For purposes of this chapter, certain words and terms are defined, and certain rules of construction and interpretation are set forth in this chapter.

This district is intended to protect lands designated for eventual urban development to ensure the orderly conversion of these lands to nonagricultural use; to preserve lands best suited for agriculture from the encroachment of incompatible uses; and to provide appropriate areas for certain open uses of land that are not injurious to agriculture but that may not be harmonious with urban uses.

All uses shall be subject to the provisions of Article 21.

A.

Any type of field, truck, or orchard crop and horticultural specialties, and the raising of farm animals. The keeping of pigeons shall be in accordance with the definition of "Pigeon" contained in Section 9-5.202 of Article 2 of the Fowler Zoning Ordinance, not to exceed fifty (50) in number.

B.

Processing of products produced on the premises, except commercial animal slaughter.

C.

One-family dwellings and farm employee housing that are incidental to a permitted or conditional use.

D.

Home occupations, subject to the provisions of Article 21.

E.

Accessory structures and uses located on the same site with a permitted use, including barns, stables, storage tanks, and windmills; guest houses, limited to one (1) for each permitted residence; offices incidental to the conduct of a permitted use; storehouses, greenhouses, recreation rooms and hobby shops; and storage of petroleum products for use of persons residing on the site.

F.

Swimming pools used solely by persons residing on the site and their guests; provided that no swimming pool shall be located in a required front or side yard; and further provided that all fencing comply with the California Building Code or City standards.

G.

Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than $100.00, and nonconforming fences, walls, and hedges.

H.

The keeping of pigeons, in accordance with the provisions of Section 9-5.202 of Article 2 of the Fowler Zoning Ordinance, not to exceed fifty (50) in number.

(Ord. No. 2011-06, § 4, 11-1-2011)

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

Public and quasi-public uses of an educational or religious type, including schools, nursery schools; churches, parsonages, convents, and other religious institutions.

B.

Public and private charitable institutions, hospitals, sanitariums, and nursing homes.

C.

Public and private recreational facilities, including golf courses, riding academies, playgrounds, parks, community centers, and stadiums, but not including commercial recreation uses within buildings.

D.

Public uses including government administrative centers and courts, libraries, museums, art galleries, police and fire stations, and other public buildings and facilities.

E.

Accessory structures and uses located on the same site as a conditional use.

F.

One-family dwellings not associated with a permitted use, not more than one (1) dwelling per lot, provided that the site for the dwelling unit is in an area designated by the General Plan for future residential use. Provisions of the R-1-6 district shall constitute the property development standards for one-family dwelling units.

G.

Water pump stations.

Fences, walls, and hedges shall be permitted in accordance with the provisions to Chapter 9-5.21.

A.

Site Area. The minimum site area shall be ten (10) acres

B.

Site Area per Dwelling Unit. Each site shall have not less than five (5) acres for each dwelling unit, excepting that employee housing may have a lesser area for each dwelling unit; provided that the site area and the number of dwelling units are specifically approved by the Commission in granting the use permit.

No requirements.

The maximum site area covered by structures shall be ten (10) percent for permitted uses and twenty (20) percent for conditional uses.

A.

Minimum front yard—thirty-five (35) feet.

B.

Minimum rear yard—fifteen (15) feet.

C.

Minimum side yard—fifteen (15) feet.

Except as may be allowed under Article 27, the maximum height of a structure shall be thirty-five (35) feet, except that tank houses, storage tanks, windmills and silos may exceed thirty-five (35) feet in height. The maximum height of a structure occupied by a conditional use and its accessory structures shall be thirty (35) feet unless specifically determined otherwise by provisions of the use permit.

No sign shall be permitted except as prescribed in Article 22.

Off-street parking facilities and off-street loading facilities shall be provided as prescribed in Article 20.

Where there is more than one (1) structure on a site in a UR zone, the minimum distance between a structure used for human habitation and another structure shall be twenty (20) feet. The minimum distance between a structure used for human habitation and a structure housing livestock or poultry shall be fifty (50) feet.

Any structure in a UR zone in which animals or fowl are contained shall be at least two hundred (200) feet from any lot in any R, RM, or C district, or from any school or institution for human care.

The purpose of the zoning ordinance is to promote and protect the public health, safety, and general welfare by adopting a zoning plan and regulations providing for the classification of areas of the City into several zones, and to protect the established character of the City by insuring orderly development.

The zoning ordinance consists of a zone map designating certain districts and a set of regulations controlling the uses of land; the density of population; the uses and locations of structures; the height and bulk of structures; the open spaces about structures, the appearance of certain uses and structures; the areas and dimensions of sites; the location, size and illumination of signs and requiring off-street parking and off-street loading facilities.

This ordinance shall be known as the "Zoning Ordinance." The words "ordinance," "code" and "chapter" used herein shall have the same meaning.

A.

The provisions of this chapter are held to be minimum requirements except where expressly stated to be otherwise. No provision of this code is intended to repeal or interfere with any existing ordinance of the City of Fowler, except as specifically repealed herein, or deed restriction, covenant, easement, or other agreement between parties, provided that where this code imposes greater restrictions than imposed or required by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, this ordinance shall control.

B.

In the event of need for clarification or interpretation, the Planning Commission shall ascertain all pertinent facts and by resolution set forth its findings. Said resolution shall be transmitted to the City Council, and if approved by the Council, said clarification or interpretation shall govern. The foregoing shall apply in the following cases:

1.

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter;

2.

If ambiguity exists with matters of height, yard, area, and other requirements;

3.

If uncertainty exists with reference to a zone boundary;

4.

If unforeseen conditions arise or technological changes have been introduced;

5.

If ambiguity or uncertainty arises as to the meaning of any word or provision contained in this chapter.

6.

Where uncertainty exists concerning how best to achieve General Plan consistency.

This code shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the State of California or any of its agencies or political subdivisions; by any county or city, including the City of Fowler or any of its agencies; or by any authority or district organized under the laws of the State of California, all subject to the following exceptions:

A.

Public streets and alleys.

B.

Underground utility lines and facilities.

C.

Overhead communication lines.

D.

Overhead and underground electric and gas distribution and transmission facilities.

E.

Railroad rights-of-way.

F.

Other exemptions specifically allowed by State Law.

No department, official or other employee of the City shall issue a permit, license or certificate for uses, buildings, structures or purposes in conflict with provisions contained in this chapter. Any such permit, license or certificate issued in conflict with this chapter, intentionally or otherwise, shall be null and void.

Nothing in this chapter shall authorize the use of any parcel of land in violation of this chapter or any other applicable statute, ordinance, or regulation. Any permit or other entitlement issued in violation of any provisions of this chapter shall be void.

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

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.

Any building or structure erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter, and any use of land, buildings, or premises established, conducted, operated or maintained contrary to the provisions of this chapter shall be and the same are hereby declared to be unlawful and a public nuisance. The Building Official or the City Attorney shall immediately initiate all necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps as may be necessary to accomplish these ends, and may apply to a court of competent jurisdiction to grant such relief as will remove and abate the structure or use and restrain or enjoin the person, firm or corporation, or an organization from erecting, moving, altering or enlarging the structure or using the site contrary to the provisions of the ordinance. The remedies prescribed by this section are cumulative and nonexclusive.

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

If any section, sentence, clause, or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter or of any section hereof. The Council hereby declares that it would have passed and does hereby pass this chapter, and each section, sentence, clause and phrase hereof, irrespective of the fact that any one (1) or more sections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Any words or phrases not defined in this chapter shall be defined in the manner set forth in a dictionary, or in the terminology in common use by planning and zoning professionals.

Accessory Building or Structure. A building or structure that is subordinate to, and the use of which is incidental to, that of the main building or use on the same lot. Structures that are customarily related to a residence include, but are not limited to, garages, greenhouses, gazebos, outdoor fireplaces, patios, playground structures, storage sheds, and workshops. These structures are not counted as or containing a living area.

Accessory Living Quarters. Living quarters within an accessory building for the sole use of occupants of the premises or guests. Such quarters shall not be rented.

Accessory Use. A use customarily incidental to, subordinate to, and devoted exclusively to the main use of the premises.

Alley. A public or private way permanently dedicated or reserved as a means of access to abutting property.

Apartment. See "Dwelling, Multiple."

Apartment Hotel. Any motel or hotel all or a portion of which is designed to be rented out to be occupied on a permanent basis by any family or individual.

Auto or Automobile. "Auto or automobile" includes trucks, unless otherwise specifically provided.

Automobile Wrecking. The dismantling or wrecking of motor vehicles or trailers, and/or the storage or sale of dismantled or wrecked vehicles or their parts.

Bed and Breakfast Inn. A building or portion thereof occupied as a residence, intended for occupancy by transient visitors wherein guest rooms, including the serving of breakfast, are provided for compensation.

Bedroom. Any room in a residential unit designated as separated sleeping quarters or suitable for that purpose.

Billboard (Outdoor advertising structure). See Article 22.

Block. All property fronting on one (1) side of a street between intersections of streets, railroad rights-of-way or city boundaries or terminated by a dead end; an intercepting street shall determine only the boundary of the block on the side of the street from which it so intercepts.

Boarding, Lodging House. A building where lodging and/or meals are provided for compensation for five (5) but not more than fifteen (15) persons, not including rest homes.

Breezeway. A roofed structure not enclosed on more than two (2) sides attached to and connecting portions of a main building, or a portion of a main building and accessory building.

Building. A permanent structure having a roof; house trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings.

Building Height. Height of a building or playground structure shall be measured along the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof, or to the highest point of a playground structure.

Building plate height. The vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the plate line of the exterior walls which is the horizontal plane where the exterior walls meet the roof rafters or trusses.

Building Site. The ground area of one (1) or more lots, when used in combination for a building or group of buildings, together with open spaces as required by this chapter. When so combined as a single building site, the common line dividing two (2) or more contiguous lots is exempt from the provisions requiring side yards.

Business Park. A unified office development on a minimum of two (2) acres that may also contain associated light manufacturing or commercial service uses.

Business, Retail. The retail sale of any article, substance or commodity for profit conducted within a building, but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials.

Business, Wholesale. The wholesale handling of any substance or commodity for profit but not including the handling of lumber or other building materials, or the open storage or sale of any material or commodity and not including the processing or manufacture of any product or substance.

Carport. A detached accessory building not enclosed on more than three (3) sides and designed for and used to shelter or house automobiles. When attached to the main building, a carport becomes a part thereof.

Central Business District. A section of the city that is the principal shopping, commerce area, and focal point of many individual stores and businesses.

Child Care Facility. A facility, other than a home, that provides regular care, protection, and supervision to children for a period of less than twenty-four (24) hours a day, while the parents or guardians are away.

Child Care Home. A home in which the occupant provides regular care and supervision to twelve (12) or fewer children, inclusive, including children who reside at the home, if any, for a period of less than twenty-four (24) hours a day, while the parents or guardians are away.

Church. Includes any structure or open space where a group of two (2) or more persons, not immediate members of one (1) family only, regularly gather for purposes of divine worship.

Club. An association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service that is customarily carried on as a business.

Commercial Farm Building. A farm building used in connection with agricultural operations conducted for a profit, not including dwellings.

Commission. "Commission" means the Planning Commission of the City of Fowler.

Communications Equipment Building. A building housing electrical and mechanical equipment for a public utility communications business, with or without personnel.

Condominium Project. A project as defined in Section 1350 of the State Civil Code; a community apartment project as defined in Section 11004 of the State Business and Professions Code; or a stock cooperative as defined in Section 110.32 of the State Business and Professions Code.

Convalescent Home. An establishment or home for the care and nursing of convalescents, invalids and aged persons, excluding cases of communicable diseases, mental sickness or disorder, and surgical or obstetrical operations.

Council. "Council" means the City Council of the City of Fowler.

Director. An individual designated by the City Manager with authority to carry out the responsibilities contained in this chapter.

District Zoning. A portion of the City within which certain uses of land and buildings are permitted or prohibited, all as set forth and specified in this chapter.

Dormitory. See "Rooming and Boarding House."

Drive-Through Facilities. A structure and associated facilities, including travel lanes, intended for ordering and pick-up of items from a vehicle such as food, beverages, medicine, and other goods and services.

Dwelling, Multiple. Buildings or portion thereof used as a residence for two (2) or more families or individuals living independently of each other, with separate kitchen and bathroom facilities. "Multiple dwelling" shall not include trailers, mobile homes, or residential manufactured housing.

Dwelling, Single-Family. A building designed for and/or occupied as a residence by one (1) family or individual. "Single-family dwelling" shall not include trailers, mobile homes or residential manufactured housing.

Emergency Shelter. Emergency shelter shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Employee Housing. Living quarters including dwellings, railroad maintenance cars, trailer coaches, or other housing accommodations maintained in connection with any work or place where work is being performed and the site on which they are located, excepting farm employee housing as defined in this section.

Family. An individual, or two (2) or more persons related by blood or marriage, or a group of not more than six (6) persons not necessarily related by blood or marriage, living together in a dwelling unit; full-time domestic servants of any such persons may reside on the same premises, and shall not be counted with respect to the foregoing definition.

Farm Animals. Livestock, fowl, and other animals commonly kept or raised on a farm including, but not limited to, any swine, sheep, goat, horse, donkey, mule, burro, cattle, goat, swine, chicken, duck, goose, rabbit, guinea fowl, peafowl, peacock, turkey, dove, pigeon, game bird or similar bird intended for human consumption or for the production of eggs for human consumption.

Farm Employee Housing. Living quarters, including dwellings with sleeping accommodations and dining facilities, maintained for occupancy by persons employed principally in farming and related pursuits on land owned, leased or rented by the owner, lessee, or tenant of the site on which the farm employee housing is located; excepting a labor camp or trailer park.

Fence, Open or Lattice Type. A fence, fifty (50) percent or more of the surface of which is open to the passage of air.

Fence, Screen. A fence, ninety (90) percent or more of the surface of which is closed to the passage of light on a horizontal plane.

Fraternity House and Sorority House. A dwelling occupied by members of a fraternity or sorority or used as a meeting/assembly place for a fraternity or sorority.

Frontage of Building. The lineal length of any portion of a building facing any adjacent public street or common parking area.

Frontage of Parcel. The lineal length of that portion of a property abutting a street or, in the case of a property that abuts and has a public entrance facing a publicly owned parking lot, that portion of a property abutting the publicly owned parking lot.

Garage, Private. An accessory building or portion of a main building, designed or used only for the shelter or storage of vehicles owned or operated by occupants of the premises, and includes "carport."

Garage, Public. A building other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are kept or stored for compensation, or for hire or sale.

Grade. The point of elevation of the finished surface of the ground or at a location where a sign or any projection thereof is within five (5) feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. Where a raised planter, earth berm or other artificial elevation of the ground exists at a location, the grade shall be the elevation at the base of such planter, earth berm or artificial elevation of the ground.

Group Care Facility. A community care facility licensed by the State Department of Social Services that is not a residential care home, or any other facilities providing non-medical care and supervision to children and/or adults.

Guest House. A detached accessory building with a floor area less than two hundred fifty (250) square feet that does not contain kitchen facilities and is designed for and used to house nonpaying transient guests of the occupants of the dwelling on the lot.

Health Care Facility. Any facility, place or building maintained and operated to provide medical care, including, but not be limited to, hospitals, nursing homes, intermediate care facilities, psychiatric care facilities, clinics, and home health agencies, licensed by the State Department of Health Services.

Height, Building. The vertical distance from the average level of the highest and lowest point of the portion of the lot covered by the building to the top most point of the roof.

Home Occupation. An occupation or profession carried on by a member or members of the immediate family residing on the premises.

Hospital, Major Medical Facility. Any facility or building maintained and operated for the diagnosis, care and treatment of human illness or injury, including convalescence, rehabilitation, and care during and after pregnancy, or for any one (1) or more of these purposes.

Hotel or Motel. Any building or buildings, or portion thereof containing six (6) or more guest rooms designed to be rented out to be occupied on a temporary basis of not more than thirty (30) continuous days by any family or individual.

Household Hazardous Waste Collection Center. A facility operated or authorized by the City or County for the collection of small quantities (less than five (5) gallons or fifty (50) pounds per delivery) of hazardous wastes generated in the home. Such a facility would be operated with a State Approved Operating Plan and would require approval of the city fire marshal. The facility would serve to implement the Household Hazardous Waste recommendations of the approved Fresno County Hazardous Waste Management Plan. Such a facility would occupy an area of not more than five hundred (500) square feet, and would not use power driven processing equipment. The facility must be located over five hundred (500) feet from existing residential uses. Waste materials collected would include, but not be limited to, pesticides, cleaners, paints, and other household items considered hazardous.

Household Pets. Domestic animals ordinarily permitted in a place of residence, kept for company and pleasure, such as: dogs; cats; guinea pigs; rats; rabbits; mice; budgies, canaries, cockatiels, cockatoos, finches, lorikeets, lovebirds, macaws, parakeets, parrots, toucans, and similar birds; Vietnamese potbellied pigs as provided for in Chapter 1 of Title 6 of the Fowler Municipal Code — Animal Regulations; turtles; lizards and snakes as permitted in this chapter; and other similar animals generally considered to be kept as pets, excluding farm animals. The maximum number of household pets allowed in a household or on any premises shall be four (4) animals in any combination. Of those four (4) animals, no more than two (2) may be potbellied pigs.

Human Sign. See Article 22.

Junk. Any scrap metals, papers, lumber, old vehicle parts or machinery, or other scrap materials, and also bicycles, automobiles, other vehicles or machinery, dismantled or wrecked, and similar items ordinarily classified as junk, regardless of whether the materials are being held for sale or storage.

Junkyard. Any premises or portion thereof upon which any of the articles defined as junk are kept for sale or storage, in the open and not entirely enclosed within a room or building, whether for business use, personal use or convenience, or otherwise.

Landscaping. The planting, configuration, and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

Liquor Store. A retail establishment operated for the primary purpose of selling alcohol. Food stores and convenience markets for which food sales comprise the majority of gross sales, but also sell alcohol, shall not be considered a "liquor store."

Lot, Interior. A lot other than a corner lot or a reversed corner lot.

Lot, Key. An interior lot where the side yard abuts the rear yard or side yard of a corner lot.

Lot Line, Front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot for the street.

Lot Line, Rear. A lot line opposite and most distant from the front lot line; or in the case of an irregular, triangular or pie-shaped lot, a line ten (10) feet in length within the lot, parallel to and at a maximum distance from the front lot line.

Lot Line, Side. Any lot boundary line not a front lot line or a rear lot line.

Lot, Reversed Corner. A corner lot, the street side line of which is substantially a continuation of the front lot line of the lot upon which it rears.

Lot, Through. A lot having frontage on two (2) parallel or approximately parallel streets.

Lot Width. The distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Mature height. The typical height of a tree as defined by the latest edition of the Water Use Classification of Landscape Species (WUCOLS).

Medical Clinic. An outpatient health facility that provides direct medical, care advice, services or treatment to patients who remain less than twenty-four (24) hours.

Mobile Home, Manufactured Home. A residential dwelling unit that is either wholly or partially constructed off the site in accordance with regulations of the State Commission of Housing and Community Development. Manufactured homes shall be placed on a permanent foundation.

Mobile Home Park. Any parcel of land or portion thereof used as a location for one (1) or more mobile homes or manufactured homes.

Multi-family. See "Dwelling, Multiple."

Mural. See Article 21.

Nonconforming Building. A building or portion thereof lawfully existing at the time of the adoption of this chapter, that does not conform to the applicable regulations of this chapter, or amendment thereto.

Nonconforming Use. A use that lawfully occupies any building or land at the time of the adoption of this chapter, and does not conform to the applicable regulations of this chapter, or amendment thereto.

Nursing Home. A structure operating as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalid or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.

Parking Facility. A structure or an area of land, a yard or other open space on a lot fully improved with all-weather surfacing and storm drainage as approved by the Department of Public Works and used for or designed for use by standing motor vehicles.

Parking Facility, Off-Site. A parking facility located on a lot other than the lot on which the use it serves is located.

Parking Space. A paved area used exclusively for the parking of motor vehicles that is accessible by such vehicles to and from an improved street or alley.

Paved. A structural section of asphalt concrete and aggregate base rock designed for vehicle volumes and loadings as determined by the City Engineer and the City's Standard Specifications.

Personal Service Establishment. A commercial or professional establishment specializing in rendering services and in which the sale of commodities is only incidental thereto.

Pigeons. "Pigeon" means a member of the order Columbae, and shall include "Racing Pigeons", "Fancy Pigeons" and "Sporting Pigeons." "Racing Pigeon" means a pigeon which, through past breeding, can return to its home after having been released from a considerable distance. "Fancy Pigeon" means a pigeon which, through past breeding, has developed distinctive physical and performing; examples: Fantails, Pouters, Trumpeters. "Sporting Pigeon" means a pigeon which, through past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying; examples: Rollers, Tipplers. The keeping of pigeons shall be subject to the following conditions:

A.

Owners of pigeons shall provide documentation of membership in a nationally recognized racing, homing or sporting pigeon association. All pigeons shall be banded with a leg band which designates the national organization with which the bird is registered.

B.

At no time shall pigeons be allowed to perch or linger on buildings or fences, or other common or private property, including that of others.

C.

Any loft for housing pigeons shall be no less than forty (40) feet from any dwelling unit or structure used for human habitation and located on an adjoining lot.

D.

The keeping of pigeons may be allowed only upon the issuance of a permit by the Director. The permit may be revoked by the Director upon violation of any condition, regulation or limitation of the permit issued.

E.

City law enforcement officers or the building official may enter and inspect any property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this section.

Play Area. A playground, generally not exceeding one (1) acre in area.

Playground. Any area, including accessory buildings, used or designed for recreation and not conducted for a profit.

Playground Structure. A structure constructed or erected located on the ground or attached to the ground for the purpose of children's play typically including such features as swings, slides and horizontal and vertical bars for support and for children to climb and play on.

Premises. A lot or parcel or real property or any portion thereof that is used separately from other portions thereof or any building located thereon or any portion of such building that has a separate street address. "Premises" does not include easements in real property appurtenant to a lot.

Public Utility Service Yard. An area for the storage of public utility vehicles and material and office facilities for maintenance and construction personnel.

Readerboard Sign. See Article 22.

Recyclable Material. Recyclable material is reusable material including, but not limited to, metals, glass, plastic and paper that are intended for reuse or re-manufacture. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code.

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

Recycling Collection Facility. A center for the collection and/or processing of recyclable materials limited to glass, metals, plastic containers, papers, and reusable items. The collection facility shall comply with the following standards:

1.

Shall be installed as an accessory use to an existing commercial use.

2.

Shall be no larger than five hundred (500) square feet.

3.

Shall be set back at least ten (10) feet from any public right-of-way and not obstruct pedestrian or vehicle circulation or reduce established landscaped areas. Additional landscaping or screening may be required by the Director.

4.

Shall use no power-driven processing equipment except for reverse vending machines.

5.

Shall store all materials in the mobile unit and not leave materials outside when an attendant is not present.

6.

Shall be maintained in a clean and sanitary manner free of litter and other undesirable materials, including graffiti.

7.

May have identification signs with a maximum of fifteen (15) percent per side of a structure, or sixteen (16) square feet, whichever is greater.

8.

No additional parking shall be required for the collection facility. However, parking at the facility shall not substantially reduce available parking for the primary use.

9.

Shall be limited in operation to between the hours of 8:00 a.m. and 6:00 pm.

Reptile. Any cold-blooded animal including, but not limited to, turtles, snakes, lizards, crocodiles and alligators. The keeping of reptiles as household pets is limited to turtles, lizards and snakes and excludes other reptiles such as crocodiles and alligators. It shall be unlawful for any person to own and keep within the City any reptile that is determined by an animal regulations officer to be a nuisance or danger to persons or other animals.

Residential Care Home. A community care facility licensed by the State Department of Social Services as a residential facility, a residential care facility for the elderly, a foster family home, or a small family home, as defined in Health and Safety Code Section 1502 or described in Welfare and Institutions Code Section 5116, that serves six (6) or fewer adults and/or children, and an alcoholism recovery facility as defined in Health and Safety Code Section 11834.1 serving six (6) or fewer persons.

Residential Manufactured Housing Unit. A mobile home that is placed on a foundation in accordance with the provisions of California Healthy and Safety Code Section 18551 and that is used as a single-family dwelling.

Reverse Vending Machine. An automated device that accepts empty beverage containers such as aluminum cans, glass and plastic bottles, and issues a cash refund or credit slip with a value not less than the redemption value as determined by the State. A reverse vending machine may process containers mechanically provided that the entire process is enclosed within the machine. In order to temporarily store containers and to meet the requirements of certification as a recycling facility, multiple machines may be necessary.

Sanitarium. A health establishment where resident patients are kept that specializes in giving clinical, temporary, and emergency medical or surgical services to patients and injured persons and licensed by state agencies to provide facilities and services in surgery, obstetrics, and general medical practice as distinguished from treatment of mental and nervous disorders but not excluding surgical and post-surgical treatment of mental cases.

School, Public or Private. A public or private academic institution for children or adults, but excluding a business college.

Secondhand Store. A retail business that sells used merchandise such as clothing, appliances, furniture and other similar goods, provided that such articles are usable for the purposes for which they were created. Secondhand store shall not include the sale or storage of used cars or used car parts.

Senior Citizens' Housing Development. A development specifically designed for and occupied by persons sixty-two (62) years of age or older and limited to such occupancy for the actual lifetime of the building, either by the requirements of state or federal programs for housing for the elderly or in accordance with standards established by resolution of the Commission and/or the City Council.

Service Station. A retail business establishment supplying gasoline and oil and minor accessories and services for automobiles, but excluding painting, body work and steam cleaning.

Setback Line. A line governing the placement of buildings and improvements with respect to streets, access easements, alleys and adjoining properties.

Shopping Center. Three (3) or more commercial establishments within an integrated shopping center where buildings parking, loading, landscaping, architecture, and other features are developed, and maintained as if a single unit.

Sign. See Article 22.

Solid Waste Transfer Facility. A facility for the collection, temporary storage, and transfer of solid waste to a sanitary landfill.

Street. A public or private thoroughfare that affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley as herein defined.

Street Line. The boundary between a street right-of-way, private street or access easement and adjoining property.

Street Property Line. That property line common to the street right-of-way or access easement.

Structural Alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, and floor joists, ceiling joists or roof rafters, but not restricted to those mentioned above.

Structure. Anything constructed or erected, the use of which requires locating on the ground or attachment to something having location on the ground.

Supportive Housing. Supportive housing shall mean housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Tandem Parking. Two (2) parking spaces located such that one (1) of the spaces serves as the only access to the other space and when occupied, blocks vehicular access to the other space.

Target Population. Target population shall mean persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

Temporary Sign. Any sign not permanently attached to the ground or a building.

Transitional Housing. Transitional housing shall mean buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and re-circulating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.

Travel Trailer. Any motor home, travel coach or other vehicle, with or without motive power, designed to travel on public streets and used for temporary human habitation.

Tree, Large. A tree whose mature height is greater than forty-five (45) feet and is at least one and one-half (1½) inch in diameter, measured at six (6) inches above ground level.

Tree, Medium. A tree whose mature height is between twenty-five (25) and forty-five (45) feet and is at least one and one-quarter (1¼) inch in diameter, measured at six (6) inches above ground level.

Tree, Small. A tree whose mature height is less than twenty-five (25) feet and is at least one (1) inch in diameter, measured at six (6) inches above ground level. Two (2) small trees shall count as a medium tree.

Yard. Land unoccupied or unobstructed, except for such encroachments as may be permitted by this chapter.

Yard, Front. A yard extending across the full width of the lot, measured between the street line and the required front setback line. The front yard of a corner lot may face either street frontage, at the option of the owner. The front yard of a flag lot may by any yard as designated by the owner at time of development.

Yard, Rear. A yard extending between the side property lines of the lot measured from the rear property line of the lot and the required rear setback line. In the case of a corner lot or flag lot, the rear yard is that portion of the lot opposite to the front yard.

Yard, Side. A yard between the side line of the lot and the required side setback line extending from the front line of the lot to the rear yard.

Vehicle Wrecking Yard. A site on which is conducted the dismantling or wrecking of used vehicles, or the storage or sale of dismantled or wrecked vehicles or their parts. The presence on a site of two (2) or more motor vehicles which have not been capable of operating under their own power for thirty (30) days or more, or in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a vehicle wrecking yard.

Wild or Exotic Animal. Shall mean any of the following:

(1)

Any animal described in California Fish and Game Code Sections 2116 and 2118, or in any addition to Fish and Game Code Section 2118 by regulation of the Fish and Game Commission as provided for in those sections;

(2)

Any animal not normally kept as a domesticated animal or household pet, including, but not limited to, alligators, crocodiles, lions, monkeys and tigers;

(3)

Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means;

(4)

Any hybrid animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the State;

(5)

A potentially dangerous or vicious animal over which the owner has evidenced a failure to maintain control.

No person shall own, have, keep or maintain in the City any wild, exotic, or nondomestic animal or reptile, unless in conformance with the requirements of Chapter 1 of Title 6 of The Fowler Municipal Code - Animal Regulations.

(Ord. No. 2011-06, § 2, 11-1-2011; Ord. No. 2015-03, § 1, 5-19-2015; Ord. No. 2021-06, § 1, 12-7-2021; Ord. No. 2022-08, § 1, 10-4-2022)

"Base" districts establish primary land use and property development regulations. "Overlay" districts provide additional regulations over certain lands to meet special environmental or development objectives. Overlay district regulations apply in addition to the base zone regulations. Base and overlay districts established by the zoning ordinance are:

RCO (Resource Conservation, Public Use, and Open Space District)

UR (Urban Reserve)

R (One-Family Residential Districts)

RM (Multi-Family Residential Districts)

P (Parking)

C-1 (Neighborhood Commercial)

C-2 (Community Commercial)

C-3 (General Commercial)

C-H (Highway Commercial)

M-1 (Light Industrial)

M-2 (Heavy Industrial)

PUD (Planned Unit Development Overlay District)

Form-Based Code Area

Precise Plan Overlay District

HB Overlay District

The zoning map is attached hereto and made a part of this ordinance with the same force and effect as if the boundaries and information shown on the map were set out and described in this code. This map, together with any additional maps that may be adopted in accordance with this ordinance, shall be known as the Zoning Map of the City of Fowler.

Changes in classification of zones and boundaries of zones may be made by:

A.

Adoption of an amended zoning map showing the change thereon, in the manner provided for amendment of this chapter; or

B.

Amendments to the text of this chapter without amending the zoning map.

Whenever any uncertainty exists as to the boundary of any zone district, the following regulations shall control:

A.

Where a boundary line is indicated as following a street, alley, railroad right-of-way, drainage channel or other watercourse, the centerline of such street, alley, railroad right-of-way, drainage channel or other watercourse shall be considered to be the boundary line.

B.

Where a boundary line is indicated as following an approximate lot line or property line, it shall be construed as following such lot line or property ownership line.

C.

Where a boundary line is not indicated as following a street, alley, or railroad right-of-way, and does not coincide approximately with a lot line or property ownership line, the boundary line shall be determined by the use of the scale designated on the zoning map.

D.

Where further uncertainty exists, the Commission, upon written application or on its own motion, shall determine the location of the boundary, giving due consideration to the zoning map and the objectives and purposes set forth in the district regulations and the General Plan.

E.

If any land is not shown on the zoning map as within a zone, it shall be deemed to be within the UR zone until otherwise zoned as provided herein.

Except as otherwise provided in this code:

A.

No structure or part thereof shall be erected or altered, nor shall any site or structure be used in any manner other than is included among the uses listed as permitted or conditional in the district in which such structure or site is located.

B.

No structure or part thereof shall be erected, altered, rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity with the yard, site area and building location regulations in the district in which such structure or open space is located.

C.

No lot area shall be so reduced so that the yards, open space, buildable area or lot area shall be smaller than prescribed by this chapter; nor shall the density of population be increased except in conformity with this chapter.

D.

No yard or other open space around any building shall be considered as providing the required yard, open space or buildable area for any other building; no yard or open space on any adjoining lot shall be considered as providing a yard, open space or buildable area or lot area on any other lot.

E.

Every required yard shall be open and unobstructed from the ground to the sky, except as otherwise provided in this chapter.

F.

Two (2) or more abutting lots of record may not be combined and used as though a single site except through the lot line adjustment or merger provisions of the Subdivision Map Act.

G.

A lot, or lots, may be divided into parts, provided that each part is equal to or exceeds the minimum lot area requirements of the code, and so long as such parts are used as though separate lots they shall be deemed to be separate lots under all provisions of this code.

H.

No deed or conveyance of any portion of a site shall be made that reduces the site area, yards, off-street parking spaces or other minimum requirements of this code, without the prospective grantor and grantee first recording, in the Office of the Fresno County Recorder, a covenant for the benefit of the City of Fowler agreeing that such site shall continue to be maintained, operated and used as though a single site so long as any part thereof depends on the other for compliance with the provisions of this code.

A.

Applications for annexation shall be accompanied by an application to pre-zone the area to districts consistent with the General Plan. Public hearings on the pre-zoning shall be held in the same manner prescribed for rezoning property.

B.

Pre-zone districts shall become effective upon annexation. If the annexation is not recorded and terminates subject to provisions of the Fresno LAFCO, the pre-zoning shall be null and void.

C.

Fresno County zoning for inhabited territory annexed to the City may be retained if such zoning is also provided for by this code and is consistent with the General Plan. In the event of an inconsistency, pre-zoning shall be required as stipulated in A., above.

D.

A conditional use permit, variance, or other entitlement considered valid by Fresno County at the time of annexation shall be retained and administered by the City.

E.

Concurrent with the pre-zoning request, conditional uses, variances, and uses approved by administrative approval consistent with the pre-zoning may also be considered, to become effective upon annexation.

F.

Territory that becomes "un-zoned" through abandonment of a public street, classified the same as the property adjoining on either side of the center line of such street, alley, or railroad right-of-way.

A.

Zoning districts shall be applied to all public and private property in a manner consistent with policies and land use arrangements set forth in the General Plan. Zoning consistent with adopted plan designations shall be as shown on the following Planning and Zoning Consistency Table.

B.

All actions and procedures pertaining to the granting or denial of various permits or other entitlements shall be consistent with applicable policies set forth in the General Plan.

C.

Where uncertainty exists concerning how best to achieve consistency with the General Plan, the Commission shall make a written determination in accordance with the procedures prescribed in Section 9-5.21.02.

D.

The overall maximum density of the zone district shall not be exceeded, except when a project meets the requirements of State Density Bonus Law, or when a conditional use permit is approved in the High Density plan designation.

E.

For a rezoning request, the City may require a conceptual site plan or tentative tract map to demonstrate compliance with provisions of this chapter or to protect adjacent land uses from impacts of the proposed use.

Planning and Zoning Consistency Table

¹ 22 or more units/acre may be allowed subject to a conditional use permit.

This chapter governs requirements for making applications, giving notice, conducting hearings and exercising rights granted by various permits issued under this chapter. The provisions of this chapter are directory only, and failure to follow the procedural requirements set forth herein shall not invalidate any action taken in the absence of a clear showing of prejudice.

A.

The Commission shall hear and decide the following:

1.

Conditional use permits;

2.

Variances;

3.

Site Plan Review when referred to the Commission by the Director;

4.

Appeals from administrative acts where it is alleged by the appellant that there is an error in requirements, permits, or determinations made by an administrative official.

B.

In the above matters, the decision of the Commission may be appealed to the Council according to the provisions of Section 9-5.418.

C.

The decision of the Commission shall be final if no appeal is filed within the time allotted for such appeal. If an appeal is filed, the decision of the Commission shall be stayed pending determination of the appeal or its withdrawal by the appellant.

D.

Until the decision of the Commission or Council has become final, no permit or license shall be issued for any use dependent on the appealed matter.

A.

All applications for entitlements shall be filed in the planning office on forms provided by the City.

B.

An application related to a specific property may be made by the owner of the property or by a lessee or an agent with the written consent of the owner.

C.

The Council or Commission may initiate an application for any entitlement provided for in this chapter.

A.

The Council by resolution shall establish or change the filing fees for entitlements requested pursuant to this chapter. Filing fees shall be for the purpose of defraying, in part, the expense of staff, posting, public hearings or other costs incidental to the proceedings.

B.

Applicants who appeal decisions of the Commission to the Council shall be charged an appropriate fee as determined by the Council to cover costs of the appeal process.

A.

If an application for zoning has been denied by the Council, or if an application for a conditional use permit has been denied by the Commission or Council, no new application for substantially the same zoning or conditional use permit shall be resubmitted for a period of one (1) year from the effective date of the final denial unless the Commission or Council, for good cause, specifically grants permission to do so.

B.

An application for the same variance, once denied, may not be resubmitted unless the Commission or Council, for good cause, specifically grants permission to do so.

C.

An application for the same use permitted by administrative approval, once denied, may not be resubmitted unless the Commission or Council, for good cause, specifically grants permission to do so.

D.

The Commission or the Council may initiate a resubmittal for any entitlement provided for in this chapter without restriction by this section.

A.

Except as provided in Section 9-5.407, when a public hearing is required to consider a pre-zoning, rezoning, use permit, or variance, or whenever a provision of this chapter so requires by reference to this section, notice shall be given at least ten (10) days prior to the scheduled hearing by at least one (1) publication thereof in a newspaper of general circulation within the City.

