Article 2 — DEFINITIONS

For purposes of this chapter, certain words and terms are defined, and certain rules of construction and interpretation are set forth in this chapter.

Any words or phrases not defined in this chapter shall be defined in the manner set forth in a dictionary, or in the terminology in common use by planning and zoning professionals.

Accessory Building or Structure. A building or structure that is subordinate to, and the use of which is incidental to, that of the main building or use on the same lot. Structures that are customarily related to a residence include, but are not limited to, garages, greenhouses, gazebos, outdoor fireplaces, patios, playground structures, storage sheds, and workshops. These structures are not counted as or containing a living area.

Accessory Living Quarters. Living quarters within an accessory building for the sole use of occupants of the premises or guests. Such quarters shall not be rented.

Accessory Use. A use customarily incidental to, subordinate to, and devoted exclusively to the main use of the premises.

Alley. A public or private way permanently dedicated or reserved as a means of access to abutting property.

Apartment. See "Dwelling, Multiple."

Apartment Hotel. Any motel or hotel all or a portion of which is designed to be rented out to be occupied on a permanent basis by any family or individual.

Auto or Automobile. "Auto or automobile" includes trucks, unless otherwise specifically provided.

Automobile Wrecking. The dismantling or wrecking of motor vehicles or trailers, and/or the storage or sale of dismantled or wrecked vehicles or their parts.

Bed and Breakfast Inn. A building or portion thereof occupied as a residence, intended for occupancy by transient visitors wherein guest rooms, including the serving of breakfast, are provided for compensation.

Bedroom. Any room in a residential unit designated as separated sleeping quarters or suitable for that purpose.

Billboard (Outdoor advertising structure). See Article 22.

Block. All property fronting on one (1) side of a street between intersections of streets, railroad rights-ofway or city boundaries or terminated by a dead end; an intercepting street shall determine only the boundary of the block on the side of the street from which it so intercepts.

Boarding, Lodging House. A building where lodging and/or meals are provided for compensation for five (5) but not more than fifteen (15) persons, not including rest homes.

Breezeway. A roofed structure not enclosed on more than two (2) sides attached to and connecting portions of a main building, or a portion of a main building and accessory building.

Building. A permanent structure having a roof; house trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings.

Building Height. Height of a building or playground structure shall be measured along the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof, or to the highest point of a playground structure.

Building plate height. The vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the plate line of the exterior walls which is the horizontal plane where the exterior walls meet the roof rafters or trusses.

Building Site. The ground area of one (1) or more lots, when used in combination for a building or group of buildings, together with open spaces as required by this chapter. When so combined as a single building site, the common line dividing two (2) or more contiguous lots is exempt from the provisions requiring side yards.

Business Park. A unified office development on a minimum of two (2) acres that may also contain associated light manufacturing or commercial service uses.

Business, Retail. The retail sale of any article, substance or commodity for profit conducted within a building, but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials.

Business, Wholesale. The wholesale handling of any substance or commodity for profit but not including the handling of lumber or other building materials, or the open storage or sale of any material or commodity and not including the processing or manufacture of any product or substance.

Carport. A detached accessory building not enclosed on more than three (3) sides and designed for and used to shelter or house automobiles. When attached to the main building, a carport becomes a part thereof.

Central Business District. A section of the city that is the principal shopping, commerce area, and focal point of many individual stores and businesses.

Child Care Facility. A facility, other than a home, that provides regular care, protection, and supervision to children for a period of less than twenty-four (24) hours a day, while the parents or guardians are away.

Child Care Home. A home in which the occupant provides regular care and supervision to twelve (12) or fewer children, inclusive, including children who reside at the home, if any, for a period of less than twentyfour (24) hours a day, while the parents or guardians are away.

Church. Includes any structure or open space where a group of two (2) or more persons, not immediate members of one (1) family only, regularly gather for purposes of divine worship.

Club. An association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service that is customarily carried on as a business.

Commercial Farm Building. A farm building used in connection with agricultural operations conducted for a profit, not including dwellings.

Commission. "Commission" means the Planning Commission of the City of Fowler.

Communications Equipment Building. A building housing electrical and mechanical equipment for a public utility communications business, with or without personnel.

