use permit (CUP).

(6)

A "—" means the use is not permitted in that zoning district. Any use that is not listed is not permitted.

(7)

Uses marked with an asterisk "*" indicate that the use is not permitted on the ground floor except on Sierra Avenue.

(8)

Uses marked with an S superscript " ^S " indicate that the use is subject to special use regulations in (reference specific use regulations) Section 30-360.

(9)

Uses marked with a DT superscript " ^DT " indicate that the requirement pertains to parcels within the downtown boundary.

Table 30-359.A.—Land Uses

Table 30-359.B.—Land Uses

(Ord. No. 1828, § 8(Exh. A), 5-12-20; Ord. No. 1830, § 8(Exh. A), 6-9-20; Ord. No. 1846, § 2, 11-10-20; Ord. No. 1865, § 8(Att. 2), 3-23-21; Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1961, § 4(Exh. A), 1-28-25; Ord. No. 1969, § 4(Exh. A), 5-27-25)

(a)

Bed and breakfast.

(1)

Operator. Bed and breakfast inns shall be operated by the property owner/manager living on the site.

(2)

Number of rooms. Bed and breakfast inns shall be limited to a maximum of six guest rooms for lodging, plus accommodations for the property manager/owner.

(3)

Food service. Food may only be served to registered overnight guests. Guest room cooking facilities are prohibited.

(4)

Rental period. Guest rooms shall not be rented for a period of less than 18 hours nor for a period not to exceed 72 hours.

(b)

Live/work.

(1)

The commercial component of live/work units are intended for use by the following occupations:

Accountants

Architects

Artists and artisans

Attorneys

Computer software professionals

Consultants

Engineers

Fashion, graphic, interior designers

Hair stylists

Home-based office workers

Insurance and real estate agents

One-on-one instructors photographers

The Director of Planning may authorize other similar uses/occupations.

(2)

A live/work unit shall not be established or used in conjunction with any of the following activities:

a.

Adult-oriented business, head shops, massage, or similar uses

b.

Entertainment, drinking, and public eating establishments

c.

Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale

d.

Businesses that involves the use of prescription drugs or recreational drugs

e.

Trade or private schools (this excludes private instruction of up to two students at any one time, such as music lessons and tutoring)

f.

Vehicle maintenance or repair (e.g. body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.)

g.

Storage of flammable liquids or hazardous material beyond that normally associated with a residential use

h.

Welding, machining, or any open flame work

i.

Any other activity or use, as determined by the Director of Planning to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.

(3)

Occupancy requirement. The residential space within a live/work unit shall be occupied by at least one individual employee in the business conducted within the live/work unit. No portion of the unit shall be sold or rented separately.

(4)

Design standards.

a.

Residential areas are permitted above the commercial component, to the side or behind the business component, provided that there is internal access between the residential and commercial space.

b.

The commercial component shall be restricted to the unit and shall not be conducted in the open space, garage, or any accessory structure.

c.

Floor area requirements. The floor area of the work space shall be between 25 and 50 percent of the total floor area. All floor area other than that reserved for living space shall be reserved and regularly used for working space.

d.

Separation and access. Each live/work unit shall be separated from other live/work units or other uses in the structure. Access to each live/work unit shall be provided from a public street, or common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the structure.

e.

Parking. Each live/work unit shall be provided with at least two off-street parking spaces. For areas outside of the downtown area plan, at least one of the two off-street parking spaces shall be accessible to the public. The Director of Planning may modify this requirement for the use of existing structures with limited parking.

(5)

Operating requirements.

a.

Sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.

b.

On-premises sales. On-premises sales of goods is limited to those produced within the live/work unit; provided, the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.

c.

Nonresident employees. Up to one person who does not reside in the live/work unit may work in the unit at any time.

d.

Client and customer visits. Client and customer visits to live/work units are allowed.