B.

Written notice shall be mailed or delivered at least ten (10) days prior to the hearing to the applicant, if any, and to all persons, businesses or other public or private entities shown on the last equalized assessment roll as owning real property within three hundred (300) feet and to the occupants of any property within one hundred (100) feet of the property that is the subject of the application or who have requested notice in writing.

Whenever notice of a hearing under Section 9-5.406 would result in mailed notice to more than two hundred fifty (250) persons, notice may be given by a display advertisement of at least one-eighth (⅛) page in a newspaper of general circulation within the area affected by the proposal at least ten (10) days prior to the scheduled hearing. Notice given under this section shall be in lieu of the notice required by Section 9-5.406.

Notice given under this chapter shall include the following to the extent applicable:

A.

The date, time and place of the hearing;

B.

A general description and/or map of property involved in the proceedings;

C.

A general description of the matter to be considered, including action to be taken;

D.

The environmental determination that has been made of the application;

E.

Appeals or requests for review that may be made;

F.

A statement that any person may appear and be heard;

G.

A statement that any person who challenges the action taken in court may be limited to raising only those issues that person or someone else raised at the public hearing or submitted to the hearing body, in writing, prior to or at the public hearing.

Whenever notice is required to be given by mail, notice shall be deemed given when deposited in the United States mail, postage prepaid and addressed to the intended recipient at the address shown on the latest equalized assessment roll.

Failure of any person to receive notice required to be given by this chapter shall not affect the validity of the hearing or any action taken.

Written findings of fact supporting the decision of the Commission or Council shall be prepared for all decisions on applications for use permits, variances, and any other final decision that constitutes a quasi-judicial determination when requested by any interested party at or before the close of the hearing or within a specific review period.

A.

A decision not requiring adoption of findings of fact shall be final when made. A decision requiring adoption of findings of fact shall be final when the findings of fact are adopted.

B.

All decisions made pursuant to this chapter shall become effective upon the eleventh day after the decision is final, unless an appeal or other request for review is made in a timely manner, as provided in this chapter.

No permit, certificate or other entitlement shall be issued or exercised while such permit, certificate or other entitlement is the subject of a hearing then pending or of an appeal or other request for review of the decision granting the permit, certificate or entitlement.

A.

All rights granted by a use permit, variance, or administrative approval shall expire and the permit, variance, or approval shall be null and void if not exercised within the time specified in the approval or, if no time is specified, within one (1) year of the effective date of approval.

B.

A right granted by a use permit, variance, or administrative approval requiring a building permit shall be deemed exercised when the permit has been secured, continuous on-site construction has commenced such as pouring a foundation, installation of utilities or other similar improvements, and the construction is being diligently pursued. Grading does not constitute construction activity.

C.

A right not requiring a building permit shall be deemed exercised when the activity permitted has commenced to the extent authorized.

Upon a showing of good cause by the applicant prior to expiration of the approval of the use permit, variance, or administrative approval, the Commission may grant an extension of time within which to exercise the rights granted.

Any use permit, variance, or administrative approval shall expire and become null and void when the use permitted by the use permit or variance is discontinued for a continuous period of one (1) year. The non-renewal of a business license establishes a presumption that the activity for which it was issued has been discontinued.

A.

Any use permit, variance, or administrative approval granted pursuant to this chapter may be revoked.

1.

If any of the conditions of such permit are violated; or

2.

If the use or its operation violates any applicable provision of the Fowler Municipal Code, or any state or federal law; or

3.

If in granting the permit, information was considered that was materially erroneous or misleading, regardless of fault; or

4.

If the use is conducted so as to be detrimental to the public health, safety or welfare, or so as to be a nuisance.

B.

The Commission shall hold a hearing on a proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing. If the Commission finds that any one (1) of the grounds listed above exists, the Commission may revoke the permit, and order the cessation of any use and may further order the removal of any structure thereof that has been permitted by said permit. The decision of the Commission to revoke a permit may be appealed to the Council.

C.

The Commission may determine that there are grounds for the modification of the permit if the grounds that would otherwise justify a revocation can be corrected or cured by a modification imposing new or additional conditions. The decision of the Commission to modify a permit may be appealed to the Council.

A.

Any person aggrieved by a final decision of the Commission may appeal the decision in writing to the Council within ten (10) days of the date the decision is final.

B.

The written appeal shall contain specific reasons for the appeal, including areas in that it is believed the Commission erred in its judgment or did not follow procedures as outlined in this chapter.

A.

Within fifteen (15) days of the date an action by the Commission is final and, in the absence of an appeal being filed, the Council may, on its own motion, order a review of the action by the Council.

B.

The Council may determine by resolution that the public interest and welfare require a further hearing and order a hearing to be conducted by the Council at a time fixed in the resolution. The time fixed for the hearing shall be within forty (40) days after the Commission's decision was filed with the City Clerk. Notice of such hearing shall be given in the manner set forth in this chapter.

C.

At its hearing, the Council may affirm, modify or reverse the Commission's decision.

The official zoning map may be amended in the manner prescribed herein by changing the boundaries of the districts whenever necessary or convenient to the public health, safety and general welfare.

A.

The Commission shall hold a public hearing on a proposed rezoning or text amendment.

B.

Following the hearing, the Commission shall by resolution make a recommendation to the Council.

A.

Upon receipt of a recommendation from the Commission, the Council shall hold a public hearing on a proposed rezoning or text amendment.

B.

Following the hearing, the Council may approve or modify the proposed rezoning or amendment to the text of this chapter by adoption of an ordinance, or the Council may disapprove the proposal. Any substantial modification proposed by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for its recommendation. Failure of the Commission to report within forty-five (45) days after the referral, or within a time specified by the Council, shall be deemed a recommendation for approval.

C.

The provisions of this section relating to the conduct of a hearing, including noticing, and a recommendation from the Commission, shall not apply to rezonings adopted by emergency ordinance of the Fowler Municipal Code.

The Commission may recommend, and the Council may approve a rezoning with conditions as it finds are reasonably related to the proposal and are necessary or convenient to achieve the purposes of this chapter and the General Plan.

A.

An occupancy use permit shall be duly issued for such use or purpose prior to:

1.

The initial occupancy or use of any new building or structure, or of a building or structure moved to a new site, or of new floor space or other addition to an existing building; or

2.

The change of type or class of use of an existing building; or

3.

A change of use of any unimproved premises, except to a use involving only the tilling of land or growing thereon of farm, garden or orchard products.

The district is intended to provide for permanent open spaces in areas of the community designated as open space, school, ponding basin, or public facility by the General Plan.

All uses shall be subject to the provisions of Article 21.

A.

Any type of field, truck, or orchard crop and horticultural specialties, and the raising of farm animals. The keeping of pigeons shall be in accordance with the definition of "Pigeon" contained in Section 9-5.202 of Article 2 of the Fowler Zoning Ordinance, not to exceed fifty (50) in number.

B.

Flood control facilities; water pump stations; irrigation canals; settling and water conservation recharge basins; drainage ponds; and streets and roads necessary for access to permitted uses.

C.

Parks, playgrounds, and such buildings, structures and facilities as are appropriately related thereto.

D.

Public and private elementary, junior high and high school sites, and college sites.

E.

Public uses of an administrative, public service, or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, police and fire stations, and other public buildings, structures, and facilities; community centers.

F.

The keeping of pigeons, in accordance with the provisions of Section 9-5.202 of Article 2 of the Fowler Zoning Ordinance, not to exceed fifty (50) in number.

(Ord. No. 2011-06, § 3, 11-1-2011)

A.

Incidental and accessory structures, including caretakers' residences and uses located on the same site as a use permitted by administrative approval or conditional use.

B.

Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than $100.00, and nonconforming fences, walls, and hedges.

Expansion or remodeling to a conditional use that is not considered an incidental or accessory use.

No limitation.

The minimum site area for a permitted use shall be one-half (½) acre.

No limitation.

No limitation.

No limitation.

The minimum distance between a one-family dwelling and another structure shall be ten (10) feet.

No building or structure shall have a height greater than thirty-five (35) feet, except as may be approved under the provisions of Article 27.

No signs shall be permitted except as prescribed in Article 22.

Off-street parking facilities and off-street loading facilities shall be provided on the site for each use as prescribed in Article 20.

Any structure in a RCO zone in which animals or fowl are contained shall be at least two hundred (200) feet from any lot in any R, RM, or C district, or from any school or institution for human care.

Site Plan Review shall be required for permitted recreation areas, parks and playgrounds, and all administrative and conditional uses pursuant to the provisions of Article 26.

A.

The R Districts are intended primarily to provide living areas at locations designated by the General Plan for Low, Medium Low, and Medium Density, involving single-family dwellings, with regulations designed to accomplish the following:

1.

To promote and encourage a suitable environment for family life.

2.

To provide space for community facilities needed to complement urban residential areas, and for institutions that require a residential environment in accordance with policies of the General Plan and State Law.

B.

To provide for the location of a limited number of two- and three-family dwelling units within certain predominantly single-family areas.

All uses shall be subject to the provisions of Article 21.

A.

One-family dwellings, consisting of not more than one (1) such one-family dwelling per lot.

B.

Accessory structures, located on the same site with a permitted use. See Article 21.

C.

Field, truck, or orchard crops and horticultural specialties, and the raising of livestock, but excluding any structure for the sale of any product, commercial greenhouses, and commercial farming buildings.

D.

Household pets limited to a maximum of four (4) in any combination.

E.

Renting rooms and boarding, provided that not more than two (2) rooms in a dwelling are rented to not more than a total of six (6) persons.

F.

Home occupations subject to the provision of Article 21.

G.

A use legally operating on the effective date of the amendment to the zoning ordinance and no longer listed as "permitted" within the affected district.

H.

Vehicle parking for personal transportation by occupants, their guests and employees, located on the same site; in no case shall a commercial vehicle exceed a weight of six thousand (6,000) pounds.

I.

Swimming pools used solely by persons residing on the site and their guests, provided that no swimming pool shall be located in a required front or side yard; and further provided that all fencing comply with the California Building Code or City standards.

J.

Secondary residential units, subject to the requirements of Article 21.

K.

Small family day care home for up to eight (8) children as defined by Section 1597.44 of the Health and Safety Code.

L.

Supportive housing.

M.

Transitional housing.

(Ord. No. 2011-06, § 5, 11-1-2011; Ord. No. 2015-03, § 2, 5-19-2015)

The following uses shall be permitted, subject to the provisions of Article 24:

A.

Enclosed temporary construction materials storage yards required for development of a subdivision.

B.

Gas and electric transmission lines, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.

C.

Manufactured homes on permanent foundations, subject to the provisions of Article 21.

D.

Single-family dwellings when all street improvements are not yet completed.

E.

Temporary subdivision sales offices, signs, and model homes.

F.

Twenty-four-hour care facilities for foster homes, for a maximum of six (6) individuals in addition to the residing family.

G.

Large family day care home for up to fourteen (14) children as defined by Section 1597.465 of the Health and Safety Code.

H.

Tennis courts, including related fencing over seven (7) feet in height located on the same site as a permitted or conditional use.

I.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use permit.

J.

Expansion or remodeling of an existing nonconforming use of a structure or land, limited to fifty (50) percent or less of the value of existing structures, or re-establishment of a nonconforming use that has been damaged, except nonconforming signs and advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than $100.00, and nonconforming fences, walls, and hedges.

K.

Garage or carport conversions subject to Article 21.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

Public and quasi-public uses of an educational or religious type including schools, nursery schools, private non-profit schools and colleges, churches, and other religious institutions.

B.

Public and private charitable institutions, hospitals, nursing homes, including a state authorized, certified or licensed family care home, foster home or group home serving six (6) or fewer mentally disordered or otherwise handicapped persons, including rehabilitation homes for alcoholics and drug addicts, or dependent and neglected children, where such homes provide care on a twenty-four-hour basis.

C.

Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks, and community centers.

D.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use.

E.

Planned Unit Developments subject to provisions of Article 28.

F.

Duplexes on corner lots.

G.

Bed and breakfast, subject to the provisions of Article 21.

H.

Country clubs and golf courses.

I.

A second dwelling unit on lots of thirty thousand (30,000) square feet or larger in size. The second dwelling unit shall be subject to all provisions of the underlying zone district, including but not limited to, cumulative lot coverage, space between buildings, parking, and setbacks.

J.

Swimming pools within the required front or side yard.

K.

Day care center.

L.

Senior citizen residential developments.

Fences, walls, and hedges shall be permitted in accordance with the provisions of Chapter 9-5.21 of this ordinance.

The minimum site area shall be as follows:

A.

Lots of record as of the date of the adoption of the ordinance codified in this chapter: no minimum requirement.

B.

Lots of record in any future annexation to the City, and that was not in violation of any county ordinance regulating subdivisions in effect at the time of such annexation: no minimum requirement.

C.

All other lots:

Not more than one (1) dwelling unit shall be allowed on each site, except as provided in Section 9-5.705.I, above and under Article 21.

The maximum site area covered by any and all structures shall be forty (40) percent.

No main building or structure shall have a height greater than two (2) stories or thirty-five (35) feet, except as may be allowed under provisions of Article 27.

No sign shall be permitted except as prescribed in Article 22.

Two (2) off-street parking spaces shall be provided for each dwelling, one (1) of which shall be enclosed in a garage.

No through lots shall be created after the effective date of this ordinance.

Each site shall have not less than sixty (60) feet of frontage on a public street except that those sites that front on a cul-de-sac or loop-out street may have a frontage of not less than fifty (50) feet provided the width of the site, as measured along the front yard setback line, is at least sixty (60) feet.

The minimum width of each site shall be:

The minimum depth of each site shall be:

Lots facing on major or secondary roadways shall include an on-site turn-around.

A.

The following minimum yards shall apply:

B.

On cul-de-sac lots where the side lot line is perpendicular to the main axis of the street, the minimum front yard shall be no less than fifteen (15) feet along the curved portions of the right-of-way, with an average of twenty-foot setbacks.

C.

On a site between sites improved with buildings where said buildings are set back less than the minimum distance required by this section, the minimum front yard shall be the average depth of the front yards on the improved sites immediately adjoining the side lines of the site.

D.

Non-public utility mechanical equipment shall not be located in the required front yard.

E.

Any mechanical equipment, diving boards, or pool slides, shall not be located less than five (5) feet from an adjoining side or rear property line. This does not apply to fireplaces, fixed pool equipment such as pumps and filters or structures determined to be similar by the Director.

F.

For cul-de-sac lots, the side yard shall be determined by the lot width measured at the front setback line.

G.

Where construction involves more than one (1) story, the minimum five-foot side yard shall be increased by three (3) feet for each additional story provided, however, that the side yard on the street side of a corner lot, that is not a reverse corner lot, need not be greater than five (5) feet.

H.

Garages or carports on the street side yard of a corner lot shall be set back twenty (20) feet from the property line. In all other cases, the garage or carport shall be set back a minimum of twenty (20) feet from the front property line. Where a garage or carport is located with access from an alley, it shall be set back a minimum of ten (10) feet from the alley right-of-way.

I.

All required yards shall be landscaped, except where the required yard is:

1.

Occupied by a sidewalk or driveway; or

2.

Screened from public view by a wall or fence of at least six (6) feet in height.

J.

Where front and corner lot yards are required to be landscaped, medium-sized trees shall be planted at intervals of one (1) per every thirty (30) linear feet of parcel frontage. Yards less than five (5) feet in depth are exempt.

K.

Impervious surfaces in the front or corner lot yard shall be limited to walkways and driveways leading to covered carports, garages, or RV parking locations pursuant to FMC Section 9-5.2004. Exceptions may be allowed subject to Administrative Approval.

(Ord. No. 2020-06, § 2, 11-17-2020; Ord. No. 2022-08, § 2, 10-4-2022)

Single-family residential projects shall be subject to the design review provisions of Article 16.

The RM Multi-Family Residential Districts are intended primarily for the development of multi-family residential structures at densities consistent with policies of the General Plan as follows.

All uses shall be subject to the provisions of Article 21.

A.

Any use permitted in the R zones.

B.

Multi-family dwellings.

C.

Accessory structures, located on the same site with a permitted use. See Article 21.

D.

Enclosed swimming pools for either non-commercial individual or communal use, including fencing in conformance with the California Building Code or City standards.

E.

Vehicle parking for personal transportation by occupants, their guests and employees, located on the same site; in no case shall a commercial vehicle exceed a weight of six thousand (6,000) pounds.

F.

Small family day care home for up to eight (8) children as defined by Section 1597.44 of the Health and Safety Code.

G.

Supportive housing.

H.

Transitional housing.

(Ord. No. 2015-03, § 3, 5-19-2015)

The following uses shall be permitted, subject to the procedures prescribed in Article 24:

A.

Enclosed temporary construction materials storage yards.

B.

Gas and electric transmission lines, electrical transmission and distribution substations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.

C.

Rest homes and nursing homes; boarding or rooming houses.

D.

Twenty-four hour care facilities for foster homes, for a maximum of six (6) individuals in addition to the residing family.

E.

Private clubs and lodges.

F.

Manufactured homes on permanent foundations.

G.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use.

H.

Expansion or remodeling of an existing nonconforming use of a structure or land, limited to fifty (50) percent or less of the value of existing structures, or re-establishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than $100.00, and nonconforming fences, walls and hedges.

I.

Garage or carport conversions subject to Article 21.

J.

Large family day care home for up to fourteen (14) children as defined by Section 1597.465 of the Health and Safety Code.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

Public and quasi-public uses of an educational or religious type including schools, nursery schools, private non-profit schools and colleges, churches, parsonages, and other religious institutions.

B.

Public and private charitable institutions, hospitals, sanitariums, nursing homes, including a state-authorized, certified or licensed family care home or group home serving six (6) or fewer mentally disordered or otherwise handicapped persons, including rehabilitation homes for alcoholics and drug addicts, or dependent and neglected children, where such homes provide care on a twenty-four-hour basis.

C.

Public uses of an administrative, public service, or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

D.

Mobile home parks, in accordance with the provisions of Article 21.

E.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use.

F.

Private clubs and lodges.

G.

Bed and breakfast inns.

H.

Senior citizen residential developments.

I.

Planned Unit Development subject to provisions of Article 28.

J.

Over 21.78 units/gross acre in the RM-3 district.

K.

Day care center.

Fences, walls, and hedges shall be permitted in accordance with the provisions of Article 21.

A.

The minimum area of a lot shall be seven thousand (7,000) square feet; provided, however, that there shall be no minimum lot area requirement in the following cases:

1.

Lots of record as of the date of adoption of this ordinance.

2.

Lots annexed to the City, of record at the time of such annexation, and that were not in violation of any county ordinance regulating subdivisions in effect at the time of annexation.

A.

The minimum site area per dwelling unit shall be:

B.

Where a nonconforming lot in the RM district contains less than four thousand (4,000) square feet, said lot shall be used for no more than one (1) dwelling unit.

A.

Each site shall have not less than fifty (50) feet of frontage on a public street, except that those sites that front on a cul-de-sac may have a frontage of not less than fifty (50) feet provided that the width of the site as measured along the front yard setback line is at least fifty (50) feet. The minimum width of each site shall be fifty (50) feet. The minimum depth of each site shall be one hundred (100) feet.

B.

In order to encourage consolidation of narrow and odd shaped parcels into contemporary building sites, a depth to width ratio exceeding two and one-half to one (2½:1) may be cause for site plan disapproval.

A.

The maximum site area covered by structures shall not exceed fifty-five (55) percent.

A.

Front Yard. The minimum front yard shall be fifteen (15) feet. Any mechanical equipment, including fixed pool equipment such as pumps, filters, diving boards and slides, shall not be located within the front yard or less than five (5) feet from an adjoining side property line.

B.

Rear Yard. The minimum rear yard shall be ten (10) feet. Where construction involves more than one (1) story, the rear yard shall be increased by three (3) feet for each additional story. Where the site abuts an R District, the rear yard shall be increased by ten (10) feet for each additional story.

C.

Side Yards. The minimum side yard shall be five (5) feet, subject to the following conditions:

1.

On a reverse corner lot, the side yard adjoining the street shall be not less than fifteen (15) feet.

2.

On a corner lot, the side yard adjoining a street shall be not less than ten (10) feet.

3.

The side yard shall be increased by three (3) feet for each additional story over one (1) story; provided, however, that the side yard on the street side of a corner lot need not be greater than five (5) feet.

4.

A side yard providing access to more than one (1) unit shall be not less than ten (10) feet.

A.

Minimum distances between buildings used for human habitation shall be:

1.

Between one-story parallel buildings, front to front, fifteen (15) feet. This distance shall be increased three (3) feet for each story of each building in excess of one story.

2.

Between one-story parallel buildings, rear to rear, ten (10) feet. This distance shall be increased three (3) feet for each story of each building in excess of one (1) story.

3.

Between side walls parallel with the front or rear walls of other buildings, ten (10) feet for one-story buildings. This distance shall be increased by three (3) feet for each story of each building in excess of one (1) story.

4.

Between one-story parallel buildings, side to side, ten (10) feet. This distance shall be increased three (3) feet for each story of each building in excess of one (1) story.

5.

In order to provide for obliquely aligned buildings, the distances specified above may be decreased by five (5) feet at one (1) building corner, if increased by an equal or greater distance at the outer corner.

6.

In no event shall the minimum space between buildings be less than ten (10) feet.

B.

Distances between accessory buildings shall be not less than ten (10) feet.

1.

Distances between buildings used for human habitation and accessory buildings shall be not less than fifteen (15) feet.

2.

Distances between parking areas and the front or entrance of a building shall be not less than fifteen (15) feet unless connected.

No building or structure shall have a height greater than thirty-five (35) feet, except as may be allowed under provisions of Article 27.

No sign shall be permitted except as prescribed in Article 22.

A.

Parking within RM districts shall be provided in accordance with the following schedule:

One-half (½) of the required parking spaces shall be covered.

B.

Guest parking—One (1) space per five (5) dwelling units for multi-family dwellings. Such spaces need not be covered but shall be clearly marked as guest parking.

C.

Housing for the elderly—One (1) space for each dwelling unit, provided that sufficient space shall be set aside for one and one-half (1½) spaces for each dwelling unit in the event of a change of use to non-elderly housing.

To assure adequate access and circulation, frontage on and access to less than two (2) public streets may be cause for site plan disapproval. Public alley access may qualify as one means of access to a public street.

All multi-family developments shall have landscaping including irrigation, plants, and ground cover. Landscape plans shall be approved by the City prior to occupancy.

On each building site there shall be landscaped and usable recreational and leisure areas of at least one hundred (100) square feet per dwelling unit. Said area shall be conveniently located and accessible to each dwelling unit.

A.

In addition to developed open space and recreation areas, the following areas may contribute to required recreational and leisure areas:

1.

Private balconies and patios. Each square foot of balcony and patio space shall count as two (2) square feet of the requirement up to a maximum of fifty (50) square feet.

B.

Fifty (50) percent of the spaces between buildings, exclusive of required yards, provided that such spaces shall have a minimum dimension of ten (10) feet.

C.

Any yard or space between buildings in excess of that required.

No multi-family use may be established until a site plan has been submitted and approved pursuant to the provisions of Article 26.

Residential projects within RM districts shall be subject to the design review provisions of Article 16.

This Off-Street Parking District is intended to provide for permanent improved parking areas.

A.

A public or private parking area, provided:

1.

Such parking area shall be unroofed and for the temporary parking of automobiles, and shall not be used for the regular storage of vehicles or for a car sales area.

2.

Said area shall be designed, improved, and maintained in accordance with Article 20.

B.

Buildings incidental to the operation of a parking lot, not to exceed one hundred (100) square feet in area, to be used for purposes of maintaining the lot and to contain no provisions for residential or commercial use.

C.

Temporary or permanent telephone booths.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

Parking structures.

B.

Within a parking structure, commercial retail uses as permitted in the C-2 zone district shall be permitted on the ground floor.

A.

Residential uses.

B.

Advertising structures (billboards).

The minimum lot area shall be ten thousand (10,000) square feet.

All lots shall have minimum dimensions of fifty (50) feet.

No parking building or structure shall have a height greater seventy-five (75) feet, except as may be allowed under provisions of Article 27.

A.

Front. None.

B.

Side and Rear. No parking building shall be permitted closer than ten (10) feet from any residential district.

No requirements.

No requirements.

A.

A minimum six-foot high decorative masonry wall, or such other height or type of screening as may be required by the City, shall be erected along the property line or district boundary line to separate the "P" District from any residential district.

B.

Street trees and other forms of landscaping may be required under the provisions of Articles 21 and 26.

Access to off-street parking facilities shall be not less than ten (10) feet in width for each direction of vehicular traffic movement and shall be not less than this width from intersecting or intercepting street or alley rights-of-way.

No sign shall be permitted except as prescribed in Article 22.

A site plan shall be submitted and approved pursuant to the provisions of Article 26.

All projects within P Districts shall be subject to the design review provisions of Article 16.

This district is intended primarily for the provision of retail and personal service facilities to satisfy the convenience-goods needs of the consumer relatively close to residential neighborhoods.

All uses shall be subject to the provisions of Article 21.

A.

Retail and service establishments primarily to serve the immediate neighborhood:

1.

Apparel stores;

2.

Art supply stores;

3.

Bakery goods stores;

4.

Banks and other lending agencies;

5.

Barber shops and beauty shops;

6.

Book stores and libraries;

7.

Cafeterias;

8.

Camera shops, photographic supplies, and photography studios;

9.

Candy and confectionery stores;

10.

Carpet stores;

11.

Cleaning agencies (pickup and delivery only);

12.

Cleaning and dyeing shops (retail only, dry cleaning, cleaning clothes in enclosed machines, non-inflammable cleaning compounds);

13.

Clinics (medical);

14.

Dairy products sales stores;

15.

Delicatessens;

16.

Drug stores;

17.

Dry goods stores;

18.

Electrical appliance and incidental repair shops;

19.

Florists;

20.

Food lockers (no slaughtering, handling of dressed meats only);

21.

Garden supply stores and nurseries provided all equipment, supplies, and merchandise, other than plants and mulches, shall be kept within completely enclosed buildings or under a lathed structure and provided, further, that fertilizer of any type shall be stored and sold in packaged form only;

22.

Gift shops;

23.

Grocery stores not exceeding ten thousand (10,000) square feet in area;

24.

Hardware stores;

25.

Hobby supply stores;

26.

Ice dispensers (coin-operated);

27.

Locksmiths;

28.

Newsstands and magazine stores;

29.

Offices;

30.

Parking lots;

31.

Pressing, altering, and repairing of wearing apparel;

32.

Radio and television stores and repair shops;

33.

Restaurants and cafes, including outdoor cafes, but excluding the sale of alcoholic beverages;

34.

Shoe repair shops;

35.

Shoe stores;

36.

Soda fountains;

37.

Stationery stores;

38.

Tailors and dressmakers;

39.

Video rentals and sales;

40.

Variety stores, not exceeding ten thousand (10,000) square feet in area;

41.

Other uses added by the Commission according to the procedure set forth in this article;

42.

Incidental and accessory structures and uses on the same site as a permitted use.

(Ord. No. 2013-01, § 1, 9-3-2013; Ord. No. 2020-06, § 3, 11-17-2020)

The following uses shall be permitted, subject to the provisions of Article 24.

1.

City, County, State, and Federal administrative offices, libraries, and police and fire stations;

2.

Electric transmission lines, electric transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and/or elevated pressure tanks;

3.

Public parks and playgrounds, public and quasi-public uses of an educational or religious type, including public and private elementary, junior and senior high schools, colleges, nursery schools, trade schools, and private;

4.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use;

5.

Sidewalk sales and use of the public right-of-way for the display and sales of merchandise, or for outdoor dining;

6.

Murals subject to Article 21;

7.

Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

(Ord. No. 2013-01, § 2, 9-3-2013)

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

1.

Any use selling or serving alcohol, including liquor stores;

2.

Automobile supply stores, not including repair or service garages;

3.

Book, magazine, and stationery stores;

4.

Bowling alleys;

5.

Churches and other religious institutions;

6.

Convenience stores, with or without gasoline sales;

7.

Drive-through facilities;

8.

Farmer's markets (permanent) including indoor and outdoor facilities;

9.

Grocery stores exceeding 10,000 square feet in area;

10.

Laundromat, coin-operated laundry, and dry cleaning establishments;

11.

Planned Unit Development subject to provisions of Article 28;

12.

Private clubs and lodges;

13.

Residential dwellings over or to the rear of a permitted use provided such dwellings shall be subject to the use, site area, coverage and yard requirements of the RM-3 district;

14.

Service stations, including service stations as part of a convenience store (gasoline), excluding automotive repair services;

15.

Tobacco stores.

(Ord. No. 2013-01, § 3, 9-3-2013; Ord. No. 2020-06, § 4, 11-17-2020)

A.

Where a site adjoins or is located across a street or alley from any residential district, a decorative masonry wall six (6) feet minimum in height, or such other height or type of screening device as may be required by the City shall be located on the property line common to such districts, except in a required front yard.

B.

Open storage of materials and equipment attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six (6) feet minimum in height, except as may be modified under Site Plan Review. Said storage shall not be visible above said fence or wall.

C.

Street trees and other forms of landscaping may be required under the provisions of Articles 21 and 26.

A.

All businesses, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, signs, and public utility stations.

B.

No business dealing in wholesale or used goods or commodities shall be permitted, except in the case of articles taken in trade on sale of new merchandise on the same premises.

C.

No products shall be manufactured unless incident to a permitted use and sold at retail on the same premises.

D.

When any exterior wall of a building faces a street or property classified in any residential district, all exterior walls thereof shall be treated and finished in a similar manner.

E.

When an exterior wall of a building faces abutting property in any residential district, no advertising sign shall be painted or placed on such wall, or on any portion of the lot between the wall and the residential district.

F.

No use shall be permitted and no process, equipment, or materials shall be used that are found by the City to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, dirt, refuse, water-carried waste, noise, vibration, illumination, or unsightliness or to involve any hazard of fire or explosion.

The minimum site area shall be six thousand (6,000) square feet.

Each lot shall have a minimum width of sixty (60) feet and a minimum depth of one hundred (100) feet.

No limitation.

No building shall exceed a height of thirty-five (35) feet, except as may be allowed under provisions of Article 27.

Where a lot or lots in a C-1 zone are located in the same block as, and have a common frontage with, a lot or lots in any residential district, the minimum front yard of such lot or lots in the C-1 zone shall be a minimum of fifteen (15) feet. A minimum of ten (10) feet of the required front yard shall be landscaped.

There shall be no side yard requirement except as follows:

A.

Where a lot abuts on the side of a lot in any residential district, there shall be a side yard of a minimum width of ten (10) feet, which shall be landscaped.

B.

Where the rear of a corner lot abuts on the rear of a lot in any residential district, the side yard on the street side shall have a minimum width the same as the required side yard of such abutting lot in said residential district and shall be landscaped.

C.

Where the rear of a reversed corner lot abuts a lot in any residential district, the side yard on the street side of such reversed corner lot shall be a minimum of fifteen (15) feet and shall be landscaped.

There shall be no rear yard requirement except as follows:

A.

Where a lot abuts a lot in any residential district, a landscaped rear yard of a minimum of ten (10) feet shall be provided.

The minimum distance between a dwelling unit and another structure shall be ten (10) feet.

Off-street parking facilities and off-street loading facilities shall be provided on the site for each use as prescribed in Article 20.

No sign shall be provided except as prescribed in Article 22.

No use may be established until a site plan has been submitted and approved pursuant to the provisions of Article 26.

Commercial projects within the C-1 district shall be subject to the design review provisions of Article 16.

The Community Commercial District is to be applied to the community commercial areas of the City, as may be designated by the General Plan. These areas constitute the primary commercial districts of the community where a wide range of retail, financial, governmental, professional, business service, and entertainment activities and uses are encouraged to concentrate several neighborhoods.

All uses shall be subject to the provisions of Article 21.

A.

Any use permitted in the C-1 District.

B.

Parking lots improved to standards prescribed for required off-street parking in Article 20.

C.

Professional, commercial, medical and governmental offices and clinics.

D.

Retail stores and service establishments, including:

1.

Antique stores;

2.

Art and craft schools and colleges, art galleries, art supply stores;

3.

Auction rooms;

4.

Automobile detailing, hand car wash within an enclosed building;

5.

Automobile supply stores;

6.

Bakeries, retail and wholesale;

7.

Bicycle shops;

8.

Business, professional, and trade schools and colleges;

9.

Camera shops and photography studios;

10.

Candy and confectionery stores;

11.

Clothing and costume rental establishments;

12.

Copying, blueprint, and printing services;

13.

Dairy product stores;

14.

Department stores;

15.

Drapery and interior decorating shops;

16.

Drug stores;

17.

Dry goods stores;

18.

Electrical appliance and incidental repair shops;

19.

Florists;

20.

Furniture and home furnishing stores;

21.

Garden supply stores and nurseries, provided that all equipment and merchandise, other than plants, shall be kept within a completely enclosed building or under a lathed structure, and further provided that fertilizer shall be stored and sold in packaged form only;

22.

Gift shops;

23.

Gymnasium and health studios;

24.

Hardware stores;

25.

Health food stores;

26.

Hobby supply stores;

27.

Ice dispensers (coin operated);

28.

Jewelry stores, including clock and watch repairing;

29.

Leather goods and luggage stores;

30.

Locksmith;

31.

Medical and orthopedic appliance stores;

32.

Music stores, music and dance studios;

33.

Newspaper publishing;

34.

Newsstands and magazine stores;

35.

Office and business machine stores;

36.

Paint and wallpaper stores;

37.

Pawn shops;

38.

Pet stores and pet grooming, but not including boarding of pets;

39.

Picture framing shops;

40.

Post offices, public and private;

41.

Non-profit charitable institutions;

42.

Radio and television broadcasting studios;

43.

Restaurants, including drive-in restaurants, cafes, and outdoor cafes;

44.

Scientific instrument stores;

45.

Shoe stores and shoe repair shops;

46.

Sporting goods stores, including incidental boat sales and sporting equipment repair;

47.

Stamp and coin stores;

48.

Stationery stores;

49.

Storage buildings incidental to a permitted use;

50.

Tailor and dressmaking shops, including pressing, altering, and repairing;

51.

Thrift shop;

52.

Toy stores;

53.

Tire sales;

54.

Trophy shops;

55.

Variety stores;

56.

Veterinarian offices and small animal clinics including short-term boarding of animals provided that all operations are conducted within an enclosed structure that complies with specifications of soundproof construction prescribed by the California Building Code;

57.

Wedding chapels;

58.

Incidental and accessory structures and uses located on the same site as a permitted use.

(Ord. No. 2013-01, § 4, 9-3-2013)

The following uses shall be permitted, subject to the provisions of Article 24:

A.

City, County, State, and Federal administrative offices, community buildings, libraries, and police and fire stations;

B.

Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

C.

Rental equipment, including trailers, trucks, and cars;

D.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

E.

Sidewalk sales and use of the public right-of-way for the display and sales of merchandise, or for outdoor dining;

F.

Murals subject to Article 21;

G.

Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

A.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

1.

Any use selling or serving alcohol, including liquor stores;

2.

Automobile repair;

3.

Automobile sales, new and used, including repair within an enclosed building;

4.

Arcades;

5.

Automated car wash, including use of mechanical conveyors, blowers, and steam cleaning;

6.

Bars, cocktail lounges, and nightclubs;

7.

Billiards and pool rooms;

8.

Boat sales and service;

9.

Book, magazine, and stationery stores;

10.

Bowling alleys;

11.

Bus depots and transit stations, provided that no transit vehicle storage, maintenance, or repair shall be conducted on the site;

12.

Card rooms;

13.

Churches and other religious institutions;

14.

Coin-operated self-service car wash;

15.

Convenience stores, with or without gasoline sales;

16.

Dance halls, social halls, and banquet facilities;

17.

Day care center;

18.

Drive through facilities;

19.

Farmer's markets (permanent) including indoor and outdoor facilities;

20.

Funeral homes;

21.

Gunsmith shop;

22.

Hotels and motels;

23.

Laundromat, coin-operated laundry, and dry cleaning establishments;

24.

Massage and physical culture studios;

25.

Meeting halls, private clubs and lodges;

26.

Mini-storage facilities;

27.

Motorcycle sales and service;

28.

Planned Unit Development subject to provisions of Article 28;

29.

Recycling collection facilities (see Article 2 for definition and standards);

30.

Residential dwellings over or to the rear of a permitted use provided such dwellings shall be subject to the use, site area, coverage and yard requirements of the RM-3 district;

31.

Service stations;

32.

Smoking bars and hookah lounges;

33.

Sports arenas within buildings;

34.

Theaters and auditoriums;

35.

Tobacco shops;

36.

Travel trailer and motor home sales, rentals, and service;

37.

Wholesale establishments.

(Ord. No. 2013-01, § 5, 9-3-2013)

A.

Where a site adjoins or is located across a street or alley from any residential district, a decorative masonry wall six (6) feet minimum in height, or such other height or type of screening device as may be required by the City shall be located on the property line common to such districts, except in a required front yard.

B.

Open storage of materials and equipment attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six (6) feet minimum in height, except as may be modified under Site Plan Review. Said storage shall not be visible above said fence or wall.

C.

