The purpose of this Chapter is to establish development and operational standards for accessory dwelling units in the City of Fowler through a ministerial process consistent with Government Code section 66310, et. seq. (Accessory Dwelling Units).

Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this Chapter and Title 8 (Building Regulations) of the Fowler Municipal Code. For purposes of this Chapter, accessory dwelling units include detached, attached, conversion, and junior accessory dwelling units.

A.

Any application for an accessory dwelling unit that meets the location and development standards contained in this Chapter shall be approved ministerially without discretionary review or public hearing.

B.

Accessory dwelling units shall be reviewed as part of the established Building Permit process, and compliance with the standards of this Chapter will be verified through the Zone Clearance process in accordance with Chapter 9.105 (Zone Clearance).

An accessory dwelling unit that conforms to the requirements in this Chapter shall:

A.

Not be considered for the purposes of evaluating the density requirements established in the General Plan.

B.

Be found consistent with the existing General Plan designation and zoning for the lot.

C.

Not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

The following standards shall apply to detached accessory dwelling units, attached accessory dwelling units, conversion accessory dwelling units, and junior accessory dwelling units.

A.

Development Standards.

1.

Foundation. A permanent foundation shall be required for all accessory dwelling units.

2.

Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

3.

Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.

4.

Design. Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three (3) of the following traits in common with the primary dwelling on-site:

a.

Wall covering materials.

b.

Wall color.

c.

Roofing material.

d.

Roofing pitch.

e.

Structural eaves.

f.

Mass and scale of structure relative to structural height.

g.

Window characteristics.

h.

Decorative treatments.

5.

Manufactured Homes. A manufactured home may be used as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units in this Section.

6.

Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multi-family dwelling.

7.

Utility Connection. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services.

a.

Except as set forth in Section 9.195.050, Subsection (A)(7)(b), the City may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

b.

No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.

8.

Garage Conversion. When a garage or other accessory structure providing off-street parking is converted to an accessory dwelling unit, the City shall not mandate removal of the existing driveway and related approach.

B.

Occupancy and Conveyance Requirements.

1.

Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this Section shall be for a term longer than thirty (30) days.

2.

Sale and Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Government Code section 66431 are met.

A.

Location. Detached accessory dwelling units must be accompanied by a proposed or existing single-family or multi-family dwelling. An existing dwelling on-site may be classified as the detached accessory dwelling unit upon construction and occupation of a proposed dwelling on-site. Detached accessory dwelling units may be located in an existing accessory structure.

B.

Maximum Number of Detached Accessory Dwelling Units.

1.

When accompanied by a proposed or existing single-family dwelling, the maximum number of detached accessory dwelling units shall be one. The detached accessory dwelling unit may be in addition to an existing or proposed attached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.

2.

When accompanied by a proposed or existing multi-family dwelling, the maximum number of detached accessory dwelling units shall be two (2) per lot. Detached accessory dwelling units are not required to be detached from each other but must be detached from the multi-family dwelling.

3.

In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

C.

Floor Area.

1.

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

2.

When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than one thousand two hundred (1,200) square feet.

3.

When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum square feet may exceed one thousand two hundred (1,200) square feet to an amount equal to the square footage of the existing accessory structure to be converted.

D.

Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

E.

Maximum Height. The maximum height of detached accessory dwelling units shall be as follows:

1.

For one-story detached accessory dwelling units, the maximum height shall be sixteen (16) feet. Where the detached accessory dwelling unit is located within one-half (0.5) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multi-family dwelling of more than one-story, the maximum height shall be eighteen (18) feet.

2.

For two-story detached accessory dwelling units, the maximum height shall be twenty-five (25) feet.

3.

Height Exceptions.

a.

An additional two (2) feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

b.

When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height may exceed the limits of Section 9.195.050, Subsection (E)(1) to an amount equal to the height of the existing accessory structure to be converted.

F.

Parking. One (1) parking space shall be required for use by the detached accessory dwelling unit in addition to the minimum parking required for the primary single-family or multi-family dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered. No parking shall be required in any of the following circumstances:

1.

The detached accessory dwelling unit is located within one-half (0.5) mile walking distance of public transit.

2.

The detached accessory dwelling unit is located within an architecturally and historically significant historic district.

3.

The detached accessory dwelling unit is converting an existing accessory structure.

4.

On-street parking permits are required but not offered to the occupant of the detached accessory dwelling unit.

5.

There is a car share vehicle located within one (1) block of the detached accessory dwelling unit.

G.

Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

H.

