Division 26 — CERTIFICATE OF OCCUPANCY

A certificate of occupancy must be obtained before any building is occupied or used.

Sec. 30-349. - Issuance.

(a)

The Building Official shall issue a certificate of occupancy after:

(1)

He has received written notice that the structure or site is ready for occupancy or use and has inspected the structure or site;

(2)

The site conforms to all applicable provisions of this chapter and other codes, laws, and ordinances; and

(3)

The applicant has complied with all conditions of approval imposed by the City on the development.

(b)

In lieu of an on-site inspection of single-family homes by the Planning Division, the City will require the owner, developer and/or applicant, to certify in writing that the structures have been constructed in compliance with all conditions of approval and pursuant to the building plans approved by the City of Fontana.

DIVISION 27. - NON-CONFORMING USES AND STRUCTURES

Sec. 30-350. - Purpose.

The purpose and intent of this article is to regulate nonconforming uses and nonconforming structures so that their detrimental effect on adjoining property values and on the proper growth and development of the City, as set forth in the general plan and in this chapter, shall be restricted, controlled, and eventually eliminated.

Sec. 30-351. - Regulations.

In order to carry out the purpose and intent of this section, the following regulations shall apply:

(1)

Repairs, alterations, maintenance, additions, extensions, enlargements and moving. The following provisions apply to nonconforming uses:

a.

Nonconforming use.

1.

No nonconforming use or site shall be enlarged or intensified unless the Planning Commission approves such request through the conditional use permit process.

2.

No nonconforming use shall be enlarged or increased to occupy a greater area of land than that occupied by such use on the effective date except as outlined in the appropriate division of this article herein; and

3.

No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel of land other than that occupied by such nonconforming use on the effective date.

b.

Nonconforming structure. Except as otherwise provided in this chapter, no nonconforming structure shall be moved, altered, or enlarged unless required by law, or, unless the moving, alteration, or enlargement will result in the elimination of the nonconforming aspect of the structure or as outlined in the appropriate division of this article herein.

(2)

Restoration of damaged structures. When an existing nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity and the cost of such reconstruction, repaving or rebuilding is less than 75 percent of the replacement value of the structure immediately prior to this damage, as determined by the Building Official, the structure may be restored and the occupancy or use may be continued. Such reconstruction shall be started within a period of one year from date of damage and diligently pursued to completion. In the event such damage exceeds 75 percent of the replacement value of such building at the time of such calamity, no repairs or reconstruction shall be made unless every portion of such building and its use is made to conform to all regulations of this chapter for the zone in which it is located.

(3)

Discontinuation and abandonment. Whenever a nonconforming use has been abandoned (e.g., expiration of business license), discontinued or changed to a conforming use for a continuous period of six months, 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 district in which it is located. Discontinuation shall include termination of a use regardless of intent to resume the use. This shall not include time periods required for repairs, remodels, or expansions permitted in this section, Section 30-352 or Section 30353 for a period not to exceed 24 months.

(4)

Change of use. The nonconforming use of a building or structure may not be changed except to a conforming use. Where such change is made for a continuous period of six months as provided for in subsection (6) above, the use shall not thereafter be changed back to a nonconforming use. However, the Planning Commission may grant a conditional use permit to allow one nonconforming use to be changed to another nonconforming use of the same or more restricted character if the Commission, after a public hearing, determines that because of the existing conditions in the area and on the property involved, such a change is warranted.

(5)

Displacement. No nonconforming use shall be altered, extended or restored so as to displace any conforming use.

(6)

Violations. Nothing in this section shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect or any amendment thereto.

(7)

Change of zones. The provisions of this section shall also apply to any nonconforming use or nonconforming structures in zones here after changed to a more restrictive use, or to zones hereafter established in areas not previously covered by the zoning map.

(8)

Conformance with intent and purpose. No nonconforming use or structure shall be enlarged, extended, increased, changed, modified or in any way continued or maintained in such a way as to abrogate the purpose and intent of these regulations as set forth in this section.

(9)

Residential structures. A residential structure(s) which is nonconforming because of height or area regulations shall not be added to or enlarged in any manner unless such addition or enlargement conforms to all the regulations of the district in which it is located.

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

Sec. 30-352. - Exemptions.