Street trees and other forms of landscaping may be required under the provisions of Articles 21 and 26.

A.

All businesses, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, signs, and public utility stations.

B.

No manufacturing or processing of any article or commodity shall be permitted except as follows:

1.

Only where incidental to a permitted use;

2.

Only where sold at retail on the premises; and

3.

Only where not more than five (5) persons are engaged in such manufacturing or processing.

C.

Wholesale sales and services shall not be conducted.

D.

No use shall be permitted and no process, equipment, or materials shall be used that are found by the City to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, refuse, water-carried waste, noise, vibration, glare, or unsightliness or to involve any hazard of fire or explosion.

E.

When an exterior wall of a building faces abutting property in any residential district, no advertising sign shall be painted or placed on such wall, or on any portion of the lot between the wall and the residential district.

There shall be no minimum site area subject to the following exception:

A.

In the case of buildings erected or structures altered after the date of passage of this ordinance, for purposes of residence or human habitation (such as hotels and apartment hotels), there shall be a lot area of not less than eight hundred (800) square feet per family; provided, however, that this regulation shall not apply to hotels or apartment hotels, if no cooking is done in any individual room, suite, or apartment.

No limitation.

No limitation.

No building shall exceed a height of fifty (50) feet, except as may be allowed under provisions of Article 27.

Where a lot in a C-2 zone is located in the same block as, and has a common frontage with, a lot in any residential district, the minimum front yard depth of the lot in the C-2 zone shall be a minimum of fifteen (15) feet, or which a minimum of ten (10) feet shall be landscaped.

There shall be no side yard requirement except as follows:

A.

Where a lot abuts upon the side of a lot in any residential district, there shall be a side yard of a minimum width of ten (10) feet, which shall be landscaped.

B.

Where the rear of a corner lot abuts upon the rear of a lot in any residential district, the side yard on the street side shall have a minimum width the same as the required side yard of such abutting lot in said residential district, which shall be landscaped.

C.

Where the rear of a reversed corner lot abuts upon a lot in any residential district, the side yard on the street side of such reversed corner lot shall be a minimum of fifteen (15) feet and shall be landscaped.

There shall be no rear yard requirement except as follows:

A.

Where a lot abuts a lot in any residential district, a landscaped rear yard of a minimum of ten (10) feet provided.

The minimum distance between a dwelling and another structure shall be ten (10) feet.

Off-street parking facilities and off-street loading facilities shall be provided on the site for each use as prescribed in Article 20.

No sign shall be provided except as prescribed in Article 22.

No use may be established until a site plan has been submitted and approved pursuant to the provisions of Article 26.

Commercial projects within the C-2 zone district shall be subject to the design review provisions of Article 16.

This district is intended to provide commercial locations that, due to space requirements or the product or service rendered, are not compatible with and are usually not located within the downtown business district.

All uses shall be subject to the provisions of Article 21.

A.

Retail and service establishments:

1.

Automobile repair;

2.

Auto washes, mechanical and self serve;

3.

Bakeries, retail and wholesale;

4.

Building material sales;

5.

Bowling alleys;

6.

Bottling works;

7.

Bus depots;

8.

Cabinet and carpenter shops;

9.

Canvas shops;

10.

Electrical and motor rebuilding shops;

11.

Electrical distribution substations and communication equipment buildings;

12.

Entertainment centers;

13.

Equipment rentals and sales;

14.

Exterminators;

15.

Factory outlet stores;

16.

Feed, seed, and fertilizer sales;

17.

Food lockers, sales, and services;

18.

Furniture warehouse and van services;

19.

Garden supplies and nurseries;

20.

Glass shops;

21.

Grocery stores;

22.

Hatcheries;

23.

Heating and air conditioning shops;

24.

Household appliance repair shops;

25.

Ice and food products dispensing machines;

26.

Ice manufacturing;

27.

Laboratories;

28.

Laundry plants;

29.

Mini-storage facilities;

30.

Parcel delivery services;

31.

Photographic and blueprint processing and printing;

32.

Plumbing and sheet metal shops;

33.

Post offices, public and private;

34.

Poultry and rabbit butcher shops for retail sales on the premises, including live storage; such use shall not be established closer than five hundred (500) feet from any residential zone;

35.

Railroad freight and passenger services;

36.

Refrigeration sales and services;

37.

Restaurants;

38.

Service stations;

39.

Sign shops;

40.

Stone and monument yards, retail;

41.

Tire recapping and sales;

42.

Upholstery shops;

43.

Veterinarians' offices, small animal boarding and hospitals, and kennels; provided however such use shall not established closer than five hundred (500) feet from any residential district and shall be completely enclosed in a building of soundproof construction;

44.

Warehouses and mini-storage uses;

45.

Wholesale establishments.

B.

Offices and retail stores incidental to and on the same site with a permitted use.

C.

Incidental and accessory uses and structures located on the same site as a permitted use.

(Ord. No. 2020-06, § 5, 11-17-2020)

The following uses shall be permitted, subject to the provisions of Article 24:

A.

Communication equipment buildings, gas regulator stations, and utility pumping stations;

B.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

C.

Subdivision signs—Off-site;

D.

Sidewalk sales and use of the public right-of-way for the display and sales of merchandise, or for outdoor dining;

E.

Murals subject to Article 21;

F.

Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

(Ord. No. 2013-01, § 6, 9-3-2013)

A.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

1.

Any use selling or serving alcohol, including liquor stores;

2.

Auto body and fender repair, rebuilding and service;

3.

Automobile sales, new and used, including repair within an enclosed building;

4.

Bars and cocktail lounges;

5.

Book, magazine, and stationery stores;

6.

Boat sales with incidental repair;

7.

Contractors storage yards;

8.

Drive-in theaters; golf driving ranges; pony riding rings; racetracks; recreation parks; riding stables; skating rinks, sport arenas, and sports stadiums; and other similar, open, unenclosed commercial recreation facilities;

9.

Drive through facilities;

10.

Electrical distribution substation, microwave relay stations;

11.

Farm machinery sales and service;

12.

Farmer's markets (permanent) including indoor and outdoor facilities;

13.

Gaming and entertainment centers;

14.

Gasoline sales as part of a convenience store, excluding automotive repair service;

15.

Indoor shooting range: An indoor shooting range is an indoor establishment equipped with targets for practice with firearms so constructed, safeguarded, equipped and used as to prevent any bullet, shot or missile from being projected beyond the confines of such range. Such indoor shooting range shall comply with all noise regulations of the City and is also permitted to provide firearm training and education programs, to manufacture and sell ammunition, and to sell firearms as authorized and regulated by the Federal Department of Alcohol, Tobacco, and Firearms, the City, or any other agency with regulatory control;

16.

Lumber yards;

17.

Mobilehome sales;

18.

Motels and apartment hotels;

19.

Motorcycle sales with incidental service;

20.

Planned Unit Development subject to provisions of Article 28;

21.

Smoking bars and hookah lounges;

22.

Tattoo parlors;

23.

Theaters and auditoriums;

24.

Travel trailer and motor home sales, rentals, and service;

25.

Truck terminals;

26.

Welding shops and blacksmithing, except drop hammer.

(Ord. No. 2013-01, § 7, 9-3-2013)

A.

Where a site adjoins or is located across a street or alley from a residential district, a decorative masonry wall six (6) feet in height, or such other height or type of screening device as may be required by the Director, shall be located on the property line common to such districts, except in a required front yard.

B.

Open storage of materials and equipment attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six (6) feet minimum in height, except as may be modified under Site Plan Review. Said storage shall not be visible above said fence or wall.

A.

All businesses and processes shall be conducted within a completely enclosed structure, except for off-street parking and loading areas, service stations, outdoor dining areas, nurseries, garden shops, signs, Christmas tree sales lots, bus depots, and transit stations, public utility stations, and car sales.

B.

No use shall be permitted and no process, equipment or materials shall be used that are found by the City to be objectionable to persons living or working in the vicinity be reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare, or unsightliness or to involve any hazard of fire or explosion.

The minimum site area shall be ten thousand (10,000) square feet.

No limitation.

No limitation.

A.

The minimum front yard shall be fifteen (15) feet of which a minimum of ten (10) feet shall be landscaped.

B.

Except as specified hereunder, no side yards or rear yards shall be required.

1.

The minimum side yard abutting any residential district shall be ten (10) feet and shall be landscaped.

2.

The minimum rear yard abutting any residential district shall be ten (10) feet and shall be landscaped.

The minimum distance between a dwelling unit and another structure shall be ten (10) feet.

The maximum height shall be fifty (50) feet, except as may be allowed in under provisions of Article 27.

Off-street parking facilities and off-street loading facilities shall be provided for each use as prescribed in Article 20.

No sign shall be provided except as prescribed in Article 22.

A site plan shall be submitted and approved pursuant to the provisions of Article 26.

Commercial projects within the C-3 zone district shall be subject to the design review provisions of Article 16.

This district is intended for commercial uses that are located at or near freeway interchanges and are oriented toward serving the needs of the traveling public.

All uses shall be subject to the provisions of Article 21.

A.

General and service commercial establishments, including:

1.

Transportation depots;

2.

Fruit and vegetable stores, and sales incidental thereto, conducted entirely within a building enclosed on all sides;

3.

Restaurants;

4.

Service stations, including auto repair, but not including a convenience store.

B.

Retail and service establishments:

1.

Automobile supply stores, not including repair garages;

2.

Barber shops and beauty shops;

3.

Cleaning agencies (pickup and delivery only);

4.

Gift shops;

5.

Video rentals and sales;

6.

Other uses added to this subsection by the Commission according to the procedure set forth in this article.

C.

Offices incidental to and on the same site with a commercial service establishment.

D.

Electrical transmission and distribution substations, gas regulator stations, public service pumping stations, and elevated pressure tanks.

E.

Incidental and accessory uses and structures located on the same site as a permitted use.

(Ord. No. 2013-01, § 8, 9-3-2013)

A.

The following uses shall be permitted, subject to the provisions of Article 24:

1.

Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

2.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

3.

Subdivision signs—Off-site;

4.

Sidewalk sales and use of the public right-of-way for the display and sales of merchandise, or for outdoor dining;

5.

Murals subject to Article 21;

6.

Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

A.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

1.

Any use serving or selling alcohol;

2.

Bars, cocktail lounges, and nightclubs;

3.

Cellular communication towers;

4.

Convenience stores, with or without gasoline sales;

5.

Drive through uses;

6.

Hotels and motels;

7.

Offices;

8.

One-family dwellings over or to the rear of a permitted use provided such dwellings shall be subject to the use, site area, coverage and yard requirements of the RM-3 district;

9.

Palm reader;

10.

Petroleum products storage, provided that gasoline, kerosene and similar highly inflammable products are stored underground;

11.

Planned Unit Development subject to provisions of Article 28;

12.

Public buildings and grounds;

13.

Recreational vehicle parking—Overnight;

14.

Self-service car wash;

15.

Signs in excess of twenty (20) feet in height, subject to provisions of Article 22;

16.

Smoking bars and hookah lounges;

17.

Swap meets;

18.

Transit terminals and truck stops.

(Ord. No. 2013-01, § 9, 9-3-2013)

A.

Where a site adjoins or is located across a street or alley from any residential or PO district, a decorative masonry wall six (6) feet minimum in height, or such other height or type of screening device as may be required by the City, shall be located on the property line common to such districts, except in a required front yard.

B.

Open storage of materials and equipment attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six (6) feet minimum in height, except as may be modified under Site Plan Review. Said storage shall not be visible above said fence or wall.

A.

No use shall be permitted and no process, equipment, or materials shall be used that are found by the Commission to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinder, dirt, refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness, or to involve any hazard of fire or explosion.

No limitations.

No limitations.

No limitations.

A.

The minimum front yard shall be fifteen (15) feet. A minimum of ten (10) feet of the required front yard shall be landscaped.

B.

Except as specified in paragraphs 1 and 2 hereunder, no side yard or rear yards shall be required.

1.

The minimum side yard abutting any residential district shall be ten (10) feet and shall be landscaped.

2.

The minimum rear yard abutting any residential district shall be ten (10) feet and shall be landscaped.

The minimum distance between a dwelling unit and another structure shall be ten (10) feet.

The maximum building height shall be fifty (50) feet, except as may be provided under the provisions of Article 27.

Off-street parking facilities and off-street loading facilities shall be provided on the site for each use as prescribed in Article 20.

No sign shall be provided except as prescribed in Article 22.

A site plan shall be submitted and approved pursuant to the provisions of Article 26.

Commercial projects within the C-H zone district shall be subject to the design review provisions of Article 16.

This district is to be applied to areas designated Light Industrial on the General Plan in order to reserve appropriately located areas for various types of less intense industrial plants and related activities.

All uses shall be subject to the provisions of Article 21.

A.

Dwellings for a caretaker incidental to a use located in such zone;

B.

Manufacture, processing, and packaging of:

1.

Small electric appliances such as lighting fixtures, electric toys, washing machines, dishwashers, and similar home appliances;

2.

Small electrical equipment such as motion picture equipment, radio and television receivers, but not including electrical machinery;

3.

Scientific drafting instruments, precision instruments, optical goods, watches, and clocks;

4.

Ceramic products such as pottery and small glazed tile;

5.

Cosmetics, pharmaceuticals, and toiletries (not including refining or rendering of fats or oils);

6.

Electrical supplies such as condensers, insulation, lamps, and wire and cable assembly;

7.

Furniture, hardware, hand tools, die and pattern making; metal stamping and extrusion of small products such as costume jewelry, razor blades, bottle caps, buttons, and kitchen utensils;

8.

Articles from the following previously prepared materials: asbestos, canvas, cloth, cork, fiber, fur, glass, leather, paint (not employing a boiling process), paper, plastics, precious or semi-precious metals or stones, rubber and synthetic rubber, shell, textiles, tobacco, and wood;

9.

Bakery goods, candy, dairy products, food products, including fruits and vegetables (but not including fish and meat products, pickles, sauerkraut, vinegar or yeast, or refining or rendering of fats and oils);

10.

Blacksmith shops; boat building; electric motor rebuilding, machine shops; paint shops;

C.

Animal hospitals, kennels and veterinarians;

D.

Automobile dismantling and used parts storage, provided such parts storage must be conducted wholly within a building;

E.

Automobile repair;

F.

Building materials, sales, and storage;

G.

Emergency shelter subject to the following development standards:

1.

Facility compliance with applicable state and local standards and requirements;

a.

Federal, State and local licensing as required for any program incidental to the emergency shelter;

2.

Physical characteristics;

a.

Compliance with applicable state and local uniform housing and building code requirements;

b.

The facility shall have on-site security during all hours when the shelter is open;

c.

Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

d.

Facilities shall provide secure areas for personal property;

3.

Limited Number of Beds. Emergency shelters shall not exceed ten (10) beds;

4.

Limited Terms of Stay. The maximum term of staying at an emergency shelter is six (6) months in a consecutive twelve (12) month period;

5.

Parking. The emergency shelter shall provide on-site parking at a rate of one (1) space for each employee at the maximum shift plus one (1) space per six (6) occupants allowed;

6.

Emergency Shelter Management. A management plan is required to address management, client supervision, client services, and food services. Such plan shall be submitted to and approved by the Community Development Department prior to operation of the emergency shelter;

H.

Farm machinery and equipment manufacturing, sales, and service (including incidental auctions not to exceed four (4) per year);

I.

Frozen food processing, storage, and accessory sales;

J.

Gasoline service stations, including dispensing of diesel and other fuels, and complete truck service;

K.

Golf cart sales and service;

L.

Hatcheries;

M.

Ice and cold storage plant;

N.

Laboratories, experimental and testing;

O.

Machine shops;

P.

Petroleum products storage, provided that gasoline, kerosene, and similar products shall be stored underground;

Q.

Planning mill, excluding refuse burning;

R.

Poultry and rabbit processing;

S.

Prefabrication of buildings;

T.

Public utility service yards, electrical and gas transmission stations;

U.

Secondhand stores;

V.

Stables and riding academies;

W.

Stone monument works;

X.

Tire recycling, rebuilding, recapping and retreading;

Y.

Transit and transportation equipment, storage space and yards, except freight classification yards;

Z.

Trucking terminals;

AA.

Warehouses and mini-storage uses.

(Ord. No. 2013-01, § 12, 9-3-2013; Ord. No. 2015-03, § 4, 5-19-2015; Ord. No. 2020-06, § 6, 11-17-2020)

The following uses shall be permitted, subject to the provisions of Article 24:

A.

Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

B.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

C.

Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

Any permitted use in the M-2 district provided that the Commission makes the following findings:

1.

That consideration of the characteristics of the proposed use indicates that the use has the same essential characteristics as uses permitted in the M-1 district with respect to operation, materials, equipment, storage, and appearance;

2.

That the application includes sufficient evidence to indicate that measures are planned to eliminate any potential nuisance or hazardous characteristics;

B.

Automobile and recreational vehicle storage yards;

C.

Automobile dismantling and used parts storage, provided such parts storage must be within an enclosed building;

D.

Breweries;

E.

Bulk storage and delivery of fuel, including liquefied petroleum gas;

F.

Business park;

G.

Cellular communication towers;

H.

Convenience stores, with or without gasoline sales;

I.

Day care center;

J.

Library;

K.

Outdoor advertising structure (billboard);

L.

Public buildings and grounds;

M.

Planned Unit Development subject to provisions of Article 28;

N.

Recycling and wood yards;

O.

Restaurants;

P.

Swap meets;

Q.

Tire recycling, rebuilding, recapping and retreading;

R.

Towing and storage of wrecked vehicles;

S.

Trucking terminals.

(Ord. No. 2013-01, § 13, 9-3-2013)

A.

Where a site adjoins any non-industrial district, a solid wall or screen fence six (6) feet in height or such other height or type of screening device as may be required by the Director, shall be located on the property line common to such districts, except in a required front yard.

B.

A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from any non-industrial district, shall be screened by a decorative masonry wall not less than six (6) feet in height, if found by the Director to be unsightly.

C.

Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a decorative masonry wall or compact evergreen hedge (with solid gates where necessary), not less than six (6) feet in height.

D.

No fence or wall shall exceed six (6) feet in height if located in a required side or rear yard or three (3) feet in height if located in a required front yard, except that a chain-link fence greater than three (3) feet in height may be located in any portion of a required front yard.

A.

All open and unlandscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash, and debris.

B.

No use shall be permitted and no process, equipment or materials shall be employed that is found to be injurious to persons residing or working in the vicinity by reason of odor, dust, smoke, refuse, noise, vibrations, glare or heavy truck traffic or to involve any hazard of fire, explosion or radio-activity or to emit electrical disturbances that adversely affect commercial or electronic equipment outside the site boundaries.

C.

No solid or liquid wastes shall be discharged except in compliance with applicable regulations of the Regional Water Quality Control Board.

D.

No use shall emit air pollutants in excess of the applicable emission standards of the San Joaquin Valley Air Pollution Control District, the State of California or of the Federal Government.

No limitations.

No limitations.

No limitations.

A.

Front Yard. The minimum front yard shall be ten (10) feet.

B.

Rear and Side Yards. No rear yard or side yards shall be required except as provided below:

1.

The minimum rear yard abutting any non-industrial district shall be fifteen (15) feet.

2.

The minimum side yard abutting any non-industrial district shall be fifteen (15) feet.

No limitations.

No building shall exceed a height of fifty (50) feet, except as may be provided under the provisions of Article 27.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Article 20.

No signs shall be permitted except as provided in Article 22.

A site plan shall be submitted and approved in accordance with the provisions of Article 26.

The purpose of the performance standards is to insure that an objective determination is made where there may be substantial doubt as to whether an existing use complies with the performance standards of this zone, and to formulate practical ways for the alleviation of such noncompliance.

A.

Noise. No permitted or conditionally permitted use shall create noise that causes the exterior noise level when measured on any other property to exceed:

1.

The noise standard for a cumulative period of more than thirty (30) minutes in any hour;

2.

The noise standard plus ten (10) dB for a cumulative period of more than five (5) minutes in any hour;

3.

The noise standard plus twenty (20) dB or the maximum measured ambient level, for any period of time.

B.

Vibration. No vibration shall be permitted that is perceptible without instruments at the lot-line of the source industry or beyond. For the purpose of interpretation, the perception threshold shall be presumed to be a motion velocity of 0.01 inches per second over a range of 1 to 100 Hertz.

C.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily discernible without instruments at the lot-line of the source industry or beyond.

D.

Glare. No direct or sky-reflected glare, whether from floodlights or from a high temperature process such as combustion or welding or otherwise, shall be permitted so as to be visible at the lot-line of the source industry or beyond.

E.

Fire and Explosion Hazards. All activities involving inflammable and explosive materials shall be provided with adequate safety devices and adequate fire fighting and fire suppression equipment standard in the industry. Such equipment shall be subject to the approval of the City Fire Chief.

F.

Radio and Electric Disturbance. No activities shall be permitted that emit electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

G.

Air Pollution. All uses shall be subject to the rules and regulations established by the San Joaquin Valley Air Pollution Control District, and the State and Federal government.

H.

Liquid and Solid Waste. No discharge into the public sewer, private sewage system or into the ground shall be permitted, except in compliance with the standards of the State Department of Health, the City of Fowler, the California Regional Water Quality Control Board, and the Selma-Kingsburg-Fowler County Sanitation District, and. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces and any waste that might be attractive to rodents or insects shall be stored outdoors only in closed containers.

I.

Performance Standards Procedures.

1.

Determination of compliance: proposed use. All applications for building permits or business licenses must be accompanied by a written statement signed by the owner or operator of the use declaring that the proposed use can meet the performance standards of the M-1 Zone set forth in this section, and will be operated in accordance with said standards.

2.

Determination of noncompliance: existing use. The Director may determine that there are reasonable grounds to believe that an existing use may be violating these performance standards and may initiate an investigation.

Noise Level Standards

* Public uses include schools, libraries, hospitals, churches, and parks.

The specified noise standards shall not apply to railroad operations, motor vehicles, including trucks, or to agricultural equipment used in the cultivation of any agricultural land in the M-l Zone.

3.

Where determinations can reasonably be made by the Director using equipment normally available to the City or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued. Where technical complexity or extraordinary expense make it unreasonable for the City to maintain the personnel or equipment necessary for making a determination, procedures as herein set forth shall be available for protecting individuals from arbitrary administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.

4.

Where determination of violation of performance standards can be made using equipment and personnel available to the City or obtainable without extraordinary expense, determination of violation shall be made; and the Director shall take lawful action as provided by Article 14 of this chapter to eliminate such violation.

5.

Where determination of violation entails the use of skilled personnel and instrumentation not ordinarily available to the City and when, in the judgment of the Director a violation exists, the procedure shall be as follows:

a.

Notice. The Director shall give a written notice, by certified mail, return receipt requested, or other means insuring a signed receipt for such notice, to those responsible for the alleged violation. Such notice shall describe the alleged violation and shall require a response or correction of the alleged violation within a reasonable time limit set by the Director. The notice shall declare that failure to reply or to correct the alleged violation within the time limit set constitutes admission of violation. The notice shall further state that upon request of those to whom it is directed, technical determinations as described in the appropriate portions of these provisions will be made, and if that violation as alleged is found, costs of the determinations will be charged against those responsible in addition to such other penalties as may be appropriate. If it is determined that no violation exists, costs of the determinations will be paid by the city.

b.

No correction: no reply. If there is no reply within the time limits set thus establishing admission of violation as provided above and the alleged violation is not corrected within the time limit set, the Director shall take such action as warranted by continuation of an admitted violation after notice to cease.

c.

Reply requesting extension of time. The Director may grant an extension of time if such extension will not cause imminent peril to life, health, or property. In acting on such requests for extension of time, the Director shall state in writing reasons for granting or refusing to grant the extension and shall transmit the same by certified mail, return receipt requested, or other means insuring a signed receipt, to those to whom original notice was sent.

d.

Reply requesting technical determination. If a reply is received within the time limit set requesting technical determinations as described in the appropriate provisions of this section and if the alleged violations continue, the Director may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be paid by the persons responsible for the violations, in addition to such other penalties as may be appropriate under the terms of Article 1 of this chapter. If no violation is found, costs of the determination shall be paid by the city.

This district is to be applied to areas designated Heavy Industrial on the General Plan and is reserved for more intense manufacturing and processing uses.

All uses shall be subject to the provisions of Article 21.

A.

Any use permitted in the M-1 district.

B.

Heavy industrial and related uses including:

1.

Aircraft and parts manufacture;

2.

Automobile, truck and trailer accessories and parts manufacture;

3.

Ammonia, bleaching powder or chlorine manufacturing;

4.

Battery manufacture;

5.

Box factories and cooperage;

6.

Building materials manufacture and assembly;

7.

Business machine and computer manufacture;

8.

Can and metal container manufacture;

9.

Candle manufacture, not including rendering;

10.

Carpet and rug manufacture;

11.

Cotton ginning, cotton seed processing and lint manufacture;

12.

Clay products manufacture including brick, fire brick, tile and pipe;

13.

Detergent manufacture;

14.

Food products manufacture including such processing as cooking, roasting, pasteurization and extracting involved in the preparation of such products as cereal, chocolate products, cider and vinegar, coffee, fruits and vegetables, milk and dairy products, syrups, margarine, pickles, sauerkraut, sugar, vegetable oils and yeast;

15.

Glass and glass products manufacture;

16.

Graphite and graphite products manufacture;

17.

Ink manufacture;

18.

Agricultural, industrial, and household chemical compounds manufacture;

19.

Leather and fur finishing and dyeing, not including tanning and curing;

20.

Machinery manufacture;

21.

Machine tools manufacture including metal lathes, metal presses, metal stamping machines, and woodworking machines;

22.

Meat products processing and packaging, not including slaughtering and glue and size manufacture;

23.

Metal alloys and foil manufacture;

24.

Metal casting and foundries not including magnesium foundries;

25.

Motor and generator manufacture and testing;

26.

Plastic manufacture;

27.

Porcelain products manufacture including bathroom and kitchen fixtures;

28.

Precious metals smelting and refining;

29.

Railroad repair shops;

30.

Rock, sand, and gravel storage and distribution;

31.

Sand blasting;

32.

Soda and compound manufacture;

33.

Steel products manufacture and assembly;

34.

Stone products manufacture and stone processing including abrasives, asbestos, stone screening and sand and lime products;

35.

Storage, collecting or baling of iron, junk, paper, rags, or scrap;

36.

Structural steel products manufacture including bars, girders, rail and wire rope;

37.

Textile bleaching;

38.

Wire and cable manufacturing;

39.

Wool pulling or scouring;

40.

Wood and lumber processing and woodworking including planing mills and saw mills, excelsior, plywood, veneer and wood-preserving treatment.

(Ord. No. 2013-01, § 14, 9-3-2013; Ord. No. 2020-06, § 7, 11-17-2020)

The following uses shall be permitted, subject to the provisions of Article 24:

A.

Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

B.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

C.

Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

The following uses that involve nuisances or hazards to health and safety, provided that the Commission shall make a specific finding that the use can be expected to conform with each of the required conditions prescribed for a conditional use permit. The Commission may require technical reports consultants or other evidence in addition to the data prescribed in Article 26.

1.

Outdoor advertising structure (billboard);

2.

Automobile dismantling and used parts storage, provided such parts storage must be within an enclosed building;

3.

Asphalt and asphalt products manufacture;

4.

Breweries and wineries;

5.

Cement, lime, gypsum and plaster of paris manufacture;

6.

Charcoal, lampblack and fuel briquettes manufacture;

7.

Chemical products manufacture including acetylene, ammonia, carbide, caustic soda, chlorine, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates of an explosive nature, potash, rayon yarn, and carbolic, hydrochloric, picric and sulphuric acids;

8.

Coal, coke and tar products manufacture;

9.

Concrete and concrete products manufacture;

10.

Drop forges;

11.

Dumps and slag piles;

12.

Electric generating stations;

13.

Electroplating shops;

14.

Explosives manufacture and storage;

15.

Fertilizer manufacture;

16.

Film manufacture;

17.

Firearms manufacture;

18.

Fireworks manufacture and storage;

19.

Fish products processing and packaging;

20.

Fuel manufacture or storage, including bio-fuels;

21.

Gravel, rock and cement yards;

22.

Garbage and refuse dumps;

23.

Gas and oil wells;

24.

Gelatin and glue manufacture from animal or fish refuse;

25.

Grain rolling and storage;

26.

Incineration or reduction of garbage, offal and dead animals;

27.

Junk yards;

28.

Lard manufacture;

29.

Linoleum and oil cloth manufacture;

30.

Liquefied petroleum gas bulk storage and delivery;

31.

Magnesium foundries;

32.

Manure, peat and topsoil processing and storage;

33.

Metal and metal ores reduction, refining, smelting and alloying;

34.

Motor vehicles wrecking yards;

35.

Paint manufacture including enamel, lacquer, shellac, turpentine and varnish;

36.

Paper products manufacture;

37.

Paper mills;

38.

Petroleum and petroleum products refining and storage;

39.

Rifle and pistol ranges;

40.

Rubber manufacture or processing including natural or synthetic rubber;

41.

Rubber products manufacture including tires and tubes;

42.

Soap manufacture including fat rendering;

43.

Solid waste recycling;

44.

Steam plants;

45.

Stone quarries, gravel pits, mines and stone mills;

46.

Storage of inflammable liquids;

47.

Storage of used building materials;

48.

Tallow manufacture;

49.

Tanneries and curing and storage of rawhides;

50.

Wood and bones distillation;

51.

Wood pulp and fiber reduction and processing.

B.

Public buildings and grounds;

C.

Planned Unit Development subject to provisions of Article 28;

D.

Bulk storage and delivery of fuel, including liquified petroleum gas;

E.

Automobile and recreational vehicle storage yards;

F.

Recycling and wood yards;

G.

Business park.

(Ord. No. 2013-01, § 15, 9-3-2013)

A.

Where a site adjoins any non-industrial district, a solid wall or screen fence six (6) feet in height or such other height or type of screening device as may be required by the Director, shall be located on the property line common to such districts, except in a required front yard.

B.

A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from any non-industrial district, shall be screened by a decorative masonry wall not less than six (6) feet in height, if found by the Director to be unsightly.

C.

No fence or wall shall exceed six (6) feet in height if located in a required side or rear yard or three (3) feet in height if located in a required front yard, except that a chain-link fence greater than three (3) feet in height may be located in any portion of a required front yard.

A.

All open and unlandscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash, and debris.

B.

No use shall be permitted and no process, equipment or materials shall be employed that is found to be injurious to persons residing or working in the vicinity by reason of odor, dust, smoke, refuse, noise, vibrations, glare or heavy truck traffic or to involve any hazard of fire, explosion or radio-activity or to emit electrical disturbances that adversely affect commercial or electronic equipment outside the boundaries of the site.

C.

No solid or liquid wastes shall be discharged except in compliance with applicable regulations.

D.

No use shall emit particulate matter or other air pollutants in excess of applicable emission standards of the San Joaquin Valley Air Pollution Control District, the State, or the Federal Government.

E.

All uses shall be subject to the performance standards of Article 14.

The minimum site area shall be one-half (½) acre.

No limitations.

No limitations.

A.

Front Yard. The minimum front yard shall be ten (10) feet.

B.

Rear and Side Yards. No rear yard or side yards shall be required except as provided below:

1.

The minimum rear yard abutting any non-industrial district shall be fifteen (15) feet.

2.

On a reversed corner lot adjoining a key lot in any non-industrial district, the minimum side yard adjoining the street shall not be less than fifteen (15) feet.

3.

The minimum side yard abutting any non-industrial district shall be fifteen (15) feet.

No limitations.

No building shall exceed a height of seventy-five (75) feet, except as may be provided in Article 27.

Off-street parking and off-street loading facilities shall be provided as prescribed in Article 20.

No sign shall be permitted except as provided in Article 22.

A site plan shall be submitted and approved in accordance with the provisions of Article 26.

The City of Fowler is concerned with the appearance of the built environment. It is important that new development present an appearance of quality, architectural variation and compatibility with existing neighborhoods. The design standards set forth below reflect community values and ensure that high standards of design are evident in all development.

A.

A Development Review Committee (DRC) is established to provide a coordinated technical review process to ensure compliance with requirements of this ordinance. 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.

1.

The DRC shall be responsible for the review of all development-related applications that may be required by this chapter, including multifamily residential and commercial uses, planned unit developments (including mixed-use projects), all single-family residential projects approved through the subdivision map process, and murals.

2.

The DRC shall be responsible for making determinations on the application and interpretation of guidelines, standards, and requirements of this chapter.

3.

The DRC may require the applicant to submit additional information reasonably necessary to determine whether the proposed development complies with this chapter.

4.

The DRC shall meet as necessary to review development applications. Such meetings shall be open to the public, but participation shall be limited to committee members, unless a member of the committee requests information of someone in attendance. It shall be the responsibility of the Director to collect comments of the DRC, prepare a written analysis of the issues, and provide it to the applicant in a timely manner.

5.

The decision of the DRC shall be a recommendation to the Commission for those applications that require Commission action.

6.

For applications that do not require Commission action, the decision of the DRC shall be a recommendation to the Director.

A.

A Concept Plan may be required by the Director when only part of a larger tract of land under common ownership is to be developed; when development is to take place in phases; or when property is part of a larger development area under multiple ownerships. The purpose of the Concept Plan is to demonstrate how compliance with the General Plan and this ordinance is to be achieved, the compatibility of anticipated land uses, and how improvements within and among individual parcels of land or phases of development are to be coordinated. Any future tentative map or site plan should demonstrate consistency with the Concept Plan.

The following design guidelines shall apply to all projects that require site plan review or Conditional Use Permit approval in all RM and C districts:

A.

Good design should reflect compatibility with the character of the area. Compatibility includes building style, size, setback, form, color and material considerations.

1.

A consistent color scheme, or a variety of compatible color schemes, should be used throughout a project and the scheme(s) should not contrast negatively with the character of the area.

2.

The design of projects containing many buildings should provide variety in building size and massing. A mixture of single and multi-story buildings should be used.

3.

The architectural scheme (form, materials, color and detailing) of a building should be carried throughout all exterior elevations to achieve design, harmony and continuity.

4.

Coordinate roof shape, color and texture with the overall building design.

5.

Design and/or screen all rooftop mechanical and electrical equipment as an integral part of the building design. Ground or interior-mounted mechanical equipment is strongly recommended.

6.

Buildings with box-like appearances, lacking architectural variation, are discouraged. Architectural variation can be achieved through a variety of design techniques, including but not limited to:

a.

Offsetting or varying building setbacks.

b.

Providing covered porches, balconies, and entries.

c.

Combining single-story and two-story construction in a single building, with single-story nearest property lines.

d.

Altering roof lines, height and type.

7.

Each project shall contain a sufficient number of trash enclosures to adequately serve the use.

8.

All sides of commercial buildings shall be architecturally treated to produce an aesthetically pleasing facade that is of a design compatible with surrounding commercial buildings and the character of the community.

B.

The site shall be designed so as to create a development that is pleasant in character, human in scale and facilitates on-site circulation.

1.

Existing natural features such as trees and view shall be retained to the maximum extent feasible.

2.

Generally locate buildings adjacent to the street with parking areas to the rear or side of the property rather than along street frontages, and screen parking areas from view, both interior and exterior to the site.

3.

Screen trash and storage areas, service yards, loading docks and utility services from view of all nearby streets and adjacent structures in a manner compatible with building and site design.

4.

All exterior lighting is to be directed onto the site and away from adjacent residential properties.

5.

Where appropriate, provide bicycle parking with access from adjacent streets, driveways or paths.

6.

Pedestrian activity and transit access shall be maximized as feasible, including walkways within the project from adjacent streets, access to commercial properties from adjacent residential areas, and the provision of transit facilities where planned or proposed.

C.

Landscaping shall be included in any project design to create a pleasing appearance from both within and off the site. Site landscaping should be utilized to promote the character of the City, particularly as demonstrated by large shade trees.

1.

Landscaping should be planned as an integral part of the project.

2.

Street trees, as specified by the City of Fowler, shall be installed as appropriate.

3.

Provide landscaping to screen unattractive views and features such as storage areas, trash enclosures, and transformers.

4.

Provide landscaping within and adjacent to parking areas to screen vehicles and minimize the expansive appearance of parking areas.

5.

Encourage deciduous trees along south and west building exposures.

6.

Ground cover should be of live plant material. Gravel, colored rock, bark and similar materials are generally not acceptable.

7.

Ensure that landscaping permits adequate sight distance for motorists and pedestrians entering and exiting the site.

The following design guidelines shall apply to all single-family projects approved with a subdivision map. The purpose of the Design Criteria is to implement the General Plan and provide guidance for the approval of new, large scale residential projects approved through the subdivision process. Site planning and architectural variations should receive fair consideration when the result is more affordable single-family detached housing.

A.

Minimum Floor Area Ratio. New single-family residential uses shall be subject to a minimum floor area ratio (FAR) that will encourage maximum use of land; promote diversity of housing throughout the City; and preserve community character. The minimum FAR includes the main living area, but does not include the garage or accessory structures.

B.

A developer may request up to a five (5) percent reduction from the minimum FAR for no more than five (5) percent of the units within each subdivision phase. The developer shall demonstrate the need for the reduction and that the reduction will not interfere with the purposes of this section.

The minimum lots sizes, FARs, and floor space for single-family districts are:

* Also applies to smaller lot PUD units

C.

