Division 3 — USE REGULATIONS

Sec. 30-530. - Uses permitted.

(a)

Uses by zoning district. Table No. 30-530, lists the uses permitted in each of the industrial zoning districts. A "P" indicates the use is permitted by right and requires site and architectural approval; "M" indicates the use requires the granting of a minor use permit; a "C" indicates the use requires a conditional use permit; and "—" means the use is not permitted in that zoning district.

(b)

Uses subject to specific requirements. Permitted uses marked with an asterisk "*" are permitted subject to specific use regulations in Section 30-532. Conditional uses are subject to the provisions of Section 30-533. Uses marked with a double asterisk "**" are subject to the provisions of Section 30-532 et seq.

Table No. 30-530 Permitted Uses in Industrial Zoning Districts

(Ord. No. 1828, § 8(Exh. A), 5-12-20; Ord. No. 1951, § 4(Exh. A), 5-28-24)

Any use not specifically permitted by Table No. 30-530, shall be prohibited, unless the Director determines it is permitted, pursuant to the provisions of Article II, Division 16 of this chapter. The use shall be similar to or have substantially the same operating characteristics as a permitted use and a written determination to that effect shall be issued by the Director.

This section establishes special regulations for certain permitted uses marked with an asterisk (*) in Table No. 30-530. The use is permitted provided that the use conforms to the following regulations.

(1)

General outdoor display or storage of materials or goods for sale or rent. All businesses which display or store materials out of doors shall comply with the following provisions:

a.

All display or stored materials, including vehicles, shall be set back 25 feet from right-of-way and shall not be located in any required parking area. The designated storage area and screening shall be identified on an approved entitlement plan.

b.

The entire area used for display or storage shall be surfaced with asphalt or an equally serviceable hard pavement surface. The surface shall be maintained in good condition.

c.

Display or storage of equipment or materials, except equipment and vehicles for sale or rent, shall be screened by a decorative screen wall in conjunction with landscaping of a minimum height of six-foot or as otherwise determined through the entitlement process.

(2)

Construction trailers. A trailer used for construction offices or watchman's quarters is permitted at a construction site provided with the approval of a temporary use permit as required in Article II:

a.

The trailer is located on the same or adjacent premises as the construction site.

b.

The trailer is used only during the period of construction. All trailers shall be moved prior to final project inspection.

c.

Not more than one person shall occupy the watchman's quarters.

d.

Shall comply with provision set forth for temporary uses as defined in Article II.

(3)

Vehicle service and repair. Vehicle service and repair shall be permitted within an enclosed building and is not to be permitted outside.

(4)

Adult businesses. Adult businesses shall comply with the provisions of Article XVIII of Chapter 15 of the Municipal Code.

(5)

Bus depot. Bus depot sites shall provide the following:

a.

A dedicated and identified passenger loading/unloading area with a minimum dimension of 12-feet wide by 45-feet in length and, if applicable, a minimum 14-foot height clearance. The loading/unloading areas shall be located outside of any required drive aisle, parking area, setback area, or any other area designated or dedicated for another purpose.

b.

A permanent covered area for waiting passengers shall be provided and shall include, at minimum, a restroom, seating, and a trash bin.

c.

Amenities such as the sale of sundries and/or convenience items, services, or similar, shall be available to waiting passengers within 1,320 feet (one-fourth mile) of the bus terminal, as measured from the required passenger waiting area.

(6)

Bus terminal. Bus terminal sites shall provide the following:

a.

A dedicated and identified passenger loading/unloading area with a minimum dimension of 12-feet wide by 45-feet in length and, if applicable, a minimum 14-foot high clearance. The loading/unloading areas shall be located outside of any required drive aisle, parking area, setback area, or any other area designated or dedicated for another purpose.

b.

A permanent covered area for waiting passengers shall be provided and shall include, at minimum, a restroom, seating, and a trash bin.

c.

Amenities such as the sale of sundries and/or convenience items, services, or similar, shall be available to waiting passengers within 1,320 feet (one-fourth mile) of the bus terminal, as measured from the required passenger waiting area.

d.