Condominium Project. A project as defined in Section 1350 of the State Civil Code; a community apartment project as defined in Section 11004 of the State Business and Professions Code; or a stock cooperative as defined in Section 110.32 of the State Business and Professions Code.

Convalescent Home. An establishment or home for the care and nursing of convalescents, invalids and aged persons, excluding cases of communicable diseases, mental sickness or disorder, and surgical or obstetrical operations.

Council. "Council" means the City Council of the City of Fowler.

Director. An individual designated by the City Manager with authority to carry out the responsibilities contained in this chapter.

District Zoning. A portion of the City within which certain uses of land and buildings are permitted or prohibited, all as set forth and specified in this chapter.

Dormitory. See "Rooming and Boarding House."

Drive-Through Facilities. A structure and associated facilities, including travel lanes, intended for ordering and pick-up of items from a vehicle such as food, beverages, medicine, and other goods and services.

Dwelling, Multiple. Buildings or portion thereof used as a residence for two (2) or more families or

individuals living independently of each other, with separate kitchen and bathroom facilities. "Multiple dwelling" shall not include trailers, mobile homes, or residential manufactured housing.

Dwelling, Single-Family. A building designed for and/or occupied as a residence by one (1) family or individual. "Single-family dwelling" shall not include trailers, mobile homes or residential manufactured housing.

Emergency Shelter. Emergency shelter shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or

household may be denied emergency shelter because of an inability to pay.

Employee Housing. Living quarters including dwellings, railroad maintenance cars, trailer coaches, or other housing accommodations maintained in connection with any work or place where work is being performed and the site on which they are located, excepting farm employee housing as defined in this section.

Family. An individual, or two (2) or more persons related by blood or marriage, or a group of not more than six (6) persons not necessarily related by blood or marriage, living together in a dwelling unit; full-time domestic servants of any such persons may reside on the same premises, and shall not be counted with respect to the foregoing definition.

Farm Animals. Livestock, fowl, and other animals commonly kept or raised on a farm including, but not limited to, any swine, sheep, goat, horse, donkey, mule, burro, cattle, goat, swine, chicken, duck, goose, rabbit, guinea fowl, peafowl, peacock, turkey, dove, pigeon, game bird or similar bird intended for human consumption or for the production of eggs for human consumption.

Farm Employee Housing. Living quarters, including dwellings with sleeping accommodations and dining facilities, maintained for occupancy by persons employed principally in farming and related pursuits on land owned, leased or rented by the owner, lessee, or tenant of the site on which the farm employee housing is located; excepting a labor camp or trailer park.

Fence, Open or Lattice Type. A fence, fifty (50) percent or more of the surface of which is open to the passage of air.

Fence, Screen. A fence, ninety (90) percent or more of the surface of which is closed to the passage of light on a horizontal plane.

Fraternity House and Sorority House. A dwelling occupied by members of a fraternity or sorority or used as a meeting/assembly place for a fraternity or sorority.

Frontage of Building. The lineal length of any portion of a building facing any adjacent public street or common parking area.

Frontage of Parcel. The lineal length of that portion of a property abutting a street or, in the case of a property that abuts and has a public entrance facing a publicly owned parking lot, that portion of a property abutting the publicly owned parking lot.

Garage, Private. An accessory building or portion of a main building, designed or used only for the shelter or storage of vehicles owned or operated by occupants of the premises, and includes "carport."

Garage, Public. A building other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are kept or stored for compensation, or for hire or sale.

Grade. The point of elevation of the finished surface of the ground or at a location where a sign or any projection thereof is within five (5) feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. Where a raised planter, earth berm or other artificial elevation of the ground exists at a location, the grade shall be the elevation at the base of such planter, earth berm or artificial elevation of the ground.

Group Care Facility. A community care facility licensed by the State Department of Social Services that is not a residential care home, or any other facilities providing non-medical care and supervision to children and/or adults.

Guest House. A detached accessory building with a floor area less than two hundred fifty (250) square feet that does not contain kitchen facilities and is designed for and used to house nonpaying transient guests of the occupants of the dwelling on the lot.