Front Yard Setbacks. Varied front yard setbacks shall be used to provide visual interest to the street scene. Buildings shall be arranged in a staggered and variable setback fashion to provide visual interest and to avoid a repetitive appearance.

D.

Front Yard Landscaping. The developer shall provide front yard landscaping prior to the issuance of the certificate of occupancy.

E.

Garage Designs. The developer shall pay careful attention in designing the garage portion of homes. Architectural features such as offsetting garage faces, side-loading garages, or overhangs shall be added to garage elevations to soften these facades.

F.

Elevations. Housing elevations shall be varied to avoid monotony of a single architectural style. Residential structures shall be varied in detail, form, and building orientation to provide visual interest. Highly articulated facades are encouraged to create visual variety.

G.

Mechanical Equipment. Mechanical equipment shall be ground mounted and screened from view by walls or fences similar in design to the building architecture or by plant material. An exception shall apply when the developer has previously submitted and received approval by the City of Fowler of building plans that do not reflect the use of ground mounted equipment.

H.

Utilities. All utilities shall be underground and each residential unit shall be equipped for remote electronic utility meter reading. Public utility meter boxes and equipment shall be placed underground where feasible.

I.

Buffer Between Different Residential Zone Districts. Where new residential development is proposed adjoining existing residential development of a lower zoning density, the developer shall provide an architectural transition through the tentative tract map, site plan review, or Conditional Use Permit process. The transition may include such provisions as common lots sizes, building setbacks, landscaping, and masonry wall requirements to benefit existing and future residents.

J.

Buffer Between Commercial Zone Districts. Where new residential development is proposed adjoining existing commercial or industrial uses, the developer shall provide an architectural transition, including such provisions as building setbacks, landscaping and masonry wall requirements to benefit future residents.

K.

Open Space. All residential subdivisions shall provide usable open space within the boundaries of the development.

1.

Within single-family projects, either attached or detached, five (5) percent of the site shall be developed with usable open space such as common recreation areas, mini-parks, green belts/trails, and landscaping. This usable open space shall be maintained by a landscape/lighting district, homeowners' association, or other appropriate maintenance entity.

L.

Amenities. To enhance the quality of development, all single-family residential projects are encouraged to provide such amenities as automatic garage door openers, trash compactors, and outdoor electrical outlets.

M.

Deviation from Street Standards. Standards for new street development may be modified to enhance the design of a subdivision if the City Engineer determines that projected traffic flows can be accommodated.

N.

Access to Subdivisions Along Expressways. Direct access to expressways is prohibited. Street access to expressways is generally prohibited, except at one-half (½) mile intervals.

O.

Access to Subdivisions Along Arterial Streets. Residential developments along arterial streets shall be encouraged to provide innovative approaches to access, including frontage roads with limited access, side-on lots, or alley loaded units. Back-on to such streets (with decorative masonry walls, landscaping and waiver of access) is also permitted, but only after other design solutions have been explored. Open ended cul-de-sacs to arterials and pedestrian paths to adjacent parks and commercial development shall be provided as feasible for pedestrian access.

P.

Access to Subdivisions From Collector Streets. Direct access to collector streets is permitted except where physical circumstances or traffic conditions do not allow such access. Other design solutions include side-on lots or alley loaded units. Back-on to such streets (with decorative masonry walls, landscaping and waiver of access) is also permitted but only after other design solutions have been explored. Open ended cul-de-sacs and pedestrian paths to adjacent parks and commercial development shall be provided as feasible for pedestrian access.

Q.

Interior Street Patterns. Interior streets within new subdivisions shall be designed to encourage pedestrian activity while protecting neighborhoods from through traffic. Local streets shall provide connectivity to adjacent existing and planned development, where feasible.

R.

Pedestrian Access. All subdivisions shall be designed to provide a safe walking environment for pedestrians. The following shall apply:

1.

Subdivision layouts shall include designs to promote pedestrian access to arterial and collector streets and consider the location of community services, such as schools, parks and neighborhood shopping centers in the accessibility of their design for all persons.

2.

Sidewalks shall be installed as part of all street construction.

3.

Street lighting shall be installed within the rights-of-way of all public streets.

4.

Pedestrian signal indicators shall be installed with traffic signals.

S.

School Routes. The developer shall work with the Fowler Unified School District to provide adequate transportation routes such as a local pedestrian or bike paths, or local bus service.

T.

Transit Facilities. The developer shall ensure that pedestrian facilities are provided along and/or near transit routes, whenever feasible. New land developments may be required to provide pedestrian facilities due to existing or future planned transit routes even if demand for a pedestrian facility is not otherwise warranted.

U.

Applicability and Deviation from Criteria. The Council may approve a deviation from these criteria where such deviation is necessary to provide affordable housing to meet the City's affordable housing requirements.

V.

Process and Enforcement. The following conditions and procedures shall be used to implement and enforce the Single-Family Residential Design Criteria:

1.

Condition of Map Approval. Compliance with these criteria shall be made a condition of approval for all tentative tract maps.

2.

Submittal of Site Plan as a Condition of Map Approval. As a condition of approval for all tentative tract maps, the developer shall obtain approval of a site plan that demonstrates compliance with these criteria.

3.

Site Plan Review Ordinance. Site plan review shall be in accordance with the City's Site Plan Review Ordinance (Article 13 of the City's Zoning Ordinance, as this Article may be amended or replaced).

4.

Content of Site Plan. The site plan shall provide elevations, floor plans, building envelopes for varied setbacks, landscaping, and other information necessary to demonstrate compliance with these criteria, the Site Plan Review Ordinance, and other applicable City codes.

5.

Approval of Site Plan. The site plan shall be approved before issuance of the first building permit. To the extent the tentative or final map demonstrates compliance with these criteria, the site plan may reference the maps.

(Ord. No. 2022-07, § 1, 8-16-2022)

The Form-Based Code Area is intended to foster a vibrant town center through a mix of uses with shop fronts and commercial uses at street level, overlooked by canopy shade trees, upper story residences, and offices. The code regulates land development by setting controls on building form in order to achieve the vision for the community set forth in the Fowler General Plan.

This greater emphasis on physical form is intended to produce attractive and enjoyable public spaces complemented with a healthy mix of uses. Wherever there appears to be a conflict between the code and other sections of the Zoning Ordinance as applied to a particular development, the requirements specifically set forth in the code shall prevail. For development standards not covered by the code, other applicable sections in the Zoning Ordinance shall apply.

A.

Lots/Blocks/Curb Cuts.

1.

No block face shall have a length greater than four hundred (400) feet without an alley, common drive or access easement, or pedestrian pathway providing through-access to another street, alley or common access easement, or streetscape. Individual lots with less than seventy-five (75) feet of frontage are exempt from the requirement to interrupt the block face; those with over two hundred fifty (250) feet of frontage shall meet the requirement within their lot, unless already satisfied within that block face.

2.

Curb cuts shall be limited to no more than one (1) per one hundred fifty (150) feet of street frontage.

B.

Buildings.

1.

The maximum building footprint shall be twenty thousand (20,000) square feet; beyond that limit a special exception is necessary.

2.

Buildings along each block face shall present a new and discrete facade design at an average street frontage length of no greater than seventy-five (75) feet. Each facade composition shall include a functioning, primary entry. This requirement may be satisfied through the use of liner shops designed to specifically mask large foot print building facades. Individual infill projects on lots with frontage of less than one hundred (100) feet are exempt from this requirement.

C.

Streetscape.

1.

Street trees shall be planted at the time of development at an average spacing of no greater than thirty (30) feet on center (measured per block face). Where necessary, spacing allowances may be made to accommodate curb cuts, fire hydrants and other infrastructure elements. At no time may spacing exceed forty-five (45) feet on center.

2.

Street lights shall be installed on both sides of streets along the street tree alignment line at intervals of not more than seventy-five (75) feet measured parallel to the street. At the time of development, the developer is responsible for the installation of street lights on the side of the streetscape being developed.

3.

At the time of development, the developer is required to install sidewalks.

D.

Parking. The goals for parking within the form-based code area are:

•

Enable people to park once at a convenient location and access a variety of commercial and civic uses in a pedestrian friendly environment.

•

Reduce inefficient, single-purpose on-site parking.

•

Maximize on-street parking.

•

Provide flexibility for the development or redevelopment of small sites.

•

Promote projects that use flexible and creative incentives to reduce parking needs.

1.

Parking standards are:

a.

A minimum of three (3) spaces per one thousand (1,000) square feet of nonresidential Gross Floor Area (GFA) shall be provided. New on-street parking spaces created in conjunction with the development, that did not previously exist, may be counted toward the minimum requirement.

b.

A minimum of 1.5 parking spaces per residential unit, of which a minimum of one (1) parking space per residential unit shall be covered.

c.

Shared parking is encouraged and shall be approved by the Director as to location, time limits, or hours of the day. Shared parking shall be designated by appropriate signage.

2.

Cross-access easements for circulation, pedestrian access, and parking purposes shall be required when feasible between separate parcels developed for commercial purposes.

3.

Parking requirements may be met either on-site or within three hundred fifty (350) feet of the site to be developed.

4.

Waiver of Off-Street Parking.

a.

Off-street parking shall not be required in the Form-Based Code Area for buildings erected after the effective date of this chapter that front on Merced Street between Seventh Street and the alley between Fourth and Fifth Streets.

b.

The number of required off-street parking spaces is reduced by fifty (50) percent in the within the area bounded by Tuolumne Street on the north, the Railroad on the west, a line parallel to and one hundred fifty (150) feet south of Main Street on the south, and Fifth Street on the north; plus the area bounded by a line parallel to and one hundred fifty (150) feet north of Merced Street on the north, Fifth Street on the west, a line parallel to and one hundred (100) feet south of Merced Street on the south, and the alley between Fourth and Fifth Streets on the east; plus the area bounded by a line parallel to and one hundred (100) feet north of Tuolumne on the north, Seventh Street on the west, Tuolumne Street on the south, and the alley between Sixth and Seventh Streets on the east.

The street-type specifications illustrate typical configurations for streetscapes. The City may adjust these if necessary for specific conditions (e.g., public squares and other similar areas). The specifications address vehicular traffic lane widths, curb radii, sidewalk, tree planting area, and on-street parking configurations. They also provide comparative pedestrian crossing distances.

Streets balance the needs of all forms of traffic, auto and pedestrian, to maximize mobility and convenience. Their character will also vary with location.

A.

The standards for building envelopes are:

1.

Buildings are aligned and close to the street. Buildings form the space of the street.

2.

The street is an identifiable space, with consistent building forms on both sides. This configuration contributes to a clear public space and streetscape identity.

3.

Public spaces are physically defined by buildings, walls, or fences. Land should be clearly public or private—in public view and under surveillance or private and protected.

4.

Vehicle storage/parking, (other than on-street parking), garbage pick-up and mechanical equipment are kept away from the streetscape.

A.

The following uses shall be permitted in the Form-Based Code Area:

1.

Artisan shop;

2.

Antique stores;

3.

Bank, ATM, or financial institution;

4.

Barber shops and beauty shops;

5.

Book, magazine, and stationery stores;

6.

Business support services;

7.

Day care center: Child or adult;

8.

Dare care center: Small or large family;

9.

Drug stores;

10.

Furniture and home furnishing stores;

11.

Garden supply stores and nurseries provided all equipment, supplies, and merchandise, other than plants and mulches, shall be kept within completely enclosed buildings or under a lathed structure and provided, further, that fertilizer of any type shall be stored and sold in packaged form only;

12.

General retail;

13.

Grocery stores not exceeding one thousand five hundred (1,500) square feet of sales area;

14.

Hardware stores;

15.

Health, fitness club;

16.

Locksmiths;

17.

Museum;

18.

Non-profit charitable institutions;

19.

Offices—Business, professional, service, medical;

20.

Parking lots;

21.

Post offices, public and private;

22.

School, public or private;

23.

Studio: art, dance, martial arts, music, etc.;

24.

Restaurant, café, coffee shop, not serving alcohol;

25.

Variety stores not exceeding one thousand five hundred (1,500) square feet of sales area;

26.

Video rentals and sales;

27.

Other uses added by the Commission according to the procedure set forth in this article;

28.

Incidental and accessory structures and uses on the same site as a permitted use.

(Ord. No. 2013-01, § 10, 9-3-2013; Ord. No. 2020-06, § 8, 11-17-2020)

A.

The following uses shall be permitted, subject to the provisions of Article 24:

1.

City, County, State, and Federal administrative offices, community buildings, libraries, and police and fire stations;

2.

Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

3.

Rental equipment, including trailers, trucks, and cars;

4.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

5.

Sidewalk sales and use of the public right-of-way for the display and sales of merchandise, or for outdoor dining;

6.

Park, playground;

7.

Murals subject to Article 21;

8.

Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

A.

The following uses shall be permitted by CUP in the Form-Based Code Area (see Article 25):

1.

Any use selling or serving alcohol, including liquor store;

2.

Any commercial amusement use (indoor and outdoor);

3.

Any permitted use having outside storage;

4.

Automated car wash, including use of mechanical conveyors, blowers, and steam cleaning;

5.

Automobile parts sales;

6.

Automobile repair;

7.

Banquet facilities, dance halls, social halls, private clubs and lodges;

8.

Bed and breakfast;

9.

Card rooms;

10.

Churches and other religious institutions;

11.

Drive through facilities;

12.

Funeral home;

13.

Grocery stores not exceeding ten thousand (10,000) square feet in sales area;

14.

Laundromat, coin-operated laundry, and dry cleaning establishments; except that such uses are not permitted in the downtown area bounded by Fourth Street, Tuolumne Street, Golden State Boulevard, and Main Street;

15.

Mixed use residential component;

16.

Motels and hotels;

17.

Motorcycle sales and service;

18.

Multifamily dwellings, subject to the standards of the RM-3 district (including density greater than 21.78 units/acre);

19.

Parking structure;

20.

Self-service car wash;

21.

Service stations, including service stations as part of a convenience store (gasoline);

22.

Single family dwellings subject to the provisions of the R-1-5 district;

23.

Smoking bars and hookah lounges;

24.

Tobacco shops;

25.

Theater, auditoriums, cinema, or performing arts;

26.

Variety store not exceeding ten thousand (10,000) square feet.

(Ord. No. 2013-01, § 11, 9-3-2013; Ord. No. 2020-06, § 9, 11-17-2020)

A.

Street trees are part of an overall streetscape plan designed to provide both form (canopy) and comfort (shade) to the streetscape. Street trees give special character and coherence to each streetscape. The desired aesthetic shall be achieved through the use of native/proven hardy adapted species.

B.

Mechanical and electrical equipment including, but not limited to, air compressors, pumps, exterior water heaters, water softeners, private garbage cans (not including public sidewalk waste bins), and storage tanks may not be stored or located within any streetscape.

C.

Building facades are the public "face" of every building. Owners are encouraged to place planters and window boxes with flowering plants and/or climbing vines within twelve (12) inches of the building facade.

D.

The private, interior portions of the lots allow commercial operators to utilize these spaces as efficient working environments unseen by the public and allow residents to have private and semi-private (for apartment and condominium buildings) gardens and courtyards.

E.

Each streetscape shall have street trees planted along the street tree alignment line (three (3) feet from the back of the curb) at an average spacing not greater than thirty (30) feet on center (measured per block face).

F.

At planting, street trees shall be a minimum of twenty-four (24) inch box. Species shall be selected from the area street tree list.

G.

Street trees shall be "limbed up" as they gain appropriate maturity so as to not interfere with pedestrian or truck travel (minimum seven (7) feet clear over the sidewalk and fourteen (14) feet over the travel lanes of the street).

H.

For private parking lots, a minimum of fifty (50) percent of the parking surface shall be shaded at maturity of the trees.

I.

At least one (1) tree per six hundred (600) square feet of the required paved area shall be planted along the rear and side yard areas not closer than five (5) feet to any common lot line. At planting, street trees shall be a minimum of twenty-four (24) inch box. Species shall be selected from the area street tree list.

J.

Except for tree trunks, street lights, civic buildings, public art or monuments, there shall be a clear view between two (2) and eight (8) feet above grade. The foliage of newly planted trees may intrude into this area until the tree has sufficient growth to allow such a clear trunk height.

K.

Sidewalks shall be a minimum of six (6) feet wide and shall be constructed to meet all City specifications.

L.

Any unpaved ground area shall be planted with a combination of turf, groundcover, flowering vegetation, or climbing vines.

M.

All turf grass must be sodded at installation.

N.

In addition to the lot, the owner must maintain the portion of the streetscape between their lot line and the curb and the portion of the alley between the lot-line and the edge of pavement.

O.

All landscaping shall be irrigated and maintained by the adjacent property owner or private property owners association.

A tree list for the Form-Based Code Area shall be developed to include street trees as well as other species that may be used for planting within a lot. The tree list shall contain native and acceptable adapted species. The use of alternate species may be permitted but only if approved by the Development Review Committee.

All development within the Form-Based Code Area shall be subject to the provisions of Article 16 and the standards contained herein. The architectural standards for the Form-Based Code establish a coherent character for the district and encourage a high caliber, lasting quality of development. Buildings must be reviewed by the Development Review Committee to verify that they meet the architectural standards.

These standards favor an aesthetic that is traditional in a broad sense. The standards also specify certain details, such as window proportions, roof or cornice configurations, shop fronts, and overhangs. The intent behind these standards is to foster a coherent and regionally appropriate community. While only materials, techniques, and product types prescribed here are allowed, equivalent or better practices and products are encouraged. They shall be submitted to the Director for review. Additional products may be added to the list on a case by case basis by the Director.

A.

Building Walls (Exterior). Building walls should reflect and complement the traditional materials and techniques of the Central Valley. They should express the construction techniques and structural constraints of traditional, long-lasting, building materials. Simple configurations and solid craftsmanship are favored over complexity and ostentation in building form and the articulation of details.

1.

Materials—The following materials are permitted:

a.

Primary materials (seventy-five (75) percent of facade or greater):

i.

Brick or tile masonry;

ii.

Native stone (or synthetic equivalent);

iii.

Hardie-Plank( equivalent or better siding;

iv.

Stucco;

v.

Metal (only as part of a unique architectural design and as approved by the DRC);

b.

Accent materials (no greater than twenty-five (25) percent of facade):

i.

Pre-cast masonry (for trim and cornice elements);

ii.

Gypsum Reinforced Fiber Concrete (GFRC for trim elements);

iii.

Metal (for beams, lintels, trim elements and ornamentation);

iv.

Split-faced block (for piers, foundation walls and chimneys);

c.

Wood siding and wood simulation materials:

i.

Lap siding (horizontal) configuration;

ii.

Smooth or rough-sawn finish (no faux wood grain);

iii.

Brick, block and stone;

iv.

Must be detailed and in an appropriate load-bearing configurations;

v.

Stucco;

vi.

Smooth or sand only, no roughly textured finish.

2.

Murals painted directly on an exterior wall of a structure are encouraged as a decorative or ornamental feature in accordance with Article 21.

B.

Roofs and Parapets. Roofs and Parapets should demonstrate recognition of the climate by utilizing appropriate pitch, drainage, and materials in order to provide visual coherence.

1.

Materials: The following materials are permitted:

a.

Clay or concrete (faux clay);

b.

Tile (barrel or flat roman);

c.

Slate (equivalent synthetic or better);

d.

Metal (standing seam, equivalent or better);

e.

Dimensional asphalt shingles;

f.

Cornices and soffits may be a combination of wood, vinyl, and/or metal;

2.

Pitched roofs:

a.

Pitch (exclusive of roofs behind parapet walls);

b.

Simple hip and gable roofs shall be symmetrically pitched between 4:12 and 10:12;

c.

Shed roofs, attached to the main structure, shall be pitched between 3:12 and 8:12.

3.

Overhangs:

a.

Eaves must overhang eighteen (18) to thirty (30) inches on the primary structure.

b.

Eaves and rakes on accessory buildings, dormers, and other smaller structures must overhang at least eight (8) inches.

c.

Timber eaves and balcony brackets must be a minimum of four (4) inches by four (4) inches in dimension.

4.

Parapet roofs (cornice and coping standards):

a.

Allowed only for shop front colonnade and general frontage sites where the roof material is not visible from any adjacent streetscape.

5.

Cornices and other features:

a.

Buildings without visible roof surfaces and overhanging eaves may satisfy the overhang requirement with a cornice projecting horizontally between six (6) and twelve (12) inches beyond the building walls for the on the primary structure for the initial four (4) stories. For each additional story; six (6) inches shall be added to the minimum and twelve (12) inches shall be added to the maximum, up to a maximum projection of six (6) feet.

b.

Skylights and roof vents are permitted only on the roof plane opposite the primary street or when shielded from Streetscape view by the building's parapet wall.

C.

Windows and Doors. The placement, type, and size of windows and doors help to establish the scale and vitality of the streetscape. For commercial buildings, they allow interplay between the shop interiors and the streetscape. For residential streets, they foster the "eyes on the street" surveillance that provides for the security and safety for the area.

1.

Materials: The following materials are permitted.

a.

Windows shall be of anodized aluminum, wood, clad wood, vinyl, or steel.

b.

Window glass shall be clear, with adequate light transmission. Specialty windows (one (1) per facade maximum) may utilize stained, opalescent, or glass block.

c.

Window screens shall be black or gray.

d.

Screen frames shall match window frame material or be dark anodized.

e.

Doors shall be of wood, clad wood, or steel and may include glass panes.

2.

The following requirements apply to all windows:

a.

Windows shall be no closer than thirty (30) inches to building corners (excluding bay windows) unless otherwise prescribed.

b.

Exterior shutters, if applied, shall be sized and mounted appropriately for the window (one-half the width), even if inoperable.

3.

The following apply to shop front (ground floor) windows and doors:

a.

Single panes of glass not larger than eight (8) feet in height by four (4) feet wide.

b.

A minimum of sixty (60) percent of the window pane surface area shall allow views into the ground floor of the building for a depth of at least fifteen (15) feet.

c.

Windows shall not be made opaque by window treatments (excepting operable sunscreen devices within the conditioned space).

4.

Doors:

a.

Double-height entryways that span more than one (1) story are not allowed.

b.

Doors shall not be recessed more than three (3) feet behind the shop-front windows and, in any case, shall have a clear view and path to a forty-five-degree angle past the perpendicular from each side of the door.

A.

Signs shall be as permitted in Article 22.

A.

When an awning or overhang is incorporated into a building, the following requirements must be met:

1.

Minimum ten (10) feet clear height above sidewalk, minimum six (6) feet depth extending out from the building facade (maximum to curb or tree-planting strip, whichever is closer).

2.

Canvas cloth or equivalent (no shiny or reflective materials), metal or glass.

3.

No internal illumination through the awning/overhang.

4.

Lettering on awnings limited to six (6) inches tall on vertically hanging fabric at curb side of awning.

A.

The following standards shall apply for lighting and mechanical equipment:

1.

Street Lights: A "historical-type" (or other Street Light as the City may specify) shall be used in the Form-Based Code Area.

2.

At the front of the building, exterior lights shall be mounted between six (6) feet and fourteen (14) feet above adjacent grade.

3.

All lots with alleys shall have lighting fixtures that illuminate the alley and shall not cause glare in adjacent lots.

4.

Floodlighting shall not be used to illuminate building walls (i.e. no up-lighting).

5.

No flashing, traveling, animated, or intermittent lighting shall be visible from the exterior of any building whether such lighting is of temporary or long-term duration.

6.

Air compressors, mechanical pumps, exterior water heaters, utility and telephone company transformers, meters or boxes, garbage cans, storage tanks, and similar equipment shall not be stored or located within any area considered streetscape under this code.

7.

Roof mounted equipment shall be screened from view from the streetscape.

All development within the Form-Based Code Area must receive Site Plan approval prior to the issuance of a building permit in accordance with requirements of Article 26.

Commercial projects within the Form-Based Code Area shall be subject to the design review provisions of Article 16.

The Precise Plan Overlay District shall be applied to residential, commercial, and industrial base zoning districts designated by the General Plan or the City Council to assure that development will be superior to that which would be achieved through regulations of the base zoning district.

A.

A Precise Plan Overlay District may be established after the City Council has, by resolution, found as follows:

1.

That the area proposed for the Precise Plan Overlay District is suitable for uses permitted in the underlying zone district. In order to promote the public health and welfare and the orderly growth of the City, however, it would not be appropriate to so zone the area unless land uses permitted are subject to precise plan.

2.

That the Precise Plan will provide benefits and safeguards equal to or greater than those provided by the underlying zone district with respect to the public health and welfare and orderly growth of the City.

A.

A Precise Plan may contain regulations relating to the types of uses; location, height, and bulk of buildings; open spaces; design of streets, alleys, pedestrian ways, and parking areas; screening of uses; landscaping; and such other matters as in the determination of the Commission and Council may be necessary to accomplish purposes of this chapter.

B.

The Precise Plan shall be prepared in map or written form, or a combination.

A.

The Precise Plan Overlay District, the approved Precise Plan, and any amendments shall be established by resolution after the same proceedings as in the case of other changes of zone.

B.

The Precise Plan Overlay District shall be designated on the zone map using the underlying zone district followed by the letter "P" and an identifying serial number that shall appear on any map, plan, or written statement in which the Precise Plan is embodied.

C.

The Precise Plan Overlay District may be established at any time, either concurrently with and as a part of the proceedings for establishing or changing zoning, or with respect to any established zone.

A.

The use of land and the construction, reconstruction, or structural alteration and use of buildings and structures located in a Precise Plan Overlay District shall conform with the Precise Plan, and shall also be subject to all other regulations and provisions that apply to the underlying zone district to the extent that they are not contrary to the express provisions or general intent of the Precise Plan.

The "HB" Overlay District is intended to promote attractive development along Highway 99 through the City of Fowler and establish consistent standards with other jurisdictions in Fresno County. The regulations of this district seek to balance the economic health of the community with a visually improved corridor.

A.

The "HB" Overlay District shall apply to all property within one thousand (1,000) feet of the outside boundaries of the Highway 99 right-of-way.

B.

Any new use or expansion of an existing use approved after the effective date of this ordinance located within the "HB" Overlay District boundaries shall be subject to the provisions of this section.

For purposes of this article, the following definitions shall apply:

Advertising Structure. A freestanding sign or wall sign advertising off-site services and products.

At-Grade. A section of highway, the grade of which is within five (5) feet of the grade of adjacent properties.

Co-location. Locating more than one (1) antenna on the same antenna mount.

Communication Tower. A structure used to support antennas for wireless communication.

Elevated. A section of highway, the grade of which is more than five (5) feet above the grade of adjacent properties.

Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. Includes sign types that are independent of a building.

Guyed Tower. A communication tower that is supported, in whole or in part, by guy wires and ground anchors.

Lattice Tower. A self-supporting communication tower consisting of an open-work structure made of crossing bars or rods forming a network used for support.

Marquee Sign. Any sign with supports that are placed on, or anchored in, the ground that is independent from any other structure. A marquee sign advertises multiple destinations and eliminates visual clutter by combining what would otherwise be multiple freestanding signs.

Monopole. A self-supporting communication tower consisting of a single pole.

Monument Sign. A freestanding sign in which the entire bottom of the sign is in contact with the ground.

Wall Sign. Any sign attached parallel to, but within six (6) inches of a wall; painted on the surface of a wall; or erected and confined within the limits of an outside wall of any building or structure, that is supported by such wall or building, and that displays only one (1) sign surface.

Uses permitted shall be those uses permitted in the underlying zone district.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

Those uses permitted subject to a conditional use permit in the underlying district.

B.

Communication towers, unless expressly prohibited by the underlying district.

C.

Marquee signs that exceed the property development standards of Section 9-5.1907.J.2.

Uses expressly prohibited shall be those uses expressly prohibited in the underlying zone district.

The following property development standards shall apply to all land and structures in the "HB" District:

A.

Lot Area. Each lot shall have the minimum area required by the underlying district.

B.

Lot Dimensions. Each lot shall have the minimum dimensions required by the underlying district.

C.

Population Density. Population density shall be as required by the underlying district.

D.

Building Height. Building height shall be as required by the underlying district.

E.

Yards. Yards shall be as required in the underlying district with the following exceptions:

1.

General Provisions.

a.

All yard requirements shall be for the entire length of the specified lot line.

b.

Yard requirements shall apply whether property is directly adjacent to the highway, or is adjacent to a frontage road directly parallel to the highway.

2.

For agricultural uses, yards shall be as required by the underlying district.

3.

For all landscape buffers required by this section, a landscape plan shall be prepared by a licensed landscape contractor or landscape architect for review and approval by the City. The plan shall include adequate permanent access for maintenance purposes.

4.

Landscape buffers shall be placed within an easement and dedicated to the City. Maintenance shall be by an assessment district, such as a landscape and lighting district, through contractual arrangement with the City, or by a homeowner's association or property management company responsible for the maintenance of common facilities.

5.

Exceptions to the landscape buffer requirements due to site location, property dimensions, or other factors may be considered through the variance process in accordance with Article 27 with the understanding that the objectives of the "HB" Overlay District must be achieved to the maximum extent feasible.

6.

For residential projects approved through the subdivision, conditional use permit, or site plan review process, yard requirements shall be as follows:

a.

Along residential properties adjacent to at-grade highway sections, a landscaped buffer of no less than twenty (20) feet shall be provided. The setback line shall constitute the lot line of the adjacent residential project and building setback requirements of the underlying zone district shall apply.

i.

The landscaped buffer shall consist of groundcover and shrubs. Trees shall be provided within the landscape buffer at a rate of one (1) per twenty-five (25) feet of highway frontage, and may be spaced evenly or planted in groups or clusters.

ii.

No buildings, parking areas, storage areas, trash or recycling areas, utility equipment, freestanding signs, communication towers, or other structures may be established within the landscaped buffer.

iii.

All City standards for noise reduction shall apply. This may include construction of sound walls at the landscape setback line.

iv.

Along lot lines not adjacent to the highway right-of-way, yards shall be provided as required by the underlying district.

b.

Along residential properties adjacent to elevated highway sections, a landscaped buffer of no less than ten (10) feet shall be provided. The setback line shall constitute the lot line of the adjacent residential project and building setback requirements of the underlying zone district shall apply.

i.

Trees shall be provided at a rate of one (1) tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters, and shall be of a species that will grow tall enough to be visible from the highway.

ii.

No buildings, parking areas, storage areas, trash or recycling areas, utility equipment, freestanding signs, communication towers, or other structures may be established within the landscaped buffer.

iii.

All City standards for noise reduction shall apply. This may include construction of sound walls at the landscape setback line.

iv.

Along lot lines not adjacent to the highway right-of-way, yards shall be provided as required by the underlying district.

7.

For automobile wrecking yards; automobile storage yards; transit storage facilities; electric distribution substations; garbage, green waste recycling, or refuse incineration; solid waste transfer stations; generating plants; junkyards; pallet yards; recycling plants; surface mining operations; waste-to-energy plants, or similar uses, yard requirements shall be as follows:

a.

Along lot lines adjacent to at-grade highway sections or along lot lines that allow visibility into the site from at-grade highway sections, a landscaped buffer of no less than twenty (20) feet shall be provided.

b.

The landscaped buffer shall contain, at a minimum, a continuous shrub hedge, interplanted twenty (20) feet on center with trees. The plant species used should coordinate with adjacent highway landscaping. Shrub varieties used shall be fast growing, and attain an ultimate height of no less than eight (8) feet. Shrubs and trees shall not be pruned as to allow visibility into the site from the highway.

c.

A solid masonry wall shall be located at the rear of the landscaped buffer along the property line adjacent to the highway. The wall shall be not less than six (6) feet in height and shall be located twenty (20) feet from and parallel to the buffered property line or right-of-way line.

d.

No buildings; parking areas; trash or recycling areas; utility equipment; freestanding signs; communication towers; or other structures may be established within twenty (20) feet of the highway right-of-way.

Required Landscaped Buffer for Wrecking Yard Next to At-Grade Highway Section

e.

Along lot lines adjacent to elevated highway sections or along lot lines that allow visibility into the site from elevated highway sections, a landscaped buffer of no less than twenty (20) feet shall be provided.

1.

The landscaped buffer shall consist of trees spaced at thirty (30) feet on center and staggered or triangularly spaced within the buffer to minimize visibility into the site from the highway. Species used shall be fast growing, dense, tall evergreen trees.

2.

No buildings; communications towers; or other structures may be established within twenty (20) feet of the highway right-of-way.

f.

Along lot lines not adjacent to the highway right-of-way and do not allow visibility into the site, yards shall be provided as required by the underlying district.

Required Landscaped Buffer for Wrecking Yard Next to Above Grade Highway Section

8.

For commercial uses, professional office uses, manufacturing uses, and all other uses not included in items 6 or 7 above, yard requirements shall be as follows:

a.

Along lot lines adjacent to at-grade highway sections, a landscaped buffer of no less than twenty (20) feet shall be provided.

1.

The landscaped buffer shall consist of groundcover or shrubs. Trees shall be provided at a rate of one (1) per twenty-five (25) feet of highway frontage, and may be spaced evenly or planted in groups or clusters.

2.

No buildings; parking areas; storage areas, trash or recycling areas; utility equipment; freestanding signs; communication towers; or other structures may be established within the landscaped buffer, with the exception of one (1) monument sign as set forth in Section 9-5.1907.1.7.J.

b.

Along lot lines adjacent to elevated highway sections, a landscaped buffer of no less than twenty (20) feet shall be provided.

1.

Trees shall be provided at a rate of one (1) tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters, and shall be of a species that will grow tall enough to be visible from the highway.

2.

No freestanding signs or communication towers may be established within twenty (20) feet of the highway right-of-way.

3.

Parking may be allowed within the twenty-foot setback area subject to site plan review.

c.

Yards for areas of the lot other than those specifically addressed in this overlay district shall be as required by the underlying district.

Illustration of possible required landscaped buffers for land uses specified in Section 9-5.1907.1.7.E.4 (wrecking yards, etc.). Unlike other land uses, these uses must provide landscaped buffers along not only the highway frontage, but along ALL lot lines that allow visibility into the site from the highway.

Required Landscaped Buffer for Commercial Use Next to At Grade Highway System

Required Landscaped Buffer for Commercial Use Next to Elevated Highway Section

Highway Beautification Overlay Yard Requirements*

* For illustrative purposes, only. Refer to text for complete requirements.

F.

Space Between Buildings. Space between buildings shall be as required by the underlying district.

G.

Lot Coverage. Lot coverage shall be as required by the underlying district.

H.

Fences, Hedges, and Walls. Fences, hedges, and walls shall be provided as required by the underlying district, with exceptions noted above.

I.

Off-Street Parking. Off-street parking shall be provided as required by the underlying district.

J.

Outdoor Advertising.

1.

Freestanding Signs.

a.

No freestanding sign shall be erected on lots in which the underlying district prohibits freestanding signs.

b.

On lots in which the underlying district permits freestanding signs, the number of freestanding signs on any lot shall be limited to two (2). One (1) shall be permitted facing the highway, and one (1) shall be permitted facing the street that the lot fronts. On lots that are not adjacent to the highway, only one (1) freestanding sign shall be permitted.

c.

No freestanding sign may be located in the required yard areas described in Section 9-5.1907.1.7.E. As specified, only monument signs shall be permitted in the required yard area.

d.

Sign height shall be as follows:

i.

The maximum permitted height of freestanding signs shall be dependent on the distance that the freestanding sign is set back from the highway and shall be calculated using the following formula: one (1) foot of sign height shall be permitted for every one (1) foot that the sign is set back from the highway, to a maximum height of thirty-five (35) feet.

e.

The maximum permitted area for monument signs in the required yard area shall be sixty (60) square feet.

f.

The maximum permitted area for freestanding signs shall be dependent on the distance that the sign is set back from the highway and shall be calculated using the following formula: three (3) square feet of sign area shall be permitted for every one (1) foot that the sign is set back from the highway, to a maximum area of two hundred (200) square feet.

2.

Marquee Signs.

a.

No marquee sign shall be erected on lots in which the underlying district prohibits marquee signs.

b.

On lots in which the underlying district permits marquee signs, the number of marquee signs on any lot shall be limited to one (1) marquee sign.

c.

No marquee sign may be located in the required yard areas described in Section 9-5.1907.1.7.E.

d.

Sign height shall be as follows:

i.

The maximum permitted height of marquee signs shall be dependent on the distance that the marquee sign is set back from the highway and shall be calculated using the following formula: one (1) foot of sign height shall be permitted for every one (1) foot that the sign is set back from the highway, to a maximum of one hundred (100) feet in height. All signs not meeting the set back standard are required to obtain a conditional use permit.

ii.

The maximum permitted height of a marquee sign shall be one hundred (100) feet. All signs exceeding one hundred (100) feet in height are required to obtain a conditional use permit.

e.

The maximum permitted area for marquee signs shall be dependent on the distance that the sign is set back from the highway and shall be calculated using the following formula: three (3) square feet of sign area shall be permitted for every one (1) foot that the sign is set back from the highway, to a maximum of five hundred (500) square feet in area. All signs exceeding five hundred (500) square feet in area are required to obtain a conditional use permit.

3.

Wall Signs.

a.

No wall sign shall be erected on lots in which the underlying district prohibits wall signs.

b.

Wall signs shall consist of no more than ten (10) percent of the wall area.

4.

Sign types not addressed in this section shall be as regulated by the underlying district.