All bus/motor carrier repair and washing shall be conducted in a fully enclosed building.

e.

Busses/motor carriers stored on-site for more than 12 hours shall be located in a designated area for that purpose and be screened from view of adjacent public streets or rights-of-way by a decorative wall. Other effective means of screening such as mature landscaping of sufficient height and density may be

approved through an administrative site plan application.

(7)

Warehousing distribution/logistic/business park regulations in the M-1 Zone. The following does not apply to M-2 zoned parcels. M-2 zoned parcels shall be per the Development Code for warehousing.

Intent. The intent of allowing warehousing is to provide for well-planned and orderly development of business parks and warehousing distribution/logistic uses on properties within the M-1 industrial zone.

a.

General standards. The development standards and design guidelines, including elevations herein, for warehousing distribution/logistics and business park type uses shall be considered the minimum standards and conform to the Fontana Municipal Code and the following additional requirements.

The setback requirements may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

b.

Building orientation. No truck loading/unloading area shall be located adjacent to existing residential uses. A building may however be utilized to separate the truck loading/unloading area from existing residential uses.

c.

Parking location. The placement of buildings and parking lots shall emphasize the attractive designs of buildings with less emphasis on parking lots. Onsite parking shall be buffered from the right-of-way through screen walls, mounding and landscaping and/or building placement. Furthermore, visitor and/or employee parking may be located at the front of the building adjacent to the main entry.

d.

Walls. A minimum ten foot high wall shall be required adjacent to existing residential uses. A higher wall may be required for noise and/or screening purposes.

e.

Minimum Architecture Standard.

1.

Mass and scale.

i.

The mass and scale of the buildings shall respect the visual and physical relationship to the adjacent buildings and surrounding sensitive uses. Taller building elements shall be placed towards the center of the site, with lower elements adjacent to surrounding properties.

ii.

Buildings shall be stepped back when adjacent to or in close proximity to sensitive uses (e.g. residential, schools, etc.).

iii.

Vertical and horizontal offsets shall be provided to reduce the visual bulk of the building.

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2.

Minimum building facades standard.

i.

Building facades shall incorporate architectural elements such as windows, decorative trim (cornice or cap), pillars, roofline variations and wall plane breaks to minimize blank walls to create visual interest, and to reduce the opportunity for graffiti.

ii.

All building elevations, whether front, side, or rear shall be architecturally detailed.

3.

Architectural accents (e.g., cornices, tiles, trim around windows, grooves in building faces, accent band details, bulkheads, etc.) shall be used to create variation along building facades. See Figure 1.

Figure 1

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Figure 2

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Figure 3

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Figure 4

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Site plan (typical).

Figure 5

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(Ord. No. 1823, § 8(Exh. A), 2-25-20)

Sec. 30-533. - Conditional use regulations.

All uses marked with a "C" in Table 30-530, must comply with the conditional use permit procedural requirements outlined in Article II, Division 12 of this chapter. In addition, certain conditional uses must comply with the specific development and operation standards outlined below.

(1)

Automobile fueling stations.

a.

Applicability. The provisions of this section shall apply to all new construction of automobile fueling stations

b.

Lot area and frontage. Each service station site shall have a minimum net lot area as specified in the zoning district in which the service station will be located.

c.

Existing stations. The provisions contained in paragraph (2) above shall not be applicable to existing stations in the City so long as such stations remain in use as fueling stations.

d.

Lot coverage. Automobile fueling stations shall have maximum allowable lot coverage of 35 percent.

e.

Air/water. Air and water dispensing equipment shall be provided. Such equipment shall be located in an easily accessible location and shall be maintained at all times. Non-operating equipment shall be repaired within five calendar days.

f.

Restroom requirements. All fuel retailers shall provide restrooms which are continuously maintained for the use of, and at no charge to customers and employees. The restroom entrances shall be screened from view from adjacent properties and public rights-of-way by decorative structural screening as approved by the Community Development Department.

g.

