This Title is known as the "City of Fowler Zoning Ordinance" hereinafter referred to as the "Title."

The provisions of this Title are hereby established and adopted to protect and promote the health, safety, and general welfare of the public, and more particularly to:

A.

Implement the goals and objectives of the City of Fowler General Pan and to manage future growth and development in accordance with such Plan.

B.

Protect the character, physical, social, and economic stability of land uses within the City by ensuring orderly and beneficial development.

C.

Reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements.

D.

Provide adequate light, air, privacy, and conveniences of access to property.

This Title is adopted pursuant to the authority granted to the City by State Planning and Zoning Law (Gov. Code § 65000, et seq.), the California Environmental Quality Act (Pub. Res. Code § 21000, et seq.), and other applicable requirements.

This Title applies to all land uses, structures, subdivisions, and development within the City, as follows:

A.

New or Altered Land Uses or Structures. Compliance with this Title is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.

B.

Existing Uses and Structures. See Chapter 9.235 (Nonconforming Uses and Structures).

C.

Projects in Process. The enactment of this Title, or any amendments hereto, may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied prior to enactment of this Title. Following the effective date of this Title, the following provisions shall apply. The following shall apply, unless amendments are made in the future which specify otherwise:

1.

Pending applications. All land use permit applications that are active and that have been determined by the Director to be complete before the effective date of this Title, or any amendments thereto, will be processed according to the regulations in effect when the application was deemed complete. Applicants will have the option of using the regulations in effect at time of application or the regulations adopted as part of this Title.

2.

Approved projects not yet under construction or exercised. Any project approved prior to the effective date of this Title, which includes a use or improvement that does not conform to the regulations set forth herein, may be developed to the extent authorized by the approval, provided the approval has not expired or, where applicable, before a time extension approved prior to this effective date of this Title has expired.

3.

Projects under construction. A structure that is under construction pursuant to a valid building permit on the effective date of this Title, or any amendments thereto, may be completed and need not be changed to satisfy any new or different requirements of this Title as long as construction is being diligently pursued and is consistent with applicable permit approvals.

D.

Public Projects. No federal, State, county, or City governmental project shall be subject to the provisions of this Title, including such projects operated by any combination of these agencies or by a private person for the benefit of any such government agency, unless the agency provides by contract or otherwise that the project shall be constructed or operated in compliance with any or all provisions of this Title.

The provisions of this Title shall not be deemed or construed to repeal, amend, modify, alter, or change any other City ordinance or provision of law not specifically repealed, amended, modified, altered, or changed herein. In the event the provisions of this Title conflict with any other City ordinance or provision of law, the more restrictive of any such provision shall apply, except as follows:

A.

Specific Plans. See Chapter 9.85 (Specific Plan).

B.

Development Agreements. Where a development agreement has been adopted containing specific use and development standards, such standards shall apply over those of the underlying zone district. If a development agreement does not address a specific use or development standard, those of the underlying zone district will be applicable. See Chapter 9.40 (Development Agreement).

The provisions of this Title are not intended to invalidate any legally adopted easements, covenants, or other agreements which are more restrictive than the provisions of this Title.

Should any section, chapter, paragraph, phrase, or portion of this Title be declared unconstitutional or invalid or be set aside by any court of competent authority, such action shall not affect other sections, chapters, paragraphs, phrases, or parts hereof as adopted or amended.

The purpose of this Chapter is to establish and describe the respective administrative responsibilities of City officials and bodies (e.g., Community Development Director, Planning Commission, City Council) for purposes of this Title.

Government Code section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by this Title, shall be carried out by the following bodies. In the absence of an assignment, the City Council shall retain responsibility and authority as the legislative body of the City.

A.

Community Development Director. The Director or designee shall have the responsibility and authority to administer and enforce this Title as follows:

1.

Receive, review, and process all applications for development pursuant to this Title. Processing includes, but is not limited to, the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports and recommendations to the Planning Commission and City Council.

2.

Hear and act on applications as provided by State law, this Title, or other City ordinances.

3.

Hear and make recommendations to the Planning Commission on applications as provided by State law and this Title or other City ordinances.

4.

Interpret the provisions and advise the public on the requirements of this Title consistent with Chapter 9.15 (Rules of Interpretation).

5.

Initiate action for amendment of this Title when determined such amendment would better implement the General Plan goals and objectives, increase its effectiveness, and improve or clarify the contents of this Title.

6.

Issue permits under this Title and certify that all such permits are in conformance with its requirements.

7.