Health Care Facility. Any facility, place or building maintained and operated to provide medical care, including, but not be limited to, hospitals, nursing homes, intermediate care facilities, psychiatric care facilities, clinics, and home health agencies, licensed by the State Department of Health Services.

Height, Building. The vertical distance from the average level of the highest and lowest point of the portion of the lot covered by the building to the top most point of the roof.

Home Occupation. An occupation or profession carried on by a member or members of the immediate family residing on the premises.

Hospital, Major Medical Facility. Any facility or building maintained and operated for the diagnosis, care and treatment of human illness or injury, including convalescence, rehabilitation, and care during and after pregnancy, or for any one (1) or more of these purposes.

Hotel or Motel. Any building or buildings, or portion thereof containing six (6) or more guest rooms designed to be rented out to be occupied on a temporary basis of not more than thirty (30) continuous days by any family or individual.

Household Hazardous Waste Collection Center. A facility operated or authorized by the City or County for the collection of small quantities (less than five (5) gallons or fifty (50) pounds per delivery) of hazardous wastes generated in the home. Such a facility would be operated with a State Approved Operating Plan and would require approval of the city fire marshal. The facility would serve to implement the Household Hazardous Waste recommendations of the approved Fresno County Hazardous Waste Management Plan. Such a facility would occupy an area of not more than five hundred (500) square feet, and would not use power driven processing equipment. The facility must be located over five hundred (500) feet from existing residential uses. Waste materials collected would include, but not be limited to, pesticides, cleaners, paints, and other household items considered hazardous.

Household Pets. Domestic animals ordinarily permitted in a place of residence, kept for company and pleasure, such as: dogs; cats; guinea pigs; rats; rabbits; mice; budgies, canaries, cockatiels, cockatoos, finches, lorikeets, lovebirds, macaws, parakeets, parrots, toucans, and similar birds; Vietnamese potbellied pigs as provided for in Chapter 1 of Title 6 of the Fowler Municipal Code — Animal Regulations; turtles; lizards and snakes as permitted in this chapter; and other similar animals generally considered to be kept as pets, excluding farm animals. The maximum number of household pets allowed in a household or on any premises shall be four (4) animals in any combination. Of those four (4) animals, no more than two (2) may be potbellied pigs.

Human Sign. See Article 22.

Junk. Any scrap metals, papers, lumber, old vehicle parts or machinery, or other scrap materials, and also bicycles, automobiles, other vehicles or machinery, dismantled or wrecked, and similar items ordinarily classified as junk, regardless of whether the materials are being held for sale or storage.

Junkyard. Any premises or portion thereof upon which any of the articles defined as junk are kept for sale or storage, in the open and not entirely enclosed within a room or building, whether for business use, personal use or convenience, or otherwise.

Landscaping. The planting, configuration, and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

Liquor Store. A retail establishment operated for the primary purpose of selling alcohol. Food stores and convenience markets for which food sales comprise the majority of gross sales, but also sell alcohol, shall not be considered a "liquor store."

Lot, Interior. A lot other than a corner lot or a reversed corner lot.

Lot, Key. An interior lot where the side yard abuts the rear yard or side yard of a corner lot.

Lot Line, Front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot for the street.

Lot Line, Rear. A lot line opposite and most distant from the front lot line; or in the case of an irregular, triangular or pie-shaped lot, a line ten (10) feet in length within the lot, parallel to and at a maximum distance from the front lot line.

Lot Line, Side. Any lot boundary line not a front lot line or a rear lot line.

Lot, Reversed Corner. A corner lot, the street side line of which is substantially a continuation of the front lot line of the lot upon which it rears.

Lot, Through. A lot having frontage on two (2) parallel or approximately parallel streets.

Lot Width. The distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Mature height. The typical height of a tree as defined by the latest edition of the Water Use Classification of Landscape Species (WUCOLS).

Medical Clinic. An outpatient health facility that provides direct medical, care advice, services or treatment to patients who remain less than twenty-four (24) hours.

Mobile Home, Manufactured Home. A residential dwelling unit that is either wholly or partially constructed off the site in accordance with regulations of the State Commission of Housing and Community Development. Manufactured homes shall be placed on a permanent foundation.