(6)

Changes in use. After approval and construction, a live/work unit shall not be converted to either entirely residential use or entirely business use unless authorized through a separate minor use permit.

(c)

Outdoor dining in the public right-of-way. The purpose of the regulations and standards in this section are to allow increased business and pedestrian traffic, encourage appropriate outdoor dining opportunities within public rights-of-way and to ensure that the space used for outdoor dining within the public right-of-way will service a public purpose. This section does not apply to outdoor dining on private property.

(1)

Location permitted. Outdoor dining areas within the public right-of-way are permitted on all commercially utilized properties, provided all development standards are met.

(2)

Permits required. It shall be unlawful for any business to use the public sidewalk and/or public right-of-way for outdoor dining without first obtaining a valid minor use permit and encroachment permit.

(3)

Establishment of an outdoor dining area shall require site plan review and permit issuance. Any person or business wishing to operate an outdoor dining area shall apply for a permit by submitting the following to the City:

a.

The site plan for the proposed outdoor dining are shall include the following:

1.

Chairs, tables, umbrellas, planters, signs and any other fixtures and furnishings to be included in the outdoor dining operation.

2.

The applicants primary eating establishment or food court and the proposed circulation to and from the outdoor dining area, as well as pedestrian circulation at the perimeter of the outdoor dining area.

3.

The public sidewalk or public right-of-way to be occupied with dimensions of the entire sidewalk or right-of-way and the clearance proposed for pedestrian access.

4.

Names of and main entrances to the businesses immediately adjacent to the applicant's eating establishment.

b.

Specifications and photographs of all proposed chairs, tables, umbrellas, signs, railings railing connections to the public sidewalk or right-of-way and the adjacent building, or other furnishing.

(4)

Design standards for outdoor dining area.

a.

The outdoor dining area shall be designed to facilitate sit-down dining activity through the utilization of chairs and tables. It shall also be compact and shall be clearly delineated to promote a visual relationship between the dining area and the surrounding pedestrian areas.

b.

Outdoor dining is permitted only where the sidewalk is wide enough to adequately accommodate both the usually pedestrian traffic in the area and the operation of the proposed activity. A clear, continuous pedestrian path not less than four feet in width shall be required for unimpeded pedestrian circulation outside of the outdoor dining area. The minimum width of said pedestrian path may be increased by the City Engineer in areas requiring public utility access. Pedestrian path means a continuous, obstruction-free sidewalk area between the outside boundary of the dining area and any obstruction including, but not limited to, parking meters, street trees, landscaping, streetlights, bus benches, public art, and curb lines.

c.

No outdoor dining area shall be located to block access either to or from a building. A minimum unobstructed clearance which extends two feet to either side of both door jambs shall be maintained.

d.

Where an outdoor dining area is located on a corner, the outdoor dining area shall not be permitted within three feet of the corner of the building, along both frontages. Where an outdoor dining area is located adjacent to a driveway or an alley, the outdoor dining area shall not be permitted within five feet of the driveway or alley. These requirements may be modified at the discretion of the City Engineer or Director of Planning in locations where the sidewalk adjacent to the proposed outdoor dining area is wider than usual, where the perimeter of the building has an unusual configuration, or where public safety is at risk.

e.

The floor of the outdoor dining area shall be at the same level as the sidewalk, and no alterations to the sidewalk or coverings on the sidewalk shall be permitted, unless expressly approved by the City Engineer.

f.

The permittee shall not expand its outdoor dining area onto the sidewalk frontage of an adjacent business.

g.

An outdoor dining area may be located directly adjacent to another outdoor dining area. No separation between outdoor dining areas shall apply.

h.

In no case shall an outdoor dining area be located directly to parking, unless separated by a landscape barrier at least four feet deep and three feet high.

i.

The design and appearance of all proposed improvements or furniture, including, but not limited to, tables, chairs, benches, umbrellas, and planters, to be placed in the sidewalk dining area shall present a coordinated and concerted theme and shall be compatible with the appearance and design of the principal building.

j.