5.

Sign characteristics not addressed in this section shall be as regulated by the underlying district.

6.

Nonconforming Signs.

a.

Signs that become nonconforming on or after the effective date of this ordinance but that lawfully existed and were maintained prior to the effective date of this ordinance shall be removed or made to conform within ten (10) years after the effective date of the ordinance. During the interim ten-year period, said nonconforming signs shall be kept in good repair and visual appearance.

b.

Any sign determined to be of historical significance shall be exempt from the removal and conformance requirements of this section.

c.

A nonconforming sign may be required to be removed prior to the ten-year amortization period if it meets any of the following criteria:

i.

The sign was erected or remodeled without first complying with all ordinances and regulations in effect at the time of its construction and installation or use.

ii.

The sign was lawfully erected but its use has ceased, or its owner has abandoned it, for a period of not less than ninety (90) days.

iii.

The sign has been more than fifty (50) percent destroyed, repair of the sign would require more than copy replacement, and the damage cannot be repaired within thirty (30) days of the date of its occurrence.

iv.

The property owner expands or enlarges the building or land use upon which a lawfully erected, nonconforming sign is located and the sign is displaced by the enlargement or remodeling.

v.

The sign is or may become a danger to the public or is unsafe.

7.

Advertising Structures.

a.

Advertising structures that become nonconforming as to location within required landscape setback areas on or after the effective date of this ordinance are subject to the following provisions:

i.

Notwithstanding any other provision of this code, only customary maintenance or use of the structure shall be permitted.

ii.

No addition, structural alteration, modification to, or enlargement, reconstruction, change in use or replacement of, the structure will be permitted, except:

a.

Customary maintenance or use; or

b.

Such alterations or changes that will render the structure conforming in every respect with this code.

iii.

Maintenance, repair, structural alteration, modification, change in use or construction to the structure in any twelve-month period that exceeds fifty (50) percent of the fair market value of the structure immediately prior to such twelve-month period, or increases the basis of such structure to its owner by one hundred (100) percent or more than it was immediately prior to such twelve-month period, shall be considered as reconstruction or replacement, or as exceeding customary maintenance or use. Advertising structures requiring this level of maintenance or repair shall be removed or made to conform in every respect with this code.

iv.

Any nonconforming advertising structure that is permitted to remain pursuant to this section shall be maintained in good repair and visual appearance.

K.

Communication Towers.

1.

Existing communication towers that become nonconforming on or after the effective date of this ordinance are subject to the following provision:

a.

No addition, structural alteration, or enlargement, change in use or replacement of, the structure will be permitted, except for safety requirements or the co-location of additional users.

2.

Communication towers shall be permitted subject to a conditional use permit in the "HB" District unless the underlying district expressly prohibits communication towers.

3.

Each application for a communication tower shall be accompanied by the following:

a.

A signed statement from the applicant indicating their intention to share space on the tower with other providers.

b.

A copy of the lease between the applicant and the landowner. The lease shall contain the following provisions:

i.

The landowner and the applicant shall have the ability to enter into leases with other carriers for co-location.

ii.

The landowner shall be responsible for removal of the communication tower or facility in the event the lessee fails to remove it upon abandonment.

4.

Communication towers must be of a monopole design. Lattice tower and guyed tower communications towers shall not be permitted.

5.

Communication towers may not be located closer than twenty (20) feet to the highway right-of-way.

6.

The maximum permitted height of communication towers shall depend on the distance that the tower is set back from the highway and shall be calculated using the following formula: one (1) foot of height shall be permitted for every one (1) foot the tower is set back from the highway, to a maximum of one hundred fifty (150) feet. A lightning rod, not to exceed ten (10) feet in height, shall not be included within the height limitations.

7.

All new communication towers shall be designed to accommodate no less than two (2) additional providers.

8.

All communication towers shall maintain a galvanized finish, unless camouflaged in some other manner.

9.

New communication towers shall be separated by not less than one thousand five hundred (1,500) feet from existing towers. Communications equipment mounted to existing towers or structures such as light poles, buildings, or water towers, steeples shall not be subject to this requirement.

10.

Mobile or immobile equipment not used in direct support of a communication tower facility shall not be stored or parked on the site of the communication tower unless repairs to the tower are being made.

11.

Accessory uses shall only include such buildings and facilities necessary for transmission functions and satellite ground stations associated with them, but shall not include broadcast studios, offices, vehicle storage areas, or other similar uses not necessary for the transmission function.

12.

All accessory buildings shall be constructed of building materials consistent with the primary use of the site. Building materials for any accessory building shall be subject to the review and approval of the City.

13.

Communication towers shall only be illuminated as required by the Federal Communications Commission and/or the Federal Aviation Administration. Security lighting around the base of the tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights-of-way.

14.

The base of the tower and related equipment shall be screened from view with a solid masonry wall a minimum of six (6) feet in height. A landscaped buffer of no less than five (5) feet shall be provided outside of the screening wall.

15.

Any communication tower not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner shall remove the same within ninety (90) days of a receipt of notice from the City. If such tower is not removed within said ninety (90) days, the City may remove the tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

L.

Architectural Standards. Any building wall visible from the highway shall be detailed and treated equally in terms of appearance to the front of the building.

M.

Utility and Mechanical Equipment. Utility and mechanical equipment such as heating units, air conditioners, antennas, satellite dishes, HVAC units, or similar devices shall be integrated into the design of the building or situated on the site so that they are not visible from the highway. When this is not possible, the equipment shall be screened from view of the highway by a masonry wall or other method acceptable to the City.

N.

Trash and Recycling Areas. Trash and recycling areas shall be situated on the site so that they are not visible from the highway. When this is not possible, the trash and recycling areas shall be screened from view of the highway by a masonry wall or other method acceptable to the City.

O.

Loading Areas. Loading areas shall be situated on the site so that they are not visible from the highway. When this is not possible, the loading areas shall be screened from view from the highway by a masonry wall or other method acceptable to the City.

Off-street parking and loading facilities shall be provided incidental to new uses and major alterations and enlargements of existing uses. Parking spaces and loading berths shall be in proportion to the need created by the particular type of land use. Off-street parking and loading areas are to be laid out in a manner that will ensure their usefulness, protect the public safety and, where appropriate, insulate surrounding land uses from their impact.

A.

A parking space is an area for the parking of a motor vehicle, plus additional areas required to provide for safe ingress and egress. The area set aside must be usable and accessible for the type of off-street parking that must be satisfied.

B.

In any residential district, all motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

C.

In any residential district, there shall be no parking, storage, or other similar uses within required front yard landscaped areas.

D.

The provisions of this chapter shall not require additional parking in the case of reconstruction or structural alteration of any of the following buildings, provided such building was in existence at the time the ordinance codified in this chapter was adopted:

1.

In C or M zones, provided such reconstruction or alteration does not add more than five hundred (500) square feet of usable floor space to the building in the aggregate.

2.

Churches, provided no addition is made to the auditorium seating capacity.

E.

Except as provided above at the time of initial occupancy of a site, or of construction of a building, or of a major alteration, or enlargement of a site or building, or a change in use of property that requires additional parking, there shall be provided off-street parking facilities in accordance with the requirements of this section.

F.

Required parking shall be provided on the site or a site proximate to the external boundaries of the lot upon which the building it serves is located. This required parking area shall be provided in any of the following ways:

1.

On the lot with the building served.

2.

On a contiguous lot or a lot within three hundred fifty (350) feet of the building or use being served.

3.

By membership in an assessment district established for the purpose of providing off-street parking for the uses located in said district.

G.

Parking Space Schedule.

1.

Residential Uses:

a.

One-family dwellings—two (2) spaces for each dwelling unit within a garage or carport.

b.

Multi-family dwellings—in accordance with the following schedule:

One-half (½) of the required parking spaces shall be covered.

c.

Guest parking—one (1) space per five (5) dwelling units for multi-family dwellings. Such spaces shall be clearly identified by the appropriate marking of each space on the asphalt/concrete surface of appropriate signage.

d.

Housing for the elderly—One (1) space for each dwelling unit, provided that sufficient space shall be set aside for one and one-half (1½) spaces for each dwelling unit in the event of a change of use to non-elderly housing.

e.

Private clubs, fraternity houses, sorority houses, lodging houses and rooming houses—one (1) space for each two (2) beds.

2.

Uses Within Integrated Shopping Centers:

a.

Uses within an integrated shopping center involving a combination of three (3) or more commercial establishments for which building area, off-street parking, off-street loading, landscaping, architecture, lighting, and other features are developed, managed and maintained as if a single unit:

Ten thousand (10,000) total square feet or less: one (1) space for each two hundred (200) square feet of floor space.

Ten thousand one (10,001) square feet or more: one (1) space for each two hundred (200) square feet of floor space for the first ten thousand (10,000) square feet; one (1) space for each two hundred fifty (250) square feet thereafter.

b.

Uses not within an integrated shopping center as defined above the number of spaces otherwise required of the type of use by provisions of this article.

3.

Commercial and Industrial Uses:

a.

Banks—one (1) space for each four hundred (400) square feet of floor area.

b.

Business and professional offices (not including medical offices)— one (1) space for each three hundred (300) square feet of floor area.

c.

Retail stores, food—one (1) space for each two hundred (200) square feet of floor area; mini-market food stores—one (1) space for each three hundred (300) square feet of floor area for stores under two thousand (2,000) square feet of gross floor area.

d.

Retail stores, other than food and personal service establishments—one (1) space for each two hundred (200) square feet of floor space.

e.

Motels and hotels—one (1) space for each guest room, plus one (1) space for each employee on the maximum shift.

d.

Café, restaurant or other establishments for the sale and consumption on the premises of food and beverages:

1.

Having less than one thousand (1,000) square feet of floor area: one (1) space for each two hundred (200) square feet.

2.

Having less than four thousand (4,000) square feet of floor area: one (1) space for each one hundred fifty (150) square feet.

3.

Having more than four thousand (4,000) square feet of floor area: thirty (30) spaces plus one (1) space for each one hundred (100) square feet in excess of four thousand (4,000) square feet.

4.

Drive-in restaurant (no indoor service): one (1) space for each employee on the maximum shift plus such other parking as determined by the City.

e.

Retail stores that handle only bulky merchandise such as furniture, household appliances, motor vehicles, farm implements and machinery—one (1) space for each six hundred (600) square feet of floor area.

f.

Service commercial establishments, repair shops and wholesale establishments—-one (1) space for each six hundred (600) square feet of floor space plus one (1) space for each two (2) employees.

g.

Commercial and industrial uses conducted primarily outside of buildings—one (1) space for each two (2) employees of the maximum working shift plus one (1) space for each three hundred (300) square feet of enclosed office or sales area.

h.

Manufacturing plants and other industrial uses—One (1) space for each two (2) employees of the maximum working shift, plus one (1) space for each three hundred (300) square feet of enclosed office or sales area.

4.

Utility Uses:

a.

Electric distribution or transmission substations, gas regulator stations, public utility pumping stations, reservoirs, water or gas storage tank farms, sewage treatment plants and other public utility buildings and uses—one (1) space for each three (3) employees of the maximum working shift, plus one (1) space for each company vehicle stored on site. Where such facility is unmanned, no spaces need be provided.

5.

Health Uses:

a.

Medical and dental offices or clinics, including but not limited to chiropractors, dentists, doctors, physical therapists, optometrists, psychiatrists, and similar professions—three (3) spaces for each practitioner, plus one (1) space for each employee; or one (1) space for each two hundred (200) square feet of floor area, whichever is greater.

b.

Rest homes, nursing homes, convalescent homes, homes for the aged—one (1) space for each employee of the daytime shift, plus one (1) space for each four (4) beds.

c.

Charitable and religious institutions providing sleeping accommodations—one (1) space for each employee and one (1) space for each four (4) beds.

d.

Hospitals—one (1) space for each four (4) beds and one (1) space for each two (2) employees of the maximum working shift, plus one (1) space for each staff doctor.

6.

Places of Assembly:

a.

Auditoriums (except school auditoriums), churches, mortuaries, sports arenas and stadiums, dance halls, social halls, private clubs and lodges—one (1) space for each fifty (50) square feet of floor area used for seating if seats are not fixed, or one (1) space for each five (5) seats. School classrooms associated with a church do not require parking in addition to that required for church seating.

b.

Theaters—one (1) space for each five (5) seats, or one (1) space for each fifty (50) square feet in the main auditorium, whichever provides the greater number of spaces.

c.

Bowling alleys—four (4) spaces for each alley, plus one (1) space for each four (4) seats devoted to restaurant and/or cocktail lounge, plus one (1) space for each employee of the maximum working shift.

d.

Other places of assembly without fixed seats—one (1) space for each fifty (50) square feet of floor area used for assembly, plus one (1) space for each employee of the maximum working shift.

7.

Educational Uses:

a.

Public and private elementary and junior high schools—one (1) space for each employee, including teachers, administrators, and custodians, plus sufficient space for safe and convenient bus loading and unloading of students.

b.

High schools—one (1) space for each employee including teachers, administrators and custodians, plus one (1) space for each ten (10) students enrolled, plus sufficient space for safe and convenient bus loading and unloading of students.

c.

Colleges—one (1) space for each employee including teachers, administrators and custodians, plus one (1) space for each five (5) students enrolled.

d.

Nursery schools—one (1) space for each employee plus sufficient space for safe and convenient loading and unloading of students.

8.

Public Uses:

a.

City, county, special district, state and federal administrative offices—one (1) space for each two (2) employees, plus one (1) space for each one thousand (1,000) square feet of floor area.

b.

Public buildings and grounds other than administrative offices and educational uses—one (1) space for each two (2) employees of the maximum working shift, plus the number of additional spaces required by the Director.

9.

Miscellaneous Uses: For a use not specified in the above parking spaces schedule, the same number of parking spaces shall be provided as are required for the most similar specified use.

10.

Bicycle and Motorcycle Parking.

a.

All commercial, government, and office areas shall provide adequate facilities for bicycle parking at a convenient location at a ratio of one (1) bicycle facility for each ten (10) required parking spaces.

b.

Developments with one hundred (100) or more parking spaces shall provide motorcycle parking at the rate of three (3) spaces per one hundred (100) parking spaces.

H.

Units of Measurement.

1.

For the purposes of this article, "floor space" shall mean that area used for service to the public, including areas used for display or sale of merchandise and areas occupied by fixtures and equipment. It shall not include areas used for storage or administrative offices incidental to a commercial use.

2.

If, in the application of requirements a fractional number is obtained, one (1) parking space shall be provided for a fraction one-half (½) or more, and no parking space shall be required for a fraction of less than one-half (½).

I.

Change in Use—Additions and Enlargements. Whenever there is a change in use or increase in floor area so as create a need for an increase in the number of off-street parking spaces by ten (10) percent or more, such increase in off-street parking facilities shall be provided on the basis of the increased requirements of the new use, or on the basis of the total increase in floor area, or in other units of measurements; provided however, that in case a change in use creates a need for an increase of two (2) or less off-street parking spaces, no additional parking facilities shall be required.

J.

Joint Use. Parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours, or when hours of peak use vary. Request for use of shared parking are subject to the following conditions:

1.

A parking analysis shall be presented demonstrating that substantial conflict will not exist in the principal hours or periods of peak demand for the uses that the joint use is proposed.

2.

Parking facilities designated for joint use should not be located further than three hundred (350) feet from any structure or use served.

3.

A written agreement shall be drawn by the applicant to the satisfaction of the City and executed by all parties concerned assuring the continued availability of the number of stalls designated for joint use.

Off-street parking facilities shall conform to the following standards:

A.

All parking areas shall have adequate ingress and egress to and from a street or alley. Sufficient room for turning and maneuvering vehicles shall be provided on the site. Bumper rails or other barriers shall be provided where needed for safety or to protect property, as determined by the City.

B.

Entrances and exits to parking lots and other parking facilities shall be provided only at locations approved by the City.

C.

Each parking space shall be not less than twenty (20) feet in length and nine (9) feet in width, exclusive of aisles and access drives, except that up to thirty (30) percent of all spaces may be provided for compact cars with such spaces not less than nine (9) feet in width and sixteen (16) feet in length, and marked for compact cars. Spaces for the handicapped shall meet State standards.

D.

All single-family dwellings shall have a covered off-street parking area of not less than four hundred (400) square feet. Each parking area shall have a width of not less than twenty (20) feet and a depth of not less than twenty (20) feet, exclusive of aisles or drives.

E.

Dwellings, including multi-family dwellings, boarding and lodging houses, fraternities and sororities, shall have all required parking facilities on the same lot or building site.

F.

All garages and carports in an R zone facing a side street shall maintain a minimum setback of twenty (20) feet from property line to face of garage or carport.

G.

Parking lot lighting shall be deflected away from abutting sites so as not to cause annoying glare to such sites.

H.

No commercial repair work or servicing of vehicles shall be conducted on a parking site.

I.

The parking area, aisles and access drives shall be paved and shall be so graded and drained as to dispose of surface water, subject to City standards and the approval of the City Engineer.

A.

A recreational vehicle is defined as any self-propelled motor vehicle licensed for on-street use, non-motorized vehicle, or those vehicles towed by a motor vehicle, that may include but not be limited to: travel trailers; chassis-mounted campers; motor homes; tent trailers; converted buses; jet skis; wave runners; snowmobiles; boats, ATVs; motocross bikes; work-related trailers; and the like. Any recreational vehicle stored and/or parked on a trailer is considered one (1) recreational vehicle.

B.

Recreational vehicle storage shall mean the keeping for a continuous period of more than seventy-two (72) hours on a residential lot without movement of said vehicle.

C.

Parking of recreational vehicles on a public street shall be subject to Fowler Municipal Code Section 4-4.204—Parking for More Than 72 Hours.

D.

No recreational vehicle shall be stored in any "R" zone, except to the rear of a required front yard or street side yard setback, within an area enclosed by a solid wall or fence not less than five (5) feet nor more than six (6) feet in height, or within a garage or carport.

E.

All such vehicles and equipment stored or parked shall be in good repair and in good condition. The owner of a recreational vehicle shall not park or store such vehicle in such a manner as to create a dangerous or unsafe condition on the property where parked or stored. The ground under and surrounding any parked recreational vehicle shall be kept free of undergrowth, litter, or debris.

F.

Recreational vehicles shall not be used as an accessory structure as defined in the Zoning Ordinance. No recreational vehicle shall be used for the storage of goods, material, or equipment other than those items required for its intended purpose.

G.

Recreational vehicles are not to be occupied or used for living or sleeping while parked or stored; provided guests of the owner may occupy one (1) recreational vehicle in addition to those permitted herein to be parked on private property only for not more than seven (7) days consecutively or fourteen (14) days in any calendar year.

H.

Recreational vehicles are exempt from these requirements for a maximum of eight (8) hours within any twenty-four-hour period for the purpose of loading and unloading.

I.

Nonresidential Zones.

1.

An operable recreational vehicle may be parked for storage in all nonresidential zones, where the vehicle belongs to the property owner or the property owner provides written permission as follows:

2.

No commercial parking of recreational vehicles is allowed unless otherwise permitted by the underlying zone district.

3.

Parking is permitted inside any enclosed structure that otherwise conforms to the zoning requirements of the particular zone where located.

4.

Parking is permitted outside in a side yard or rear yard, provided the recreational vehicle is not nearer than five (5) feet to the rear lot line.

5.

Parking is permitted only for storage, and any recreational vehicle shall not be used for dwelling purposes; connected to sewer lines, water lines, or electricity except for a temporary connection for maintenance; or used for storage of goods, materials, or equipment other than that considered to be part of the unit.

6.

A recreational vehicle may be parked temporarily anywhere on the premises during loading or unloading or preparing for use.

7.

The recreational vehicle shall not block access or occupy any required parking space.

In connection with every building or part thereof, loading space shall be provided and maintained on the same parcel with such building, as follows:

A.

Having a gross floor area of four thousand (4,000) square feet or less: no requirement.

B.

Having a gross floor area between four thousand one (4,001) and forty thousand (40,000) square feet: at least one (1) off-street loading space.

C.

For uses greater than forty thousand (40,000) square feet: one (1) additional off-street loading space for each thirty thousand (30,000) square feet or major fraction thereof of gross floor area, to a maximum of five (5) loading spaces.

A.

In addition to new construction, the provisions of this chapter shall also apply to buildings erected or reconstructed after the date of amendment of this ordinance so as to add more than five hundred (500) square feet of usable floor space to the building in the aggregate.

B.

No loading space shall be required with construction of a new building or addition on a lot on which there is an existing lawfully maintained building located so as to prevent the construction of a loading space or access required by the provisions of this chapter.

C.

No building shall be erected or structurally altered so as to reduce any existing space reasonably available for loading and unloading, unless there shall remain upon said lot the loading space required by this chapter.

D.

Every required loading space shall have a minimum length of forty (40) feet, a minimum width of twelve (12) feet, and a minimum vertical clearance of fourteen (14) feet.

E.

On lots less than forty (40) feet in width, the required loading space may be reduced to less than four hundred (400) square feet; provided that in case of such reduction, the required loading space shall extend across the entire width of the lot parallel to the alley line or street line, but need not exceed ten (10) feet in depth.

F.

The required loading space may be within a building.

G.

No off-street loading space shall be required where buildings are served by a public alley.

H.

A loading space may occupy a rear or side yard, except such portion required to be landscaped.

I.

Where a loading area is adjacent to a residential zoning district, loading shall be done only between the hours of 8:00 a.m. and 6:00 p.m., unless the loading area is located not less than one hundred (100) feet from the nearest residential building, or is completely enclosed.

A.

Where any parking lot or area abuts property in any R zone, it shall be separated from such property by a screen fence or wall not less than six (6) feet high; provided that such screen fence or wall shall be forty-two (42) inches high from the front property line to a depth equal to the required front yard on the abutting R zone property.

B.

At all points along streets or sidewalks (excepting points of access to the parking lot or area), a concrete curb or timber barrier not less than six (6) inches high shall be installed and maintained.

C.

Where any parking lot or area abuts property in any R zone, no lights or reflectors erected on the parking lot shall be permitted to shed light onto the property in such R zone.

The submission of any plan for off-street parking facilities shall be accompanied by a landscape plan as part of the site plan review process. All off-street parking facilities shall conform with the following standards, but not limited to:

A.

A plot plan indication the location of all landscaping shall be submitted for approval.

B.

Not less than five (5) percent of a parking lot comprising up to twenty parking spaces shall be landscaped and continuously maintained.

C.

Not less than ten (10) percent of a parking lot comprising more than twenty parking spaces shall be landscaped and continuously maintained.

D.

Not more than ten (10) consecutive parking stalls shall be allowed without an approved landscaped tree well of twenty (20) square feet or more.

E.

A planting list shall be shown on the required plot plan to obtain a grading permit, or building permit, for the buildings for which the parking lot is provided, which planting list shall give the botanical and common names of the plants to be used, the sizes to be planted, the quantity of each, and the spacing to insure balance and design.

F.

The Director shall approve all landscaping plans within a parking area and shall have the right to require additional landscaping if he deems it necessary to improve the aesthetic character of the project.

Drive-through facilities require special consideration as their design can significantly impact vehicular circulation on a site. The following requirements apply to any use with drive-through facilities:

A.

Each drive-through lane shall be separated from the circulation routes necessary for ingress or egress from the property, or access to any parking space.

B.

Each drive-through lane shall be striped, marked, or otherwise distinctly delineated.

C.

The vehicle stacking capacity of the drive-through facility and the design and location of the ordering and pick-up facilities will be determined by the Director based on appropriate traffic engineering and planning data. The applicant shall submit to the City data addressing the following issues:

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.

D.

If parallel to and visible from a public street, the drive-through lane shall be appropriately screened with landscaping or other material so as to visually screen vehicles in the drive-through lane from the public right-of-way.

Where an existing use is expanded, the parking requirements of this article shall apply only to the addition. No existing use shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities, provided, however, that facilities being used for off-street parking and loading at the time of the adoption of this ordinance shall not be reduced to less than the number of spaces or reduced to less than the minimum standards prescribed in this chapter.

No existing off-street parking or loading space provided in compliance with this chapter shall be reduced in capacity or area without sufficient additional capacity or area being provided to comply with the regulations of this article.

Upon application or on its own initiative, the Commission may add a use to the list of permitted uses, uses permitted by Administrative Approval, or uses permitted subject to a Conditional Use Permit in any zone district, if the Commission makes the following findings:

A.

That the addition of the use will be in accordance with the purposes of the district in which the use is proposed.

B.

That the use has the same basic characteristics as the uses permitted, uses permitted by administrative approval, or uses permitted subject to a conditional use permit in the district.

C.

That the use will not be detrimental to the public health, safety or welfare.

D.

That the use will not create more traffic, noise, vibration,, glare, unsightliness or any other objectionable influence than the amount normally created by any similar use in the district.

When a use has been added to a list of permitted uses, uses permitted by administrative approval, or uses permitted subject to a conditional use permit, the Director shall compile a list of such uses for reference and such uses shall be added to the text of this ordinance when it is next published.

The provisions of this chapter shall not be construed to limit installation or maintenance of public utility pole lines, pipes, and conduits and mains, or require any use permit therefor.

A.

Height of a building or playground structure shall be measured along the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof, or to the highest point of a playground structure.

B.

Roof structures for housing elevators, stairways, tanks, ventilating fans or similar equipment, and fire or parapet walls, skylights, towers, flagpoles, chimneys, antennas, or similar structures may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space.

Multi-family dwellings or group houses may be oriented so as to front or rear upon either side yard. In this case, the following regulations shall apply:

A.

When such dwellings rear upon a side yard, the required width of such side yard shall be increased by five (5) feet. Not less than five (5) feet of the width of the required side yard shall be completely free of structures.

B.

When such dwellings front upon a side yard, the required width of such side yard shall be not less than ten (10) feet.

A.

Accessory structures in Residential Zones shall be incidental to and not alter the residential character of the subject site.

B.

A building permit shall be required for any accessory structure over one-hundred twenty (120) square feet in area.

C.

Accessory structures roof lines or eaves shall not extend into adjacent property.

D.

Attached Structures. Accessory structures constructed less than six (6) feet from the main structure shall:

1.

Be compatible with and made structurally a part of the main structure (e.g., share a common wall with the main structure, rely partially on the main structure for structural support, or be attached via a breezeway to the main structure).

2.

Comply with the requirements applicable to the main structure, including coverage, height, and setbacks.

3.

The roof shall be the same material and pitch as the main structure.

4.

Be compatible with the materials, texture, finish and colors of the main structure.

5.

Accessory structures physically attached to the main structure and not visible from the front lot line shall be exempt from subsections 3 and 4.

E.

Detached Structures. Accessory structures constructed six (6) feet or more from the main structure shall:

1.

Not exceed the allowable site coverage for the zone district.

2.

Not exceed a building plate height of twelve (12) feet and an overall building height of sixteen (16) feet.

3.

Not exceed a maximum of six-hundred (600) square feet.

4.

The roof shall be the same material and pitch as the main structure.

5.

Be compatible with the materials, texture, finish and colors of the main structure.

6.

Not be located any closer to the rear property line than as shown below:

F.

Outdoor fireplaces, playground structures, and structures determined to be similar by the Director shall:

1.

Not be located any closer than four (4) feet from the side property line if located within the rear one-third of a lot.

2.

Not be located any closer than four (4) feet from the rear property line.

3.

Outdoor fireplaces shall not exceed a total height of six (6) feet.

4.

Playground structures shall not exceed a total height of twelve (12) feet.

5.

Such structures shall occupy no more than twenty (20) percent of the length of the required rear yard, measured between side lot lines.

G.

Exceptions:

1.

Subject to an Administrative Approval (Section 9-5.24) accessory buildings or structures may:

i.

Be allowed to exceed a building plate height of twelve (12) feet, but not exceed the overall building height of the main structure.

ii.

Be allowed to exceed six-hundred (600) square feet.

(Ord. No. 2020-06, § 1, 11-17-2020; Ord. No. 2021-06, § 2, 12-7-2021; Ord. No. 2023-04, § 1, 4-18-2023)

A.

On an existing through lot, a front yard shall be provided on each street frontage except where a waiver of access to one of the frontages applies.

B.

The creation of new residential through lots is prohibited.

A.

Stairways, stair landings and balconies may extend into the required front yard not more than three (3) feet, provided that all such structures shall be open, and without roofs, except for lattice type guard railings. Structural supports for stairways and landings may be enclosed.

B.

Fire escapes, required by law, ordinance or regulations of a public agency, may project into any front, side or rear yard not more than four (4) feet.

C.

Depressed ramps or stairways and their supporting structures, designed to permit access to parts of buildings below average ground level, may extend into any required yard not more than forty-two (42) inches.

A.

Uncovered porches, platforms or landing places that do not extend above the level of the first floor of the building, may extend into required yards as follows:

1.

Into front yards not more than six (6) feet;

2.

Into side yards and rear yards not more than five (5) feet.

B.

Lattice type guard railings or walls, of not more than three (3) feet in height, may be installed or constructed on such structures.

C.

Eaves, sills, cornices, belt courses, buttresses or similar architectural features, fireplaces not exceeding eight (8) feet in width, and planting boxes, may extend or project no closer than three (3) feet from the side lot line, and may extend or project into the required front yard not more than three (3) feet.

A.

Normal Corner Lots.

1.

Along the side lot line of the street or alley side.

a.

Anywhere within any required front yard area. Fences and walls shall be fifty (50) percent or more open and shall not exceed a maximum height of forty-two (42) inches.

b.

Anywhere along the side lot line measured from the rear lot line to the beginning of the front yard area. Fences and walls shall not exceed six (6) feet in height; provided, however, if a garage or carport is constructed with entrance from the side street, the fence or wall shall not exceed forty-two (42) inches in height from the carport to the front line.

B.

Reverse Corner Lots.

1.

The same height restrictions shall apply as described for normal corner lots.

2.

Hedges, trees and architectural features may be located in front yards and front the side lot lines adjacent to the front yard and along the street side, side yard, from the main structure to the front lot line and to the rear lot line, provided they are maintained in such a manner as not to create a hazard to life or limb to pedestrians or vehicular traffic.

C.

When there is a difference in the ground level between two (2) adjoining lots, the height of any wall or fence constructed along any property line shall be determined by using the level lot line of the highest contiguous lot.

D.

Barbed Wire, Razor Wire, Electrified Fences, and Electrified Security Fences.

1.

The use of barbed wire, razor wire, electrified fencing, or electrified security fencing is prohibited in the City except as authorized in subsections 2 and 3 herein, or unless otherwise required by any law enforcement agency or regulation of the State of California or any agency thereof.

2.

The installation and use of barbed wire or razor wire fencing may be allowed in the M-1 (Light Industrial), M-2 (Heavy Industrial), and RCO (Resource, Conservation, Public Use, and Open Space) zones upon Administrative Approval, and may be allowed in any commercial zone district subject to the approval of a conditional use permit and any conditions imposed by the planning commission or city council.

3.

Electrified security fencing meeting the definition in Civil Code section 835, and all other electrified fencing of any nature, is prohibited in the City.

(Ord. No. 2019-03, § 2, 8-20-2019)

Where more than fifty (50) percent of the lineal frontage of lots improved with residential buildings within any block is comprised of lots with less than the minimum front yard requirement, then the minimum front yard for other residential buildings in such block shall be reduced to the average of the actual front yards of all of the lots in such block improved with residential buildings; those lots that have front yards of greater depth than the minimum requirement shall be counted as having the minimum requirement.

If any land, right-of-way or easement is taken by eminent domain, or is granted to the condemner under actual threat of suit of eminent domain, the following provisions and exceptions shall apply:

A.

If the lot area is reduced below the minimum requirement, such lot shall be deemed to be a legal substandard lot, and any existing building or structure thereon shall be deemed to be nonconforming.

B.

If a required yard is reduced or eliminated thereby, any affected building or structure shall be deemed nonconforming; provided, however, that such building or structure may be structurally altered or enlarged as long as such alterations or enlargements comply with all other requirements of the zoning district.

C.

If any required parking space on a lot is reduced or eliminated thereby, the provisions of Chapter 9-5.20 shall not be construed to require the replacement of the required parking space.

Whenever this ordinance requires landscaping, the following standards of design, installation and maintenance shall be observed:

A.

When property is undeveloped at the time landscaping requirements are imposed, all required landscaping shall be provided and maintained prior to the time a main building is occupied or when any open use, other than agricultural, occurs on the property.

B.

All vegetation shall be provided with a permanent source of water by means of on-site water sprinklers or a flood irrigation system. The irrigation plan shall indicate the type of heads, pipe size, valve size, backflow valve and water supply size and source.

C.

Landscaping provided in conjunction with any use requiring a site plan shall be generally designated on the site plan. Prior to the issuance of any building permit, a detailed landscape planting, irrigation, and grading plan (as appropriate) shall be submitted that shall show the location, size, and variety of all plantings, water supply, contours and similar designations as the Director may require.

D.

All vegetation shall be maintained free of physical damage from lack of water, excess chemical fertilizer or other toxic chemical, or disease, and vegetation that shows signs of such damage shall be replaced by the same or similar vegetation of a size and character that will be comparable at full growth.

E.

Landscaping shall be kept free from weeds and litter.

F.

Every property owner or occupant shall be responsible for the maintenance and care of all trees, shrubs, plants, and vegetation in the street right-of-way abutting such property.

G.

Except as otherwise provided by this ordinance, all required yards shall be landscaped. Each commercial and industrial parcel of land or lot shall have a minimum of one (1) medium-sized tree for every four (4) parking spaces.

H.

Parking Lot Shading. The following provisions shall apply in all P and C districts. For new uses, fifty (50) percent of paved parking lot surfaces shall be shaded by tree canopies within fifteen (15) years of planting. This requirement may be reduced for existing development if it is demonstrated that the constraints of an existing site would make it impossible to meet the normal standard. The requirement for parking lot shading for existing development shall apply if new construction or remodeling results in an addition of two thousand five hundred (2,500) square feet or more. The amount of shading required for existing development shall be determined during the Site Plan Review process but shall be in keeping with the intent of the section.

1.

A "paved parking lot" shall include parking stalls, driveways, and maneuvering areas.

2.

A landscaping plan that details compliance with the Parking Lot Shading standard is required. The plan shall show:

a.

All landscaped areas.

b.

The total area in square feet of the paved parking lot, driveways, and maneuver areas: and the area shaded by tree canopies. A schedule listing total parking area, shaded area, and the percentage of parking area shaded should be included.

c.

A schedule of the specific names of proposed trees and their sizes.

3.

Shaded areas shall be assumed to be only those portions of a paved parking lot directly beneath the shading canopy or drip line.

4.

Any portion of a paved parking lot shaded by a man-made structure shall be subtracted from the area of the parking lot to be shaded.

5.

Trees planted along the perimeter of a lot may be counted as providing shade for the full area of their canopy.

6.

A ten (10) percent minor deviation of the shading standard may be approved by the Director if it is found that the normal standards would impose an undue hardship.

I.

Whenever any person neglects to conform to this ordinance concerning any landscaping or landscaped area, the Director may require upon thirty (30) days' written notice, such compliance. In the event noncompliance continues, the Director may cause work to be done to bring the landscaping or area into compliance. The work and plantings and a lien therefore shall be accomplished as provided for in the Fowler Municipal Code.

(Ord. No. 2022-08, § 3, 10-4-2022)

A.

The purpose of this section is to allow the private installation of dish-type satellite antenna within the City. This section does not apply to small satellite dishes installed by subscription satellite television providers.

B.

Definition. The definition for the term "dish-type satellite antenna" is:

A satellite station consisting of a disc or similar configuration whose purpose is to receive television signals from satellites or other sources, and a low-noise amplifier to magnify television signals.

C.

Residential Installation Criteria. The installation of dish-type antenna may be permitted in all UR, R, and RM districts subject to the following criteria:

1.

Antenna size: Maximum diameter to be twelve (12) feet.

2.

Setbacks:

Rear—15 feet from center of dish

Side—10 feet from center of dish

Street side—15 feet from center of dish

Front—dish must be screened from view if located behind setback front yard area.

3.

Height: Maximum height to be thirteen (13) feet, roof-mounted installations are prohibited.

4.

Number: One (1) dish-type satellite antenna per site. This shall be in addition to normal television and radio antenna.

D.

Commercial Installation Criteria. The installation of dish-type satellite antenna may be permitted in all C and M districts subject to the following criteria:

1.

Installations shall be subject to Site Plan Review.

2.

Installations shall not be permitted within required front and street-side landscape areas.

3.

Installations shall, by location and design, minimize visibility from adjoining properties and right-of-way.

4.

Display of antennas on trailers or at other temporary locations on the site will be considered as open display of merchandise and shall be visually screened.

A.

Permits Required. No person shall permit the placement, construction, or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this section. Recycling facilities may be permitted as set forth in the following table:

Reverse Vending Machine(s)
Zones: All Commercial
Permit: Administrative Approval

Small Collection
Zones: C-3, M-1, M-2
Permit: Admin Approval

Large Collection
Zones: C-3, M-1, M-2
Permit: CUP

Light Processing
Zones: C-3, M-1, M-2
Permit: CUP

Heavy Processing
Zones: M-1, M-2
Permit: CUP

B.

Review Criteria. The Council is hereby empowered to adopt by resolution specific criteria and guidelines for review of applications for recycling facilities.

A.