Mobile Home Park. Any parcel of land or portion thereof used as a location for one (1) or more mobile homes or manufactured homes.

Multi-family. See "Dwelling, Multiple."

Mural. See Article 21.

Nonconforming Building. A building or portion thereof lawfully existing at the time of the adoption of this chapter, that does not conform to the applicable regulations of this chapter, or amendment thereto.

Nonconforming Use. A use that lawfully occupies any building or land at the time of the adoption of this chapter, and does not conform to the applicable regulations of this chapter, or amendment thereto.

Nursing Home. A structure operating as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalid or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.

Parking Facility. A structure or an area of land, a yard or other open space on a lot fully improved with allweather surfacing and storm drainage as approved by the Department of Public Works and used for or designed for use by standing motor vehicles.

Parking Facility, Off-Site. A parking facility located on a lot other than the lot on which the use it serves is located.

Parking Space. A paved area used exclusively for the parking of motor vehicles that is accessible by such vehicles to and from an improved street or alley.

Paved. A structural section of asphalt concrete and aggregate base rock designed for vehicle volumes and loadings as determined by the City Engineer and the City's Standard Specifications.

Personal Service Establishment. A commercial or professional establishment specializing in rendering services and in which the sale of commodities is only incidental thereto.

Pigeons. "Pigeon" means a member of the order Columbae, and shall include "Racing Pigeons", "Fancy Pigeons" and "Sporting Pigeons." "Racing Pigeon" means a pigeon which, through past breeding, can return to its home after having been released from a considerable distance. "Fancy Pigeon" means a pigeon which, through past breeding, has developed distinctive physical and performing; examples: Fantails, Pouters, Trumpeters. "Sporting Pigeon" means a pigeon which, through past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying; examples: Rollers, Tipplers. The keeping of pigeons shall be subject to the following conditions:

A.

Owners of pigeons shall provide documentation of membership in a nationally recognized racing, homing or sporting pigeon association. All pigeons shall be banded with a leg band which designates the national organization with which the bird is registered.

B.

At no time shall pigeons be allowed to perch or linger on buildings or fences, or other common or private property, including that of others.

C.

Any loft for housing pigeons shall be no less than forty (40) feet from any dwelling unit or structure used for human habitation and located on an adjoining lot.

D.

The keeping of pigeons may be allowed only upon the issuance of a permit by the Director. The permit may be revoked by the Director upon violation of any condition, regulation or limitation of the permit issued.

E.

City law enforcement officers or the building official may enter and inspect any property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this section.

Play Area. A playground, generally not exceeding one (1) acre in area.

Playground. Any area, including accessory buildings, used or designed for recreation and not conducted for a profit.

Playground Structure. A structure constructed or erected located on the ground or attached to the ground for the purpose of children's play typically including such features as swings, slides and horizontal and vertical bars for support and for children to climb and play on.

Premises. A lot or parcel or real property or any portion thereof that is used separately from other portions thereof or any building located thereon or any portion of such building that has a separate street address. "Premises" does not include easements in real property appurtenant to a lot.

Public Utility Service Yard. An area for the storage of public utility vehicles and material and office facilities for maintenance and construction personnel.

Readerboard Sign. See Article 22.

Recyclable Material. Recyclable material is reusable material including, but not limited to, metals, glass, plastic and paper that are intended for reuse or re-manufacture. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code.

Recycling Facility. A center for the collection and/or processing of recyclable materials. A certified recycling facility means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that property.

Recycling Collection Facility. A center for the collection and/or processing of recyclable materials limited to glass, metals, plastic containers, papers, and reusable items. The collection facility shall comply with the following standards:

1.

Shall be installed as an accessory use to an existing commercial use.

2.

Shall be no larger than five hundred (500) square feet.

3.

Shall be set back at least ten (10) feet from any public right-of-way and not obstruct pedestrian or vehicle circulation or reduce established landscaped areas. Additional landscaping or screening may be required by the Director.

4.

Shall use no power-driven processing equipment except for reverse vending machines.

5.

Shall store all materials in the mobile unit and not leave materials outside when an attendant is not present.

6.

Shall be maintained in a clean and sanitary manner free of litter and other undesirable materials, including graffiti.

7.