A perimeter barrier shall be provided for the outdoor dining area. However, no barrier shall be required if the applicant proposes to limit the outdoor dining area to one row of tables and chairs abutting the wall of the establishment and if no alcohol will be served outside.

k.

All barriers shall complement the building façade as well as any street furniture and shall be between 24 inches and 36 inches in height.

l.

Barriers shall be removable. Barriers need not be removed each evening or night, but shall be capable of being removed, if needed, using recessed sleeves and posts, or by wheels that can be locked into place.

m.

Barriers shall be able to withstand inclement weather and 100 pounds of horizontal force at the top of the barriers when in their fixed positions.

n.

Objects placed on the sidewalk shall not interfere with or obstruct line-of-sight and shall maintain a clear sight triangle.

o.

Any umbrellas, heater, or similar feature used in an outdoor dining area shall be safely secured. All heaters shall be in compliance with applicable fire code.

p.

Outdoor lighting fixtures shall complement the style of the site. Lighting fixtures shall not create glare to pedestrians on the adjacent right-of-way and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the façade of the building or in the dining area in front of the façade.

q.

Signage advertising alcohol products on umbrellas shall be prohibited.

(5)

Parking. Space used for outdoor dining in the public right-of-way shall not be added to the gross square footage of the food service establishment when calculating parking requirements.

(6)

Standards of operation.

a.

The management of the eating establishment shall be responsible for operating the outdoor dining area and shall not delegate or assign the responsibility.

b.

Hours of operation for the outdoor dining areas are to coincide with those of the associated indoor restaurant. When the establishment ceases serving food for the day, further seating in the outdoor dining area shall be prohibited and the outdoor dining area shall close when the patrons already seated in it leave.

c.

The operator shall not permit the following outside of the building: food preparation, utensils, glasses, napkins, and condiments on unoccupied tables, busing service stations, or trash and garbage storage. All exterior surfaces within the outdoor dining area shall be easily cleaned and shall be kept clean at all times by the permittee.

d.

The permittee shall maintain the outdoor dining area and the adjoining street, curb, gutter, and sidewalk in a neat, clean, and orderly condition at all times. This shall include all tables, chairs, benches, displays, or other appurtenances placed in the public right-of-way. Provisions shall be made for trash receptacles to service the sidewalk dining area. The operator shall remove the debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street.

e.

Awnings and umbrellas shall be kept clean and in good condition at all times. Umbrellas shall not advertise alcohol products.

f.

Musical instruments or sound reproduction systems are permitted in outdoor dining areas but shall be maintained at sufficiently low volumes so as not to adversely affect the neighboring businesses, residents, or users of the public right-of-way beyond the outdoor dining area, or in violation of the City of Fontana Noise Ordinance.

g.

Fixtures and equipment approved by the City pursuant to an outdoor dining area permit may remain in and on the sidewalk during such time that an outdoor dining permit is in effect.

h.

Upon revocation or termination of an outdoor dining permit, all fixtures and equipment shall immediately be removed from the sidewalk, and the sidewalk returned to its original condition.

i.

No bar serving alcohol shall be allowed in the outside dining area.

(7)

Special closures. The City of Fontana shall have the right and power, acting through the City Manager or his/her designee, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk or right-of-way area. Such problems or conflicts may arise from, but are not limited, festivals, parades, marches and similar events, repairs and widening of the streets or sidewalks, or emergencies occurring in the area. To the extent possible, the permittee shall be given prior notice of any time period during which the operation of the outdoor dining area or the outdoor dining area shall be prohibited by the City.

(d)

Public assembly/auditoriums/meeting halls/religious facilities.

(1)

When this use is proposed within an existing developed property such as a retail shopping center and the parking standards cannot be met, a parking impact study shall be performed. It shall include the following information:

a.

Existing and proposed site plan.

b.

Transit, cycling and walking environment.

c.

