Fontana Municipal Code Div. 2 General Development Standards

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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