Development Standards. Detached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one (1) or more of these standards precludes construction of at least an eight hundred (800) square foot detached accessory dwelling unit.

A.

Location. Attached accessory dwelling units must be accompanied by a proposed or existing single-family or multi-family dwelling.

B.

Maximum Number of Detached Accessory Dwelling Units.

1.

When accompanied by a proposed or existing single-family dwelling, the maximum number of attached accessory dwelling units shall be one (1). The attached accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.

2.

In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

C.

Floor Area.

1.

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

2.

The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or one thousand two hundred (1,200) square feet, whichever is greater.

D.

Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

E.

Maximum Height. The maximum height of attached accessory dwelling units shall be two (2) stories and twenty-five (25) feet or the maximum height specified by the base zone district, whichever is lower.

F.

Parking. No parking shall be required for the attached accessory dwelling unit.

G.

Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

H.

Development Standards. Attached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one (1) or more of these standards precludes construction of at least an eight hundred (800) square foot attached accessory dwelling unit.

A.

Location. Conversion accessory dwelling units are permitted within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

B.

Maximum Number of Conversion Accessory Dwelling Units. The maximum number of conversion accessory dwelling units allowed shall be no more than twenty-five percent (25%) of the number of existing or proposed multi-family units. However, in no case shall less than one (1) conversion accessory dwelling unit be allowed.

C.

Floor Area.

1.

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

2.

The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or one thousand two hundred (1,200) square feet, whichever is greater.

D.

Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

E.

Parking. No additional parking shall be required.

A.

Location. Junior accessory dwelling units must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A junior accessory dwelling unit must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.

B.

Maximum Number of Junior Accessory Dwelling Units.

1.

When accompanied by a proposed or existing single-family dwelling, the maximum number of junior accessory dwelling units shall be one (1). The junior accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed attached accessory dwelling unit.

2.

In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

C.

Floor Area.

1.

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

2.

The maximum floor area shall be five hundred (500) square feet.

D.

Parking. No parking shall be required for the junior accessory dwelling unit.

E.

Exterior Access. Access shall be provided to the junior accessory dwelling unit independent from the primary dwelling.

F.

Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior accessory dwelling unit shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior accessory dwelling unit.

G.

Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:

1.

A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a 120-volt electrical connection.

2.

Food preparation counter space of a minimum twenty-four (24) inches in width and a minimum of one (1) food storage cabinet of a minimum twenty-four (24) inches in width.

H.

Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

I.

Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:

1.

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.

2.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this Section.

The purpose of this Chapter is to establish standards for businesses engaged in alcoholic beverage sales, consumption, and manufacturing uses in order to protect the health, safety, and general welfare of the public. This Chapter establishes reasonable and uniform standards to prevent the inappropriate location and/or operation of alcoholic beverage sales, consumption, and manufacturing uses within the City.

The requirements of this Chapter apply to all alcohol sales, service, and manufacturing uses.

A.

No person, association, partnership, or corporation shall conduct, establish, or advertise any alcoholic beverage sales or manufacturing use in the City of Fowler without first applying for and obtaining the required permit/approval in accordance with the applicable zoning regulations of this Title.

B.

All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the California Department of Alcoholic Beverage Control.

C.

Grocery stores, drugstores, specialty markets, and discount/department stores in excess of ten thousand (10,000) square feet ("primary uses") may offer the incidental sale of beer, wine, and distilled spirits as a permitted use.

D.

Corner markets in a residential district may offer the incidental sale of beer and wine as a permitted use but are required to obtain a Major Conditional Use Permit to offer, sell, or serve distilled spirits.

E.

Bona fide public eating places may offer the incidental sale of beer and wine as a permitted use but are required to obtain a Major Conditional Use Permit to offer, sell, or serve distilled spirits.

F.

Establishments with on-site alcohol beverage sales and consumption that are not a bona fide public eating place as a primary use (i.e., comedy club, nightclub, dance club) are required to obtain a Major Conditional Use Permit.

G.

The following activities are exempt from the requirements of this Chapter:

1.

Any special event for which a permit has been issued by the City, provided that the application information for the special event indicates that the sale and/or service of alcoholic beverages will occur and all applicable ABC licenses are obtained.

2.

Any social gathering within a private residence or business that is not required to be licensed for alcohol sales or services in accordance with the California Alcoholic Beverage Control Act.

