Division 2 — GENERAL DEVELOPMENT STANDARDS

No building or structure shall be erected, reconstructed, structurally altered, enlarged, repaired, moved, or maintained, nor shall any building, structure or land be used or designed to be used for any purpose other than those permitted in the zone in which such building, structure, or land is to be located, and then only after all permits and licenses required by this Code and all laws and other ordinances have been applied for and secured, and all other provisions of this Code or other law are complied with. Any permit issued in violation of, in error, or in conflict with the requirements of this section notion shall be considered null and void.

No building permit shall be issued for any building or structure on any lot or parcel of land unless the lot or parcel abuts directly upon a dedicated public street with frontage as established by the zone in which developed or as set forth for lots in Chapter 26. Existing legal non-conforming lots without street frontage may be permitted with recorded access easements.

Nonconforming lot size. When a lot has an area, width, or depth less than that prescribed by this Code and was held under separate ownership or was of record as of April 4, 1957, the lot may be occupied by any use permitted in the zone subject to the regulation of this article. Lots shall have a minimum street frontage of 20 feet to accommodate a residential use. Any structure or structures which are constructed upon a nonconforming lot shall be subject to all building setback requirements as specified within the particular zoning district in which the parcel is located.

Where any requirements of this article result in a fraction of a unit, a fraction of five-tenths or more shall be a whole unit and a fraction of less than fivetenths shall be disregarded. Residential units shall not exceed the density ranges established in Article V Table No. 30-434.

In order to protect future right-of-way lines as set forth by the City of Fontana, and hierarchy of streets as shown on the general plan, community, mobility, and circulation element, it is necessary that official highway setback lines be established.

(a)

Required setback. Any person constructing, erecting, enlarging, or relocating a structure or portion of any structure fronting or siding on any street, highway, or other right-of-way for vehicular travel shall place such structure no closer to the right-of-way than as indicated by the development standards outlined in the various zoning districts.

(b)

Greater setback may be required. Where a setback distance clearly exists as a general pattern in a particular block or area, the setback requirements for the area shall be no less than the distance established by the existing setback pattern in the block or area, as determined by the approval body.

(c)

Lesser setback. The approval body may adopt by resolution a lesser setback line by way of variance along any street or highway when the existing setback of buildings or structures in an area necessitates a modification in the highway cross-section standard for that street or highway or as determined by the City Engineer.

(d)

Location of centerline. In those cases where there is a question as to the location of the official centerline of the street or highway, the City Engineer shall determine the precise location of the centerline.

(e)

No use or storage within setbacks. All used car lots, parking lots, gasoline pump islands, or similar open storage or use, shall be designed, located, and maintained in such a manner as to comply with the building setback provisions as set forth in this pursuant to the appropriate article herein. Auto display areas for car sales may be approved in a required setback area with a conditional use permit pursuant to the appropriate article herein. No utility transformer shall be located within any street/highway setback area.

(f)

Projection into landscape setbacks along public rights-of-way. A landscape setback along public rights-of-way may be reduced by up to 50 percent where a deceleration lane or bus bay would result in an encroachment into the required landscape setback area.

(1)

The reduced landscape setback area shall be no more than the length of the required deceleration lane or bus bay, as determined by the City Engineer.

(2)

Does not include any reduction of the landscaped area requirement or landscape screening requirement for parking areas.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)

Sec. 30-418. - Other setbacks.

(a)

The street/highway setbacks shall be measured parallel to the street right-of-way. Identified architectural projections may encroach into the setback, see appropriate zoning sections.

(b)

Future street or right-of-way. If any future right-of-way line has been established by provisions of a specific ordinance or by the general plan circulation element, then the measurement of the yard shall be made from the future right-of-way line.

Sec. 30-419. - Through lots.

The primary structure/dwelling placement shall established the front setback, as determined by the subdivision design, existing developments in the area, or the approval body through an entitlement process. All other buildings shall be governed by the setback regulations of the zone in which the property is located.

Sec. 30-420. - Structures permitted above height limit.

The following structures are permitted to exceed the specified height limits no more than 25 percent of the allowed maximum in the various zone districts: roof structures for the housing of elevators, stairways, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers/steeples, flagpoles, and chimneys/smokestacks. No structure shall be allowed for the purposes of providing additional floor space. The 25 percent height limitation does not apply to wireless antennae and/or towers for cellular communications.

ARTICLE V. - RESIDENTIAL ZONING DISTRICTS DIVISION 1. - GENERALLY

Sec. 30-421. - Purpose.

The intent of this article is to create, preserve, and enhance residential neighborhoods suited for a range of development types and lifestyles. Consistent with general plan land use policy, this article establishes design guidelines and development standards intended to:

(1)

Encourage superior architectural, landscape, and other design treatment in all types of residential structures.

(2)

Provide flexibility in overall project design.

(3)

Protect residential neighborhoods from incompatible land uses.

(4)

Ensure that all residential development is sensitive to environmental constraints and responsive to environmental resources.

Sec. 30-422. - How to use this article.

Subsequent sections of this article describe permitted land uses in residential zoning districts and the development standards and design guidelines applicable to these uses. All uses must comply with the development policies, use regulations, development standards, performance standards and design guidelines established by this article.

The development standards contained in this article serve only as minimum standards for development on a lot. All permitted uses must also adhere to the provisions of the other sections.

Seven residential zoning districts are established as follows:

(1)

Residential estates (R-E). A single-family zoning district that permits low density residential uses, as well as accessory agricultural uses. This district applies primarily to outlying rural areas.

(2)

Single-family residential (R-1). The typical single-family zoning district that permits detached residences on individual lots within defined neighborhoods.

(3)

Medium-density residential (R-2). A medium intensity, multiple-family zoning district that permits the development of attached and detached single-family, duplex and multiple-family dwellings, as well as condominiums.

(4)

Multiple-family residential (R-3). This multiple-family residential zoning district permits development such as garden apartments, condominiums and townhouses.

(5)

Multiple-family medium/high density residential (R-4). This multiple-family residential zoning district provides space for multiple family residential developments commonly found in a dense urban environment within close proximately to public transit stations. Permitted uses include apartments, stacked condominiums, and studios. Mixed-use developments are permitted within this zone.

(6)

Multiple-family high density residential (R-5). This is the most intense multiple-family residential zoning district and it provides space for high density residential transit-oriented development commonly found in an urban environment, especially along existing and/or anticipated future bus routes. Permitted uses include multi-story apartments and mixed-use developments.

(7)

Residential planned community (R-PC). A zoning district that provides for managed growth and as the underline zoning required for master-planned communities offering a mix of residential housing types and amenities with an approved specific plan or low density residential uses similar to R-E above without a specific plan. New specific plans are no longer permitted.