Service stations that become vacant or cease operation beyond one hundred eighty (180) days shall be required to remove all underground storage tanks, gasoline pumps and pump islands, and remove freestanding canopies. In order to prevent said action, the owner must supply the Director with written verification prior to the 180th day from time operations ceased, that operation of the station will commence within thirty (30) days of the date of the written correspondence. If the service station is to resume operation after one hundred eighty (180) days, a site plan application shall be required to ensure that facilities will be reasonably maintained.

A.

The purpose of this section is to regulate temporary land use activities that may adversely affect the public health, safety and welfare. These provisions apply on both public and private property.

B.

The Director may require submittal of a plot plan showing the layout of the proposed temporary use and other appropriate issues.

C.

The Director shall approve or deny such request and may establish conditions including, but not limited to, hours of operation, parking, signing and lighting, traffic, site improvements, and other measures. The Director also may require a cash deposit or bond to defray costs of cleanup if the applicant fails to leave the property in a satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject district.

D.

An application for a Temporary Use Permit shall be required for the following activities:

1.

Parking lot and sidewalk sales—for businesses located within a C district or the Form-Based Code District.

2.

Outdoor art and craft shows and exhibits—subject to not more than fifteen (15) days of operation or exhibition in any ninety-day period.

3.

Seasonal retail sale of agricultural products raised on the premises, limited to periods of ninety (90) days in a calendar year and when parking and access is provided to the satisfaction of the Director.

4.

Farmers markets—seasonal sale of agricultural products raised off-site when parking and access is provided to the satisfaction of the Director.

5.

Religious, patriotic historic, or similar displays or exhibits—within parking areas, or landscaped areas, subject to not more than fifteen (15) days of display in any ninety-day period for each exhibit.

6.

Christmas tree, pumpkin, or similar sales—subject to the following:

a.

All such uses shall be limited to thirty (30) days of operation per calendar year.

b.

All lighting shall be directed away from and shielded from adjacent residential areas.

7.

Circuses, carnivals, rodeos, pony riding, or similar traveling amusement enterprises—subject to the following:

a.

All such uses shall be limited to not more than fifteen (15) days, or more than three (3) weekends, of operation in any one hundred eighty-day period. To exceed this time limitation shall require the review and approval of a Conditional Use Permit.

b.

All such activities shall have a minimum setback of one hundred (100) feet from any residential area. This may be waived by the Director if no adverse impacts would result.

c.

Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Director.

d.

Restrooms shall be provided.

e.

Security personnel shall be provided.

f.

Special, designated parking accommodations for workers and support vehicles shall be provided.

g.

Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the Director.

8.

Model homes. Model homes may be used as offices for the first sale of homes within a recorded tract subject to the following conditions:

a.

The sales office may be located in a garage, trailer or dwelling.

b.

Approval shall be for two (2) years or until ninety (90) percent of the development is sold, whichever is less, at which time the sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the Director in one-year increments up to a maximum of four (4) years

c.

A cash deposit or any security determined satisfactory to the City shall be submitted to ensure the restoration or removal of the structure.

d.

Failure to terminate the sales office and restore the structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of the structure.

e.

Street improvements and temporary off-street parking at a rate if two (2) spaces per model shall be provided prior to commencement of sales activities or the display of model homes.

f.

Flags, pennants, or other on-site advertising shall be regulated pursuant to Article 22.

9.

Trailer coaches or mobilehomes—on active construction sites for use as a temporary living quarters for security personnel, or temporary residence of the subject property owner. The following restrictions shall apply:

a.

The Director may approve a temporary trailer for the duration of the construction project or for a specified period, but in no event for more than two (2) years. If exceptional circumstances exist, a one-year extension may be granted, provided that the building permit for the first permanent dwelling or structure on the same site has also been extended.

b.

Installation of trailer coaches may occur only after a valid building permit has been issued.

c.

A recreational vehicle being defined as a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, shall not be permitted pursuant to this section.

d.

Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted.

10.

More than two (2) garage sales in a calendar year at any one (1) address.

11.

Temporary Use of Structures. Temporary uses within a structure that otherwise require a Conditional Use Permit may be processed as an administrative matter by the Director. The Director may, however, refer such application to the Commission for consideration.

a.

Use permits granted pursuant to this section shall be for a fixed period not to exceed thirty (30) days for each temporary use not occupying a structure, including promotional enterprises, or six (6) months for all other uses or structures.

b.

Opening and closing times for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. A security officer may be required for promotional events.

c.

Reasonable time limits for other uses may be set by the Director.

E.

The Director is authorized to review applications and to issue temporary permits, subject to the following conditions:

1.

Appropriate directional signing, barricades, fences or landscaping shall be provided where required.

2.

Off-street parking facilities shall be provided on the site of each temporary use as prescribed by the Director.

3.

Upon termination of the temporary use permit, or abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to their original condition.

4.

Applicants for a temporary use permit shall have all applicable licenses and permits prior to issuance of a conditional use permit.

A.

The purpose of this section is to allow, in limited cases, the conversion of garages and carports for living space. Such conversion is acceptable subject to review of off-street parking and compatibility with surrounding development.

B.

Provisions of this section shall only apply in cases as follows:

1.

The site is being used as a single-family detached residence.

2.

That a replacement covered parking area of a minimum of four hundred (400) square feet, with a minimum width of twenty (20) feet, be provided without encroaching on required front or side yard setbacks.

3.

That the area converted shall be used as part of the main dwelling and shall not be used as a separate dwelling unit.

4.

That the area to be converted shall be subject to all applicable building code requirements.

5.

That the site be owner occupied and that such ownership shall have been in effect for a minimum of twelve (12) months prior to approval of a conversion under this ordinance.

C.

All applications for garage or carport conversions shall be subject to administrative approval pursuant to Chapter 9-5.24.

D.

Garage or carport conversions are subject to the following criteria:

1.

The garage door shall be removed from the structure, except when the applicant is retaining one parking stall to a standard width and length that would also be perpendicular with the garage door. The exterior elevation of the conversion shall be compatible in design with the existing dwelling.

2.

Provision for buffering, such as a planter, shall be provided between the converted carport or garage and the remaining parking area.

3.

The remaining parking area shall have a minimum depth of twenty (20) feet from property line with access to be approved by the Director.

A.

The purpose of this section is to provide for the following:

1.

To allow, in limited cases, the operation of bed and breakfast facilities; and

2.

To regulate such operations for the protection of the general health, safety and welfare.

B.

Definition - Bed and Breakfast Inn. A single-family dwelling that is residential in character, containing three (3) to six (6) guest rooms offering overnight accommodations for rent, wherein breakfast is customarily included in the lodging rate.

C.

Process. Applications for bed and breakfasts shall require a Conditional Use Permit pursuant to Article 25.

D.

Development Criteria. Bed and breakfasts are permitted in R, RM, and C-2 zoned areas. The following development criteria shall be met:

1.

All standards of the underlying zoning district shall apply.

2.

One (1) additional off-street parking space shall be provided for each room available for lodging. Tandem parking may not be used to meet this requirement.

3.

The owner of the facility shall reside on site.

4.

No person paying rent for lodging shall occupy a guest room for more than fourteen (14) consecutive nights.

5.

The scale and appearance of the bed and breakfast shall remain primarily residential in character.

6.

One (1) externally lit sign shall be allowed, either wall mounted or freestanding, and shall not exceed six (6) square feet in area. Freestanding signs shall not exceed five (5) feet in height.

7.

Bed and breakfasts shall be operated by the permanent occupants of the premises. No more than two (2) persons not residing on the premises shall be employed. One (1) additional parking space shall be provided for employees.

A.

There shall be a corner cutoff area at all intersecting streets. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or alley.

B.

There shall be a corner cutoff area on each side of a private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than ten (10) feet from the edges of the driveway where it intersects the street or alley right-of-way.

C.

There shall be a corner cutoff area on each side of an alley intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than ten (10) feet from the edges of the alley where it intersects the street or alley right-of-way.

D.

Where, due to an irregular lot shape, a line at a forty-five (45) degree angle does not provide for intersection visibility, such corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty (30) feet from the intersection of the side and front (or rear) property lines and through a point on the side and front (or rear) property lines.

A.

It is the purpose of this chapter to allow manufactured homes to be placed on individual lots in the R and RM districts. The manufactured home shall not change the provisions of the existing district, but will provide for permanent manufactured homes under development standards to assure compatibility within the block in the district.

A.

"Block" means all property fronting on one (1) side of a street between street intersections, railroad rights-of-way or city boundaries, or terminated by a dead end.

B.

"Manufactured Home" means:

1.

A structure, transportable in one (1) or more sections, that is eight (8) feet or more in width, and at least thirty-two (32) feet in length; and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to required utilities;

2.

A living unit built to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974, constructed after October 1976.

C.

"Site development review" consists of a plot plan and any other information as required on the site plan application form necessary for the evaluation of compatibility of the manufactured home.

D.

"Compatible" means that the manufactured home is capable of being efficiently integrated in the neighborhood without altering the neighborhood's overall appearance.

A.

Permitted Uses. All uses listed as permitted uses in the existing district.

B.

Conditional Uses. All uses listed as conditional uses in the existing district, subject to the approval of a conditional use permit.

C.

Space Between Buildings. The minimum distance between manufactured homes and accessory buildings shall be the same permitted under the existing district.

D.

Signs. No signs shall be permitted except as permitted within the existing district.

E.

Off-Street Parking. Off-street parking shall be provided on-site for each manufactured home lot as required under the existing district.

F.

Fences, Walls, and Hedges. Fences, walls, and hedges shall comply to the same requirements of the existing district.

G.

Buildable Area. The maximum lot coverage shall be as required within the existing district.

H.

Lot Area. The minimum lot area shall be as required within the existing district.

I.

Frontage, Width and Depth of Lot. The minimum frontage, width and depth requirements shall be as required within the existing district.

J.

Not more than one (1) dwelling unit shall be allowed on each lot, except as provided within the existing district, or as otherwise allowed by sections 9-5.21.211, et seq., for Accessory Dwelling Units.

K.

Yard Requirements. Yard requirements shall be the same as required with the existing district.

L.

Building. The maximum height of structures shall be as provided within the existing district.

(Ord. No. 2017-01, § 3, 6-6-2017)

A.

Finish Floor Elevation. All manufactured homes shall be installed on a foundation at the same finish floor elevation compatible with existing standards established within the block in the existing district, and complying with all standards of the California Building Code, approved by the Building Official.

B.

Foundations. All manufactured homes shall be installed on a permanent foundation in accordance with City building codes; State of California Housing and Community Development regulations or a foundation designated by an engineer, licensed within the State of California. The approved method of securing the manufactured home to a permanent foundation shall be detailed when submitting plans.

C.

Roof Pitch. All manufactured homes shall have a roof pitch of not less than three-inch vertical rise for each twelve (12) inches of horizontal run, or not less than what is compatible within the block in the existing district.

D.

Roofing Material. All manufactured homes shall have a roof of material customarily used for conventional dwellings, compatible with roofs within the block in the existing district.

E.

Roof Overhang. All manufactured homes shall have a roof overhang compatible with roof overhangs within the block as in the existing district.

F.

Exterior Material. All manufactured homes shall be covered with an exterior material customarily used on conventional dwellings, similar and compatible within the block in the existing district. The exterior covering material shall extend to the ground, except that when a perimeter foundation is used, the exterior covering need not extend below the top of the foundation.

G.

Minimum Width of Manufactured Home. All manufactured homes shall have a minimum width of twenty (20) feet, or be compatible with existing conventional dwellings within the block in the district.

H.

Alterations. The manufactured home shall not have been, or shall not be altered in violation of applicable codes; any manufactured home altered shall not be allowed to be located into the existing district unless certified by the State Department of Housing and Community Development prior to the issuance of a permit by the Building Official.

I.

Certification. All manufactured homes shall be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 USC Section 5401 et seq.).

J.

Residential Use. All manufactured homes shall be occupied only as a single-family, residential unit.

K.

Utility Connections. All manufactured home utility connections shall be installed in a manner applicable to a permanent single-family residential structure in the existing district.

L.

Accessory Buildings. All manufactured home accessory buildings such as detached garages, carports, patios or accessory buildings shall conform to all requirements of the California Building Code or State Department of Housing and Community Development requirements.

M.

Wheels and Axles. All tow bars, wheels and axles shall be removed when the manufactured home is installed on a residential lot, so as to be compatible with structures within the existing district.

N.

Fees. All manufactured homes shall be subject to all fees required for new single-family dwellings as adopted by the City.

O.

Modifications. No modifications shall be granted to a manufactured home unless approved by the State Department of Housing and Community Development and the Building Official for the City.

P.

Site Plan Review. No manufactured home shall be constructed until a site plan has been approved as prescribed in Chapter 9-5.27.

Q.

Permits. Prior to the installation of a manufactured home on a permanent foundation, the owners of the manufactured home or a licensed contractor shall obtain a building permit.

R.

Surrender of Registration. Subsequent to applying for building permits, and prior to occupancy, the owner shall request a certificate of occupancy be issued pursuant to Section 18557(a) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership, and certification of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any manufactured home permanently attached to a foundation must bear a California insignia or federal label, pursuant to Section 18550(b) of the Health and Safety Code.

S.

Appeals. Any decision made by City officials on the compatibility of a manufactured home within a block in any district pursuant to this chapter may be appealed by the applicant or an aggrieved party to the Commission.

This section meets the requirements of State law in providing for Residential Accessory Dwelling Units on lots developed or proposed to be developed with single-family dwellings in single-family and multi-family residential zones, and to meet the special housing needs of extended families.

(Ord. No. 2017-01, § 2, 6-6-2017)

The provisions of this section apply to all lots that are occupied with a single-family dwelling unit and zoned residential. Residential Accessory Dwelling Units do not exceed the allowable density for the lot upon which the Residential Accessory Dwelling Unit is located, and are a residential use that is consistent with the existing general plan and zoning designation for the lot.

(Ord. No. 2017-01, § 2, 6-6-2017)

A.

"Accessory Dwelling Unit" ("ADU") is a type of Residential Accessory Dwelling Unit that can be either an attached or detached unit which provides complete independent living facilities for one (1) or more persons. It includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary Single-Family Dwelling Unit is situated. An ADU also includes:

1.

An efficiency unit as defined in Health and Safety Code section 17958.1; and

2.

A manufactured home as defined in Health and Safety Code section 18007.

B.

"Junior Accessory Dwelling Unit" ("JADU") is a type of Residential Accessory Dwelling Unit that is no more than five hundred (500) square feet in size and is contained entirely within an existing primary Single-Family Dwelling Unit. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary Single-Family Dwelling Unit.

(Ord. No. 2017-01, § 2, 6-6-2017)

A building permit shall be granted ministerially for a use to be known as an "Accessory Dwelling Unit" within an existing space including the primary structure, an attached or detached garage, or other accessory structure on the same lot provided all of the following standards are met:

• The ADU meets all building, health and safety codes for the structure;

• It has a separate, independent exterior entrance from the existing primary Single-Family Dwelling Unit; and

• It has sufficient side and rear setbacks for fire safety.

A.

Accessory Structures - General

1.

The ADU is not intended for sale separate from the primary Single-Family Dwelling Unit and may be rented.

2.

The ADU shall have at least three hundred (300) square feet of floor space.

3.

The increased floor area of an attached ADU shall not exceed fifty (50) percent of the existing living area, with a maximum increase in the floor area of one thousand two hundred (1,200) square feet.

4.

The total area of floor space for a detached ADU shall not exceed one thousand two hundred (1,200) square feet.

5.

No setback shall be required for an existing garage that is converted to an ADU; however, a setback of up to five (5) feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.

6.

No fire sprinklers will be required for the ADU if they are not required for the primary residence, in which case, alternative methods for fire protection may be employed.

7.

Where a private sewage disposal system is used, approval by the local health officer may be required.

8.

The ADU shall be a complete, separate independent living unit, with kitchen and bathroom facilities.

9

The ADU shall have a separate entrance located on either the building side or rear and not visible from the street front area.

10.

Only one (1) ADU may be created on a single-family lot.

11.

All ADUs shall clearly be subordinate in size, appearance, and location when compared with the primary Single-Family Dwelling Unit.

12.

Both attached and detached ADUs shall be architecturally compatible, having similar materials and style of construction, with the Primary Dwelling Unit and shall be consistent with the residential neighborhood character.

13.

The ADU together with the primary Single-Family Dwelling Unit shall not cause the lot coverage for the subject site to exceed the lot coverage of the applicable zone district.

14.

The design and size of the ADU shall conform to all applicable health, safety, building, and related codes.

15.

Adequate provisions shall be made for water and sewer service and drainage generated by occupancy of the ADU as determined by the City Engineer and City Building Official. If the ADU is in a detached structure, it shall have separate services for water, sewer, gas, and electric.

16.

The development of the ADU shall be subject to the property development standards for the primary Single-Family Dwelling Unit of the zone district in which the ADU is located.

17.

A primary Single-Family Dwelling Unit shall exist on the site and be occupied prior to or concurrently with occupation of the ADU. The property owner shall reside in either the primary Single-Family Dwelling Unit or the ADU.

B.

Parking

1.

ADU parking is not required in the following instances:

a.

The ADU is located within one-half mile of public transit, including transit stations and bus stations.

b.

The ADU is located within an architecturally and historically significant area.

c.

The ADU is part of an existing primary residence or an existing accessory structure.

2.

When a garage, carport, or covered parking structure is demolished or converted to accommodate an ADU, and the Director requires replacement parking, any such parking may be located in any configuration on the same lot as the ADU.

3.

Where parking is required, one (1) parking space for the ADU shall be available for use by the occupants of the ADU. Off-street parking spaces shall be in conformance with applicable City standards.

4.

Off-street parking shall be permitted in setback areas in locations determined by the Director or through tandem parking, unless specific findings are made that such parking is not feasible because of specific site or regional topographic or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

(Ord. No. 2017-01, § 2, 6-6-2017)

A building permit shall be granted ministerially for a use to be known as a "Junior Accessory Dwelling Unit" within an existing primary Single-Family Dwelling Unit if the following general conditions are met.

A.

Conditions

1.

Only one ADU or JADU may be located on any residentially zoned lot that permits a single-family dwelling, except as otherwise regulated or restricted by an adopted Master Plan or Precise Development Plan. A JADU may only be located on a lot that already contains a single-family primary Single-Family Dwelling Unit.

2.

The owner of the parcel proposed for a JADU shall occupy as a principal residence either the primary Single-Family Dwelling Unit or the JADU, except when the home is held by an agency such as a land trust or housing organization as part of a plan to create affordable housing.

3.

A JADU shall not be sold independently of the primary Single-Family Dwelling Unit on the parcel.

4.

A deed restriction, as described in section B below, shall be recorded against the parcel and shall run with the land.

5.

A JADU must be created within the existing walls of a primary Single-Family Dwelling Unit and must include conversion of an existing bedroom.

6.

A JADU shall be a maximum unit size of five hundred (500) square feet of floor space.

7.

A separate exterior entry shall be provided to serve a JADU located on either the building side or rear and not visible from the street front area.

8.

The interior connection to the living area in the primary Single-Family Dwelling Unit must be maintained, but a second door may be added for sound attenuation or privacy.

9.

The JADU shall include an efficiency kitchen, including and limited to:

a.

A sink with a maximum waste line diameter of one-and-a-half (1.5) inches;

b.

A cooking facility with appliance(s) that do(es) not require electrical service greater than one-hundred-twenty (120) volts, or natural or propane gas; and

c.

A food preparation counter and storage cabinets that are reasonable in size relative to the size of the unit.

10.

No additional setback shall be required for a JADU proposed to be constructed in a primary Single-Family Dwelling Unit.

11.

No additional parking is required beyond that required for the primary Single-Family Dwelling Unit.

B.

Deed Restriction: Prior to obtaining a building permit for a JADU, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder's Office, which shall include the restrictions and limitations set out herein. The deed restriction shall run with the land and shall be binding on any future owners, heirs or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that:

1.

The JADU shall not be sold separately from the primary Single-Family Dwelling Unit;

2.

The JADU is restricted to the maximum size of five hundred (500) square feet of floor space;

3.

The JADU shall be considered legal only so long as the owner of record of the property occupies either the primary Single-Family Dwelling Unit or the JADU, unless the home is owned by an agency such as a land trust or housing organization as part of a plan to create affordable housing; and

4.

The restrictions shall be binding upon any successor in ownership of the property and failure to comply with this provision may result in legal action against the property owner, including revocation of any right to maintain a JADU on the property.

(Ord. No. 2017-01, § 2, 6-6-2017)

Applications for permits for Residential Accessory Dwelling Units shall be filed with the Director in accordance with the following procedures:

A.

Applications for permits for Residential Accessory Dwelling Units shall be filed by the owner or owners of the property. If submitted by the owner's agent, the application shall be accompanied by written evidence of the agent's authority to submit the application and bind the owner to the terms of this Article.

B.

Such applications shall include the following:

1.

The address and assessor's parcel number for the property and, if necessary to process the application, a legal description.

2.

Documentation of ownership.

3.

Consent by the property owner to physical inspection of the premises.

4.

A statement that the owner will occupy one of the dwelling units on the premises.

5.

The size, indicating dimensions and square footage of the primary Single-Family Dwelling Unit and the proposed Residential Accessory Dwelling Unit.

6.

Location and description of water and sanitary services for both the primary Single-Family Dwelling Unit and the proposed Residential Accessory Dwelling Unit.

7.

A written description of the manner in which the Residential Accessory Dwelling Unit will be established. For example:

• Conversion of a garage or other portion of the existing primary Single-Family Dwelling Unit.

• Addition of a separate unit to the existing primary Single-Family Dwelling Unit.

• Creation of a detached structure in addition to the existing primary Single-Family Dwelling Unit.

8.

An accurate scale drawing of the site with property lines, required parking spaces, and driveways, showing:

a.

A north arrow.

b.

Lot dimensions and labels for all property lines.

c.

Siting of the primary Single-Family Dwelling Unit and the proposed Residential Accessory Dwelling Unit.

d.

Floor plans of the primary Single-Family Dwelling Unit and the proposed Residential Accessory Dwelling Unit.

e.

All other existing improvements.

f.

Exterior design, including architectural features of the primary Single-Family Dwelling Unit and the proposed Residential Accessory Dwelling Unit.

g.

Any other information the Director deems necessary to review the application.

C.

The application shall be accompanied by a fee established by the Director or Resolution of the Council in an amount sufficient to cover the City's costs for processing the application and ensuring compliance with this chapter.

D.

Residential Accessory Dwelling Units shall be permitted ministerially, in compliance with this chapter within one hundred twenty (120) days of application. The Director shall issue a building permit or zoning certificate to establish a Residential Accessory Dwelling Unit if all applicable requirements are met.

(Ord. No. 2017-01, § 2, 6-6-2017)

Residential Accessory Dwelling Units may be allowed in any residential zone district subject to the normal requirements of the district. Residential Accessory Dwelling Units shall not be allowed in nonresidential zone districts where residential uses are not permitted.

(Ord. No. 2017-01, § 2, 6-6-2017)

Notwithstanding the provisions of this section, where the existing primary Single-Family Dwelling Unit constitutes a legal nonconforming building or use, a Residential Accessory Dwelling Unit may be constructed only if the nonconformity is not expanded in any manner and the Residential Accessory Dwelling Unit meets all current applicable zone district standards.

(Ord. No. 2017-01, § 2, 6-6-2017)

A home occupation shall be considered the offering of a service or conduct of a business, or handicraft manufacture of products within a lawful dwelling that is clearly incidental to the use of the structure for residential purposes, and that does not change the character of the residential use.

A.

A home occupation shall be permitted by issuance of a home occupation permit by the Director and no business license shall be issued beforehand.

B.

Except as provided in Section 9-5.21.232, home occupation permits shall be processed as an administrative matter and no public hearing shall be required.

C.

A home occupation shall be clearly incidental to the use of a structure as a dwelling.

D.

A home occupation shall not be conducted in an accessory structure. There shall be no storage or display of equipment or products in an accessory structure or outside the dwelling.

E.

There shall be no sign of any nature identifying the home occupation.

F.

No person, other than a resident of the dwelling, shall be employed or subcontracted on the premises in the conduct of a home occupation.

G.

No commercial vehicles in excess of one-ton capacity shall be used to deliver materials to or remove materials from the premises.

H.

Not more than one (1) vehicle of not more than one-ton capacity used in connection with the home occupation shall be kept on the site. Any trailer, wheeled equipment, or any vehicle displaying or advertising the home occupation shall not be visible from off the premises.

I.

There shall be no external alteration of appearances of the dwelling in which the home occupation is conducted that would reflect the existence of said home occupation.

J.

No equipment or process shall be used that creates noise, vibration, glare, fumes, or odor detectable to the normal senses off the lot if the occupation is conducted in a single-family, detached residence, or outside the dwelling unit if conducted in other than a single-family detached residence. No equipment or process shall be used that creates visual or audible electrical interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises.

K.

The home occupation shall not involve the storage or use of pesticides.

L.

The home occupation shall not require additional off-street parking space. Required covered or uncovered parking shall not be used for conducting home occupations.

M.

No home occupation shall be conducted between the hours of 11:00 p.m. and 8:00 a.m.

N.

Sales of goods on the premises shall be limited to the products of the home occupation, and no other merchandise or goods shall be sold, kept or displayed for the purpose of sale on the premises.

O.

The patronage of a home occupation shall not exceed eight (8) patrons or customers for any calendar day.

P.

Additional requirements or conditions may be added as deemed necessary by the Director.

A.

For home occupations that are potentially disruptive or that propose deviations to the standards contained in this chapter, the Director may require approval of a Conditional Use Permit subject to the requirements of Chapter 9-5.25.

A.

Applications for home occupation permits shall be filed with the City. Such applications shall include the following:

1.

The address and assessor's parcel number for the property.

2.

Consent to physical inspection of the premises as required.

3.

A written description of the proposed home occupation.

4.

Any other information the Director deems necessary in order to review the application.

B.

The application shall be accompanied by a fee established by the Director or Resolution of the Council.

C.

Within ten (10) days after the formal acceptance of a completed application, the Director shall approve or deny the application, or require approval of a Conditional Use Permit in accordance with Section 9-5.21.232 above.

A.

A home occupation permit shall be revoked by the Director upon violation of any condition or regulation, or any limitation of any permit issued, unless such violation is corrected within ten (10) days of notice of such violation. Any permit may be revoked for repeated violations.

B.

In the event of denial or revocation of a home occupation subject to a Conditional Use Permit, an appeal may be made in writing to the Commission in accordance with Chapter 9-5.25.

"Garage Sale" is defined as a sale conducted by any person or persons of household furnishings, goods, or other tangible personal property, conducted in a noncommercial garage, yard, patio, driveway, or on any portion of the premises of a residential property.

A.

It is unlawful for any person, co-partnership, club or association to conduct a sale without having secured a permit for such sale.

B.

The permit shall be posted in a conspicuous place on the premises, outdoors, or at the front entrance to the garage, patio, or yard.

C.

The permit fee schedule shall be as follows:

1.

First three (3) times during calendar year, permit required (no fee);

2.

More than three (3), permit fee as set by Council.

Sales shall only be located on property that is used for residential purposes. Church rummage sales shall be located on the church property.

There shall not be more than three (3) sales allowed per calendar year at any one (1) address, unless a temporary use permit is approved by the Director in accordance with Article 21.

Signs advertising a garage sale shall be located on the property only and individual signs shall not exceed three (3) square feet; total signs shall not exceed nine (9) square feet in the aggregate, and shall not be placed so as to block vehicular or pedestrian views from adjoining properties. Posting of signs shall be only during the time of sale.

No sale shall last more than three (3) days. No sale shall start before 6:00 a.m. or continue after 8:00 p.m.

A.

The conducting of any garage, patio, or yard, sale without a valid permit shall be considered an infraction.

B.

Each day of such sale without a valid permit constitutes a separate offense.

It is the purpose of this chapter to provide guidelines and criteria for mobilehome parks, to insure their compatibility with other uses, and to establish rules and regulations pertaining to their development.

No mobilehome shall be used for living or sleeping purposes, or be parked, other than in a mobilehome sales yard or in an approved storage area, unless it is located within a licensed mobilehome park; provided that a mobilehome may also be used as follows: as an office for a construction project; as a residence of a watchman on the site of a construction project or an industrial use; or to provide temporary living or office quarters; or as a single-family dwelling when set on a permanent foundation within any R or RM district.

Mobilehome parks require the same considerations in their location as do multi-family dwellings under policies of the General Plan. Mobilehome parks shall be located only within RM Districts.

Application for a mobilehome park shall require a Conditional Use Permit subject to the provisions of Article 25.

A.

Site Area and Density.

1.

The site shall contain a minimum of two (2) acres. The first phase of a mobilehome development shall be not less than two (2) acres and shall include all required recreational and service amenities.

2.

The maximum number of mobilehome lots per gross acre shall not exceed eight (8).

B.

Lot Area and Width. Every individual mobilehome space for single units shall have a minimum lot area of two thousand eight hundred (2,800) square feet and a minimum lot width of twenty-five (25) feet. Every individual mobilehome space of expandable or double wide units shall have a minimum lot area of three thousand two hundred (3,200) square feet and a minimum lot width of thirty-five (35) feet.

C.

Lot Coverage. No more than seventy-five (75) percent of any mobilehome lot shall be covered by the mobilehome, parking area, covered patio area and accessory buildings.

D.

Clearances, Setbacks, and Yard Spaces.

1.

Mobilehome Park:

2.

Mobilehome sites within the park:

3.

No mobilehome shall be located in any required yard space, except that tow bars may extend into such yard space.

E.

Patios and Pads.

1.

Each mobilehome site shall have a hard surfaced patio area of not less than two hundred (200) square feet. A permanent porch greater than twenty (20) square feet in area may be counted as part of the required patio area.

2.

Each mobilehome site shall have a support pad of concrete laid over a compacted surface base that, in combination, will be adequate to support the mobilehome on a level plane.

F.

Parking.

1.

Not less than two (2) off-street parking spaces shall be provided within each mobilehome site, one (1) of which may be tandem to the other.

2.

Not less than two (2) guest parking spaces shall be provided for each mobilehome site at a location central to each five (5) contiguous mobilehome sites.

3.

Parking shall be provided for central recreation buildings, park offices and other similar buildings at a ratio of one (1) parking space for each four hundred (400) square feet of gross floor space.

4.

Centralized storage areas shall be provided for recreational vehicles and boats, at a minimum of one (1) space per five (5) mobilehome spaces. Individual storage spaces shall measure not less than ten (10) feet by thirty (30) feet, and shall have direct access to a driveway with minimum width of twenty (20) feet.

5.

Storage areas shall be paved and drained in order to be usable year round and shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences, or other comparable screening devices six (6) feet in height.

G.

Recreation Areas and Pedestrian Ways.

1.

Common recreation area in an aggregate total equal to five (5) percent of the gross area of the mobilehome park shall be provided at a location or locations that are easily accessible and convenient to park residents.

2.

Recreation areas shall be landscaped and maintained with all landscaped areas to be irrigated by an automatic underground sprinkler system.

3.

Pedestrian ways shall be provided within the mobilehome park connecting residential areas with common recreation areas and public streets.

4.

The calculation of common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas, and parking areas.

H.

Utility Installation.

1.

Utility lines shall be placed underground.

2.

Each mobilehome space and all interior roads shall be lighted for the safety and convenience of persons using the premises.

3.

All connections for each mobilehome shall be placed at the rear of the mobilehome space.

I.

Signs. Signs for a mobilehome park shall comply with the provisions of Chapter 9-5.23.

J.

Internal Streets.

1.

All internal streets within a mobilehome park shall have a minimum width of twenty-five (25) feet.

2.

Street parking shall be as determined through the Conditional Use Permit process.

3.

No direct access shall be allowed from a public street to any mobilehome lot. Each mobilehome lot shall have direct access only onto a paved interior street with a right-of-way width of not less than twenty-five (25) feet.

K.

Landscaping and Screening. Mobilehome parks shall provide permanently maintained landscaped areas and site screening as follows:

1.

A minimum twenty-foot landscaped border along the entire street frontage yard area and along the side and rear yards if such yards are adjacent to a public street.

2.

Decorative masonry wall six (6) feet in height along all side and rear property lines which do not abut a public street.

3.

Decorative masonry wall six (6) feet in height along street side yard and street front yard setback lines.

4.

Required masonry walls abutting a public street shall consider openings for pedestrian access.

L.

Other Facilities Required: Each mobilehome park shall provide the following additional facilities:

1.

A laundry building for clothes washing and drying.

2.

Trash enclosures shall be developed to City standard specifications.

M.

Placement and Sales of Mobilehomes:

1.

At the time of placement on the site, all mobilehomes shall be fitted with appropriate skirts to obscure stands, pads, and under-carriage equipment.

2.

Mobilehomes may be displayed and sold within a mobilehome park provided that such mobilehomes are not sold for delivery to any location other than within the park and that all mobilehomes are placed on mobilehome sites and connected to all utility services. No more than four (4) mobilehomes shall be offered for sale at any one time, and advertising for such sale shall be limited to one (1) non-illuminated sign not exceeding four (4) square feet in area on the site of each mobilehome offered for sale.

Mural shall mean a display or picture painted directly on an exterior wall of a structure, designed as a decorative or ornamental feature. A mural may not contain text, registered trademarks, logos, or business advertising (except as deemed appropriate within the context of the mural).

A.

Applications for a mural permit shall be filed with the City. Such applications shall include the following:

1.

The address and assessor's parcel number for the property.

2.

Written consent of the property owner or authorized representative.

3.

A description of the proposed mural, both in written and picture/design form.

4.

Any other information the Director deems necessary in order to review the application.

B.

The application shall be accompanied by a fee established by the Director or Resolution of the Council.

A.

The placement of a mural shall be subject to Administrative Approval in accordance with Article 24 of the Zoning Ordinance.

B.

The Development Review Committee shall review all mural plans and make a recommendation to the Director in accordance with Article 16 of this ordinance.

C.

At the discretion of the Director, the mural may be presented to the Council for approval.

A.

Murals shall be allowed according to the provisions of this section in the C-1, C-2, C-3, C-H, and Downtown Form-Based Code zone districts.

A.

In appraising the effects and relationships mentioned herein, the Director shall in all cases consider the factors of architectural style, design, materials, color, and any other pertinent factors.

B.

Consideration shall be given to the following:

1.

Compatibility of the design with the immediate environment of the site.

2.

Appropriateness of the design and size to the function of the site.

3.

Appropriateness of the design as a public work of art. The design may portray, but not be limited to, cultural, historical, or scenic subjects.

C.

Murals shall be subject to review by the Public Works Director and the Building Official for the purpose of insuring that construction of such displays will not pose a hazard to public health, safety, or welfare.

D.

The Director shall examine every two (2) years all murals approved under this ordinance and make a report to the Commission on their condition with recommendations for care and maintenance.

A.

Mobile food vending vehicle means a vehicle from which food products are sold directly to the public mobile food vending vehicles do not include vehicles used for the pickup or delivery of food products to commercial businesses or food processing plants

B.

Except as provided herein, no person shall stop, stand or park any mobile food vending vehicle at any location within the City for more than fifteen (15) minutes in any twenty-four-hour period during which time such vehicle is open and/or engaged in food vending operations at such location. For purposes of this section, location includes any site within three hundred (300) feet of such location.

C.

Mobile food vending vehicles may engage in food vending operations for more than fifteen (15) minutes per day on the premises of operating businesses including construction and public agency sites provided: (1) There is at least two (2) hours between food vending operations; and (2) food vending operations do not exceed fifteen (15) minutes at any one time. This provision shall not be construed to allow mobile food vending vehicles to engage in food vending operations on vacant lots.

D.

The closure or stoppage of operations of a mobile food vending vehicle while at a location shall not extend the time during which the mobile food vending may stop, park or stand at such location.

E.

Nothing in this section shall be deemed to mean that mobile food vending vehicles are authorized to conduct operations on any property (other than a public right-of-way) without the permission of the property owner or inconsistent with land use ordinances of the City.

F.

No person shall operate a mobile food vending vehicle in the City without a permit to operate such vehicle issued by the City Clerk and without a valid business license.

1.

To obtain a permit, the applicant shall provide to the City Clerk at least ten (10) days before the desired date to start operations the following: (1) Proof that the applicant has a current and valid business license or, for new applicants, a completed business license application and that the applicant has paid the business license fees; (2) evidence that the applicant and the mobile food vending vehicle are properly licensed to sell food products by the Fresno County Department of Community Health in accordance with all County and State requirements; (3) evidence that the vehicle has been inspected by the Fresno County Department of Community Health Consumer Food Protection Office and the Fowler Police Department; (4) proof of insurance coverage in accordance with City requirements; (5) a list of all locations operating business premises at the which the operator seeks to conduct mobile food vending operations for more than fifteen (15) minutes per day; and (6) evidence that the applicant has the permission of the operating business at which he/she seeks to conduct mobile food vending operations for more than fifteen (15) minutes per day.

2.

Accompanying the application shall be a fee in the amount of $60.00 for processing the application and ensuring compliance with the permit and this section.

3.

The permit shall specifically describe all locations other than public rights-of-way at which the mobile vending vehicle is permitted to conduct operations for more than fifteen (15) minutes per day.

4.