The City Council or authorized designee shall make a finding of public convenience or necessity prior to the California Department of Alcoholic Beverage Control granting the license, when said retail liquor license would be located in a census tract of undue concentration of retail liquor licenses or if the granting of the retail liquor license would cause a census tract to have an undue concentration. (Bus. & Prof. Code § 23817.5.) The City Council or authorized designee must find that:

A.

The proposed use is consistent with the General Plan and this Title.

B.

The proposed use is compatible with the nature, condition, and character of adjacent land uses.

C.

The proposed use would not have an adverse effect on adjacent land uses.

D.

The proposed use would not result in an excessive number of similar establishments in close proximity.

E.

The proposed use will be essential or desirable to the public convenience or welfare and will not impair the integrity and character of the zone district or be detrimental to the public health, safety, morals, or welfare.

F.

Notice of hearing, if applicable, shall be given to all owners of property in the same manner as required by the related permit.

A.

Liquor stores, convenience stores, and service stations selling alcohol for off-site consumption shall not be located within six hundred (600) feet from a church, school (k—12), day care center, or public park or playground, as measured between the main entrance of the alcohol selling business and the closest public entrance to the church, school (k—12), day care center, or public park or playground. This requirement shall not apply when the two (2) uses are both located within a commercial or industrial zone.

B.

Liquor stores shall be located no less than six hundred (600) feet from another liquor store, as measured between the main entrances of each liquor store.

A.

Businesses manufacturing alcoholic beverages, which have a tasting room but do not have a bona fide public eating place in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable State and local health and safety requirements and regulations.

B.

Bona fide public eating places with alcoholic beverage manufacturing on-site as an incidental use shall not be subject to the provisions of this Section.

C.

All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they are located.

D.

The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a Temporary Use Permit for a special event or services outside of regular hours.

E.

There shall be no admission fee, cover charge, or minimum purchase required to enter any business which manufactures or sells alcoholic beverages.

F.

The retail area, including the tasting room, shall not exceed fifty percent (50%) of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur.

G.

In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed fifty percent (50%) of the total allowable retail area unless approved by the Planning Commission. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements. Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: "No alcohol allowed past this point."

H.

All alcoholic beverage manufacturing equipment shall be located within a completely enclosed building.

I.

An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 9.180 (Parking and Loading Standards). For the purposes of calculating parking, the brewing/distilling areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered restaurant space.

J.

Parking lots, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer's licensed premises during the hours of darkness as set forth in Chapter 9.175 (Outdoor Lighting Standards).

This Chapter establishes the regulations and criteria for the development and operation of certain automobile and automobile-related uses. The intent of the standards is to regulate these uses for compatibility with surrounding uses.

The regulations and standards contained in this Chapter shall apply to the uses as contained herein, including vehicle rentals, sales, parts and supply stores, repairs and service, storage, and tow yards.

All automobile and automobile-related uses subject to the standards contained in this Chapter shall require approval of the specified permit as designated in the Tables of Allowed Land Uses and Approval Requirements in Article 3 (Zones) of this Title.

The following regulations shall apply to all auto-related uses contained in this Chapter.

A.

Hours of operation shall be limited to no earlier than 6:00 a.m. and no later than 10:00 p.m., unless specifically approved otherwise.

B.

The sound emanating from all motor vehicle and related uses shall be subject to all the applicable noise control regulations of the Fowler Municipal Code.

C.

Exterior amplified sound systems are prohibited within one hundred (100) feet of a non-commercial use.

D.

The property owner and/or individual responsible for said property shall take all steps necessary to ensure individuals shall not loiter upon the property before and after regularly established business hours.

E.

Persons engaged in the delivery of motor vehicles for storage, sales, rental, display, or repair shall not stop or park within any public rights-of-way to off-load such vehicles without having an approved encroachment permit.

F.

Access and on-site circulation shall be reviewed and approved by the City Engineer to ensure traffic flow from the public right-of-way onto and exiting from the site does not create a hazardous situation. A traffic flow diagram may be required to confirm compliance with this standard.

G.

Appropriate best management practices shall be constructed and/or practiced to demonstrate compliance with all applicable regulations for the use, storage, and disposal of hazardous materials.

H.

Dismantling of stored and/or parked vehicles shall be expressly prohibited within the public view, unless specifically approved otherwise.

I.

Vehicles in inventory, including those waiting for service or repair, shall not be parked within the public right-of-way.

J.

Outdoor storage of new or used tires is prohibited.

The following regulations shall apply to all vehicle rental uses, including trailer and recreational vehicle rental, truck and trailer rental, boat rental, equipment rental, and motorcycle rental.

