Division 1 — ADMINISTRATION

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 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.

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.

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:

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.

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.

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).

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)