May have identification signs with a maximum of fifteen (15) percent per side of a structure, or sixteen (16) square feet, whichever is greater.

8.

No additional parking shall be required for the collection facility. However, parking at the facility shall not substantially reduce available parking for the primary use.

9.

Shall be limited in operation to between the hours of 8:00 a.m. and 6:00 pm.

Reptile. Any cold-blooded animal including, but not limited to, turtles, snakes, lizards, crocodiles and

alligators. The keeping of reptiles as household pets is limited to turtles, lizards and snakes and excludes other reptiles such as crocodiles and alligators. It shall be unlawful for any person to own and keep within the City any reptile that is determined by an animal regulations officer to be a nuisance or danger to persons or other animals.

Residential Care Home. A community care facility licensed by the State Department of Social Services as a residential facility, a residential care facility for the elderly, a foster family home, or a small family home, as defined in Health and Safety Code Section 1502 or described in Welfare and Institutions Code Section 5116, that serves six (6) or fewer adults and/or children, and an alcoholism recovery facility as defined in Health and Safety Code Section 11834.1 serving six (6) or fewer persons.

Residential Manufactured Housing Unit. A mobile home that is placed on a foundation in accordance with the provisions of California Healthy and Safety Code Section 18551 and that is used as a single-family dwelling.

Reverse Vending Machine. An automated device that accepts empty beverage containers such as aluminum cans, glass and plastic bottles, and issues a cash refund or credit slip with a value not less than the redemption value as determined by the State. A reverse vending machine may process containers mechanically provided that the entire process is enclosed within the machine. In order to temporarily store containers and to meet the requirements of certification as a recycling facility, multiple machines may be necessary.

Sanitarium. A health establishment where resident patients are kept that specializes in giving clinical, temporary, and emergency medical or surgical services to patients and injured persons and licensed by state agencies to provide facilities and services in surgery, obstetrics, and general medical practice as distinguished from treatment of mental and nervous disorders but not excluding surgical and post-surgical treatment of mental cases.

School, Public or Private. A public or private academic institution for children or adults, but excluding a business college.

Secondhand Store. A retail business that sells used merchandise such as clothing, appliances, furniture and other similar goods, provided that such articles are usable for the purposes for which they were created. Secondhand store shall not include the sale or storage of used cars or used car parts.

Senior Citizens' Housing Development. A development specifically designed for and occupied by persons sixty-two (62) years of age or older and limited to such occupancy for the actual lifetime of the building, either by the requirements of state or federal programs for housing for the elderly or in accordance with standards established by resolution of the Commission and/or the City Council.

Service Station. A retail business establishment supplying gasoline and oil and minor accessories and services for automobiles, but excluding painting, body work and steam cleaning.

Setback Line. A line governing the placement of buildings and improvements with respect to streets, access easements, alleys and adjoining properties.

Shopping Center. Three (3) or more commercial establishments within an integrated shopping center where buildings parking, loading, landscaping, architecture, and other features are developed, and maintained as if a single unit.

Sign. See Article 22.

Solid Waste Transfer Facility. A facility for the collection, temporary storage, and transfer of solid waste to a sanitary landfill.

Street. A public or private thoroughfare that affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley as herein defined.

Street Line. The boundary between a street right-of-way, private street or access easement and adjoining property.

Street Property Line. That property line common to the street right-of-way or access easement.

Structural Alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, and floor joists, ceiling joists or roof rafters, but not restricted to those mentioned above.

Structure. Anything constructed or erected, the use of which requires locating on the ground or attachment to something having location on the ground.

Supportive Housing. Supportive housing shall mean housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Tandem Parking. Two (2) parking spaces located such that one (1) of the spaces serves as the only access to the other space and when occupied, blocks vehicular access to the other space.

Target Population. Target population shall mean persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

Temporary Sign. Any sign not permanently attached to the ground or a building.

Transitional Housing. Transitional housing shall mean buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and re-circulating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.

Travel Trailer. Any motor home, travel coach or other vehicle, with or without motive power, designed to travel on public streets and used for temporary human habitation.

Tree, Large. A tree whose mature height is greater than forty-five (45) feet and is at least one and one-half (1½) inch in diameter, measured at six (6) inches above ground level.