A.

Repairs, except incidental replacement/repair including such activities as the installation of windshield wiper blades or batteries or comparable activity, shall be prohibited, unless combined with an approved repair facility subject to the regulations set forth in Section 9.210.080 (Vehicle Repairs and Service).

B.

Rental vehicles shall not be displayed in the customer/employee parking area, drive aisles, or other portions of the property not designed for vehicle display.

C.

Vehicle storage or display is prohibited in the public right-of-way.

D.

Vehicle storage or display shall be on an improved surface.

The following regulations shall apply to all vehicle sales uses, including trailer and recreational vehicle sales, truck sales, boat sales, equipment sales, and motorcycle sales.

A.

Vehicles shall only be displayed for sale in approved display areas. Vehicles for sale shall not be displayed in the customer/employee parking area, drive aisles, or other portions of the property not designed for vehicle display per an approved site plan.

B.

Sufficient space shall be provided for service drop-offs, if applicable, to prevent stacking of waiting vehicles onto a public street.

C.

Repairs shall be conducted within an enclosed building. Repair facilities included with vehicle sales shall be reviewed and approved subject to the regulations set forth in Section 9.210.080 (Vehicle Repairs and Service).

D.

On-site vehicle painting is prohibited.

E.

Outdoor storage of new or used tires is prohibited.

F.

Vehicle storage may be permitted as incidental to the primary use and shall be screened from public view in compliance with Section 9.210.090 (Vehicle Storage and Tow Yards). Vehicles displayed for sale in approved display areas are not subject to screening requirements.

G.

When located adjacent to a property with a residential land use designation or residential zone district, as included in Chapter 9.120 (Residential Zones), a block wall of not less than six (6) feet in height shall be required along the entire length of the shared property line. The block wall shall be reduced to the maximum height allowed within the required front yard setback and as necessary to meet intersection sight distance requirements.

The following regulations shall apply to all vehicle parts and supply store uses.

A.

No cars may be parked so as to block parking or drive aisles.

B.

No parking overnight is permitted.

C.

No vehicle repairs are permitted on-site, except those considered minor incidental repairs including battery replacement, windshield wiper replacement, fluid top-offs, and air filter replacement or similar minor activities.

The following regulations shall apply to all vehicle repairs and service uses, including major repair, stereo and sound system installation, body, paint and upholstery shops, boat service and repair, motorcycle service and repair, recreational vehicle service and repair, and heavy equipment service and repair.

A.

Repairs shall be conducted within an enclosed building.

B.

Service bay doors shall be oriented away from adjacent properties with a residential land use designation or residential zone district, as included in Chapter 9.120 (Residential Zones).

C.

When located adjacent to a property with a residential land use designation or residential zone district, as included in Chapter 9.120 (Residential Zones), a block wall of not less than six (6) feet in height shall be required along the entire length of the shared property line. The block wall shall be reduced to the maximum height allowed within the required front yard setback and as necessary to meet intersection sight distance requirements.

D.

Automobiles and vehicles shall not be stored outside of a building on-site for more than twenty-four (24) consecutive hours, unless stored in an approved storage area in compliance with the requirements of Section 9.215.090 (Vehicle Storage and Tow Yards).

The following regulations shall apply to all vehicle storage yards, including designated storage areas incidental to a primary use, recreational vehicle storage, boat and trailer storage, and heavy equipment storage.

A.

All storage areas shall be screened from public view from any adjoining properties and from the public rights-of-way by a screened fence or a block wall not less than six (6) feet in height. The fence or wall shall be reduced to the maximum height allowed within the required front yard setback and as necessary to meet intersection sight distance requirements. Any gate(s) shall be constructed of materials to prevent view of the stored materials within the screened area.

B.

Vehicle storage yards shall maintain the minimum required building setback for the zone in which the use is located.

C.

All required front and street side setbacks shall be landscaped in compliance with Chapter 9.170 (Landscaping Standards).

D.

Any vehicles not screened shall be operable and in good repair.

E.

Storage areas shall be an improved surface.

This Chapter establishes the regulations and criteria for the development and operation of drive-through uses. The intent of these standards is to regulate these uses for compatibility with surrounding uses.

The regulations and standards contained in this Chapter shall apply to any use containing a drive-through facility.

All drive-through uses subject to the standards contained in this Chapter shall require approval of the specified permit as designated in Article 3 (Zones) Tables of Allowed Land Uses and Approval Requirements.

A.