Refer and coordinate matters related to the administration of this Title with other agencies and City departments, and provide information on the status of all development permits.

8.

Serve as the administrative zoning body and exercise that authority set forth in Government Code section 65900, et. seq.

9.

Exercise such other powers and duties as are prescribed by State law or City ordinance, or as directed by the City Council.

B.

Development Review Committee. The Development Review Committee (DRC) is established to provide a coordinated technical review process to ensure compliance with requirements of this Title. The City Manager shall appoint the members of the DRC that shall be composed of not less than three (3) members. The Director shall create appropriate rules and regulations for the conduct of the DRC. The DRC shall provide recommendations on discretionary development applications for murals, residential subdivision, multi-family residential, commercial, and mixed-use projects.

C.

City Manager. The City Manager, or their designee, shall oversee the work of the Director and shall exercise such other powers and duties as are prescribed by State law or City ordinance, or as directed by the City Council.

D.

Planning Commission. The Planning Commission shall have the responsibility and authority to administer and enforce this Title as follows:

1.

Hear and act on appeals from the Director.

2.

Hear and act on applications as provided by State law and this Title, including referrals from the Director.

3.

Hear and make recommendations to the City Council on applications as provided by State law, this Title, or other City ordinances.

E.

City Council. The City Council is the legislative body of the City and shall have the following land use responsibilities:

1.

Hear and act on appeals from the Planning Commission.

2.

Hear and act on applications as provided by State law and this Title or other City ordinances.

3.

Direct planning-related policy amendments and special studies as necessary or desired.

4.

Exercise such other powers and duties as are prescribed by State law or City ordinance.

The purpose of this Chapter is to specify the authority, procedures, and rules for clarifying ambiguity in the regulations of this Title to ensure consistent interpretation and application of the Title.

A.

Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a specific site, the Director shall have the authority and responsibility to interpret such terms, provisions, and requirements.

B.

Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Director relied to make the determination. The Department shall keep a record of interpretations made pursuant to this Chapter on file for future reference.

C.

Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.

D.

Right to Appeal. A Code interpretation by the Director may be appealed to the Planning Commission as provided in Section 9.30.090 (Appeals of Discretionary Actions).

The following rules of interpretation shall be used in the application of the terms, provisions, and requirements of this Code.

A.

Abbreviations. The following phrases, personnel, and document titles are shortened in this Code:

1.

City of Fowler = City.

2.

Title 9 (Zoning) = Title = Zoning Ordinance = Ordinance = Zoning Code = Code.

3.

Community Development Director = Director.

4.

City Council = Council.

5.

Community Development Department = Department.

6.

Planning Commission = Commission.

B.

Terminology. The following rules apply to all provisions in this Code:

1.

Language. The words "shall," "will," "is to," and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended. "May" is permissive.

2.

Tense and number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise.

3.

Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either…or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to."

C.

Number of Days. Whenever a number of days is specified in this Title, or in any permit, approval, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, unless business days are specified. Where the last of the specified number of days to act in accordance with this Code falls on a weekend or City holiday as set by the City Council, the time limit will extend to the following business day.

D.

Minimum Requirements. All provisions of this Title are considered to be minimum requirements, unless specifically stated otherwise.

E.

Calculations and Rounding. Where any provision of this Title requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).

F.

Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category in accordance with Chapter 9.80 (Similar Use Determination).

G.

Zone District Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the Zoning Map, the following rules shall apply:

1.

Zone district boundaries shown as approximately following the property line of a lot or an open space line shown on a map shall be construed to follow such lines.

2.

Where a zone district boundary divides a lot, the location of the district boundary shall be determined by the Director. Such determinations shall not constitute amendment of the Zoning Map.

3.

Zone district boundaries shown as approximately following right-of-way lines of highways, streets or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.

4.

Zone district boundaries shown as lying within right-of-way lines of highways, streets, defined natural features, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.

5.

Zone district boundaries shown as lying at the edge of a mapped floodplain boundary line shall be construed to follow the adopted the Federal Emergency Management Agency or the California Department of Water Resources floodplain boundary or contour for the watercourse, as determined by the Director.

6.

If the zone district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district consistent with the General Plan.

7.

If any uncertainty remains as to the location of a zone district boundary or other feature shown on the Zoning Map, the location shall be determined by the Director. Such determinations shall not constitute amendment of the Zoning Map.

H.

Consistency of Text and Diagrams. Diagrams are provided within this Title to illustrate the requirements of the Title's text. In the event of conflict between the text of this Title and provided diagrams, the text shall determine the City's regulations.