Regulations.

1.

Location. The site shall have direct frontage on a major, primary, or secondary highway.

2.

Driveway access. One access drive shall be permitted for each street frontage unless additional access drives will enhance the public health, safety, and welfare.

(2)

Automobile/truck repair facility. All hydraulic hoists and pits, and all lubrication, greasing, automobile washing and polishing and permitted repair equipment must be enclosed entirely within a building, and all work shall be done within a completely enclosed building. No outdoor storage of inoperative vehicle or vehicles under repair shall be permitted on the site.

a.

Signs. See Chapter 3 of the Municipal Code.

b.

Storage and display. Outside storage and display of new or used merchandise shall not be permitted.

c.

Hours of operation. Hours of operation shall be determined on a case-by-case basis by the Planning Commission.

d.

Restroom requirements. All fuel retailers shall provide restrooms which are continuously maintained for the use of, and at no charge to customers and employees. The restroom entrances shall be screened from view from adjacent properties and public rights-of-way by decorative structural screening as approved by the Community Development Department.

e.

Renovation of existing facilities. Renovation of existing facilities which increases assessed evaluation of the facility by more than 30 percent shall comply with the requirements contained herein. When existing conditions prevent compliance with these requirements, the renovation shall be considered to be in substantial compliance with this article as determined by the Planning Commission.

(Ord. No. 1828, § 8(Exh. A), 5-12-20)

Sec. 30-534. - Reserved.

DIVISION 4. - DEVELOPMENT STANDARDS FOR PRIMARY STRUCTURES

Sec. 30-535. - Lot dimensions, building height and maximum intensity.

The development standards outlined in this article are the minimum standards applicable to the development of industrial facilities. These standards shall be used in conjunction with the development policies and the design guidelines (presented in Division 7).

(1)

Table No. 30-536 specifies required lot dimensions, building heights, and maximum permitted building intensities. The lot dimension requirements apply only to the creation of new parcels.

Table No. 30-536A

Lot Dimensions, Building Height and Maximum Intensity

(2)

Table No. 30-536.B and Table No. 30-536.C specify the minimum required setbacks for buildings and parking areas. All required yard areas shall be clear of all structures and shall be landscaped and maintained in a neat and healthy condition according to the landscaping provisions of this chapter.

Table No. 30-536.B

Building Setback

Notes:

a.

The setbacks may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

b.

Rear and side setbacks for industrial zoning districts may be reduced to zero feet by approval of the approval body on a case-by-case basis, if the approval body determines that such reduction benefits the public health, safety, and welfare. If a zero setback is approved the applicant shall establish a minimum ten-foot access easement from the adjacent property owner.

Table No. 30-536.C

Parking and Drive Aisle Setbacks

Note: Parking setbacks along Cherry Avenue, Valley Boulevard, Sierra Avenue, Foothill Boulevard, shall be 25 feet.

(Ord. No. 1823, § 8(Exh. A), 2-25-20)

Sec. 30-536. - Reserved. Sec. 30-537. - Permitted projection into yard areas.

No projections may extend into required setbacks except signs; signs shall follow the specifications in Chapter 3 of the Municipal Code.

Sec. 30-538. - Screening.

(a)

Adjacent to residential zoning district. All industrial uses adjoining or abutting a residential zoning district shall be screened by a solid masonry wall not less than ten feet in height. However, in the front yard area abutting the residential lot, the fence or wall may be lower as determined through the site plan review process. Any masonry wall shall be constructed with decorative block (split-face or slump stone, or equal, or finished on both sides with plaster, stucco.

(b)

Rooftop mechanical equipment. All rooftop mechanical equipment, with the exception of solar panels, shall be screened on all sides by screening not less than the height of the equipment being screened. The screening devices shall be well incorporated into the design of the building through such features as parapet walls, false roofs, or equipment rooms.