Ingress and Egress. Ingress and egress shall occur via shared points of ingress and egress to the site. Dedicated points of ingress and egress for drive-through facilities is not allowed.

B.

Pedestrian Walkways. Pedestrian walkways shall not intersect drive-through lane, unless no alternative exists due to physical site constraints as determined by the City Engineer. Pedestrian walkways crossing a drive-through lane must be clearly delineated with striping or contrasting paving. Signage notifying drivers in the drive-through lane of the pedestrian crossing shall be provided.

C.

Traffic Management. A traffic management plan, demonstrating adequate circulation and maximum vehicle stacking (during peak hours) shall be approved by the City Engineer. The plan shall take into consideration the:

1.

Nature of the product or service being offered.

2.

Time required to serve a typical customer.

3.

Peak demand hours.

4.

Anticipated vehicles served.

5.

Design of the drive-through site including striping, signage, delineation, and related elements.

D.

Signage and Menu Boards. Signage shall be provided in accordance with Chapter 9.185 (Sign Regulations). Menu board speakers shall be oriented away from residential uses located within one hundred (100) feet.

E.

Landscaping and Screening. To shield vehicles and associated headlights in a drive-through lane from view of adjacent street rights-of-way, a minimum five-foot-wide planter shall be provided. A landscape barrier or decorative wall of at least three (3) feet, but no more than four (4) feet, in height shall be provided. Trimming and pruning of the landscape barrier shall be performed in a manner that maintains the shielding of vehicle headlights in the drive-through lane from adjacent street rights-of-way. The landscape barrier site design shall not preclude or impede safe and secure ingress and egress from the facility while providing screening from the public right-of-way.

F.

Waste Receptacles. Fast food and take out restaurants shall provide exterior waste receptacles at public entrances and at drive-through exits in addition to the enclosures required by this Chapter.

G.

Hours of Operation. Should a drive-through facility be located closer than one hundred (100) feet from a Residential District, the drive-through shall close no later than 10:00 p.m.

H.

Equal Access. Whenever service is limited to drive-through facilities, customers using non-motorized transportation shall have equal access to service.

The purpose of this Chapter is to establish regulations for outdoor display and dining areas.

The requirements contained in this Chapter apply to all outdoor display and dining areas, including outdoor displays and outdoor dining areas located within the public right-of-way.

The following permit requirements shall be applicable to all outdoor display and dining areas:

A.

Outdoor Display. Outdoor display of merchandise that is clearly incidental and subordinate to an existing business is allowed as an accessory use without a Temporary Use Permit as long as it meets the requirements for outdoor display as specified in Section 9.220.040, Subsection (A) (Outdoor Merchandise Display).

B.

Outdoor Dining.

1.

An outdoor dining area may be added to an existing permitted facility as an accessory use when all the following criteria are met:

a.

The area is less than two hundred (200) square feet;

b.

All seating is within four and one-half (4.5) feet of the building;

c.

There are no permanent exterior improvements;

d.

Alcohol is not served; and

e.

A minimum continuous pavement walkway and clear pedestrian path of not less than five (5) feet is maintained.

2.

Outdoor dining that does not meet the limitations of Subsection (B)(1) of this Section shall require an amendment to the previously approved permit issued for the primary use and shall be processed in accordance with Section 9.30.110 (Amendments to Previously Approved Permits). In the absence of a previously approved permit for the primary use, a Ministerial Plan Review shall be required in accordance with Chapter 9.55 (Ministerial Plan Review).

C.

Encroachment Permit Required. An encroachment permit is required for outdoor displays or outdoor dining areas located within the public right-of-way.

Any outdoor display exhibited in conjunction with the business being conducted within the building may be permitted without a Temporary Use Permit, provided that the display complies with the following regulations:

A.

The items being displayed shall be of the same types that are lawfully displayed and sold inside the building on the premises, except that alcohol and tobacco shall not be sold outdoors.

B.

The aggregate display area shall not exceed twenty-five percent (25%) of the linear frontage of the storefront or ten (10) linear feet, whichever is greater.

C.

Items shall not project more than four (4) feet from the storefront.

D.

Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business.

E.

No item shall be displayed in a manner that causes a safety hazard, obstructs the entrance to any building, interferes with or impedes the flow of pedestrian or vehicle traffic, is unsightly, or creates any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner that is detrimental to the public health, safety, or welfare, or causes a public nuisance.

F.

A minimum continuous pavement walkway and clear pedestrian path of not less than five (5) feet is maintained.