Current parking inventory.

d.

Current land uses.

e.

Existing traffic conditions.

f.

Description of proposed land use including square footage.

g.

Calculation of required parking for proposed project based on current standards.

h.

Document availability of on street and shared parking opportunities.

i.

Calculation of peak parking demand based on proposed project land use.

j.

Document recommended parking to be provided (based on analysis with and without shared parking and other demand reduction factors).

k.

Provide maps to summarize and illustrate.

(2)

The completed parking impact study shall be submitted to the planning division for review. City staff will assess the study recommendations based on a standard alternative compliance application review process. This process includes the following criteria:

a.

Review criteria. To approve an exception to the standard, the Director of Planning must first find that the proposed project accomplishes the general purposes of the applicable section(s) of the land use code. In reviewing the request for an exception to the standard parking ratio and in order to determine whether such request is consistent with the purposes of this subsection, as required above, the decision maker shall consider the following:

1.

The anticipated number of employees or residents occupying the building.

2.

The number and frequency of expected customers or clients.

3.

The availability of nearby on-street parking (if any).

4.

The availability of shared parking with abutting, adjacent or surrounding land uses (if any).

5.

The provision of purchased or leased parking spaces in a municipal or private parking lot meeting the requirements of the city.

6.

Travel demand management programs (if any).

7.

Any other factors that may be unique to the applicant's development request.

(3)

The Director of Planning shall not approve an exception to the parking standard unless it:

a.

Does not detract from continuity, connectivity and convenient proximity for pedestrians between or among existing or future uses in the vicinity.

b.

Minimizes the visual and aesthetic impact along the public street of the proposed increased parking by placing parking lots to the rear or along the side of buildings, to the maximum extent feasible.

c.

Minimizes the visual and aesthetic impact of such additional parking on the surrounding neighborhood.

d.

Creates no physical impact on any facilities serving alternative modes of transportation.

e.

Creates no detrimental impact on natural areas or features.

f.

Maintains handicap parking ratios in compliance with current ADA requirements.

(e)

Vehicle sales and service.

(1)

Outdoor display. No vehicles shall be displayed with their hoods open, except in the display building, which shall be an enclosed structure. Balloons, spinners, pennants, banners, and other wind-blown devices are prohibited.

(2)

Orientation and screening, service bays. Service bay doors shall be located perpendicular to the street fronting the site and shall be screened from all other streets and adjacent residential development.

(3)

Outdoor intercoms. Outdoor amplification of sound shall not be audible beyond the property lines.

(4)

Orientation, main building. The structure shall be street-oriented, with pedestrian entrances from the street.

(f)

Schools.

(1)

Drop off/pick up area. The project shall include designated area(s) for drop off and pick up of students to prevent off site cueing and traffic congestion.

(2)

A proposed school shall not operate in a commercial complex.

(g)

Restaurant/coffee shop with drive thru.

(1)

The maximum front building setback of ten feet shall not apply when a drive-thru lane is placed adjacent to a street. The maximum ten-foot setback shall apply to the drive-thru lane instead of the building.

(2)

All buildings that include a drive-thru use shall be required to provide an outdoor patio area with permanent shade, tables and seating. The minimum size of the patio area shall be 20 percent of the total building square footage.

(Ord. No. 1828, § 8(Exh. A), 5-12-20; Ord. No. 1846, § 2, 11-10-20; Ord. No. 1865, § 8(Att. 2), 3-23-21; Ord. No. 1899, § 6, 7-26-22; Ord. No. 1969, § 4(Exh. A), 5-27-25)

The civic district consists primarily of civic and institutional uses and active and passive recreation areas.

* Required setbacks for civic buildings may be modified with Planning Commission approval.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Frontage Types

• Forecourt

• Arcade

• Gallery

Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

(Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1954, § 4(Exh. A), 7-23-24)

The station area district includes the Metrolink station and Omnitrans bus terminal as the primary anchors. This area provides a transition between the retail district, the south Sierra gateway district and Chaffey College.