The permit shall automatically expire on January 31 of the following year unless renewed by the applicant prior to that time. Renewal shall be in accordance with the procedures for initially obtaining the permit.

G.

Mobile food vending vehicles shall not conduct operations at the following locations: (1) Within ten (10) feet of a perpendicular line drawn from the curb to a doorway or entry opening of a building; (2) within twenty (20) feet of any driveway; (3) within twenty (20) feet of any crosswalk; (4) within twenty (20) feet of the intersection of property lines at a street corner; (5) within twenty (20) feet of an alley approach; (6) within twenty (20) feet of any residential building; and (7) within one hundred fifty (150) feet of any public or private school.

H.

The operators of mobile food vending vehicles shall clean the area within fifty (50) feet of any spot at which they conduct food sales operations and shall pick up and remove all trash within such area before moving to a new location.

I.

Mobile food vending vehicles shall be operated consistent with all Fresno County Department of Community Health requirements and state laws and regulations applicable to such operations.

J.

The City Manager upon consultation with the City Planner/Code Enforcement Officer and the City Engineer may adopt additional conditions upon the operations of mobile food vending vehicles in order to protect the public health safety and welfare of the citizens of Fowler. If such conditions are adopted, those conditions shall be deemed part of the permit.

K.

Mobile food vending vehicle permits shall be subject to revocation by the City Clerk for violation of any of the requirements of the permit or this section.

L.

Any person may appeal a decision of the City Clerk to grant or revoke a permit to operate a mobile food vending vehicle by filing a written notice of appeal with the City Manager within fifteen (15) days after notification of the City Clerk action. The notice of appeal shall specify in writing all grounds for the appeal. The appeal hearing shall be conducted by the Planning Commission within thirty (30) days after the filing of the notice of appeal. The decision of the Planning Commission may be appealed to the City Council at which time the appeal shall be heard within thirty (30) days.

The requirements set forth in this chapter shall apply to all signs erected, relocated or maintained within the City. No sign shall be erected, repaired or relocated except as provided in this chapter. The purpose of the sign code is to protect the public safety and general welfare, and to control the location, size, height, illumination, construction and maintenance of signs and outdoor advertising structures.

A.

No person shall erect, move, alter, repair, or attach any sign without first obtaining a sign permit.

B.

The placement of all signs shall meet the requirements of the State Public Utilities Commission and all other relevant federal, state, and local laws and regulations.

C.

Shopping Center Signs. The design for all signs to be located within a shopping center or a mall-type development shall be approved before any individual sign permit for the development is processed. Such review is to ensure that signs located within a shopping center are harmonious and of compatible design.

D.

Application. Application for sign permits shall contain the following information:

1.

Name, address and telephone number of applicant;

2.

Location of building or lot where the sign is to be located;

3.

A sketch drawn to a suitable scale showing the location and position of the sign;

4.

Two (2) copies of the plans and specifications for the design showing the method of construction and attachment to the building or ground;

5.

A copy of calculations and stress diagrams showing that the structure is designed for dead load and wind pressure to meet the requirements of the Building Official;

6.

The name of the person, firm, corporation or association, owning and erecting the sign;

7.

Such other information as the Building Official may deem necessary.

E.

Electrical Permit Required. No person shall install any electrical wiring or lighting to be used in connection with any sign without first obtaining an electrical permit.

F.

Appeal from Decision. An appeal may be filed with the Commission by any person aggrieved or affected by any decision of the Building Official.

G.

Variances. The Commission may grant variances to the conditions established in this chapter in a manner set forth in Chapter 9-5.28.

(A)

For purposes of this article, the following definitions shall apply:

A-board means a portable sign capable of standing without support or attachment.

Advertising structure means a structure erected exclusively for advertising purposes upon which any poster, printing, device or other advertisement of any kind may be placed, printed or fastened and having a surface of twelve (12) square feet or more.

Awning sign means any sign located on an awning.

Building means the building on which a sign is located or attached, but excluding an advertising structure.

Cut-out sign means any sign or individual words, letters, figures or characters that are self-supporting and not affixed to any sign surface, but that are erected so as to be approximately parallel to the face of the building but need not be attached to the building.

Directional sign means any sign other than a sign erected by public authority that directs persons to a place or activity not located on the same premises as the sign.

Erect means to build, place, suspend, or affix, including the painting or otherwise applying of wall signs.

Face means the surface of a sign on, against or through which the message or design is displayed or illustrated.

Face of building means the exposed side of a main wall of a building, excluding structural projections facing a street or highway.

Face sign means any sign painted or attached on a wall or of solid construction located as to be approximately parallel with the face of a building including a "V" type sign that does not extend more than eighteen (18) inches from the face of the building or structure.

Fin sign means any sign erected so as to combine the features of both a roof sign and a projecting sign.

Freestanding sign means any sign that is self-supporting in a fixed location and not attached to any building.

Gross surface area of sign means the area contained within a single continuous perimeter, enclosing all parts of the sign but excluding any structural elements outside the limits of signs required to support the sign.

Human sign means a temporary sign carried or held by a person.

Illuminated sign means any sign illuminated by any light source, on, within or attached to the sign or by a light source removed therefrom.

Marquee means a permanent roofed structure attached to and supported by the building.

Marquee sign means any sign attached to or supported by a marquee.

Monument sign means any low profile sign located on the premises and advertising the business, service or activity being conducted on the premises.

Outdoor advertising structure (billboard) means any sign having a gross area of fifty (50) square feet or more, if single-faced; or one hundred (100) square feet or more if double-faced, that advertises a business, product, service, or activity, made available elsewhere than upon where the sign is located.

Political sign means any sign that promotes or opposes any person's candidacy for public office, any issue in a public election, or any other political cause.

Projecting sign means any sign attached to the face of a building that projects more than eighteen (18) inches from the face of the building.

Real estate sign means any sign used exclusively for advertising a parcel of property or a building for sale, lease or rent.

Roof sign means any sign located on a roof of a building or having its major structural supports attached to a roof.

Sign means any advertisement, announcement, display (including electronic display), banner, insignia or mechanism that is affixed to, painted on or otherwise represented on a building or site, on any vegetation, rock, wall, post, fence or any other object and that is used to advertise or promote the interests of any person on the sale, use or consumption of any service, commodity, article or thing.

For the purpose of this article, the term "sign" shall not include the following:

a.

Advertising media located entirely within an enclosed building;

b.

Traffic highway markers, parking directional signs not greater than three (3) square feet in area, and railroad crossing or danger signals;

c.

The display of official court or public notices;

d.

Any sign erected or maintained by a public authority;

e.

Signs used for the safety, welfare or convenience of the public by utility companies.

Sign structure means the structure supporting a sign but excluding any portion of the sign structure that meets the definition of a "sign."

Sniping means affixing advertising to a building, pole or other surface without consent of the owner or other person exercising control of the premises, excluding any posting by an authorized public officer or employee, or the giving of a notice required or authorized by law.

Street frontage of a lot means the face of a lot abutting a street for interior lots and the narrowest frontage abutting a street on corner lots.

Window sign means any sign painted on or attached to a window or located inside and designed to be viewed from the outside of the building in which the window is located.

A.

Real estate signs not exceeding six (6) square feet in area and having a vertical dimension of not more than four (4) feet, pertaining to the sale, lease or rental of the property on which they are displayed, may be erected without obtaining a sign permit; provided, that not more than one (1) such sign shall be permitted on a lot, or upon each sixty (60) feet of frontage of larger parcels; provided further that when located in any R or RM zone, not more than one (1) such sign shall be allowed no matter the size of the parcel.

B.

The following signs and nameplates may be erected without obtaining a sign permit:

1.

Street number and/or name signs not exceeding one (1) square foot per sign for single-family or duplex structures and three (3) square feet per sign for all other uses. One (1) sign per street frontage shall be allowed. This shall include signs that identify the location of the office of the manager of the property;

2.

Signs not to exceed twelve (12) square feet in area identifying persons engaged in construction on the site, while construction is in progress; but for not longer than six (6) months.

3.

Signs for identification of institutional buildings, private clubs, lodges, schools, and churches, provided:

a.

Such signs shall not exceed two (2) in number,

b.

Such sign or signs shall not exceed more than twenty (20) square feet in the aggregate,

c.

Such signs shall be attached to a wall of the building, parallel to the wall and shall not project out from the wall more than six (6) inches, nor extend above the wall.

4.

Bulletin boards which may be double-faced, not over twelve (12) square feet on one (1) side, for public, nonprofit charitable or religious institutions, provided that such bulletin boards shall have letters not more than six (6) inches in height, be internally illuminated, and serve only to identify the institution and announce its services and/or activities;

5.

Memorial signs or tablets, historical monuments, and religious symbols and similar emblems when such are constructed of incombustible materials, when submitted with the building and approved under the zoning provisions.

C.

Signs not greater than twelve (12) square feet in area accessory to public garages or parking areas, when such signs are located on the same lot.

D.

Signs not exceeding twelve (12) square feet denoting the owner, architect, engineer or contractor, when placed during construction; provided that not more than one (1) such sign shall be erected on the site. Such signs shall be removed thirty (30) days after obtaining an occupancy permit for the structure.

E.

Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person giving legal notice.

F.

Signs erected or maintained by a public agency or official or required by law to be displayed by a public utility for directional, warning or information purposes.

G.

Credit cards accepted, trading stamps given, and association membership signs when not exceeding one-half (½) square foot per window sign and one and one-half (1½) square feet per hanging sign and a total of four (4) in number.

H.

Signs located on the site necessary to facilitate circulation within the site or egress and ingress.

I.

Flags of any nation, political subdivision, or fraternal or religious organization and those flags determined by the Director to be of a nonprofit civic character provided the pole height does not exceed twenty-four (24) feet and the flag height is not more than one-fourth (¼) the height of the pole. A sign application may be submitted for a flagpole higher than twenty-four (24) feet or a flag that exceeds one-fourth (¼) the height of the pole where the applicant can show that the proposed flag and/or pole is consistent with the intent and purpose of this chapter. This section is not intended to allow the clustering or display of flags for the purpose of commercial attraction as determined by the Director.

J.

Signs such as "rest rooms", "telephone", "no smoking", and other signs of a similar nature may be allowed up to five (5) square feet in area.

K.

Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, and that are not visible from any public right-of-way, shall not be subject to the size and location criteria within this chapter.

L.

Temporary display posters in connection with nonprofit civic and cultural events (such as Red Cross, United Way, performing arts, and the like). Such posters shall be removed within fourteen (14) days after the termination of the event.

M.

The removing and replacing of only the sign copy without increasing or decreasing the area of conforming signs. The sign container, including the structural and electrical connections, shall remain unchanged. This section is not intended to allow changeable copy signs.

N.

Holiday greetings, decorations, and displays, such as relate to Christmas, Thanksgiving, the Fourth of July, and the like, excluding advertising signs disguised as seasonal decorations.

O.

Temporary window signs (non-internally illuminated) announcing special sales, a change in management, individual product and/or price signs, or similar information and designed to be viewed from adjacent streets, sidewalks, parking lots within a business center. This section is not intended to allow additional permanent signs.

P.

Temporary signs directing traffic to a residential property for sale provided that such signs shall have an area on any face not greater than three (3) square feet, shall be limited to two (2) in number pertaining to any property and shall be displayed only during the hours between 8:00 a.m. and 5:00 p.m.

Unless otherwise provided, the following signs are expressly prohibited.

A.

No person, except a duly authorized public official, shall erect, paint, nail, or otherwise fasten, any banner, sign, advertisement or notice of any kind, on any pole, utility pole, bench, hydrant, wall, tree, sidewalk or structure, in, upon or across any public street, alley, or public property except as may be required or permitted by law.

B.

Human signs.

C.

Signs or advertising structures placed upon or attached to the ground on any portion of the public street, sidewalk or right-of-way.

D.

Snipe signs or sniping.

E.

Glaring and flashing lights, including illuminated window signs, excepting seasonal decorations.

F.

Pennants, streamers, spinners, ribbons except as provided in Sections 9-5.22.13 and 9-5.22.18.

G.

Animated signs, the movement of which is simulated by variations in the intensity, color, pattern or illumination, and flashing signs, shall be prohibited In all districts, subject to the following exceptions:

1.

A sign changing so as to show time and/or temperature.

2.

An on-premise barber pole operated during business hours.

3.

Electronic signs displaying such things as time, temperature, advertisement or events of community interest shall be permitted. The area of such signs shall be included when computing the total sign area of a business or site, subject to a Conditional Use Permit.

H.

Murals that contain advertising copy or that function as an advertisement.

I.

Signs having one (1) or a combination of the following characteristics:

1.

Obscene or offensive to morals. Containing statements, words, or pictures of an obscene, indecent, or immoral character that, taken as a whole, appeal to the prurient interest in sex, and which signs are patently offensive and, when taken as a whole, do not have serious literary, artistic, political, or scientific value;

2.

Imitative of official signs. Signs (other than when used for traffic direction) that contain or are an imitation of an official traffic sign or signal, or contain the words stop, go, slow, caution, danger, warning, or similar words, or signs that imitate or may be construed as other public notices, such as zoning violations, building permits, business licenses, and the like;

3.

Natural despoliation. Signs that are cut, burned, painted, or otherwise marked on a field, tree, rock, or other natural item; and

4.

Changeable copy signs. Signs designed to have changeable copy as a part of all of their copy, except as specifically provided by this chapter.

J.

No vehicle may be used as a platform or substitute for a billboard, freestanding sign, or movable sign, whether parked on private property or the public right-of-way. This is specifically intended to include the use of vehicles as a freestanding or off-premises sign,

K.

The tacking, posting, or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns, or sheds or on trees, poles, posts, fences, or other structures shall be prohibited, unless specifically permitted by this chapter.

(Ord. No. 2015-04, § 1, 5-19-2015)

A.

The requirements and conditions set forth apply to all advertising structures, sign boards and supporting structures located or constructed within the city.

1.

A-Board sign:

a.

Sign area (maximum): Width 30" height 42"; it may be necessary that signs be smaller than the maximum allowed to be proportionate in size and scale to achieve the design objectives of this section.

b.

Maximum area: Six (6) square feet each side.

c.

Number per business: One (1) per business address.

d.

Location: May be placed on the business site as long as conflicts with vehicle safety are not caused. May also be placed on the public sidewalk adjacent to the business. Sidewalk signs must not interfere with pedestrian travel or encroach upon the required accessible path.

e.

Permitted display time: Only during business hours and must be removed when the business is closed.

f.

Lighting: Illuminated signs may not be used.

g.

Advertising: May only advertise for goods and services from the adjoining business.

h.

Design compatibility: The design of all signs shall be compatible and harmonious with the colors, materials and architecture of the building and the immediate vicinity. Sign copy should be simple and concise without excessive description of services or products.

i.

Permit. A sign permit shall be obtained for all A-board signs, consistent with the procedure outlined in Section 9-5.22.02 of this chapter.

j.

The code enforcement officer shall immediately cause the removal of any sign which, in the judgment of the code enforcement officer or the Public Works Director, is found to place citizens in immediate peril, or to be not in compliance with provisions of this section.

2.

Awning sign. An awning sign shall be located on the hanging border of awnings only, and shall be not less than seven (7) feet above the sidewalk line.

3.

Barber pole. A barber pole shall not project more than fourteen (14) inches from the face of the building and the bottom portion shall be not less than eight (8) feet above the ground or sidewalk.

4.

Cut-out sign. A cut-out sign shall conform to the regulations for face signs except that not to exceed twenty-five (25) percent of the horizontal dimension of any such cut-out sign may extend above the roof or parapet line of the building not more than four (4) feet.

5.

Face sign. A face sign, other than a painted sign, shall be located less than ten (10) feet above the sidewalk or ground; no face sign shall project from the face of the building more than eighteen (18) inches, nor extend above the roof line or parapet line of the building.

6.

Fin sign. A fin sign shall not be located less than ten (10) feet above the sidewalk or ground, shall not project more than four (4) feet from the face of the building, or not closer than two (2) feet to the curb line whichever is more restrictive, and shall not extend more than four (4) feet above the roof or parapet wall of the building, and shall have a thickness no more than two (2) feet.

7.

Freestanding sign. A freestanding sign shall be so installed that no part of the sign or structure extends beyond the property line; the advertising surface may be double-faced; the surface of each face shall not exceed seventy-five (75) square feet; the bottom of each surface of any freestanding sign other than a real estate sign shall be at least ten (10) feet above the ground and the top of each surface shall be not more than thirty (30) feet above the ground or property line grade. New freestanding signs shall have a permanently landscaped area and shall be maintained with live plant materials around the base of such signs equal to at least ten (10) percent of the total sign area with a minimum landscaped area of ten (10) square feet. Such signs shall be placed so as not to impede pedestrian or vehicular movement or visibility.

8.

Marquee sign. A marquee sign shall be located approximately parallel to the face of the supporting marquee, shall be located no less than ten (10) feet above the sidewalk or ground, shall not project more than six (6) inches from the face of the supporting marquee, nor shall be within two (2) feet of the perpendicular projections of the curb line, shall not be more than four (4) feet in vertical dimension. No more than one (1) such sign per place of business or street frontage shall be permitted.

9.

Projecting sign. A projecting sign shall be located no less than ten (10) feet above the sidewalk or ground, except as otherwise provided in this chapter, shall project from the face of the building no more than four (4) feet, or no closer than two (2) feet to the curb line whichever is more restrictive, and shall extend above the roof line or parapet wall no more than four (4) feet, and shall be of no greater thickness than two (2) feet.

10.

Roof sign. A roof sign shall not extend from the face of a building more than four (4) feet measured at right angles to the building more than four (4) feet measured at right angles to the street frontage, shall not extend beyond the face of the building when located approximately parallel to the street frontage of the building, shall not extend more than seven (7) feet above that portion of any parapet wall or roof located directly below said sign, except that no portion of the sign shall project above the maximum height requirement of the zone in which it is located, shall not extend across more than seventy-five (75) percent of any street frontage of the building, shall have a thickness of no more than two (2) feet when erected at right angles to the street frontage.

11.

Monument sign. A sign no larger than thirty (30) square feet in size, the dimension of which shall be no larger than ten (10) feet long, three (3) feet wide and one (1) foot deep, located outside the public right-of-way and on the same premises as the place of business in which the use, service or activity shown on the sign is being conducted. The sign shall not exceed fifty-four (54) inches in height, measured from the top of the curb, across the front of the property on which subject sign is located.

12.

Murals. Murals shall be permitted that contain no advertising copy and that do not function as an advertisement subject to the requirements of Section 9-5.21.25.

(Ord. No. 2015-04, § 2, 5-19-2015)

A.

Name plates or signs not directly lighted, with an aggregate area of not more than twenty (20) square feet.

A.

Name plates or signs not directly lighted, with an aggregate area of not more than twenty (20) square feet pertaining to a permitted use.

B.

Identification signs or other signs appurtenant to a conditional use not to exceed sixty (60) square feet in aggregate area.

A.

Not more than one (1) sign advertising a subdivision under construction and located on the site of the subdivision.

B.

Signs and pennants advertising the sale of lots and tract homes shall be permitted for a period of twenty-four (24) months from the date of beginning construction provided that when seventy-five (75) percent of the lots in the subdivision have been built, all such signs shall be removed.

C.

Size.

1.

For multi-family residences. One (1) monument sign per street frontage not to exceed twenty-four (24) square feet shall be permitted.

2.

For planned unit developments. Signs shall be approved in conjunction with the Conditional Use Permit for a residential planned unit development.

D.

Location. Multi-family development signs may be freestanding or wall-mounted. When freestanding, such signs shall not be less than five (5) feet inside the property line, nor closer than one hundred (100) feet from another freestanding sign on the same parcel. If building-mounted, signs shall be flush-mounted on the wall.

E.

Contents. Single-family dwelling signs shall indicate only the name of the occupant and the address. Multi-family development signs may give the name of the development, the address, and, when vacancies occur, note "units for rent", not to exceed six (6) square feet.

F.

One (1) identification sign not exceeding twelve (12) square feet in area, located flat against a wall and not projecting above the cornice or roof line of a conditional use that does not occupy a structure; provided, that no sign shall be located in or project into a required from, side, or rear yard.

G.

One (1) non-illuminated sign not exceeding four (4) square feet in area located on the premises of a parking lot.

A.

One (1) sign for each entrance to a parking facility shall be permitted provided that said sign shall not exceed one (1) square foot of area for each one (1) lineal foot of street frontage upon the subject lot, and further provided that no single sign shall exceed one hundred (100) square feet in area.

B.

Exit signs, not to exceed six (6) square feet in area shall be permitted at each exit from said parking lot to any abutting street or alley.

A.

Signs identifying occupants, type of use or services rendered on the premises; provided such signs shall be attached to and parallel with the wall of the building, and shall be stationary and non-flashing. All signs relating to any one (1) occupant or business shall not exceed sixty (60) square feet in area in the aggregate.

B.

Other signs as permitted in Article 7 ("R" district).

A.

Any sign allowed in the C-1 district.

B.

Any awning signs, barber poles, cut-out signs, face signs, fin signs, freestanding signs, marquee signs, monument signs, projecting signs and roof signs as defined in this chapter.

C.

Real estate signs for the sale, lease or rental of the property on which they are displayed, not exceeding thirty-two (32) square feet in area, having a vertical dimension of not more than eight (8) feet and extending not more than twelve (12) feet above grade; provided that not more than one (1) such sign shall be permitted on single-owned acreage parcels.

D.

Pennants and flags are permitted for new and used car sales, recreation vehicle and boat sales. The aggregate area in pennants and flags shall not exceed in size the total allowable sign area for a permitted or conditional use.

E.

Upon the granting of a use permit in accordance with the regulations of Article 25:

1.

Directional signs provided that such a sign shall be not greater than twelve (12) square feet in area,

2.

Freestanding signs.

F.

Upon the granting of administrative approval (minor) in accordance with the regulations of Article 24:

1.

A-Board sign.

(Ord. No. 2015-04, § 3, 5-19-2015)

A.

Any sign allowed in the C-2 District, with the following exception;

B.

For free standing signs located in the Fowler Industrial Corridor, between Fresno Street and the southern city boundaries, and between Adams Avenue and the northern city limits, the following regulations shall apply:

1.

Free standing signs shall not exceed seventy-five (75) feet in height.

2.

There shall be no size limitations.

3.

All signs must withstand wind pressures of not less than fifteen (15) pounds per square foot for those portions of the structure less than thirty (30) feet above ground and not less than twenty (20) pounds per square foot for those portions more than thirty (30) feet and less than fifty (50) feet above ground. For those portions of the structure that are greater than fifty (50) above the ground, the sign shall withstand wind pressure of not less than twenty-five (25) pounds per square foot.

4.

Free-standing signs shall not block the motorist's view of another proprietor's free standing sign from a distance of two hundred (200) feet in either direction along a street frontage. The relationship of all proposed signs shall be established by the applicant's submittal of:

a.

A plot plan showing the location of all existing free-standing signs and the proposed sign's location.

b.

Photographs of the proposed location taken from an approaching traffic lane at points two hundred (200) feet distant in each direction along the frontage.

c.

A rendering of the proposed sign indicating height, dimensions, and text.

5.

Freestanding area identification signs displaying the names and/or logos of groupings of businesses on separate parcels (commercial, offices, services, or combinations thereof) are permitted. Where a freestanding area identification sign is permitted for a grouping of businesses, the following conditions shall apply:

a.

A listing of all parcels for which the freestanding area identification sign applies shall be submitted and attached to all freestanding sign permits issued in the area to which the parcel listing applies.

b.

Individual parcels within the grouping of businesses may have one (1) freestanding sign that shall be limited to a maximum height of twenty (20) feet and a maximum area of fifty (50) square feet.

c.

Freestanding area identification signs shall not advertise individual services or products. With exception of theater marquees, such freestanding signs shall not include changeable copy signs for special events.

C.

Upon the granting of Administrative Approval (minor) in accordance with the regulations of Article 24:

1.

A-Board sign.

(Ord. No. 2015-04, § 4, 5-19-2015)

A.

Any sign allowed in the C-2 District, with the following exception:

B.

Signs in excess of twenty (20) feet in height, shall require approval of a conditional use permit in accordance with Article 25.

A.

Any signs permitted in C districts.

B.

Upon the granting of a conditional use permit in accordance with Article 25:

1.

Directional signs provided that such signs shall be not greater than twelve (12) square feet in area,

2.

Freestanding signs.

A.

Number of Signs. Not more than one (1) freestanding sign shall be erected for any business location; provided however, that any business having an aggregate frontage on a corner lot of more than three hundred (300) feet may erect one freestanding sign for the first three hundred (300) feet and one freestanding sign for each one hundred (100) feet thereafter, and any business having a frontage on an interior lot of more than one hundred fifty (150) feet may erect one freestanding sign for the first one hundred fifty (150) feet and one (1) such sign for each one hundred (100) feet of frontage in excess of one hundred fifty (150) feet.

B.

Gross Area of Signs.

1.

The aggregate area of signs permitted on any building site shall not exceed one and one-half (1½) square feet of display area for each front foot of the structure or portion of the structure wherein the use referred to is conducted. For purposes of calculating the permitted sign area, the term frontage shall include a public entrance to the related occupancy. Separate calculations may be made for front, side and rear entrances and separate signs may be erected on each of these frontages; provided however, that such signs may be only located on the sides of a building with a public entry;

2.

The aggregate area of signs on any site where on the majority of the business is conducted outside a building shall not exceed one (1) square foot of display area for each foot of street frontage of the site, or portion thereof, where on the use referred to is conducted. In the case of sites having frontage and access by customers and/or customer's vehicles on more than one (1) street, the aggregate frontage of the site along all such streets may be used in calculating the permitted display area.

C.

Temporary Signs. Temporary signs of an area not greater than thirty-two (32) square feet may be erected or maintained for a period of not more than ninety (90) days upon approval of the Director and the obtaining of a temporary sign permit from the Building Official, other provisions of this chapter notwithstanding.

D.

Maintenance of Sign Premises. It is unlawful to permit vegetation, rubbish or inflammable material to accumulate within ten (10) feet of any sign.

E.

Obstruction of Fire Escape. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

F.

Traffic Hazard. No sign shall be erected at or near a street in such a manner as to obstruct clear vision, or at any location where the position, shape or color, may obstruct the view of, or be confused with any authorized traffic sign, signal or device, or that uses any word, phrase, symbol or character in such manner as to interfere with or confuse traffic.

G.

Limitation on Sign Contents. The advertising on all signs, except real estate signs, directional signs, and political signs erected after the date of passage of this ordinance shall be limited to:

1.

Identification of the building where on the sign is located;

2.

Identification of the person occupying the premises and the type of business conducted by such person, firm or corporation;

3.

Identification of the product manufactured or sold on the premises.

H.

Movement. A moving sign shall be permitted only in C or M Districts, provided that movement shall be slow (not to exceed ten (10) rpm) and shall not simulate effects obtained by varying the intensity, color, pattern or illumination.

I.

Utility Lines and Easements. No sign or outdoor advertising structure shall be located within a utility easement, or erected or located in a manner that will reduce the vertical or horizontal clearance from communication or energized electric power lines as required by laws, rules and regulations of the State of California and agencies thereof.

J.

Portable Signs. Portable signs, including, but not limited to "A" board, movable freestanding, tire stack, and wind signs, are permitted but shall in no case be placed on a public right-of-way or within thirty (30) feet of a street intersection.

Certain uses, because of their special sign needs or their allowance in several districts, have been specifically listed in this section. Where such uses are approved, the sign standards allowed for such uses shall as follows:

(Ord. No. 2021-03, § 1, 9-7-2021)

A.

Political Signs.

1.

No person except a duly authorized public official shall erect any sign, outdoor advertising structure or display of any character upon any public property other than a public right-of-way and no such sign, outdoor advertising structure or display shall be erected or maintained within any city street right-of-way without first obtaining approval from the City in writing.

2.

No political signs are permitted within the city street right-of-way.

3.

No political signs shall be erected prior to sixty (60) days before the date of the election to which they pertain.

4.

Each candidate or person/group named on such political sign shall be responsible for the removal of all such signs within six (6) days after the polls close. After that date, the cost of removal of any sign shall be assessed to the candidate or person/group named on the sign.

B.

Banners.

1.

No person shall erect or maintain over, across or above any public street, alley or other public place, any sign or banner for any purpose whatsoever, without first obtaining approval from the City in writing.

2.

Any sign or banner placed across or above any public street, alley or other public place, shall be installed and removed by the City or its agents. Such banner or sign shall be removed within six (6) days of the termination of the event shown on the banner or sign.

C.

Temporary Banners, Posters or Pennants. Temporary banners, posters, or pennants not to exceed in size the total allowable sign area for the lease space. Such signs may be used in conjunction with an event or sale, and may be displayed for twenty-one (21) days maximum, and shall be limited to one (1) such display four (4) separate times a year. A minimum of seven (7) days shall separate such display periods. Such promotional displays shall not list individual product prices and will require written notification given to the Director.

D.

Grand Opening Signs. A-frame signs, I-frame signs, and portable changeable copy signs shall be limited to only one (1) grand opening and a maximum display time of twenty-one (21) days per business, with written notification given to the Director.

E.

Search Lights. Search lights associated with a special event or grand opening shall be limited to a maximum display time of five (5) days and shall be limited to one (1) such annual display per location, with written notification given to the Director.

A.

Illegal Signs. Every sign in existence at the time this ordinance became effective that was prohibited or illegal at the time of installation, and that does not conform to the provisions of this chapter shall be an illegal sign. Such signs shall be removed immediately upon notification of illegality. Signs that are not constructed, maintained, or displayed pursuant to the requirements of this chapter, that are not legal and that are nonconforming, shall be illegal.

B.

Nonconforming Signs. Signs existing at the time this ordinance became effective which were legal at the time of installation but that do not conform to this chapter, shall be a legal nonconforming sign. If such nonconforming sign is abandoned or discontinued, such sign shall be required to conform to the provisions of this chapter. A change of copy or sign face shall not be deemed a discontinuance of use. Any structural alteration to any part of the sign shall be deemed a discontinuance of use. A nonconforming sign shall be made to conform immediately to the provisions of this chapter if:

1.

The owner remodels a nonconforming sign, or expands or enlarges the building or land use upon which the advertising display is located;

2.

The owner relocates a sign;

3.

There is an agreement between the owner and the City for the removal of a sign on a given date;

4.

The sign display is or may become a danger to the public or is unsafe; or

5.

The sign display constitutes a traffic hazard.

C.

Amortization. Nonconforming signs shall, within ten (10) years, be removed or made to conform, except as follows:

1.

Any sign conforming to County laws at the time of annexation to the City and that is made nonconforming or illegal under the provisions of this chapter, shall be removed or brought into conformance within five (5) years after the date it became nonconforming. Any sign that has been declared nonconforming under County laws prior to annexation to the City shall be removed or brought into conformance with this chapter within the time period provided for under the County's law provided the time period is less than five (5) years.

A.

Signs and other advertising structures regulated in this chapter, when found by the Building Official to be unsafe or a menace to the public, or erected in violation of the provisions of this chapter, shall be and constitute a public nuisance and shall be subject to abatement.

B.

Any sign that, because of changes in building or site occupancy or use, does not comply with the requirements of this article, may be maintained for a period not longer than thirty (30) days after which time any such sign shall be in violation of the provisions of this chapter and subject to abatement within a period not exceeding one (1) year.

C.

Any sign or sign structure erected, altered, moved or maintained contrary to the provisions of this chapter, is declared to be unlawful and a public nuisance; and the City shall, upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provide by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such sign or structure.

The purpose of the Density Bonus Ordinance is to contribute to the feasibility of developing lower income housing within the City of Fowler. In accordance with Government Code Section 65915 et seq., the City shall grant to developers who meet all requirements of this chapter, either (1) a density bonus and an additional concession or incentive, unless determined unnecessary for affordability, or (2) provide an incentive or equivalent financial value. The increase in density must be at least twenty-five (25) percent, if requested, over the maximum authorized density.

This ordinance establishes procedures and criteria for use in the consideration of density bonuses for residential rental and ownership housing developments consistent with State Density Bonus Law requirements.

A.

As used in this article, the following terms shall mean:

Affordable housing means housing costs as defined in Section 50052.5 of the Health and Safety Code, or rents at qualifying levels for lower income or very low income households.

Concession or incentive means any of the following:

a.

A modification of development standards pertaining to building height, open space, lot size requirements, street access, off-street parking, landscaping, fencing, a reduction in setback and square footage requirements, or off-site improvements. Such reduction or modification requirements must exceed the minimum building standards approved in the Health and Safety Code.

b.

Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if such nonresidential uses are compatible with the housing project and the existing or planned development in the area.

c.

An additional ten (10) percent density bonus.

d.

Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable cost reductions.

e.

Direct financial incentives that include in order of City priority:

i.

Financial contributions or mortgage financing from the Redevelopment Agency's twenty (20) percent set-aside for low and moderate income housing (as available).

ii.

Modification of dedication requirements.

iii.

Waiver or reduction of fees (excluding connection charges).

iv.

Provision of publicly owned land.

Density Bonus means an increase in the number of dwelling units of at least twenty-five (25) percent over the otherwise maximum allowable density pursuant to the more restrictive of either the zoning ordinance or the land use element of the Fowler General Plan. The density bonus shall apply to housing developments of five (5) or more units. The density bonus shall not be included when determining the number of target units to be included within the development.

Equivalent Financial Value refers to the cost to the developer based on the land cost per dwelling unit. This is determined by the difference in the value of the land with and without the density bonus.

Housing Development means one (1) or more groups of projects for residential units constructed according to adopted planning and zoning procedures of the City.

Lower and Very Low Income Households are defined by income limits published by the State Department of Housing and Community Development. This applies to both housing for rent and for sale.

Senior Citizen means a qualifying resident according to the provisions of Section 51.2 of the California Civil Code and is either: (a) a person sixty-two (62) years of age or older, or (b) a person fifty-five (55) years of age or older living in a senior citizen housing development as defined in Section 51.3 of the California Civil Code.

Target Units, or Households means those units that are the subject of the density bonus or incentive provisions as follows:

a.

Twenty (20) percent of the units for lower income households, as defined in Section 50079.5 of the Health and Safety Code; or

b.

Ten (10) percent of the units for very low income households, as defined in Section 50105 of the Health and Safety Code; or

c.

Fifty (50) percent of the units for senior citizens, as defined in Section 51.2 of the Civil Code.

A.

When a housing developer agrees to construct at least, (a) twenty (20) percent of the total units of a housing development for lower income households, or, (b) ten (10) percent of the total units of a housing development for very low income households, or, (c) fifty (50) percent of the total units of a housing development for qualifying seniors, the Council shall either:

1.

Grant a density bonus and at least one (1) concession or incentive, unless the Council makes a written finding that the additional concession or incentive is not required in order to provide for affordable housing costs.

2.

Provide other incentives of equivalent financial value based upon the land cost per dwelling unit.

B.

The developer shall show that any requested waiver or modification of development or zoning standards is necessary to make the housing units economically feasible.

C.

In all cases where the City denies an additional incentive, it must make written findings that the additional incentive is unnecessary for affordability of the target units.

D.

The density bonus may be allowed as a density transfer within a group of contiguous housing developments under the same ownership. The density bonus units may be permitted in geographic areas of the housing development other than the areas where the target units are to be located.

E.

If a developer agrees to construct both twenty (20) percent of the total units for lower-income households and ten (10) percent of the total units for very low income households, the developer is entitled to only one (1) density bonus and at least one (1) additional concession or incentive although the Council may, at its discretion, grant more than one (1) density bonus.

F.

Units targeted for lower income households shall be affordable at an annual rent that does not exceed thirty (30) percent of eighty (80) percent of area median income. Units targeted for very low income households shall be affordable at an annual rent that does not exceed thirty (30) percent of fifty (50) percent of area median income.

G.

No minimum affordable prices are established for for-sale target units. However, lower or very low income households must be able to afford the target units, taking into consideration any mortgage subsidy programs.

H.

For both rental and for-sale units, the City shall use the income limits published by the State Department of Housing and Community Development in administering the State Density Bonus Law.

I.

To facilitate waiving or modifying development and zoning standards to be granted as an additional incentive, density bonus projects shall be developed as a Planned Unit Development or Precise Plan.

J.

The developer shall agree to and the Council shall ensure continued affordability of all target units for thirty (30) years (or longer if required by construction or mortgage financing, the mortgage insurance program, or the rental subsidy program). If the City makes written findings that additional concessions or incentives are not necessary, but provides only the density bonus, the developer shall agree to and the City of Fowler shall ensure continued affordability for ten (10) years of all target units. If senior housing subject to the density bonus is to be without income limits, then no affordability agreement is necessary.

K.

Any decision of the Council approving a density bonus, incentive or concession shall provide for the execution and recording of a development agreement that ensures the continued affordability of the density bonus units for such periods as may be required by State Law or the Council. Such development agreement shall run with the land and pass to and be binding upon the developer's successors; provided that on termination of the required time periods, the development agreement shall also expire. The development agreement shall set forth the conditions and guidelines to be met in the implementation of the Density Bonus Law requirements. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the developer to make units accessible to the intended target households.

L.

Rejection of any proposed housing development project complying with density bonus provisions as well as with the General Plan, zoning and development policies in effect at the time the application is found complete, must be based on both the following written findings, supported by substantial evidence on record:

1.