The following development standards apply to all outdoor dining areas:

A.

A clear path of at least five (5) feet wide, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public right-of-way and shall be maintained at all times.

B.

No outdoor dining area shall obstruct the entrance to any building, interfere with or impede the flow of pedestrian or vehicle traffic, or create any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety, or welfare, or which causes a public nuisance.

C.

Outdoor dining area furniture, including but not limited to tables, chairs, and umbrellas, shall be of a quality and theme consistent with that of the primary establishment or overall premises.

D.

An outdoor dining area shall be used only for dining, drinking, and circulation, and shall operate only in conjunction with and during the same hours as the business conducted within the primary building.

E.

The area within, and adjacent to, the outdoor dining area shall be clean and free of litter at all times.

F.

Trash receptacle(s) shall be provided for the outdoor dining area.

G.

Outdoor dining shall be oriented away from adjacent residential uses except as approved by the approving authority.

H.

Parking shall be in compliance with the standards of Chapter 9.180 (Parking and Loading Standards) for the primary use and any outdoor dining area in excess of five hundred (500) square feet.

The purpose of this Chapter is to establish standards and requirements for recycling facilities.

The requirements contained in this Chapter shall apply to the following types of recycling facility uses:

A.

Reverse vending machines.

B.

Recycling collection facilities.

C.

Recycling processing facilities.

A.

Permit Required. All recycling facility uses shall be subject to approval of the specified permit as designated in the Tables of Allowed Land Uses and Approval Requirements in Article 3 (Zones) of this Title.

B.

Exceptions. Reverse vending machines contained within a commercial building and not greater than fifty (50) square feet do not require review and permits under this Chapter, provided they comply with all applicable development standards.

A.

General Standards. The following development and performance standards shall apply to all recycling facility uses subject to this Chapter.

1.

No unattended facilities. All outdoor recycling facilities shall be attended to and administered by on-site personnel during the hours the facility is open.

2.

Secured site. The site shall be secured from unauthorized entry and from deposit or removal of materials when attendants are not present.

3.

Cameras. Security cameras shall be placed at locations and be of sufficient quality to identify customers. Surveillance video shall be recorded on a minimum seven-day loop. Access to such video shall be provided to Fowler Police Department within twenty-four (24) hours of a request to aid in any criminal investigation.

4.

Screening. The facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by solid wood, vinyl fence, or masonry wall at least six (6) feet in height and which is setback by a two-foot landscape buffer.

5.

Setbacks. Setbacks from property lines shall be those required for the zoning district in which the facility is located.

6.

Residential setback. The facility shall be located at least six hundred (600) feet from property zoned or occupied for residential use.

7.

Parking. No parking shall be required for reverse vending machines. Two (2) parking spaces shall be provided for collection facilities. Parking for processing facilities shall comply with the standards of Chapter 9.180 (Parking and Loading Standards).

8.

Hours of operation. If the facility is located within six hundred (600) feet of property zoned, planned, or occupied for residential use, it shall not be in operation between the hours of 8:00 p.m. and 8:00 a.m.

9.

Containers. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Alternatively, material may be baled or placed on pallets if completely screened from view. No storage shall be visible above the height of the fencing, screening, or landscaping.

10.

Site maintenance. The site shall be maintained free of litter, dust, flies, odors, and any other undesirable materials, and cleaned of loose debris on a daily basis.

11.

Containment. No material shall be left outside the recycling containers. The facility shall display a notice stating that no material shall be left outside the recycling containers. The containers shall be clearly marked to identify the type of material that may be deposited.

12.

Signs. Sign criteria shall be those applicable to the zoning district in which the facility is located.

13.

Posted information. The facility shall be clearly marked with the name and phone number of the facility operator, their state license number, the hours of operation, and an after-hours contact number that may be reached twenty-four (24) hours a day, seven (7) days a week.

14.

Power equipment. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for the efficient temporary storage and shipment of material, may be approved at the discretion of the approving authority if noise restrictions and other conditions are met.

B.

Processing Facilities. The following standards shall apply to processing facilities.

1.

Processing facilities shall only be permitted in fully enclosed buildings. There shall be no outdoor storage of equipment or materials of any kind. The facility shall be located at least one hundred fifty (150) feet from property zoned or designated for residential use.

2.

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

The purpose of this Chapter is to establish regulations and procedures for wireless telecommunication facilities. It is the City's intent in establishing these regulations to allow for the development of wireless telecommunication facilities where needed in accordance with the Telecommunications Act of 1996, as amended, while maintaining development standards and permitting requirements consistent with State law. (Government Code sections 65850.6 and 65964.) The goals of this Chapter are to:

A.