* Required setbacks for civic buildings may be modified with Planning Commission approval.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Frontage Types

• Forecourt

• Shopfront

• Arcade

• Gallery

• Stoop

Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

(Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1951, § 4(Exh. A), 5-28-24; Ord. No. 1954, § 4(Exh. A), 7-23-24)

The downtown gateway district is primarily intended for commercial retail and personal service uses. New development should incorporate pedestrian elements to help serve as a transition to surrounding land uses.

* Required setbacks for civic buildings may be modified with Planning Commission approval.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Frontage Types

• Forecourt

• Lightcourt

• Shopfront

• Arcade

• Gallery

• Stoop

Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

(Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1951, § 4(Exh. A), 5-28-24; Ord. No. 1954, § 4(Exh. A), 7-23-24)

The neighborhood district is an area primarily developed with single-family detached homes. New development should preserve and exemplify the character of existing neighborhoods.

* See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Living area or a front porch shall be forward of the garage if provided.

Frontage Types

• Porch

• Stoop

• Dooryard

Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

(Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1951, § 4(Exh. A), 5-28-24)

The multi-family district provides higher densities focused along the fringe of the more urban development. New development should incorporate increased density with architectural design and materials that exemplify one of the designated architectural styles.

* See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Frontage Types

• Dooryard

• Stoop

• Forecourt

• Lightcourt

Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

(Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1951, § 4(Exh. A), 5-28-24)

The transitional district is adjacent to more intense commercial uses providing a transition to more sensitive uses, such as residential. This district includes a mixture of commercial office, retail, personal services, and residential.

* Required setbacks for civic buildings may be modified with Planning Commission approval.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Frontage Types

• Forecourt

• Stoop

• Porch

• Shopfront

• Dooryard

Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

(Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1951, § 4(Exh. A), 5-28-24; Ord. No. 1954, § 4(Exh. A), 7-23-24)

The Sierra gateway district is intended to encourage pedestrian-oriented development and land uses. Uses are to include a mix of medium- to high-density residential, retail and services, office, entertainment, education, and open space.

* Required setbacks for civic buildings may be modified with Planning Commission approval.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Frontage Types

• Forecourt

• Storefront

• Arcade

• Gallery

• Stoop

Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

(Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1951, § 4(Exh. A), 5-28-24; Ord. No. 1954, § 4(Exh. A), 7-23-24)

The Route 66 gateway district is primarily intended for commercial retail and personal service uses with incorporated automobile uses that have traditionally been located along the corridor.

* Required setbacks for civic buildings may be modified with Planning Commission approval.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Hotels may be allowed to a maximum of seven stories and 90 feet in height.

Frontage Types

• Forecourt

• Lightcourt

• Storefront

• Arcade

• Gallery

• Stoop

Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

(Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1951, § 4(Exh. A), 5-28-24; Ord. No. 1954, § 4(Exh. A), 7-23-24)

The Valley gateway district is intended to encourage pedestrian and transit-oriented development. Land uses should include a mixture of housing types, retail and services, general and medical office, entertainment and education.

* Required setbacks for civic buildings may be modified with Planning Commission approval.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Hotels may be allowed to a maximum number of seven stories and 90 feet in height.

Frontage Types

• Forecourt

• Storefront

• Arcade

• Gallery

Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

(Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1951, § 4(Exh. A), 5-28-24; Ord. No. 1954, § 4(Exh. A), 7-23-24)

The Village district is intended to provide an alternative to conventional subdivision development with a mixture of housing types, neighborhood-service retail, and open space.