(c)

Mechanical equipment, ground. All mechanical equipment shall be screened to the extent feasible on all sides by a decorative screen wall not less than the height of the equipment being screened in conjunction with landscaping, subject to approval of the Director of Planning. The decorative screen wall shall be located between the street and the mechanical equipment not less than three-foot. The decorative screen wall shall be well incorporated into the design of the building. The other side of the equipment shall be screened with landscaping not less than ten-gallon shrubs or approved landscaping.

(d)

Loading areas screening.

(1)

All loading areas shall be screened from off-site viewing. The purpose of loading area screening is to allow for loading areas to be screened from view from the public right-of-way and to utilize screening that is architecturally compatible with the surrounding environment.

(2)

Where loading doors face a public street, any openings in the screen wall shall be positioned such that neither the loading doors nor the loading areas are visible from the street.

(3)

All loading areas and all loading doors shall be screened from the view of the public street by decorative screen walls in combination with dense landscaping, inclusive of trees, shrubs and berming, or by portions of the building such that the loading areas and doors are not visible from the public right-of-way.

(4)

A line-of-sight analysis shall be required with all development applications, and shall show that all loading areas and roll up doors are screened from view from the public right-of-way.

• A line-of-sight analysis shall at a minimum contain a site plan and cross section graphics demonstrating the line-of-sight from the right-of-way to the loading or storage areas at six feet above the right-of-way surface at three distinct points: The centerline of the right-of-way and the property lines on either side of the right-of-way. The graphics shall be to scale, fully dimensional, and contain all building elevations, berms, walls, landscaping, setbacks, fences, and other structures as they are being proposed to be built.

(e)

Parking lot screening.

(1)

Along any boundary between an industrial zoning district and abutting, residentially designated property, decorative screen walls shall be installed and dense vegetation planted. Trees with at least 24-inch boxes shall be planted at intervals of 30 feet or less, depending upon the species used, along the nonresidential side of the wall. The use of barbed wire, razor wire, electric fencing, or similar materials is prohibited when located along any boundary that abuts residentially designated property.

(2)

Parking areas and driveways adjacent to a public right-of-way, shall be screened from view by a landscape buffer with a minimum width of 15 feet or as required setbacks. Berming shall be provided, mounded to an average height of three feet above the curb height along public streets. Maximum slope of mounds shall be three to one. Trees and shrubs shall be planted in this area according to the standards contained in Article X.

(3)

A sight-line analysis shall be required with all development applications, and shall show that all loading areas, roll-up doors, storage items, equipment, and vehicles, are screened from the public view of adjoining parcels and public streets.

• A sight-line analysis shall be identified on the site plan and cross section graphics demonstrating the line of site from the right-of-way to the loading or storage areas at six feet above the right-of-way surface at three distinct points: The centerline of the right-of-way and the property lines on either side of the right-of-way. The graphics shall be to scale, fully dimensioned, and contain all building elevations, berms, walls, landscaping, setbacks, fences, and other structures as they are being proposed to be built.

(4)

The landscaping shall consist of the use of evergreen shrubs, closely spaced and maintained at least at the specified height of any required decorative walls. Plants shall be selected so as to reach the minimum required height 18 months after planting. The planting of a landscape screen adjacent to rail lines is encouraged.

(Ord. No. 1970, § 4(Exh. A), 6-10-25)

DIVISION 5. - DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES AND FEATURES

Sec. 30-539. - Accessory buildings.

Accessory buildings may be located anywhere on a lot except within the required front yard area. Accessory buildings shall conform to the same setback and building height requirements applicable to primary structures.

Sec. 30-540. - Antenna, radio, television, satellite dishes and wireless telecommunications.

Refer to Chapter 32 of the Municipal Code.

Sec. 30-541. - Fences and walls.

(a)

Heights. Fences, walls and hedges may not exceed eight feet in height when located in a required interior setback area and may not exceed three and onehalf feet in height when located in any required setback adjacent to a street. Fences with a maximum height of eight feet as measured from the sidewalk elevation, may be permitted where required for security purposes a minimum of ten feet away from the front property line within the landscape setback. Such fencing, walls and hedges shall not create an obstruction to the sight triangle and shall not interfere or obstruct the line-of-sight for motorists.