Enhance the ability of wireless telecommunication service providers to effectively and efficiently provide new wireless telecommunication services.

B.

Encourage the design and placement of wireless telecommunication facilities in a way that minimizes their impact to the visual character.

C.

Encourage and maximize the use of existing and approved wireless telecommunication facilities, buildings, and other structures while taking into account the use of concealment technology in order to reduce the number of facilities needed to serve City businesses and residents.

D.

Ensure continuous maintenance of new and existing wireless telecommunication facilities.

E.

Ensure the timely removal of any unused or outdated wireless telecommunication facilities.

A.

The provisions of this Chapter shall apply to all wireless telecommunication facility uses as defined in this Title.

B.

The provisions of this Chapter shall not apply to:

1.

Any tower or antenna that is owned and operated by a federally licensed amateur radio station operator and is a maximum of ten (10) feet higher than the height limitation of buildings within the underlying zone district.

2.

Any tower or antenna used for commercial radio or television purposes.

3.

Any satellite dish or antenna for private use.

A.

Major Conditional Use Permit Required. A Major Conditional Use Permit in accordance with Chapter 9.35 shall be required for any new standalone wireless telecommunication facility that is not co-located or is not incorporated into an existing building.

B.

Minor Conditional Use Permit Required. A Minor Conditional Use Permit in accordance with Chapter 9.35 shall be required for the placement of small cell attachments on public and private poles in the public right-of-way.

C.

Ministerial Plan Review Required. A Ministerial Plan Review in accordance with Chapter 9.55 shall be required for the modification, placement, or replacement of co-located wireless telecommunication facilities provided the facility meets the following requirements. Ministerial Plan Reviews shall be processed in sixty (60) days for co-located facilities from the time of application submittal, in accordance with Federal Communications Commission requirements.

1.

State compliance. Complies with the requirements of Government Code section 65850.6, subdivision (b) for the co-location of wireless telecommunication facilities.

2.

Height. Does not increase the height of the tower by more than ten percent (10%) or ten (10) feet, whichever is greater. For towers in the public right-of-way, does not increase the height of the tower by more than ten percent (10%) or twenty (20) feet, whichever is greater.

3.

Width. Does not increase the width of the tower by more than twenty (20) feet or more than the width of the tower structure at the location of the addition, whichever is greater. For towers in the public right-of-way and based stations, does not include an addition that would extend from the edge of the structure by more than six (6) feet.

4.

Equipment cabinets. Does not involve installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four (4) cabinets total. For towers in the public right-of-way and base stations, does not involve installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets associated with the structure.

5.

Excavation/deployment. Does not entail any excavation or deployment outside the current site.

6.

Concealment. Does not defeat the concealment elements of the wireless tower or base station.

D.

Exemptions. The following project activities are exempt from the permit requirements of this Chapter. Additional permits and approvals may be required, including building permits.

1.

Removal of wireless telecommunication facilities.

2.

Change of antennas on any existing wireless telecommunication facilities not resulting in increased visibility of the structure.

E.

Compliance with Other Regulations and Approvals. All wireless telecommunication facilities shall comply with applicable Federal Communications Commission rules, regulations, and standards and Title 8 (Building Regulations) of the Fowler Municipal Code.

F.

Authority to Employ Technical Expert. The Community Development Director is explicitly authorized at their discretion to employ an independent technical expert to review any submitted supplemental or technical materials or provide technical knowledge to the City. The technical expert shall be agreeable to both the City and the service provider. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. To the extent allowed by law, any proprietary information that is disclosed to the City or any expert hired shall be located in a separate private file, shall remain confidential, and shall not be disclosed to any third party.

G.

Modifications to Development Standards. The approval authority may modify or vary the development standards listed in Section 9.230.050 if the approval authority finds:

1.

That such modification(s) or variation(s) will not result in any adverse incompatibility, noise, visual, or public safety impacts to surrounding properties given the project design and the location of the proposed facility; and

2.

That the overall intent and purpose of Chapter 9.230 is maintained and preserved.

A.

Whether located on public or private property, wireless telecommunication facilities cannot be constructed unless a permit has first been obtained in accordance with this Title.

B.

An encroachment permit does not, under any circumstances, authorize the construction of wireless telecommunication facilities without obtaining the permits and approvals required by this Title.