* Required setbacks for civic buildings may be modified with Planning Commission approval.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Frontage Types

• Forecourt

• Storefront

• Arcade

• Gallery

• Stoop

• Porch

• Dooryard

Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

(Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1951, § 4(Exh. A), 5-28-24; Ord. No. 1954, § 4(Exh. A), 7-23-24; Ord. No. 1961, § 4(Exh. A), 1-28-25)

The downtown core is required to meet the standards of the Form-Based Code, including the following:

(a)

District core development requirements (Section 30-371)

(b)

Fences, hedges and walls (Section 30-389)

(c)

Parking

1.

Off-street parking and loading standards (Section 30-390)

2.

Off-street parking reductions (Section 30-391)

3.

Loading (Section 30-392)

4.

Bicycle parking (Section 30-393)

(d)

Architectural style (Section 30-394)

(e)

Downtown core design regulations (commercial, apartment, and mixed-use buildings) (Section 30-396.1)

(f)

Downtown core design regulations (residential buildings) (Section 30-396.2)

(g)

Private open space types (Section 30-398)

(h)

Downtown core private open space requirements (Section 30-404.1)

Downtown Core Frontages

Frontages shall be provided at all locations where a building meets the street right-of-way and common open space. A frontage type must be selected from Division 6.

Building facades that are visible from the public right-of-way but do not require a building frontage shall be screened with planting, or enhanced in a manner that reflects the architectural style or is in accordance with Article XII—Sign Regulations.

(Ord. No. 1923, § 5(Exh. A), 9-12-23)

The civic core consists primarily of civic and institutional uses as well as active and passive recreation areas.

Minimum lot size:
5,000 square feet

Required frontage:
Porch, dooryard, stoop, forecourt, lightcourt, shopfront, gallery and arcade

Capacity

Setbacks

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	Min.	Max.
Front Street	0	25'
Side Street	0	25'
Side (Interior)	10'	—
Rear Yard	10'	—
Stepback*	10'	—
* Applies to Rear and Side (Interior) at 35' high, when adjacent to the Neighborhood Core.

 

Building Form

Expand

Height

70 ft. Max.

 

Encroachments

Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements and City Engineer approval:

Parking

Expand

Non-Residential Uses	65% of cumulative parking requirements per Zoning Code
On-site above-ground parking and access shall be located in compliance with the following setback requirements:
	Min. (ft.)
Front Street	20 on Sierra Ave 5 on Arrow Blvd
Side Street	5
Side (Interior)	—
Rear Yard	—

 

(Ord. No. 1923, § 5(Exh. A), 9-12-23)

The Sierra core is the commercial core of Fontana and functions as the city center. Uses include a mixture of commercial, retail, entertainment, office, and residential.

Building placement shall be close to the streets and integrated within the pedestrian realm. Architectural features should provide shade and variation in building design.

Capacity

Setbacks

Expand

	Min. (ft.)	Max. (ft.)
Front Street	0	10
Side Street	0	10
Side (Interior)	0	—
Rear Yard	5	—
Stepback*	10	—
* Applies to rear and side (interior) at 35' high, when adjacent to the neighborhood core.

 

Building Height

Expand

Frontage Coverage	80% min.
Height**	35' max.
	55' max. within 75' of side street property line
	70' max. with min. stepback 75' from side street and 15' from Sierra Ave Property Line*
Ground Floor Commercial Height**	12 ft. Min.

 

* The maximum height along Sierra Ave may be increased to 45 feet and to 70 feet along the side street stepbacks for projects that provide a rooftop amenity. The rooftop amenity must be located along a street frontage with a maximum height of 45 feet and minimum width of 15 feet.

Public and private spaces should be integrated to act as one. Awnings or canopies extending over sidewalks and significant glazing should be included in all new construction or renovation.

Encroachments

Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements and City Engineer approval:

Parking

On-site above-ground parking and access shall be located in compliance with the following setback requirements:

Expand

	Min. (ft.)
Front Street	20
Side Street	5
Side Interior	—
Rear Yard	—

 

Minimum lot size:
5,000 square feet

Required frontage:
Forecourt, shopfront, gallery and arcade

(Ord. No. 1923, § 5(Exh. A), 9-12-23; Ord. No. 1954, § 4(Exh. A), 7-23-24; Ord. No. 1970, § 4(Exh. A), 6-10-25)

The gateway core is primarily intended for commercial retail and personal service uses as well as residential development. New development should incorporate pedestrian elements to help serve as a transition to surrounding land uses.

