Fontana Municipal Code Div. 3 Use Regulations

(a) Uses by zoning district. Table No. 30-430 lists the uses permitted in each of the residential zoning districts. A "P" indicates a use is permitted by right, a "C" indicates the use requires the granting of 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 "*" indicate that the use is subject to special use regulations in Section 30-432. Conditional uses are subject to the provisions in Section 30-433.

Table No. 30-430 Permitted Uses in Residential Zoning Districts

a — Only one single-family dwelling is permitted per legal parcel. An accessory dwelling unit (ADU) may also be permitted if all requirements of the Municipal Code are met. Subdivisions of property for the purpose of single-family development requires approval of a tentative tract map or parcel map.

(Ord. No. 1830, § 8(Exh. A), 6-9-20; Ord. No. 1936, § 4(Exh. A), 12-12-23; Ord. No. 1961, § 4(Exh. A), 1-28-25)

Any use not specifically permitted by Table No. 30-430 shall be prohibited, unless the Director of Community Development determines, pursuant to the provisions of Section 30-323 of this chapter, the use to be similar to or have substantially the same operating characteristics as a permitted use and issues a written determination to that effect.

This section establishes special regulations for certain uses permitted by right, as indicated by an asterisk "*" in Table No. 30-430. The use specified is permitted provided that the use conforms to the following regulations:

(1) Agricultural uses (retail and wholesale uses).

a. Crops and orchards. Farms or ranches for orchards, tree crops, field crops, berry or bush crops, flower gardening, and the like are permitted if a residential lot has a net area equal to or greater than 20,000 square feet. The following regulations apply:

1. Retail sale of agricultural goods grown on the premises is permitted.

2. No commercial nurseries shall be permitted.

(2) Animals—Keeping and raising.

a. Small animals. The raising of chickens, rabbits, or other similar fowl or small animals is permitted subject to the following:

1. The number of animals shall be prescribed in Table No. 30-432.

2. All animals shall be corralled, penned or caged, as defined below in "Animals: keeping and raising."

3. The operator shall comply with all other regulations established by city and county health ordinances.

4. Animal slaughtering for production of marketable products or for private consumption shall be prohibited in all zoning districts.

b. Table No. 30-432. summarizes the number of animals that may be kept on any property.

c. Location of animals.

1. Areas containing generally accepted household pets other than dogs or cats, such as passerine or exotic birds, hamsters, garter snakes, lizards, frogs, and fish are not subject to these regulations.

2. All animals shall be corralled, penned or caged at least 40 feet from any dwelling on the property (including contiguous parcels under one ownership used as one property) containing the corral, pen or cage and 20 feet from any property line.

3. Grazing shall not be permitted within any public right-of-way, front setback, or street side setback at any time.

4. Animal slaughtering for production of marketable products or for private consumption shall be prohibited in all zoning districts.

Table No. 30-432 Number of Animals Permitted for Noncommercial Use in Residential Zoning Districts

i. No more than one per multiple-family dwelling unit.

ii. No more than three per single-family dwelling unit.

(3) Construction trailer/sales office. A trailer used for construction offices, sales and rental, or watchman's quarters is permitted at a construction site with the approval of a temporary use permit as required in Article II provided:

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

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

c. Not more than one person per shift resides in the trailer if used for watchman's quarters.

d. Shall comply with the provisions set forth for temporary uses as defined in Article II.

(4) Garage, carports, and driveways—Private.

a. Each parking stall within an enclosed garage or carport area shall have a minimum clear unobstructed area of ten feet in width by 20 feet in length. An encroachment into this clear space of up to 24 inches may be permitted on the wall opposite the garage vehicle entrance, provided a minimum ground clearance of at least four feet is maintained.

b. For single-family residences, in addition to a direct pedestrian door way and door from the garage into the house, each garage shall also have a minimum of at least one direct pedestrian doorway and door, at least 32 inches wide, to the rear or side setback with a paved sidewalk leading to the driveway or sidewalk.

(5) Private swimming pool. The requirements of Section 30-466 shall apply to all private swimming pools, spas, and hot tubs.

(6) Oversized vehicle parking. Recreational house trailers, motor homes, campers, boats, and similar recreational vehicles may be parked on any residential property that is developed with a primary residence provided that the vehicle conforms to the following regulations:

The vehicle, when parked, shall not extend into any public right-of-way, including sidewalks, into any private access easement or area, or into or on the front setback area, excluding approved driveways (refer to Chapter 17, Section 162 of the Municipal Code).

The vehicle, when parked, shall not be lived in or occupied at any time. The vehicle, when parked, shall be registered to the property owner.

(7) Stable; private. Private stables are permitted subject to the regulations for the keeping of animals specified in Table No. 30-432.A. Also, private stables shall not be located in any required front setback area.