(a)

Continuance. Any structure or use which was lawfully existing or under construction, and which becomes a nonconforming structure or nonconforming use as a result of the adoption of this chapter, may be continued subject to the provisions of this section.

(b)

Residential.

(1)

The provisions of this section relative to additions and enlargements to nonconforming single-family residential uses shall not apply; however, this clause shall not be interpreted to permit an increase in the number of dwelling units within any such residential building nor permit any residential addition or enlargement from complying with all zoning regulations of the district in which it is located, e.g. setback, height, area, etc.

(2)

Any legal non-conforming single-family residential structure which does not conform to current enclosed parking standards may construct a one car garage or carport, provided the property owner demonstrates that the physical limitations of the site prohibit full conformance to the Development Code standard of a two car enclosed garage. Said physical limitations shall consist of any construction which would encroach upon a required front, side, street side or rear yard setback area, or the location of the existing structure(s) on site, that were legally constructed with appropriate building permit, which because of their location do not permit sufficient physical space between the structure(s) and any property line to allow a driveway and/or access to the rear or side of the property where a garage, attached or detached, in conformance to the Development Code standards, could be constructed. All individual parking spaces shall conform to the Code's minimum size standards.

(c)

Public utilities. Nothing in this chapter shall be construed or implied to prevent the expansion, modernization, replacement, repairing, maintenance, alteration, reconstruction or rebuilding of public service and public utility buildings, structures, equipment, and facilities where there is no change of use or increase in the areas of the property so used.

(d)

Existing nonconforming buildings and sites. Notwithstanding the provisions of this section, the Planning Commission may allow the minor expansion and/or occupancy of an existing, nonconforming building without the requirement that the building and/or site be improved to current Development Code standards upon submittal of a completed design review application if it makes one or more the following findings:

(1)

That the existing building and/or site is so situated and configured as to preclude the installation of additional landscaped areas, drive areas and parking stalls necessary to bring the site into compliance with existing Development Code standards.

(2)

That the existing building, because of its location with respect to any public right-of-way and/or property line, cannot comply with existing Development Code standards with regard to building setbacks.

(3)

That the existing building, because of its height and/or existing lot coverage cannot comply with existing Development Code standards with regard to building height and lot coverage.

(4)

That such nonconforming building may be expanded on the legally recognizable parcel upon which the building is established, subject to all of the following operation and development standards:

a.

The size of the expansion shall not exceed ten percent of the total square footage of the existing building;

b.

The expansion shall benefit the health, safety and welfare of the occupants of the site;

c.

The expansion shall be architecturally compatible with the existing building; and

d.

The expansion shall be compatible with the character of the surrounding area.

Sec. 30-353. - Special exemption to permit incremental improvements to nonconforming buildings, structures, and sites with administrative site plan approval.

(a)

Notwithstanding any other provisions of Division 10 of this article herein to the contrary, with an administrative site plan application, the Director of Planning may permit the following limited improvements to be made to an existing nonconforming building, structure or site without the requirement that the building, structure and/or site be improved to current Development Code standards:

(1)

Additions to existing commercial buildings shall not exceed 50 percent and additions to industrial buildings or structures shall not exceed ten percent of the total square footage of the existing building or structure, provided said additions meet the fire protection requirements of Chapter 11 of the City Code;

(2)

Paving, repaving or realignment of parking lots and areas, provided that the number of parking spaces is not reduced to less than currently existing and provided that all applicable drainage, storm water (NPDES), and similar requirements are met;

(3)

Alteration of the exterior of an existing building or structure;

(4)

Installation of new landscaping or alteration of existing landscaping, provided that the amount of landscaping is not reduced to less than currently existing unless the Director of Planning further finds that other improvements approved under this section require a reduction in the landscaping. Any allowed reduction in landscaping shall be the minimum required to permit the improvements to be constructed.

(b)

Any person seeking a special exemption under this section shall submit a completed administrative site plan application to the Planning Department in a manner prescribed by the Director of Planning and shall pay any applicable fees.

