Sec. 30-348. - Purpose.

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:

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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.