All wireless telecommunication facilities shall comply with the following development standards:

A.

Siting.

1.

All wireless telecommunication facilities shall be located to maintain applicable easements or similar restrictions on the subject property.

2.

Wireless telecommunication facilities shall meet the setbacks of the underlying zone district and any applicable overlay districts. All setbacks shall be measured from the base of the tower or structure to the applicable property line or structure. Where possible, facilities shall not be situated between the primary building on the parcel and any public or private street adjoining the parcel.

3.

In residential zones, wireless telecommunication facilities are prohibited on properties containing residences but may be permitted on properties containing churches, schools, or other non-residential uses in residential zones, if concealed or disguised and with written consent of the Community Development Director based upon aesthetics, architectural integration, pole height, and similar factors as set out herein.

4.

Wireless telecommunication facilities shall be located so as to avoid precluding the future development of the surrounding property and area.

B.

Height Limitations.

1.

The height of the antenna structure shall be no greater than the minimum necessary to provide the required coverage and shall not exceed an overall height of sixty (60) feet, or no more than twenty (20) feet above the highest point of the structure on which it is mounted, whichever is less.

2.

A freestanding above ground wireless telecommunication support facility shall be no taller than fifteen (15) feet in height. Additionally, wireless telecommunication support facilities in high visibility areas shall be located or designed from public view, where possible, to minimize their profile (i.e., placed underground, depressed or located behind berms).

C.

Stealth, Concealment, Screening, Materials and Design.

1.

Antennas shall be constructed of metal or another nonflammable material, unless specifically approved by the City to be otherwise.

2.

All buildings, poles, towers, antenna supports, antennas, and other components of each wireless telecommunication site shall be comprised of materials that are of the same color or treated with colors to conceal the equipment, as well as with anti-graffiti paint or coating and live vines/plants.

3.

Exterior surfaces of wireless telecommunication support facilities visible from the public right-of-way shall be non-reflective.

4.

Freestanding equipment enclosures shall be constructed to look like adjacent structures or facilities typically found in the area and shall adhere to any applicable design guidelines. Where there are no structures in the immediate vicinity, equipment enclosures be screened from view.

D.

Vegetation and Landscape Screening, Protection, and Maintenance. All equipment enclosures shall be installed in such a manner so as to maintain and enhance existing native and/or landscaped vegetation to screen the facility. The level of screening shall be consistent with the type of facility proposed, its zone, and its location.

E.

Lighting. Except as required by State or federal law, the exterior of all wireless telecommunication facilities shall be unlit except for a manually operated or motion-detector controlled light above the equipment shed door and which shall meet the requirements of Chapter 9.170 (Outdoor Lighting).

F.

Signage. All freestanding wireless telecommunication sites shall provide unlighted identification signage of not more than three (3) square feet in size. The sign shall indicate the name of the company operating the facility, the phone number of the facility operator, and an after-hours contact number that may be reached twenty-four (24) hours a day, seven (7) days a week. Wireless telecommunications facilities and antennas shall not contain advertising and additional signs.

G.

Security. The wireless telecommunications service and property owner shall:

1.

Maintain a security program when determined to be necessary by, and subject to the review and approval of, the Fowler Police Department that will prevent unauthorized access and vandalism.

2.

Ensure sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce the potential for trespass and injury.

A.

Notice. The wireless telecommunication service provider shall give written notice to the City at such time as use of a facility ceases.

B.

Non-Operating Facilities. Any wireless telecommunication facility that is not continuously operated for a period of ninety (90) consecutive days shall be deemed abandoned except when such non-operation is the result of natural disaster, in which case the period of time shall be one hundred eighty (180) consecutive days.

C.

Cures for Abandonment. The wireless telecommunication service provider shall have sixty (60) days after a notice of abandonment is mailed by the City to make the facility operable, replace the facility with an operable facility, or completely remove the facility and all supporting facilities and restore the site.

D.

Removal of Facilities and Site Restoration. The owner of the property shall cause the safe removal of the facilities and thereafter cause the site to be restored to its original condition (wear and tear excepted) within one hundred eighty (180) days of the removal of the facilities.

E.

Abatement Procedures. If the owner does not remove the facilities within sixty (60) days of a notice of abandonment, the City may remove or cause to be removed the wireless telecommunication facility at the underlying property owner's expense and place a lien on the property for the cost of such removal as set out in the written consent provided by the property owner.

F.

Multiple Users. If there are two (2) or more users of a single facility, the facility shall not be deemed abandoned until all users abandon it.