The project would have a specific, adverse impact upon public health safety, and

2.

There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified.

A.

A developer may submit a preliminary proposal for the development of housing pursuant to this article prior to the submittal of any formal entitlement requests. The City shall, within ninety (90) days of receipt of a written proposal, notify the developer in writing of the procedures under which it will comply with this article.

B.

The Director shall provide application forms for developers seeking a density bonus, concession or other incentive under this article. The forms shall require the applicant to provide at least the following information:

1.

Whether the applicant requests a density bonus, development incentive or concession, or both.

2.

Which target household group the housing development or project qualifies for (i.e. lower income, very low income, or senior citizen households).

3.

How the applicant proposes to enforce rental restrictions or sale-price restrictions, and whether said restrictions are proposed to extend for ten (10) years, thirty (30) years or some other term.

4.

Financial information regarding the land acquisition and construction costs of the project that demonstrate that the density bonus, development incentive or concession requested by the applicant is necessary to make the housing units economically feasible.

5.

How the applicant proposes to locate, screen and qualify tenants or buyers to ensure income qualifications are satisfied for all target or density bonus units.

6.

A detailed description of the target units showing the square footage, room sizes, lot coverage, household amenities, and initial rent structure or pricing schedule for each target unit to be constructed in the project.

C.

The completed application shall be filed with the Director at the same time as the entitlement request for the project. An application for project approval under any other provision of this chapter shall be considered incomplete until a duly completed density bonus application described in this section is filed with the Director, along with the applicable application fee.

D.

Except as otherwise provided in this section, the completed application shall be processed pursuant to the procedures for processing a Conditional Use Permit, including application fees.

E.

The Director shall notify the applicant within the ten (10) days of the filing of the application whether the application is complete and accepted.

F.

The City may rely on a third party to independently analyze the financial feasibility of the project in order to determine the necessity of providing additional incentives. The City may charge the applicant direct costs for such third party analysis.

G.

The Commission shall hold a public hearing on the application. Such hearing shall be held in conjunction with consideration of any related entitlement request filed by the applicant. Notwithstanding any other provision of this chapter, the Commission shall not have final approval authority for any project submitted for its review if the applicant has also filed a density bonus application under this section.

H.

The Council shall hold a public hearing on the application to consider the Commission recommendation. Such hearing shall be held in conjunction with consideration of any related entitlement request filed by the applicant. The decision of the Council shall be final.

A.

The Developer/Property Owner shall set aside each month, on completion of the project, the number of units designated for target households. A unit will be counted toward meeting the set-aside requirement if it is either vacant or occupied by a lower or very low income tenant or a senior citizen.

B.

The target units must be compatible in floor plan, furnishings, and exterior design to non-designated units. Further, the target units must be reasonably dispersed throughout the development.

C.

The Developer/Property Owner must provide the City a yearly accounting of: total units occupied and vacant, total units occupied by lower or very low income households or senior citizens, and the total by which the units set aside fell short of the required number of units (default units). In the event of default, the City shall have access to and inspect all of the records of the developer pertaining to the development. The City shall take whatever action at law or in equity necessary or desirable to enforce the obligations, covenants and agreements of the developer.

If any section, subsection, or clause of this article is declared unlawful, the remaining provisions shall remain in full force and effect.

Certain uses listed in this chapter are permitted only when subject to review and approval by the Director. Buildings, structures and land shall be used, designed, erected, altered, or enlarged for the purposes so listed in the district in which such building or land is located only after review and approval by the Director as provided in this chapter.

When an application for a use permitted subject to administrative review and approval is filed, a fee shall be paid for the purpose of defraying the costs incidental to the proceedings.

A.

The Director shall review the proposed use and, in writing, state his approval or disapproval of the proposed use, together with his findings and reasons for such decision, within ten (10) days of the filing of such request. At his or her discretion, the Director may refer the proposed use directly to the Commission for a public hearing and decision. If the proposed use is referred to the Commission, it shall be treated as a use subject to a conditional use permit and the procedures set forth in Article 25 shall be followed.

B.

In approving a use, the Director shall first make a finding that all of the following conditions exist:

1.

That the site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this chapter to adjust such use with the land and uses in the neighborhood;

2.

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and

3.

That the proposed use will not be detrimental to the character of the development in the immediate neighborhood.

C.

If an application is approved by the Director, the owners of property within a radius of three hundred (300) feet from the exterior boundaries of the property described in the application shall be notified in writing of the decision.

D.

All notices required by this section shall also be sent in the manner prescribed above to the members of the Commission and the Council.

A.

No decision of the Director shall be effective until a period of ten (10) days has elapsed following the written notice of his or her decision. During this period, any property owners notified, any member of the Commission or the Council, or the applicant may file an appeal to the Commission. The appeal shall be filed in writing and set forth the reason for such appeal.

B.

The Commission shall hear such appeal of the Director's decision within forty (40) days after the date of the filing of such appeal.

C.

No decision of the Commission shall be effective until a period of ten (10) days has elapsed following the written notice of its decision.

D.

During this period, any property owners notified or the applicant may file an appeal to the Council. The appeal shall be filed in writing and set forth the reason for such appeal.

E.

The Council shall hear such appeal of the Commission's decision within forty (40) days after the date of the filing of such appeal. The Council's decision shall be final.

F.

The applicant shall be notified in writing at the address shown on the application of the Director's decision; of the Commission's decision if an appeal is made; or of the Council's decision if an appeal is taken from the Commission's decision.

G.

If an application is disapproved by the Director, or by the Commission if appealed, or by the Council if an appeal is taken from the Commission's decision, a record of such disapproval shall be made and kept on file.

In certain zones, conditional uses are permitted subject to the granting of a use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties. The Commission is empowered to grant or deny applications for use permits and to impose reasonable conditions upon the granting of use permits, subject to appeal to the Council.

A.

Application for a use permit shall include the following information:

1.

Name and address of the applicant.

2.

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

3.

Address and legal description of the property.

4.

The application shall be accompanied by a site plan as required by Article 26.

5.

The purposes of the use permit and the general description of the use proposed.

B.

The application shall be accompanied by a fee set by resolution of the Council sufficient to cover the cost of handling the application.

C.

If the application is found to be accurate and complete, it shall be formally accepted. The date of formal acceptance shall be noted on the application.

A.

Notice of the Commission hearing shall be given in accordance with Article 4.

A.

The Commission, in recommending the approval of a conditional use permit, shall find as follows:

1.

That the site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this chapter to adjust such use with the land and uses in the neighborhood;

2.

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

3.

That the proposed use will have no adverse effect on abutting property or the permitted use thereof;

4.

That the conditions stated in the resolution are deemed necessary to protect the public health, safety, and general welfare. Such conditions may include:

a.

Special yards, spaces, and buffers;

b.

Fences and walls;

c.

Surfacing of parking areas subject to specifications;

d.

Requiring street dedications and improvements (or bonds) subject to the provisions of site plan review of this article, including service roads or alleys when practical;

e.

Regulation of points of vehicular ingress and egress;

f.

Regulation of signs;

g.

Requiring landscaping and the maintenance thereof;

h.

Requiring the maintenance of the grounds;

i.

Regulation of noise, vibration and odors;

j.

Regulation of time for certain activities;

k.

A bond for the removal of such use within a specified period of time; and

l.

Such other conditions as will make possible development in an orderly and efficient manner.

B.

A use permit may be revocable, may be granted for a limited time period, or may be granted subject to conditions as the Commission may prescribe. The Commission may grant conditional approval for a use permit subject to the effective date of a change of zone, other ordinance amendment, annexation, or tentative subdivision map.

C.

The Commission shall provide its decision by resolution within forty (40) days after the public hearing. Such resolution shall set forth the findings of the Commission and any recommended conditions, including time limits, deemed necessary to protect the health, safety, and welfare of persons in the neighborhood and in the community as a whole.

A.

The Commission's action may be appealed to the Council in conformance with Sections 9-5.418 and 9-5.419.

B.

Notice of an appeal hearing before the Council shall be subject to the same provisions of the Commission hearing.

C.

The Council may affirm, reverse or modify a decision granting a use permit. If modified, the Council shall, on the basis of the record transmitted by the Commission and such additional evidence as may be submitted, make the findings requisite to the granting of a use permit prescribed in Section 9-5.25.04.

D.

A use permit shall become effective immediately when granted or affirmed by the Council.

A.

A use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the use permit application.

B.

Revocation of use permits shall be subject to the requirements of Article 4.

C.

The Council, on its own motion, at a public hearing, with or without a recommendation from the Commission, may revoke any conditional use permit for noncompliance with the conditions set forth in granting such permit.

A.

Any use listed below may be permitted in any zone in the City unless otherwise provided in this chapter after a conditional use permit has been issued. Any use listed below shall not be permitted in any zone in the City without such permit.

1.

Airports;

2.

Cemeteries;

3.

Churches;

4.

Columbaria, crematories, and mausoleums; provided that none shall be permitted in any R or RM zone unless with a cemetery;

5.

Public utility facilities, including water wells, substations, communication equipment buildings, and excluding pole and distribution mains;

6.

Radio or television transmitters;

7.

Golf courses;

8.

Hospitals, sanitariums, and mental hospitals;

9.

Railroads, except that railroads shall be permitted by right in the C-3, M-1, and M-2 districts;

10.

Uses attracting or involving large assemblages of persons or vehicles, such as amusement parks or fairgrounds, open air theaters, stadiums, race tracks, and rodeo grounds. None of the foregoing shall be allowed in any R or RM zone;

11.

Mortuaries, except that mortuaries shall be permitted by right in the C-2 district;

12.

Institutional buildings;

13.

Educational institutions, except that the foregoing shall be permitted by right in the RCO district;

14.

The sale of alcoholic beverages by retail uses for consumption either on-site or off-site. (The foregoing shall not be permitted in any "R" zone unless associated with a use otherwise permitted by Conditional Use Permit). Alcoholic beverages shall be defined as those beverages requiring licensing for sale by the California State Department of Alcoholic Beverage Control ("ABC License").

Notwithstanding anything to the contrary in this Article, or in Fowler Zoning Ordinance, existing retail uses selling alcoholic beverages for consumption either on-site or off-site without a CUP on file at the time of ordinance amendment shall be required to secure a CUP within one hundred twenty (120) days of ordinance adoption at no cost to the applicant. Other existing uses described above at the time of ordinance amendment shall be allowed to continue operating as before and shall be considered legal nonconforming uses. However, a conditional use permit shall be required for all uses contained in this section under any one (1) of the following circumstances:

A.

There is a substantial change in the mode or character of the operation of the business.

B.

There is a break in the continuous operation of the business, except (i) a closure for not more than thirty (30) days for the purpose of repair, if that repair does not change the nature of the business and does not increase the square footage of the business used for the sale of alcoholic beverages; or (ii) closure for longer than thirty (30) days if the purpose is for restoration of premises rendered totally or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages.

C.

If the premises is required to have a liquor license and the premises obtains a different type of liquor license whether within the same or different license classification.

D.

If there is a change in status of the owner of the business.

A.

The purpose of site plan review is to enable the City to make a finding that the proposed development is in conformance with this ordinance and to guide issuance of permits. More specifically, site plan review is provided to ensure that structures, parking areas, walks, refuse containers, landscaping and street improvements are properly related to the site and surrounding sites and structures; to avoid unsightly or monotonous site development; and to encourage originality in site design and development.

A.

Application for a site plan review shall include the following data:

1.

Name and address of the applicant.

2.

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

3.

Address and legal description of the property.

4.

Plot plans, drawings, and other pertinent information as may be required.

B.

The application shall be accompanied by a fee set by resolution of the Council sufficient to cover the cost of handling the application.

C.

If the application is found to be accurate and complete, it shall be formally accepted. The date of formal acceptance shall be noted on the application.

D.

The site plan shall be drawn to scale and indicate clearly and with full dimensions, the following information:

1.

Lot or site dimensions.

2.

All buildings and structures; including elevation, floor plans, and proposed use.

3.

Yards and space between buildings.

4.

Walls and fences: location, height and materials.

5.

Off-street parking and off-street loading areas; internal circulation pattern.

6.

Access—pedestrian, vehicular, service: points of ingress and egress.

7.

Signs: location, size, height and type of illumination, if any, including hooding devices.

8.

Lighting: location and general nature, hooding devices.

9.

All adjacent streets or alleys, showing right-of-way and dedication widths, reservations widths, and existing or proposed improvements.

10.

Landscaping: location, type, size and botanical name of plants and method of irrigation.

11.

Refuse enclosures: location, type and material.

12.

Existing utilities to the site.

13.

Adjacent public right-of-way, including median island detail where applicable.

14.

Proposed surfacing of all paved areas.

15.

Proposed drainage of the site.

16.

Any phasing of a project shall be included as a part of the application.

17.

Roof-mounted equipment and screening, existing and proposed.

18.

Such other data pertaining to site development as may be required to make the required findings.

C.

Minor changes in property use or change in occupancy:

1.

Minor changes in property use or occupancy that do not warrant full site plan review as determined by the Director will be required to submit plot plans drawn to scale and make reasonable minor improvements or upgrade existing improvements as per City requirements.

2.

Minor changes in property use or occupancy that are in a neglected state of repair or maintenance as determined by the Director will be required to process a full site plan review and be required to upgrade the property as per City requirements.

A.

Within fifteen (15) working days after submission, the City shall review the site plan to determine compliance with this ordinance. If it is determined that the site plan cannot be approved without granting a variance or use permit, or amending this ordinance, the applicant shall be notified in writing and no action on the site plan shall take place until proper application for a variance, use permit, or amendment has been filed and acted upon as prescribed by this ordinance.

B.

The Director may require the submittal of additional information or revised plans. The applicant shall be notified in writing of any revisions or additional information required and shall submit such information. Failure to submit required information may be cause for site plan disapproval.

C.

Except as provided under A. and B. above, within twenty-five (25) working days after the acceptance of the site plan, the Director shall approve, approve with conditions, or disapprove the site plan. In approving the site plan, the Director shall make the following findings:

1.

All applicable provisions of this ordinance are complied with.

2.

The following are so arranged that traffic congestion is avoided and that pedestrian and vehicular safety and welfare are protected and there will not be adverse effect on surrounding property:

a.

Facilities and improvements.

b.

Vehicular ingress, egress, internal circulation and off-street parking and loading.

c.

Setbacks.

d.

Height of buildings.

e.

Walls and fences.

f.

Landscaping, including screen planting and street trees.

g.

Drainage.

D.

Proposed lighting is so arranged as to deflect the light away from adjoining properties.

E.

Proposed signs will comply with all of the applicable provisions of Article 22 of this ordinance.

F.

That adequate provision is made to reduce adverse or potentially adverse environmental impacts to acceptable levels.

In making the above findings, the Director shall determine that approvals will be consistent with established legislative policies relating to traffic safety, street dedications and street improvements, environmental quality, and to Zoning, Fire, Police, Building, and Health codes.

G.

The Director's decision shall be final unless appealed to the Commission.

H.

When in the opinion of the Director the site plan submitted is of such consequence or involves public controversy, the Director may refer such to the Commission for public hearing.

I.

The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the Director, with one (1) copy mailed to the applicant, one (1) copy filed with the Building Official.

J.

The owners of property within a radius of three hundred (300) feet from the exterior boundaries of the property described in the site plan application shall be notified in writing of the decision.

K.

Revisions by the applicant to an approved site plan shall be resubmitted in the manner required for drawings first submitted.

L.

The Director may authorize minor modifications to approved Site Plans and waive the requirement of a Site Plan for minor construction or site improvements (e.g.: signs, limited parking lot modifications, small building additions, accessory structures, fences, etc.) provided that:

1.

The basic relationship of the proposed development, improvements, or construction to adjacent property is not adversely affected.

2.

There is no conflict or nonconformance with the requirements or intent of the Code or the General Plan.

3.

The fundamental character of the development as a whole is not detrimentally changed.

A.

Within ten (10) days following the date of a decision of the Director on a site plan application, the decision may be appealed to the Commission by the applicant or any other interested party. An appeal and required fee shall be filed, and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Director or wherein its decision is not supported by the evidence in the record.

B.

The Commission shall hear the appeal at its next available meeting. The Commission may affirm, reverse or modify a decision of the Director, provided that if a decision is modified or reversed, the Commission shall make the applicable findings prerequisite to the approval of a site plan as prescribed in Section 9-5.26.03.C.

C.

A site plan that has been the subject of an appeal to the Commission shall become effective within fifteen (15) days following the date on which the site plan is affirmed or modified by the Commission.

D.

The Commission's actions may also be appealed to the Council in the same manner prescribed for the appeal to the Commission.

All projects subject to Site Plan Review shall be subject to the provisions of Article 16.

A.

In recommending approval of a site plan, the Director shall state conditions of approval necessary to protect the public health, safety and general welfare. Such conditions may include consideration and/or requirement of the following:

1.

Special yards, spaces and buffers.

2.

Fences and walls.

3.

Surfacing of parking areas and provisions for surface water drainage.

4.

Requiring street dedications and improvements, including service roads or alleys when practical, and the requiring of drainage, sewer and water connection fees when applicable.

5.

Regulation of points of vehicular ingress and egress.

6.

Regulation of signs.

7.

Requiring maintenance of the grounds and the undergrounding of utilities.

8.

Requiring landscaping and refuse enclosures and maintenance thereof.

9.

Regulation of noise, vibration, odors and other similar characteristics.

10.

Measures necessary to eliminate or to effect mitigation to acceptable levels of adverse environmental impacts.

11.

Regulation of time for certain activities to be conducted on the site.

12.

Regulation of the time period within which the propose use shall be developed.

13.

A bond, deposit of money, recorded lien secured by deed of trust, or letter of credit for the completion of street and site improvements and other facilities or for the removal of such use within a specified period of time, to assure conformance with the intent and purposes set forth in this ordinance.

14.

Such other requirements that reasonably may be required by the Commission.

B.

All conditions of site plan approval shall be fully complied with prior to the issuance of any Certificate of Occupancy. It shall be unlawful for any person to construct, occupy or maintain any building, facility or site without fully complying with all of the conditions of site plan approval or any other applicable requirement of this chapter.

Because of changes that may occur due to drainage conditions, utility service requirements, or vehicular traffic generated by facilities requiring a site plan review, the following dedications and improvements may be deemed necessary and may be required as a condition or conditions to the approval of any site plan:

A.

Development bordering or traversed by an existing street:

If the development borders or is traversed by an existing street, the applicant may be required to:

1.

Dedicate all necessary rights-of-way to widen a bordering minor or collector street to the extent of one-half (½) the ultimate width established by the City as the standard for such minor or collector street, or the full extent required for a frontage road.

2.

Dedicate all necessary rights-of-way to widen a traversing minor or collector street to its ultimate width established by the City as the standard for such minor or collector street.

3.

Dedicate all necessary rights-of-way to widen a bordering or traversing arterial street to the standards of width established by the City.

4.

Set back all facilities the required distance from ultimate property lines along an arterial or collector street as shown on any master, official or precise plan of streets and highways, or by the City's General Plan.

5.

Install curbs, gutters, sidewalks, street signs, street lights and street trees along one side of a bordering or along both sides of a traversing minor, collector or arterial street.

6.

Install utilities and drainage facilities to the full extent of the service requirements generated by the development.

B.

All improvements shall be to City standards and shall be installed at the time of development. Where it is determined by the City that it is impractical to put in any or all improvements at the time of development, an agreement to make such improvements may be accepted in lieu thereof. The applicant shall enter into an agreement with the City for the provision of improvements before a building permit may be issued, at which time there shall be funds deposited with or in favor of the City, to guarantee the making of such improvements.

C.

Street dedications and improvements which may be required by this section shall be considered only on the principle that they are required as near as practical in proportion to the traffic, utility and other demands generated by the proposed development.

Before a building permit shall be issued for any structure or sign proposed as part of an approved site plan, the Building Official shall determine that the proposed building location, facilities and improvements are in conformity with the approved site plan. Before a building may be occupied or a sign erected, the Building Official shall certify that such improvements have been made in conformity with the plans and conditions approved by the City.

A site plan approval shall lapse and become void one (1) year following the date on which approval by the Director, Commission or City Council became effective unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued. Approval may be extended by the Director for an additional period or periods of one (1) year upon written application to the City before expiration of the first approval.

The revocation of a site plan shall be governed by the provisions of Article 4 of this ordinance.

A site plan approved pursuant to the provisions of this ordinance shall run with the land and shall continue to be valid upon a change of ownership of the site which was the subject of the site plan.

A.

The Commission may grant variances in order to prevent unnecessary hardships that would result from a strict or literal interpretation and enforcement of regulations prescribed by this ordinance. A practical difficulty or unnecessary hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from physical conditions on the site or in the immediate vicinity, or from population densities, street locations, or traffic conditions in the immediate vicinity. The power to grant variances is subject to appeal to the Council.

A.

Application for a variance shall be made to the Commission and shall include the following:

1.

Name and address of the applicant.

2.

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

3.

Address and legal description of the property.

4.

The application shall be accompanied by such sketches or drawings as may be necessary to clearly show the applicant's proposal.

5.

The purposes of the variance and the general description of the use proposed.

B.

The application shall be accompanied by a fee set by resolution of the Council sufficient to cover the cost of handling the application.

C.

If the application is found to be accurate and complete, it shall be formally accepted. The date of formal acceptance shall be noted on the application.

A.

Notice of the Commission hearing shall be given in accordance with Article 4.

A.

The Commission may grant a variance to a regulation prescribed by this ordinance with respect to fences and walls, site area, width, frontage, coverage, front yard, rear yard, side yards, height of structures, distances between structures, landscaped areas, signs, or parking (if based on the findings of a parking study prepared by a registered traffic engineer) or in modified form if the Commission makes the following findings:

1.

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship inconsistent with the objectives of the Zoning Ordinance.

2.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone.

3.

That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone.

4.

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone.

5.

That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

B.

The Commission may grant a variance with respect to off-street parking facilities, if the Commission makes the required findings and also finds that the granting of the variance will not result in vehicle parking so as to interfere with the free flow of traffic.

C.

A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions.

D.

The Commission shall announce its recommendation by resolution within forty (40) days after the conclusion of the public hearing. Such resolution shall set forth the findings of the Commission deemed necessary to protect the health, safety, and welfare of persons in the neighborhood and in the community as a whole.

A.

The Commission's action may be appealed to the Council in conformance with Sections 9-5.418 and 9-5.419.

B.

Notice of an appeal hearing before the Council shall be subject to the same provisions of the Commission hearing.

C.

The Council may affirm, reverse, or modify a decision granting a variance. If modified, the Council shall, on the basis of the record transmitted by the Commission and such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance prescribed in Section 9-5.27.04.

D.

A variance shall become effective immediately when granted or affirmed by the Council.

A.

A variance granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valued upon a change of ownership of the site or structure that was the subject of the variance application.

A.

Expiration, extension of time, and expiration by non-use of a variance shall be subject to the requirements of Article 4.

B.

Revocation of a variance shall be subject to the requirements of Article 4.

C.

The Council, on its own motion, at a public hearing, with or without a recommendation from the Commission, may revoke any variance for noncompliance with the conditions set forth in granting such permit.

A.

When in the public interest, the Director may consider and render decisions on applications involving minor deviations from the provisions of this chapter, limited to the following:

1.

Area and lot dimension requirements may be reduced by not more than ten (10) percent of that required in the district.

2.

Yard requirements may be reduced by permitting portions of a building or structure to extend into and occupy not more than ten (10) percent of the area of a required yard.

3.

Maximum building height may be increased by not more than ten (10) percent.

4.

The reconstruction or remodeling of nonconforming buildings may be permitted if, in the Director's judgment, it will bring such buildings and subsequent use into greater conformity with the use permitted in the district.

5.

Wall and fencing requirements in the P, C, and M Districts may be waived provided adjacent residential parcels are proposed for nonresidential use as shown on the adopted General Plan.

6.

Maximum sign size may be increased by not more than ten (10) percent.

7.

Residential fencing may be increased to a height not to exceed seven (7) feet.

8.

Required off-street parking may be reduced by not more than ten (10) percent.

9.

Parking lot shading requirements may be reduced by not more than ten (10) percent.

B.

Such decisions shall be based on the findings of Section 9-5.27.04.

C.

The Director shall make such decisions within fifteen (15) days after the date of the filing of such applications.

D.

The denial by the Director of an application involving a minor deviation shall not prohibit or affect the right of the applicant to file an application for a variance pursuant to the provisions of this section.

Planned unit developments (PUDs) are encouraged to achieve a more functional and aesthetically pleasing environment that otherwise might not be possible by strict adherence to the regulations of this ordinance. A planned unit development may include a combination of different dwelling types and/or a variety of land uses made to complement each other and harmonize with existing and proposed land uses in the vicinity.

A PUD may be located in any district upon the granting of a conditional use permit or by applying the PUD Overlay District in accordance with the provisions of Section 9-5.28.10 of this chapter.

A.

A PUD shall include only those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located, subject to the following exceptions:

1.

Any combination of uses permitted in an R or RM District.

2.

Within any R or RM district, up to thirty-five (35) percent of the PUD may be developed with uses permitted or conditionally permitted in the C-1 district.

3.

Within any C-1 or C-2 district, up to thirty-five (35) percent of the PUD may be developed with uses permitted or conditionally permitted in the RM district.

4.

Any combination of uses permitted in any C-1, C-2, C-3, C-H, M-1, or M-2 District as a permitted use, a use permitted by administrative approval, or conditional use, may be located in a PUD located in an M-1 or M-2 District.

The minimum site area for a PUD shall be one (1) acre.

A.

The standards of site area and dimensions, site coverage, yard spaces, distances between structures, off-street parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the district in which the PUD is located if the applicant has demonstrated through a design proposal that the objectives of the zoning ordinance and the objectives of this article will be achieved.

B.

Usable open space shall be provided for all planned unit developments that include residential uses. Such open space shall include a minimum of ten (10) percent of the net site area of the residential portion of a PUD.

C.

The number of dwelling units shall not exceed the maximum density prescribed by the General Plan or the site area regulations in which the planned unit development is located.

D.

PUDs shall be subject to the following site design criteria:

1.

Location of proposed uses and their relationship to each other shall be consistent with General Plan policies and zoning requirements.

2.

Such features as the viewshed and mature vegetation are to be considered.

3.

If a planned unit development is located adjacent to an arterial or collector street, or other existing possible land use conflict, adequate buffering shall be included in the plan.

4.

Landscaping shall conform with the general standards imposed by the underlying zone. Additional landscaping may be required as part of a PUD.

5.

Vehicle circulation shall be based on a street pattern as outlined within the Circulation Element of the General Plan. Use of private streets and variations to normal City street standards are encouraged.

6.

Pedestrian access and bicycle paths should be incorporated within PUDs when possible.

7.

Parking shall conform with the parking standards contained in Chapter 9-5.20

8.

Guest parking and storage parking shall be encouraged.

9.

Parking shall be screened from adjacent public rights-of-way to the maximum extent possible. Such screening may include plantings, fences, or landscaped berms.

The regulations prescribed in Article 25, Conditional Use Permits, shall control the procedure for processing a planned unit development, subject to the following procedures:

A.

The application shall be accompanied by a general development plan of the entire planned unit development, drawn to scale and showing provisions for: types, lot layout, locations, heights and elevations of structures and landscaped areas; draining of storm water; public utility rights-of-way; streets, driveways and pedestrian walks; off-street parking and loading facilities; and reservations and dedications for public uses.

B.

The application shall be accompanied by a tabulation of the area proposed to be devoted to each land use, the average population density and the number of housing units per acre in the area proposed to be devoted to residential use.

C.

When a PUD involves a tentative parcel map or subdivision map and/or that would also necessitate exceptions to regulations of the subdivision ordinance, the Commission may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of paragraph A. and B. of this section may be waived temporarily, provided the applicant submits the following:

1.

In lieu of the drawing of the site prescribed in paragraph A., the application shall be accompanied by a schematic drawing showing the general relationships contemplated among all public and private uses and existing and proposed physical features.

2.

A statement setting forth the means of drainage, dwelling types, nonresidential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and landscape maintenance, area to be devoted to various uses and population density per net acre contemplated by the applicant. Upon approval of a tentative subdivision map, the applicant shall submit a development plan in accordance with the requirements of paragraphs A. and B. of this section before the Commission may grant a final approval of the applicant's proposal.

D.

The Commission shall hold a public hearing in conformance with Article 4. The decision of the Commission shall be final unless appealed to the Council in conformance with Article 4.

E.

In cases where a density bonus is requested in conformance with Article 23, the Commission's recommendation shall be forwarded to the Council for final hearing and decision.

A.

The Commission may grant a use permit for a PUD as submitted or in modified form if, on the basis of the application and the evidence submitted, the Commission makes the following findings:

1.

That the proposed location of the PUD is in accordance with objectives of the zoning ordinance.

2.

That the proposed location of the PUD and the conditions under which it would be operated will not be detrimental to the public health, safety and welfare or materially injurious to properties or improvements in the vicinity.

3.

That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distance between structures, off-street parking and off-street loading, landscaped areas and street design will produce a stable and desirable environment consistent with the objectives of the zoning ordinance.

4.

That the proposed PUD will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

5.

That the combination of different dwelling types and/or variety of land uses will complement each other and will harmonize with existing and proposed land uses in the vicinity.

A.

Minor amendments to an approved PUD may be granted by the Director. Major amendments shall be processed as an amendment to a conditional use permit with required public hearings. Major amendments include, but are not limited to:

1.

Changes in residential density (more than ten (10) percent).

2.

Changes in land use relationships.

3.

Changes in the location and/or scope of open space.

4.

Changes in circulation patterns.

5.

Other changes as determined by the Commission upon request by the applicant or Director.

A.

A permit for a PUD shall expire, be revoked, or be extended in conformance with Article 4.

The PUD Overlay District is intended for application to those residential, office, commercial, and industrial base zoning districts designated by the General Plan or by the City Council as areas to assure that property will be developed in a manner superior to that which would otherwise be achieved through regulations of the base zoning district.

A.

The development of property within a PUD Overlay District shall be subject to all of the regulations and procedures prescribed within this Chapter.

B.

The PUD Overlay District shall be designated on the Zoning Map by use of the symbol otherwise used to designate the underlying zone district, followed by the letters "PUD".

C.

The PUD Overlay District may be established at any time, either concurrently with, and as a part of, the proceedings for the establishment or change of zoning, or with respect to any established zone.

A.

A nonconforming use is a use of a structure or land that was lawfully established prior to adoption of this ordinance but that, under this ordinance, does not conform with regulations for the zone in which it is located. This article limits the number and extent of nonconforming uses.

B.

A nonconforming structure is a structure that was lawfully erected prior to the adoption of this ordinance but that, under this ordinance, does not conform with regulations for the zone in which the structure is located. While permitting use and maintenance of nonconforming structures, this article limits the extent of nonconforming structures.

A.

A use lawfully occupying a structure or a site on the effective date of this ordinance or of amendments thereto that does not conform with the regulations for the zone in which the use is located, shall be deemed to be nonconforming and may be continued as provided in this article.

B.

A structure lawfully occupying a site on the effective date of this ordinance or of amendments thereto that does not conform with the standards of coverage, front yard, side yards, rear yard, height of structure or distances between structure prescribed in the zone in which the structure is located, shall be deemed to be nonconforming and may be used and maintained as provided in this article.

C.

Except as otherwise provided in this section, a site having an area, frontage, width or depth, less than the minimum prescribed for the district in which the site is located, that is shown on a recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of this ordinance, and that had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use listed for the district in which the site is located, but shall be subject to all other regulations for such district.

D.

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on nonconforming structures.

A.

The nonconforming use of a nonconforming structure existing on the effective date of this ordinance may be continued, and may be extended throughout such structure.

B.

A nonconforming use of a nonconforming structure may be changed to another nonconforming use subject to the provisions of this chapter and a finding by the Director that the new use is similar in character to and will not have effects more detrimental than the previous use.

C.

A structure that is nonconforming solely by reason that it does not comply with one (1) or more height, yard or area regulations, for the purposes of this section, shall be deemed to be a conforming structure.

D.

Any nonconforming structure, except a dwelling, that is vacant for a continuous period of more than one (1) year, shall not thereafter be occupied except by a use that conforms with the regulations of the zone in which such nonconforming structure is located.

A.

The nonconforming use of a conforming structure existing on the effective date of this ordinance may be continued only as follows:

1.

The nonconforming use shall not be extended into any other portion of such structure.

2.

If the nonconforming use is discontinued for a continuous period of more than one (1) year, any future use shall conform to provisions of this chapter.

3.

If the structure is a dwelling, the nonconforming use shall be discontinued within three (3) years of the effective date of this ordinance, except that any person who was conducting a nonconforming use in the dwelling on the effective date of this ordinance may continue to conduct the nonconforming use without a time limit. This privilege shall not be transferable.

4.

A nonconforming use of a conforming structure that is not a dwelling may be changed to another nonconforming use subject to the provisions of this chapter and a finding by the Director that the new use is similar in character to and will not have effects more detrimental than the previous use.

A.

The nonconforming use of land where no structure (excepting fences) is involved in connection with such use, and nonconforming signs or billboards, existing on the effective date of this ordinance, or which thereafter becomes subject to the provisions of this ordinance, may be continued for a period of not more than three (3) years thereafter.

B.

If a structure involved in connection with a nonconforming use of land is removed, or destroyed to the extent of more than seventy-five (75) percent of its reasonable value, or such nonconforming use of such structure is discontinued, such nonconforming use of such land may be continued for a period of not more than three (3) years after the date of such removal, destruction or discontinuation.

C.

No nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, or changed except to a conforming use.

D.

If a nonconforming use of land that is permitted to be continued under any of the provisions of this section is discontinued, any future use of such land shall conform to the provisions of this chapter.

A.

A nonconforming structure destroyed to the extent of not more than seventy-five (75) percent of its reasonable value by fire or other casualty, or by Act of God, may be restored, and the occupancy or use of such building or structure that existed at the time of such partial destruction may be continued. The time for removal or alteration of such a restored structure shall nevertheless be the same as if such structure had not been thus restored.

B.

If a nonconforming structure is so destroyed to an extent of more than seventy-five (75) percent of its reasonable value, the structure may not be restored, and may not be occupied and used, except in conformity with this chapter.

A.

No nonconforming structure shall be structurally altered or enlarged, except as follows:

1.

Where required by ordinance or stature, or in order to make the building or structure conform;

2.

Any building or structure that is nonconforming solely by reason of yard or height requirements may be structurally altered or enlarged; provided that all alterations or additions shall comply with the yard and height requirements of the zone, and further provided that the entire building or structure so altered or enlarged complies with all other requirements of this ordinance other than yard and height.

3.

Modest expansion or remodeling of an existing nonconforming residential structure or use, limited to fifty (50) percent or less of the value of the existing structure. Such remodeling or expansion shall be subject to the provisions of Article 24.

A.

A nonconforming use that does not occupy a structure shall be discontinued and removed from the site within three (3) years from the effective date of this ordinance.

B.

If a nonconforming building or structure is removed, every future use of such premises shall be in conformity with the provisions of this chapter.

C.

A nonconforming structure in a C or M zone may be continued, subject to the preceding provision.

D.

In all R zones, every nonconforming structure other than a residential dwelling, designed or intended for use not permitted in such zone shall be completely removed or altered to structurally conform to the uses permitted in such zone, provided:

1.

Such time for removal or alteration may not be fixed for a date before the expiration of the normal life of such building or structure as determined by the Director;

2.

In no event may the normal life of such building or structure be fixed at less than forty (40) years from its original construction.

3.

No such order shall require the removal or alteration of such building or structure sooner than three (3) years from the time such order is made;

4.

Within ten (10) days after the making of such order, the Director shall give notice thereof to the owner of record of such structure by causing a copy of the order to be personally served on such owner or mailed to such owner by registered or certified mail, and by causing a copy of the order to be recorded in the office of the county recorder;

5.

Not less than sixty (60) days and not more than ninety (90) days before the time fixed for removal or alteration, the Director shall give the owner of record of such structure written notice thereof in the manner above-mentioned, and shall give the occupants of such building notice thereof by posting such notice on the structure in a conspicuous place.

E.

A nonconforming home occupation shall be discontinued within one (1) year.

F.

Fences, walls, and hedges that do not conform to the provisions of this ordinance governing the erection of fences, walls, and hedges in relation to street intersections shall, within one (1) month of receipt of written notification, be removed or made to conform.

Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of ninety (90) days, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located.

Whenever a use or structure becomes nonconforming because of a change of boundaries or regulations for the district in which the site is located, the period of time prescribed in this section for the elimination of the use shall be computed from the effective date of the change of district or regulations, and the Building Official shall carry out the provision of Section 9-5.29.11, below.

Within one (1) year after the effective date of this ordinance, the Director shall notify, in writing, the owners of all nonconforming structures, uses, signs and fences, walls and hedges, of the nonconforming status of their property and the date when such structure or use shall be removed or made conforming by said owners, if such removal or conformance is required by the provisions of this ordinance. An excerpt of this ordinance will be attached to said notice.

Nothing in this ordinance pertaining to nonconforming structures and uses shall be construed or applied to require termination or removal or to prevent the expansion, modernization, replacement, maintenance, alteration, or rebuilding of public structures, uses, equipment, and facilities, pertaining directly to the rendering of the service, provided that there is no change of use or increase of those areas so used.