(c)

Notwithstanding Division 10 of this article herein, the Director of Planning shall make the following findings before granting approval of the exemption and the administrative site plan application:

(1)

All of the existing building(s), structures(s) and uses on the site are pre-existing and legal nonconforming, and are not illegal or unpermitted;

(2)

The improvement(s) subject to the exemption support(s) a pre-existing legal nonconforming building, structure and/or use already on the site;

(3)

The exemption will provide an incremental improvement to the building, structure or use on the site in furtherance of the requirements of Chapter 30 of this Code;

(4)

The improvement(s) subject to the exemption will not, physically, legally, or otherwise, preclude the building(s), structure(s) or the site to come into compliance with current Development Code standards at a future date;

(5)

The granting of expansions to outdoor nonconforming operations does not include parcel mergers and site expansions, with the exception of display areas which may expanded by 50 percent within the existing site;

(6)

Granting the exemption will not be contrary to the goals of the City's general plan or any applicable specific plan;

(7)

Granting the exemption will not otherwise be deleterious to the public health, safety and welfare;

(8)

New and modified facades must be of high quality and be compatible with the architecture of the existing building and surrounding area;

(9)

If a new loading and repair bay area associated with automobile related uses is constructed, the loading area or repair bay may not face the right-of-way, or, if this is infeasible, must be screened from the right-of-way with three and one-half foot low walls and/or landscaping; and

(10)

If a residential structure is being expanded, then additional residential units shall not be constructed.

(d)

Reasonable conditions upon an exemption in order to protect the health, safety and welfare of the surrounding area.

(e)

Except as expressly set forth herein, the benefits of this section shall not abrogate, extend, expand or otherwise alter the provisions of this Division 22 and shall not eliminate or extend pre-existing legal nonconforming rights, or create them where they do not otherwise exist.

(f)

The benefits of this section shall apply only to complete applications, as provided for in subsection (b), which have been submitted to the Planning Department within a period of two years following the effective date of this section. Any exemptions requested after said two-year period must be sought pursuant to Section 30-85.

(Ord. No. 1906, § 69, 10-25-22; Ord. No. 1969, § 4(Exh. A), 5-27-25)

DIVISION 28. - REASONABLE ACCOMMODATIONS POLICY AND PROCEDURES[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1874, § 8(Exh. A), adopted Sept. 14, 2021, set out provisions intended for use as Div. 28, §§ 30-354—30-364. Inasmuch as there were already provisions so designated, said sections have been codified herein as Div. 28 §§ 30-354—30-354.10 at the discretion of the editor.

The intent of the reasonable accommodations policy and procedure regulations is to provide flexibility in the application of the Zoning and Development Code for individuals with a disability when flexibility is necessary to eliminate barriers to housing opportunities. This article will facilitate compliance with federal and state fair housing laws and promote housing opportunities for Fontana residents.

The purpose of this article is to establish a procedure to make it easier for persons with disabilities seeking fair access to housing to make requests for reasonable accommodation as established in the Fontana's Zoning and Development Code, rules, policies, practices, and procedures pursuant to the Fair Housing Act and California Fair Employment and Housing Act.

(Ord. No. 1874, § 8(Exh. A), 9-14-21)

Sec. 30-354.1. - Applicability.

(a)

Any individual with a disability, his or her representative, or a provider of housing for individuals with disabilities may seek relief from any land use, zoning or building standard, regulation, policy, or procedure found in Chapter 5 of the Fontana Municipal Code (Buildings and Building Regulations) and Chapter 30 of the Fontana Municipal Code (Zoning and Development Code) to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities by requesting a reasonable accommodation in the manner prescribed in Section 30-354.2.

(b)

The reasonable accommodation rules set forth in this chapter apply to proposals to modify existing structures and uses as well as new development, as necessary to reasonably accommodate a person(s)'s disability. Proposals to modify structures, especially single-family homes, should respect existing development patterns to the extent reasonably possible.

(Ord. No. 1874, § 8(Exh. A), 9-14-21)

Sec. 30-354.2. - Definitions.

Except where the context otherwise requires, the definitions below govern the construction of this article.

Applicant means a person, business, or organization making a request to the City for reasonable accommodation.

City means the City of Fontana.

Code means the Fontana Municipal Code.

Department means the Community Development Department.

Director means the Director of Community Development or his or her designee.