(b)

Temporary fencing.

(1)

Vacant/unoccupied land. An open mesh type fence limited to eight-foot in height or a split rail fence limited to four-foot may be located around the perimeter of a vacant parcel of land (at property line) until such time as the subject parcel is developed.

(2)

Abandoned buildings. An open mesh type fence limited to eight feet in height may be located around a parcel of land (at property line) that contains an abandoned building(s) until such time as the subject parcel is developed.

(c)

Fences and walls—General.

(1)

Neither wood nor chain link fencing shall be allowed in any yard adjacent to a public right-of-way.

(2)

Fences and walls shall be compatible in terms of design and materials with the main structures on the site.

(3)

Approved security fencing located within a required setback adjacent to a street shall be of tubular steel construction, with 18-inch maximum width pilasters a minimum of eight feet on center. Any such fencing shall be complimented by landscaping inclusive of trees and shrubs to provide an aesthetically pleasing and safe environment for businesses within the industrial area and located a minimum of ten feet away from the front property line within the landscape setback.

(4)

Any fences or walls adjacent to a public right-of-way or identified by the Fontana Police Department shall be coated with an anti-graffiti coating that is approved by the Fontana Police Department. Where possible, vines shall be planted to encourage growth on the wall in an effort to discourage graffiti.

(5)

The use of barbed wire, razor wire, or similar materials is prohibited within the any industrial zoning district.

(d)

Electric fencing.

Definition. For the purpose of this section, an electric fence is defined as any bare wire or conductor which is supported on insulators and is located outdoors within ten feet of the ground or a walking surface and is attached to a post, fence, wall, or structure, and which is capable of being energized from any electrical source, including batteries, unless such bare wire or conductor is guarded against accidental contact by forms of enclosures approved by the current edition of the National Electrical Code. Not included in this definition of electric fence are wires or conductors utilized for railway signaling and communication installations, installations under exclusive control of electric utilities, communication equipment under exclusive control of communication utilities and bare conductors which are specifically permitted in the current edition of the National Electrical Code.

(1)

Location:

a.

Electric fences shall be minimized from public view for properties located along major and primary highways as indicated on the most recently adopted circulation master plan and for properties with freeway frontage. A method of visual screening shall be approved by the Director of Community Development.

b.

Electric fences shall be monitored subject to Chapter 22, Article IV (burglary, robbery, and panic alarms: verified burglary and fraudulent verified burglary alarms) of the Fontana Municipal Code.

c.

An electric fence may be installed on properties that do not touch, join at the edge or border, or share a common property line with an existing residential land use or a residential zoning district.

d.

Electric fences shall be installed behind an approved perimeter wall/fence with a minimum height of six feet.

e.

No electric fences may be permitted within the front yard setback or street yard setback.

f.

The electrical security fence proposed adjacent to a sidewalk must be installed behind the side yard and front yard setback and a solid masonry wall.

(2)

Height. Electric fences shall have a maximum height of ten feet.

(3)

Performance standards. Electric fencing shall meet the performance standards as determined by the most recently adopted International Building Code, and the International Electro Technical Commission (IEC).

(4)

Perimeter fence or wall. The electrical security fence is not permitted as a perimeter fence or wall.

(5)

Warning signs.

a.

Electric fences shall be clearly identified with warning signs of a maximum of nine square feet, prepared in English and Spanish that read: "Warning— Electric Fence" at intervals of not less than 60 feet.

b.

Warning signs shall be black typewritten text with a yellow or white background.

c.

Warning signs shall not advertise or provide contact information of the electric fence manufacturer.

(6)

Separation. Horizontal separation between the perimeter fence and the electrical security fence shall comply with the IEC standards.

(7)

Emergency access.

a.