(8) Home occupations. Home occupation uses, including cottage food operations, are permitted provided a valid home occupation permit has been obtained pursuant to the provisions of Article II, Division 19 of this chapter.

All uses marked with a "C" in Table No. 30-430.A 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 operational standards outlined below.

(1) Places of assembly. Places where people assemble for meetings, events, religious services, cultural activities and similar events are subject to the provisions of this subsection.

a. The minimum site area shall be one acre and shall have frontage on a secondary, primary, or major highway.

b. The width of the frontage of the site shall be not less than 120 feet.

c. Front setbacks shall be required for the zoning district in which the use is located except that if the entrance to the main building faces the street, the minimum front setback shall be 40-foot.

d. Main buildings and structures on the site shall not be closer than 25-foot to any property line that is a common property line with "R" zoned property, except that accessory buildings and structures (no more than 640 square feet in area) shall maintain a side setback of ten-foot with five-foot added at ground level for each additional story over the first. Any detached single-family dwelling on such site shall conform to the setback requirements and required distance between buildings as required for the zoning district in which the dwelling is located.

e. The required front setback for any on-site parking area shall be no less than that required for the zoning district in which the parking area is located.

f. On interior lots, the required side setback area shall not be used to provide on-site parking areas, and on corner lots, the interior side setback shall not be similarly used. Under no circumstances may the required side setback on the street side be used for off-street parking.

g. A solid decorative masonry wall of 42 inches in height or a landscaped berm, pursuant to Section 30-700, shall be provided between the parking area and the front setback, and the required side setback on the street side to screen the parking area from view.

h. Limitations on lot coverage by buildings shall not apply.

i. A solid wall not less than six feet in height shall be constructed and maintained on any property lines adjoining residential zoned property, provided such wall shall not extend into any required front setback.

j. All lights provided to illuminate any parking area or building on the site shall be so arranged as to direct the light away from any adjoining premises.

k. The use shall comply with the noise standards in Table 30-469.

l. The conditional use permit may impose restrictions upon the hours of operation to ensure the health and safety of the community and to ensure compatibility with the surrounding land uses for uses located outside activity areas.

(2) Parolee homes.

a. Any use that engages in the operation of a parolee home shall be subject to the approval of a conditional use permit. A new conditional use permit shall be required for the following actions:

1. Commence operation of a parolee home.

2. Existing parolee homes, unless it was lawfully established prior to the effective date of the ordinance.

3. Any changes in operating conditions from what was originally imposed by the city, including, but not limited to, number of parolees or modifications to the conditions of approval.

4. Any changes in the operating conditions of existing parolee homes lawfully established prior to the effective date of the ordinance.

5. Sale, transfer, or new lease agreement of a parolee home to another individual, entity, etc.

6. An existing parolee home discontinued for a consecutive period of 30 days is deemed abandoned and shall be required to obtain a new conditional use permit.

b. Location requirements.

1. In judging requests for parolee homes, particular attention will be directed to the physical relationship and proximity of the proposed use to similar uses on the same or surrounding sites, the compatibility of the proposed use with neighboring uses (i.e., schools, parks, and other similar uses), and ensuring that no adverse effects on the public health, safety, or welfare will be created by the proposed use.

2. When a conditional use permit for a parolee home is requested, other than for a renewal or ownership transfer, it should be a minimum of 660 feet away from an existing or proposed school, park, religious institution, hospital, youth facility, or other similar uses.

3. When a conditional use permit for a parolee home is requested, other than for a renewal or ownership transfer, it should be a minimum of 1,320 feet away from an existing parolee home or other similar uses.

c. In addition to any other conditions imposed by the Planning Commission pursuant to Article II Division 12, of this Code to safeguard the public health, safety, and welfare, a conditional use permit for a parolee home shall meet the following conditions:

1. Each parolee home or "parolee home" unit is limited to a maximum number of six parolees with each bedroom not exceeding two parolees.

2. Multi-family residential projects with less than 25 units shall be limited to one "parolee home" unit.

3. Multi-family residential projects with 25 or more units shall be limited to two "parolee home" units.

4. City staff may prepare an annual status report on the parolee home for the planning commission's review and consideration.

5. The property owner or a designated on-site manager must live on the site of the parolee home.

6. The police department shall be provided a weekly update by the applicant of the parolees living at the parolee home.

d. Revocation. Pursuant to Section 30-155 of this Code, the Planning Commission may revoke a conditional use permit. The revocation hearing must be noticed at a public hearing as required in Article II, Division 4 of this Code and the Planning Commission must make the necessary findings to revoke the conditional use permit as set forth in Section 30-155 of this Code.