Fair Housing Laws means the "Fair Housing Amendments Act of 1988" (42 U.S.C. § 3601, et seq.), including reasonable accommodation required by 42 U.S.C. § 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code § 12900, et seq.), including reasonable modifications required specifically by California Government Code §§ 12927(c)(1) and 12955(1), and Civil Code § 54, as any of these statutory provisions now exist or may be amended from time to time by either legislative act or published judicial decisions.

.C. § 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code § 12900, et seq.), including reasonable modifications required specifically by California Government Code §§ 12927(c)(1) and 12955(1), and Civil Code § 54, as any of these statutory provisions now exist or may be amended from time to time by either legislative act or published judicial decisions.

Person with a disability means an individual with a "disability" or "handicap," as those terms are defined in the Fair Housing Laws, like 42 U.S.C. § 3602(h) and California Government Code § 12926(j) and (m), as modified from time to time. Generally, a "person with a disability" is any person with any a physical or mental impairment which substantially limits one or more of such person's major life activities.

Reasonable accommodation means a modification or exception to the standards, regulations, policies, and procedures contained in this Code for the siting, development, and use of housing or housing-related facilities, that would eliminate regulatory barriers and provide an individual with a disability equal opportunity for the use and enjoyment of housing of their choice.

(Ord. No. 1874, § 8(Exh. A), 9-14-21)

Sec. 30-354.3. - Requesting reasonable accommodation.

(a)

Notice of the City of Fontana's Reasonable Accommodations Policy and Procedures shall be displayed at public information counters in the planning and building offices of the City, and the City Clerk's office.

(b)

The department will create an application form to make it easier for applicants and their representatives to submit a request for a reasonable accommodation and easier for staff to process such requests. The form will request the following information:

(1)

The name, address and telephone number of the applicant.

(2)

Address of the property for which the request is being made.

(3)

The name, address, and telephone number of the owner of the property for which the reasonable accommodation request is being made.

(4)

A general description of the nature of the person(s) with a disability's medical, physical, and/or mental limitations that relate to the accommodation request. The applicant shall not be required to disclose any medical diagnoses or provide written medical documentation of the disability.

(5)

The policy, program, regulation, and/or development standard adopted by the City of Fontana that the applicant is requesting the City modify as a disability-related accommodation.

(6)

A description of how the applicant is proposing to modify the City's policy, program, regulation, and/or development standard.

(7)

A description of why the accommodation is reasonable and necessary for the needs of the person(s) with a disability.

(8)

Copies of any plans, drawings, pictures, and other supporting documentation that the City may need to render its decision.

(9)

Any other information the applicant believes would facilitate the City's decision.

(c)

If an individual or representative needs assistance making a request for reasonable accommodation, the department shall provide assistance to ensure that the process is accessible to the applicant or representative.

(d)

The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative.

(e)

If the applicant is someone other than the property owner, the applicant must provide a letter of agency or authorization signed by the property owner consenting to the request.

(f)

To the extent allowed by law, the City shall treat requests for a disability-related reasonable accommodation as confidential information of the City. In particular, the City shall, to the extent allowed by law, maintain the confidentiality of any medical information and/or medical documentation provided by applicant. The City shall provide written notice to the applicant, and any person designated by the applicant to represent the applicant in the application proceedings, of any request received by the City for disclosure of the applicant's medical information.

(Ord. No. 1874, § 8(Exh. A), 9-14-21)

Sec. 30-354.4. - Review authority and procedures.

Review authority. Requests for reasonable accommodations under this article shall be reviewed in the following manner:

(Ord. No. 1874, § 8(Exh. A), 9-14-21)

Sec. 30-354.5. - Decision on application.

(a)

[Determination.] The director may approve, conditionally approve, or deny an application for a reasonable accommodation for an existing use or a proposed new use. The director shall issue a written determination within 30 calendar days of the date of receipt of a completed application. The director may:

(1)

Grant the accommodation request in full,

(2)

Grant the request subject to specified nondiscriminatory conditions that are consistent with the requested reasonable accommodation, or

(3)

Deny the request.

(b)

Stays. If necessary, to reach a determination on the request for reasonable accommodation, the director may request further information from the applicant consistent with Fair Housing Laws, specifying in detail the information that is required. If the director requests further information, then the 30-day period to issue a decision is stayed until the applicant responds to the director's request for further information.