Capacity

Setbacks

Expand

	Min. (ft.)	Max. (ft.)
Front Street	0	15
Side Street	0	15
Side Interior	0	—
Rear Yard	0   5 if adjacent to a street	— 15 if adjacent to a street
Stepback**	10	—
** Applies to rear and side (interior) at 35' high, when adjacent to the neighborhood core.

 

Building Form

Expand

Frontage Coverage	50% min.
Height***	35' max.
	55' max. within 75' of side street property line
	70' max. with Min. stepback 75' from Cross Street and 15' from Sierra Ave property line
Ground Floor Commercial Height	12 ft. min.
*** Refer to Sierra core building height standards figure

 

Encroachments

Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements and City Engineer approval:

Parking

On-site above-ground parking and access shall be located in compliance with the following setback requirements:

Expand

	Min. (ft.)
Front Street	20
Side Street	5
Side (Interior)	—
Rear Yard	—

 

Minimum lot size:
5,000 square feet

Required frontage:
Stoop, forecourt, lightcourt, shopfront, gallery and arcade

(Ord. No. 1923, § 5(Exh. A), 9-12-23)

The mixed-use core provides a transition between more intense commercial uses and residential uses. This district includes a mixture of commercial, office, retail, personal services, and residential.

Capacity

Setbacks

Expand

	Min. (ft.)	Max. (ft.)
Front Street	0	15
Side Street	0	15
Side Interior	0	—
Rear Yard	5	—
Stepback**	10	—
** Applies to rear and side (interior) at 35' high, when adjacent to the neighborhood core.

 

Building Form

Expand

Frontage Coverage	50% min.
Height	55 ft. max.
Ground Floor Commercial Height	12 ft. min.

 

Encroachments

Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements and City Engineer approval:

Parking

On-site above-ground parking and access shall be located in compliance with the following setback requirements:

Expand

	Min. (ft.)
Front Street	20
Side Street	5
Side Interior	—
Rear Yard	—

 

Minimum lot size:
5,000 square feet

Required frontage:
Porch, dooryard, stoop, forecourt, shopfront, gallery and arcade

(Ord. No. 1923, § 5(Exh. A), 9-12-23)

The multi-family core provides higher residential intensities adjacent to commercial areas. New development should incorporate increased density with architectural design and materials that exemplify one of the designated architectural styles.

Capacity

Setbacks

Expand

	Min. (ft.)	Max. (ft.)
Front Street	5	30
Side Street	5	30
Side Interior	0	—
Rear Yard	10	—
Stepback *	10	—
* Applies to rear and side (interior) at 35' high, when adjacent to the neighborhood core.

 

Building Form

Expand

Frontage Coverage	50% min.
Height	55 ft. max.

 

Encroachments

Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements and City Engineer approval:

Parking

On-site above-ground parking and access shall be located in compliance with the following setback requirements:

Expand

	Min. (ft.)
Front Street	15
Side Street	10
Side (Interior)	5
Rear Yard	—

 

Minimum lot size:
5,000 square feet

Required frontage:
Dooryard, stoop, forecourt and lightcourt

(Ord. No. 1923, § 5(Exh. A), 9-12-23)

The neighborhood core is an area primarily developed with single-family homes. New development should respect and exemplify the character of existing neighborhoods.

Capacity

Setbacks

Expand

	Min. (ft.)	Max. (ft.)
Front Street	10	18
Side Street	10	18
Side Interior	5	—
Rear Yard	10	—

 

Building Form

Expand

Height

40 ft. Max.

 

Encroachments

Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements and City Engineer approval:

Parking