Tree, Medium. A tree whose mature height is between twenty-five (25) and forty-five (45) feet and is at least one and one-quarter (1¼) inch in diameter, measured at six (6) inches above ground level.

Tree, Small. A tree whose mature height is less than twenty-five (25) feet and is at least one (1) inch in diameter, measured at six (6) inches above ground level. Two (2) small trees shall count as a medium tree.

Yard. Land unoccupied or unobstructed, except for such encroachments as may be permitted by this chapter.

Yard, Front. A yard extending across the full width of the lot, measured between the street line and the required front setback line. The front yard of a corner lot may face either street frontage, at the option of the owner. The front yard of a flag lot may by any yard as designated by the owner at time of development.

Yard, Rear. A yard extending between the side property lines of the lot measured from the rear property line of the lot and the required rear setback line. In the case of a corner lot or flag lot, the rear yard is that portion of the lot opposite to the front yard.

Yard, Side. A yard between the side line of the lot and the required side setback line extending from the front line of the lot to the rear yard.

Vehicle Wrecking Yard. A site on which is conducted the dismantling or wrecking of used vehicles, or the storage or sale of dismantled or wrecked vehicles or their parts. The presence on a site of two (2) or more motor vehicles which have not been capable of operating under their own power for thirty (30) days or more, or in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a vehicle wrecking yard.

Wild or Exotic Animal. Shall mean any of the following:

(1)

Any animal described in California Fish and Game Code Sections 2116 and 2118, or in any addition to Fish and Game Code Section 2118 by regulation of the Fish and Game Commission as provided for in those sections;

(2)

Any animal not normally kept as a domesticated animal or household pet, including, but not limited to, alligators, crocodiles, lions, monkeys and tigers;

(3)

Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means;

(4)

Any hybrid animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the State;

(5)

A potentially dangerous or vicious animal over which the owner has evidenced a failure to maintain control.

No person shall own, have, keep or maintain in the City any wild, exotic, or nondomestic animal or reptile, unless in conformance with the requirements of Chapter 1 of Title 6 of The Fowler Municipal Code - Animal Regulations.

(Ord. No. 2011-06, § 2, 11-1-2011; Ord. No. 2015-03, § 1, 5-19-2015; Ord. No. 2021-06, § 1, 12-7-2021; Ord. No. 2022-08, § 1, 10-4-2022)

ARTICLE 3 - ESTABLISHMENT OF ZONING DISTRICTS

"Base" districts establish primary land use and property development regulations. "Overlay" districts provide additional regulations over certain lands to meet special environmental or development objectives. Overlay district regulations apply in addition to the base zone regulations. Base and overlay districts established by the zoning ordinance are:

RCO (Resource Conservation, Public Use, and Open Space District)

UR (Urban Reserve)

R (One-Family Residential Districts)

RM (Multi-Family Residential Districts)

P (Parking)

C-1 (Neighborhood Commercial)

C-2 (Community Commercial)

C-3 (General Commercial)

C-H (Highway Commercial)

M-1 (Light Industrial)

M-2 (Heavy Industrial)

PUD (Planned Unit Development Overlay District)

Form-Based Code Area

Precise Plan Overlay District

HB Overlay District

The zoning map is attached hereto and made a part of this ordinance with the same force and effect as if the boundaries and information shown on the map were set out and described in this code. This map,

together with any additional maps that may be adopted in accordance with this ordinance, shall be known as the Zoning Map of the City of Fowler.

Changes in classification of zones and boundaries of zones may be made by:

A.

Adoption of an amended zoning map showing the change thereon, in the manner provided for amendment of this chapter; or

B.

Amendments to the text of this chapter without amending the zoning map.

Whenever any uncertainty exists as to the boundary of any zone district, the following regulations shall control:

A.

Where a boundary line is indicated as following a street, alley, railroad right-of-way, drainage channel or other watercourse, the centerline of such street, alley, railroad right-of-way, drainage channel or other watercourse shall be considered to be the boundary line.

B.

Where a boundary line is indicated as following an approximate lot line or property line, it shall be construed as following such lot line or property ownership line.

C.