(c)

Extensions. The applicant and director may agree to an extension of time for the director to review and make a decision on the reasonable accommodation request.

(d)

Notice of decision. Notice of the director's determination shall be mailed to the applicant. The notice of the director's decision shall state the facts and evidence upon which the director's decision was based in connection with the findings stated in Section 30-354.6.

(e)

Other approvals. If the project for which the request for a reasonable accommodation is made also requires a separate discretionary permit or approval, then the director may condition that the reasonable accommodation valid only upon approval of the separate discretionary permit or other zoning approval.

(f)

Variances. A reasonable accommodation that is granted pursuant to this chapter shall not require the approval of any variance as to the reasonable accommodation.

(Ord. No. 1874, § 8(Exh. A), 9-14-21)

Sec. 30-354.6. - Required findings.

(a)

To approve a request for reasonable accommodation, the director must make both of the following findings:

(1)

The applicant has demonstrated that the housing, which is the subject of the request for reasonable accommodation, will be occupied by a person with a disability.

(2)

The applicant has demonstrated that the request for reasonable accommodation is necessary to make specific housing available to one or more person(s) with a disability.

(b)

If the director can make the findings outlined above, then the director shall approve the reasonable accommodation request unless the director can make one or more of the following findings:

(1)

The City has demonstrated that the requested reasonable accommodation will, under the specific facts of the case, impose an undue financial or administrative burden on the City.

(2)

The City has demonstrated that the requested accommodation will, under the specific facts of the case, require a fundamental alteration of a land use, zoning or building standard, regulation, policy, or procedure of the City.

(3)

The City has demonstrated that the requested reasonable accommodation will, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

(c)

If the director denies the request based on one or more of the findings set forth in paragraph (a) above, then at the applicant's request, the director shall engage in an interactive process with the applicant to explore whether an alternative accommodation could provide the person(s) with a disability access to the housing without creating an undue burden, fundamental alteration, or direct threat.

(d)

The director may offer the applicant an alternate reasonable accommodation that provides an equivalent level of access to the person(s) with a disability but will not result in an encroachment into required setbacks, permitted exceedance of height limits, lot coverage or floor area ratio requirements specified for the applicable zoning district. When exploring alternate accommodations, the director should defer to the applicant to decide what accommodation will best meet the needs of the person(s) with a disability.

(Ord. No. 1874, § 8(Exh. A), 9-14-21)

Sec. 30-354.7. - Conditions of approval.

In granting a request for a reasonable accommodation, the director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Section 30-354.6, the Fair Housing Laws, and the intent of this article. Such conditions may generally include, but are not limited to, the following:

(1)

The City's general/standard conditions of approval applicable to all projects;

(2)

The applicant's compliance with all other applicable zoning regulations;

(3)

A modification approved under this article is considered a personal request for accommodation by the applicant and shall not run with the land;

(4)

The reasonable accommodation shall terminate within a specified period of time if a person with a disability who requires the accommodation no longer resides on the property;

(5)

When the accommodation is no longer necessary, the improvements shall be removed within a specified period of time, provided removal would not constitute an unreasonable financial burden;

(6)

Time limits and/or expiration of the approval if it can be determined that the applicants' reasons for approving the accommodation no longer exists;

(7)

The property owner must record a deed restriction notifying prospective owners and occupants that the accommodation must be removed once it is no longer needed;

(8)

Methods, design considerations and features that reduce any impacts on surrounding uses;

(9)

Methods, design considerations and features that preserve the integrity of the property and structures; and

(10)

Any other conditions necessary to protect the public health, safety and welfare of Fontana residents.

(Ord. No. 1874, § 8(Exh. A), 9-14-21)

(a)

Any applicant who is dissatisfied by the decision made by the director on an application for a reasonable accommodation may appeal the director's decision to the Deputy City Manager. The appeal shall be filed via written notice detailing the grounds for appeal and shall specify whether the applicant would like a meeting with the Deputy City Manager before the Deputy City Manager decides the appeal. If an applicant or applicant's representative needs assistance submitting an appeal, the department shall provide assistance to ensure that the process is accessible to the applicant or representative.

(b)

A request for an appeal must be submitted to the director within 60 days of the mailing of the director's decision.

