Fontana Municipal Code Div. 3 Use Regulations

(a) Uses by zoning districts. Table No. 30-609 lists the uses permitted in the public and open space zoning districts. A "P" indicates, the use is permitted by right and shall be approved through an appropriate entitlement process, a "C" indicates the use requires the granting of a conditional use permit (CUP) from the Planning Commission, an "M" indicates the use requires the granting of a minor use permit (MUP) from the Director of Community Development, and "—" means the use is not permitted.

(b) Uses subject to specific requirements. Permitted uses and uses requiring an MUP are marked with an asterisk "*" and are indicative that the use is subject to special use regulations here-in. Conditional uses are subject to the provisions are marked with a "C".

Table No. 30-609 Permitted Uses in Public and Open Space Zoning Districts

Any use not specifically permitted by Section 30-610 shall be prohibited, unless the Director of Community Development finds the use to be similar to or have the same operating characteristics of a permitted use through a Director's determination pursuant to the provisions of Division 16 of Article II.

This section establishes special regulations for certain permitted uses and uses requiring an MUP marked with an asterisk "*" in Table No. 30-609. The specified use is permitted provided that the use conforms to the following regulations.

(1) Animal grazing, breeding, raising or training. The keeping of animals for grazing, breeding, raising, or training is permitted subject to the following:

a. A minimum lot size of six acres is required.

b. The number of animals permitted shall be limited as outlined in Table No. 30-611.

Table No. 30-611 Number of Animals Permitted

* Swine are permitted provided they are not fed garbage.

(2) Home occupation. Home occupation uses are permitted within a single-family home and provided a valid home occupation permit has been obtained pursuant to the provisions of Division 20 of Article II.

(3) Product sales stand. One stand provided for the display and sale of products grown on-site is permitted by approval of the Director of Community Development. The floor area for the stand shall not exceed 200 square feet.

(4) Parking facilities. Parking facilities related to a use located adjacent to but not within the open space zoning district are permitted subject to the following:

a. The parking facility shall be developed in accordance the requirements of Article XI.

b. All parking facilities shall be subject to an appropriate entitlement review process outlined here-in.

(5) Single-family residence. In the OS-N zoning district, the maximum density shall be one unit per 20 acres of land.

(6) Accessory uses. Accessory uses within utility easements shall be subject to an appropriate entitlement review process outlined here-in.

(7) Theater/performing arts with alcoholic beverage sales. Alcoholic beverage sales are permitted provided they are located within a theater or performing arts center located within the municipal campus and are associated with civic events.

(8) Farmers market. Notwithstanding any other provision of this chapter, a farmers' market may be conducted in the P-PF zoning district, provided they are carried on in accordance with the limitations hereinafter set forth, and provided an approved minor use permit and site plan review is granted by the Director of Community Development.

a. An established set of operating rules addressing the governance structure of the market, hours of operation, and days of the week, maintenance, and security requirements shall be permitted and approved under the minor use permit (MUP) application and site plan review.

b. A MUP approval letter, a master site plan, as well as the conditions of approval, shall be posted in a conspicuous place at the market site.

c. The organization responsible for governing or operating the farmers market shall obtain a business license and shall post the business license in a conspicuous place at the site.

d. At least 51 percent of the vendors displaying inventory of the products sold in each farmers market are selling fresh fruits and vegetables.

e. Fifteen percent or fewer vendors are non-food vendors (i.e. handmade crafts, art exhibits, informational booths, etc.).

f. The organization governing or operating the farmers market shall provide access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets. Operation of the farmers market shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the market site.

g. The sale of, or consumption of, alcoholic beverages on the market site is prohibited.

h. The sale of second-hand merchandise is prohibited.

i. Portable shelters (e.g.: EZ up shelters) with an area no larger than ten feet by ten feet are allowed in designated market areas. Any shelter larger than ten feet by ten feet must be approved under the MUP application and may require review by the Building and Safety Division.

j. Animals, other than law enforcement dogs and assistance animals for the disabled (e.g.: Service Animals) are not allowed on the market site.

k. A medical cannabis dispensary shall not be permitted pursuant to this section.

l. The Director of Community Development shall have the authority to determine other market activities, in addition to those specifically listed in this article, which may be permitted, or conditionally permitted, in his or her judgment supported by specific written findings in Division 16, Article II.

(Ord. No. 1899, § 10, 7-26-22)