Where a boundary line is not indicated as following a street, alley, or railroad right-of-way, and does not coincide approximately with a lot line or property ownership line, the boundary line shall be determined by the use of the scale designated on the zoning map.

D.

Where further uncertainty exists, the Commission, upon written application or on its own motion, shall determine the location of the boundary, giving due consideration to the zoning map and the objectives and purposes set forth in the district regulations and the General Plan.

E.

If any land is not shown on the zoning map as within a zone, it shall be deemed to be within the UR zone until otherwise zoned as provided herein.

Except as otherwise provided in this code:

A.

No structure or part thereof shall be erected or altered, nor shall any site or structure be used in any manner other than is included among the uses listed as permitted or conditional in the district in which such structure or site is located.

B.

No structure or part thereof shall be erected, altered, rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity with the yard, site area and building location regulations in the district in which such structure or open space is located.

C.

No lot area shall be so reduced so that the yards, open space, buildable area or lot area shall be smaller than prescribed by this chapter; nor shall the density of population be increased except in conformity with this chapter.

D.

No yard or other open space around any building shall be considered as providing the required yard, open space or buildable area for any other building; no yard or open space on any adjoining lot shall be considered as providing a yard, open space or buildable area or lot area on any other lot.

E.

Every required yard shall be open and unobstructed from the ground to the sky, except as otherwise provided in this chapter.

F.

Two (2) or more abutting lots of record may not be combined and used as though a single site except through the lot line adjustment or merger provisions of the Subdivision Map Act.

G.

A lot, or lots, may be divided into parts, provided that each part is equal to or exceeds the minimum lot area requirements of the code, and so long as such parts are used as though separate lots they shall be deemed to be separate lots under all provisions of this code.

H.

No deed or conveyance of any portion of a site shall be made that reduces the site area, yards, off-street parking spaces or other minimum requirements of this code, without the prospective grantor and grantee first recording, in the Office of the Fresno County Recorder, a covenant for the benefit of the City of Fowler agreeing that such site shall continue to be maintained, operated and used as though a single site so long as any part thereof depends on the other for compliance with the provisions of this code.

9-5.306 - Changes of District Boundaries or Regulations Because of Annexation or Right-of-Way Abandonment

A.

Applications for annexation shall be accompanied by an application to pre-zone the area to districts consistent with the General Plan. Public hearings on the pre-zoning shall be held in the same manner prescribed for rezoning property.

B.

Pre-zone districts shall become effective upon annexation. If the annexation is not recorded and terminates subject to provisions of the Fresno LAFCO, the pre-zoning shall be null and void.

C.

Fresno County zoning for inhabited territory annexed to the City may be retained if such zoning is also provided for by this code and is consistent with the General Plan. In the event of an inconsistency, prezoning shall be required as stipulated in A., above.

D.

A conditional use permit, variance, or other entitlement considered valid by Fresno County at the time of annexation shall be retained and administered by the City.

E.

Concurrent with the pre-zoning request, conditional uses, variances, and uses approved by administrative approval consistent with the pre-zoning may also be considered, to become effective upon annexation.

F.

Territory that becomes "un-zoned" through abandonment of a public street, classified the same as the property adjoining on either side of the center line of such street, alley, or railroad right-of-way.

A.

Zoning districts shall be applied to all public and private property in a manner consistent with policies and land use arrangements set forth in the General Plan. Zoning consistent with adopted plan designations shall be as shown on the following Planning and Zoning Consistency Table.

B.

All actions and procedures pertaining to the granting or denial of various permits or other entitlements shall be consistent with applicable policies set forth in the General Plan.

C.

Where uncertainty exists concerning how best to achieve consistency with the General Plan, the Commission shall make a written determination in accordance with the procedures prescribed in Section 9- 5.21.02.

D.

The overall maximum density of the zone district shall not be exceeded, except when a project meets the requirements of State Density Bonus Law, or when a conditional use permit is approved in the High Density plan designation.

E.

For a rezoning request, the City may require a conceptual site plan or tentative tract map to demonstrate compliance with provisions of this chapter or to protect adjacent land uses from impacts of the proposed use.

Planning and Zoning Consistency Table

1 22 or more units/acre may be allowed subject to a conditional use permit.