(c)

Upon the receipt of an appeal, the director will promptly forward the appeal to the Deputy City Manager. If the applicant did request a meeting with the Deputy City Manager, then the Deputy City Manager shall schedule the meeting to occur not later than 60 days from the date of receipt of the appeal. This time period may be extended based on the applicant's availability.

(d)

The Deputy City Manager shall decide the appeal within 30 days of either: (1) the date the City received the appeal if the applicant did not request a meeting; or (2) the date of the applicant's meeting with the Deputy City Manager.

(Ord. No. 1874, § 8(Exh. A), 9-14-21)

Sec. 30-354.9. - Expiration, revocation, termination.

(a)

Expiration. Any reasonable accommodation approved under this article will expire within 12 months from the effective date of approval or at such alternative time specified as a condition of approval unless:

(1)

A building permit has been issued and construction has commenced;

(2)

A certificate of occupancy has been issued;

(3)

The use is established; or

(4)

A time extension has been granted by the director.

(b)

Termination. The reasonable accommodation is granted to the person(s) with a disability and shall not run with the land. If accommodation is no longer necessary (e.g., because the person(s) with a disability no longer resides at the premises), then the reasonable accommodation will remain in effect only if the director determines that:

(1)

The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Code, or

(2)

The accommodation is necessary to give another person with a disability an equal opportunity to enjoy the dwelling.

(c)

The director may request that any successor-in-interest to the property provide documentation that one or more subsequent occupant is a person(s) with a disability needing the reasonable accommodation. Failure to provide such documentation within 30 calendar days of the date of a written request by the director will result in the termination of a previously approved reasonable accommodation and the applicable premises shall subsequently be made to conform to Code.

(Ord. No. 1874, § 8(Exh. A), 9-14-21)

Sec. 30-354.10. - Waiver of time periods.

Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period, the applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the City of the pending appeal.

Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the City to provide for prompt decisions on applications and shall not be a violation of any required time set forth in this chapter.

(Ord. No. 1874, § 8(Exh. A), 9-14-21)

ARTICLE III - FORM-BASED CODE DIVISION 1. - ADMINISTRATION

Sec. 30-355. - Applicability to Municipal Code.

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

(1)

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

(2)

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

(3)

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

a.

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

b.

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

c.

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

d.

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

(4)

Improvements, modifications or expansions to sites or structures.

a.

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

b.

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

(5)

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

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

• Facilitate review of development proposals in a timely manner;

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

• Minimize adverse effects on surrounding properties; and

• Promote the goals of the general plan.

(1)

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

(2)

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

a.

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

b.

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

c.

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

d.

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

e.

Projects involving a change or intensification of land use.

(3)

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

a.

New construction 24,999 square feet or less for commercial or institutional projects designed to fully execute one of the architectural styles in Section 30394. Commercial or institutional projects that do not utilize an architectural style included in Section 30-394 may be referred to the Planning Commission by the Director of Community Development.

b.

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

c.

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

d.

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

(4)

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

a.

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

b.

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

c.

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

Sec. 30-357. - Nonconforming regulations.

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

(1)

Nonconforming buildings, outdoor operations or structures.

a.

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

1.

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

2.

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

The following requirements must be met:

i.

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

ii.

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

iv.

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

v.

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

3.

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

4.

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

i.

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

ii.

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

(2)

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

(3)

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

(4)

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

a.

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

b.

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

c.

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

(5)

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

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

DIVISION 2. - DEFINITIONS

Sec. 30-358. - List of definitions.

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

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

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

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

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

(1)

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

(2)

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

(3)

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

(4)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bed and breakfast establishment means one or more buildings containing a dwelling unit and not more than six guest rooms, where only breakfast or similar early morning meal is provided to registered guests and the price of the meal is included in the price of the accommodations. The relationship

between the operator of the establishment and the occupants of the guest rooms must be that of innkeeper and gusts. Guest rooms are not to be rented for a period of less than 18 hours at a time.

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

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

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

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

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

(1)

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

(2)

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

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

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

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

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

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

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

Clinic. See "medical services."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Façade means the vertical surface of a building.

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

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

(1)

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

(2)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pawn Shop:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Structure means an improvement permanently attached to real property.

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

roup instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Larger facilities are included under the definition of "schools. business, trade schools, colleges."

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

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

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

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

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

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

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