An emergency Knox Box or any other similarly approved device (e.g. Rapid Emergency Access Control Transmitter (REACT) System) must be installed at every gate providing access to a property secured by an electric fence to allow fire department, police department, and/or any other emergency responder access.

b.

In the event that emergency access by emergency responders (i.e. Police Department, Fire Department, etc.) to a property where a permitted electric fence has been installed and is operating, is required due to an emergency or urgent circumstances, and the Knox Box or other similarly approved device is absent or non-functional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric fence, emergency responding personnel shall be authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided herein agree to waive any and all claims for damages to the electric fence against emergency responding units and/or personnel under such circumstances.

(8)

Electrification. The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However; the solar panel may be augmented by a commercial trickle charger.

(9)

Indemnification. The applicant/property owner agrees to defend, indemnify, and hold harmless the City of Fontana or its agents, officers, and employees from any claim, action or proceeding against the City of Fontana, or its agents, officers, or employees resulting from the approval and installation of an electrical security fence. The City of Fontana shall promptly notify the applicant/property owner of any claim, action, or proceeding and the City of Fontana shall cooperate fully in the defense. If the City of Fontana fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City of Fontana.

(10)

Insurance. Prior to the approval of any request to install an electrical security fence within the City of Fontana, the applicant/property owner shall provide to the City a certificate of commercial general liability insurance covering third party liability risks in a minimum amount of $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury, and property damage insurance with the City named as an additional insured party.

(11)

Landscaping. Addition of the electrical security fence shall in no way preclude the installation and maintenance of required landscaping.

(12)

All electric fenced areas shall be kept free of weeds and other debris that may constitute a fire hazard.

(13)

Any contractor/installer of an electric fence found in violation of this section of the Zoning and Development Code may be subject to a misdemeanor as described in [subsection] (14) below.

(14)

Violation; misdemeanor. It shall be unlawful, and a misdemeanor for any person to install, maintain or operate an electric fence in violation of these development standards.

(e)

Plan check approval. The following requests for an electric security fence may be approved through the plan check process in the M-1 and M-2 zones under the following circumstances:

(1)

Adjacent to residential. An electric fence may be installed on properties that touch, join at the edge or border, or share a common property line with an existing non-conforming residential land use as long as the electric fence is installed behind an approved solid block wall with a minimum height of six feet.

(2)

Installed on previously approved chain link fencing. Electric fences installed on a previously approved chain link fence shall be located behind the chain link fence and the chain link fence must be covered with an approved durable, wind resistant mesh or other material that acts as a barrier and screen.

(3)

Behind front and side yard setbacks. An electric fence proposed behind the front and/or side yard setback shall be located behind an approved wall or fence. If the electric fence is placed on an approved chain link fence the chain link fence must be covered with an approved durable, wind resistant mesh or other material that acts as a barrier and screen. On corner lots, the electric fence shall be angled inward to the property.

(f)

Director determination. An electric fence may be permitted in the M-1 and M-2 Zones at the discretion of the Community Development Director or designee through the Director's determination review process under the following circumstances:

(1)

Along major and primary highways/freeways. Electric fences shall be minimized from public view for properties located along major and primary highways as indicated on the most recently adopted circulation master plan and for properties with freeway frontage. A method of visual screen shall be approved by the Director of Community Development and may utilize an approved durable, wind resistant mesh or other material that acts as a barrier and a screen.

(2)

Along the Pacific Electric (PE) Trail. Electric fences proposed adjacent to the PE Trail shall be located behind a tubular steel fence with pilasters or a solid block wall.

(Ord. No. 1865, § 8(Att. 2), 3-23-21)

All trash receptacles and disposal areas shall be screened from view. All industrial facilities shall be provided with trash receptacles and recycling facilities as follows:

(1)

Number. An adequate number and size of receptacles shall be provided to serve all uses on a property.

(2)

Screening. All receptacles shall be screened and the trash enclosure that is designed pursuant to the City approved conceptual plan. The receptacle shall not be visible above the wall. The enclosure shall be architecturally compatible with the architecture of the proposed/existing structures.