This Chapter establishes the authority and process for enforcement of this Title and any conditions of approval for planning permits identified in this Title for purposes of protecting the public health, safety, and general welfare of the City.

The City Manager, Director, or their designees shall be authorized to enforce the provisions of this Title pertaining to the use of land and the addition, alteration, construction, or use of any structure. Other officials of the City charged by the law with the general duty of enforcing City ordinances may also enforce the provisions of this Title.

A.

Violations—Effect on Approval or Permit.

1.

In the event that there is a violation of any applicable provision of this Title for a previous approval or if the conditions of approval for a permit previously granted are in non-compliance, said approval or permit may be suspended.

2.

A public hearing shall be held in accordance with the procedures outlined in Section 9.20.040 (Revocation or Modification) for discretionary permits and approvals.

B.

Violations—Declared Public Nuisances and Actions. Any structure constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Title, and any use of land, buildings, or premises established, conducted, operated, or maintained contrary to the provisions of this Title are hereby declared to be unlawful and a public nuisance.

1.

The Director shall immediately initiate all necessary administrative or legal proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other necessary steps to accomplish these ends. The remedies prescribed by this Section are cumulative and nonexclusive.

C.

Violations—Penalties. Any violation of this Title is unlawful, and any person, firm, corporation, or organization violating or causing the violation of any provisions of this Title shall be punishable as set forth in Chapter 2 of Title 1, of the Fowler Municipal Code. Each and every day such violation continues shall constitute a separate offense and shall be punishable as provided herein.

D.

Enforcement. The City shall be authorized to enforce provisions of this Title and to issue citations and make arrests pursuant to the California Penal Code and the Fowler Municipal Code.

E.

Right of Entry. In the discharge of enforcement duties, authorized persons shall have the right to enter any site or structure for the purpose of investigation and inspection. Such right of entry shall be exercised only at reasonable hours and only with the consent of the owner or tenant unless a written order of a court of competent jurisdiction has been issued.

A.

Purpose. Notwithstanding the provisions of Section 9.30.110 (Amendments to Previously Approved Permits), this Section provides procedures for the revocation or modification of previously approved permits or entitlements as follows:

1.

Revocations. The City's action to revoke a permit shall have the effect of terminating the permit and denying the privileges granted by the original approval.

2.

Modifications. The City may choose to allow the modification of the operational characteristics or development requirements within the allowances of this Title instead of revoking a permit. These modifications may include operation aspects related to buffers, duration of the permit or entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or other conditions.

B.

Applicability. Revocation or modification proceedings for any discretionary permit or approval granted in accordance with this Title may be initiated by the City if any of the following apply:

1.

A violation of conditions of approval or applicable development standards exists.

2.

The permit was obtained by misrepresentation or fraud.

3.

The use has become detrimental to the public health, safety, or constitutes a nuisance.

4.

Circumstances under which the permit was granted have changed to a degree that affects the validity of the findings contained in the original permit.

C.

Notice of Intent to Initiate Revocation or Modification Proceedings. Such revocation may be initiated by adopting a Resolution of Intention, which is a resolution indicating the City's intent to revoke or modify the permit. Such resolution may be adopted by either the Planning Commission or the City Council. The Resolution of Intention shall allow reasonable opportunity for the permittee to correct the noncompliance to the satisfaction of the City. Such reasonable opportunity for correction may be provided by scheduling a hearing on the revocation, for a date which will allow reasonable time for correction.

D.

Approving Authority.

1.

The Planning Commission shall be the designated approving authority for consideration of a revocation or modification of a permit where the Director or Planning Commission was the original approving authority.

2.

The City Council shall be the designated approving authority for consideration of a revocation or modification of a permit where the City Council was the original approving authority.

E.

Notice of Public Hearing. The decision to revoke or modify a permit granted pursuant to the provisions of this Title shall be considered at a noticed public hearing. Public notice shall be provided, and a public hearing conducted pursuant to Section 9.30.070 (Public Hearing and Notice).

F.

Findings. A land use permit may be revoked or modified by the applicable approving authority as specified in Subsection (D) of this Section if any of the following findings can be made:

1.

Circumstances under which the permit was granted have been changed to a degree that one (1) or more of the findings contained in the original permit can no longer be met.

2.

The permit was issued, in whole or in part, based on a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing for the permit.

3.

One (1) or more of the conditions of the permit has not been substantially fulfilled or has been violated.

4.

The improvement or use authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation, or statute.

5.

The improvement or use allowed by the permit has become detrimental to the public health, safety, general welfare, or the manner of operation constitutes or is creating a public nuisance.