Article 20 — OFF-STREET PARKING AND LOADING

Off-street parking and loading facilities shall be provided incidental to new uses and major alterations and enlargements of existing uses. Parking spaces and loading berths shall be in proportion to the need created by the particular type of land use. Off-street parking and loading areas are to be laid out in a manner that will ensure their usefulness, protect the public safety and, where appropriate, insulate surrounding land uses from their impact.

A.

A parking space is an area for the parking of a motor vehicle, plus additional areas required to provide for safe ingress and egress. The area set aside must be usable and accessible for the type of off-street parking that must be satisfied.

B.

In any residential district, all motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

C.

In any residential district, there shall be no parking, storage, or other similar uses within required front yard landscaped areas.

D.

The provisions of this chapter shall not require additional parking in the case of reconstruction or structural alteration of any of the following buildings, provided such building was in existence at the time the ordinance codified in this chapter was adopted:

1.

In C or M zones, provided such reconstruction or alteration does not add more than five hundred (500) square feet of usable floor space to the building in the aggregate.

2.

Churches, provided no addition is made to the auditorium seating capacity.

E.

Except as provided above at the time of initial occupancy of a site, or of construction of a building, or of a major alteration, or enlargement of a site or building, or a change in use of property that requires additional parking, there shall be provided off-street parking facilities in accordance with the requirements of this section.

F.

Required parking shall be provided on the site or a site proximate to the external boundaries of the lot upon which the building it serves is located. This required parking area shall be provided in any of the following ways:

1.

On the lot with the building served.

2.

On a contiguous lot or a lot within three hundred fifty (350) feet of the building or use being served.

3.

By membership in an assessment district established for the purpose of providing off-street parking for the uses located in said district.

G.

Parking Space Schedule.

1.

Residential Uses:

a.

One-family dwellings—two (2) spaces for each dwelling unit within a garage or carport.

b.

Multi-family dwellings—in accordance with the following schedule:

One-half (½) of the required parking spaces shall be covered.

c.

Guest parking—one (1) space per five (5) dwelling units for multi-family dwellings. Such spaces shall be clearly identified by the appropriate marking of each space on the asphalt/concrete surface of appropriate signage.

d.

Housing for the elderly—One (1) space for each dwelling unit, provided that sufficient space shall be set aside for one and one-half (1½) spaces for each dwelling unit in the event of a change of use to non-elderly housing.

e.

Private clubs, fraternity houses, sorority houses, lodging houses and rooming houses—one (1) space for each two (2) beds.

2.

Uses Within Integrated Shopping Centers:

a.

Uses within an integrated shopping center involving a combination of three (3) or more commercial establishments for which building area, off-street parking, off-street loading, landscaping, architecture, lighting, and other features are developed, managed and maintained as if a single unit:

Ten thousand (10,000) total square feet or less: one (1) space for each two hundred (200) square feet of floor space.

Ten thousand one (10,001) square feet or more: one (1) space for each two hundred (200) square feet of floor space for the first ten thousand (10,000) square feet; one (1) space for each two hundred fifty (250) square feet thereafter.

b.

Uses not within an integrated shopping center as defined above the number of spaces otherwise required of the type of use by provisions of this article.

3.

Commercial and Industrial Uses:

a.

Banks—one (1) space for each four hundred (400) square feet of floor area.

b.

Business and professional offices (not including medical offices)— one (1) space for each three hundred (300) square feet of floor area.

c.

Retail stores, food—one (1) space for each two hundred (200) square feet of floor area; mini-market food stores—one (1) space for each three hundred (300) square feet of floor area for stores under two thousand (2,000) square feet of gross floor area.

d.

Retail stores, other than food and personal service establishments—one (1) space for each two hundred (200) square feet of floor space.

e.

Motels and hotels—one (1) space for each guest room, plus one (1) space for each employee on the maximum shift.

d.

Café, restaurant or other establishments for the sale and consumption on the premises of food and beverages:

1.

Having less than one thousand (1,000) square feet of floor area: one (1) space for each two hundred (200) square feet.

Having less than four thousand (4,000) square feet of floor area: one (1) space for each one hundred fifty (150) square feet.

3.

Having more than four thousand (4,000) square feet of floor area: thirty (30) spaces plus one (1) space for each one hundred (100) square feet in excess of four thousand (4,000) square feet.

4.

Drive-in restaurant (no indoor service): one (1) space for each employee on the maximum shift plus such other parking as determined by the City.

e.

Retail stores that handle only bulky merchandise such as furniture, household appliances, motor vehicles, farm implements and machinery—one (1) space for each six hundred (600) square feet of floor area.

f.

Service commercial establishments, repair shops and wholesale establishments—-one (1) space for each six hundred (600) square feet of floor space plus one (1) space for each two (2) employees.

g.

Commercial and industrial uses conducted primarily outside of buildings—one (1) space for each two (2) employees of the maximum working shift plus one (1) space for each three hundred (300) square feet of enclosed office or sales area.

h.

Manufacturing plants and other industrial uses—One (1) space for each two (2) employees of the maximum working shift, plus one (1) space for each three hundred (300) square feet of enclosed office or sales area.

4.

Utility Uses:

a.

Electric distribution or transmission substations, gas regulator stations, public utility pumping stations, reservoirs, water or gas storage tank farms, sewage treatment plants and other public utility buildings and uses—one (1) space for each three (3) employees of the maximum working shift, plus one (1) space for each company vehicle stored on site. Where such facility is unmanned, no spaces need be provided.

5.

Health Uses:

a.

Medical and dental offices or clinics, including but not limited to chiropractors, dentists, doctors, physical therapists, optometrists, psychiatrists, and similar professions—three (3) spaces for each practitioner, plus one (1) space for each employee; or one (1) space for each two hundred (200) square feet of floor area, whichever is greater.

b.

Rest homes, nursing homes, convalescent homes, homes for the aged—one (1) space for each employee of the daytime shift, plus one (1) space for each four (4) beds.

c.

Charitable and religious institutions providing sleeping accommodations—one (1) space for each employee and one (1) space for each four (4) beds.

d.

Hospitals—one (1) space for each four (4) beds and one (1) space for each two (2) employees of the maximum working shift, plus one (1) space for each staff doctor.

6.

Places of Assembly:

a.

Auditoriums (except school auditoriums), churches, mortuaries, sports arenas and stadiums, dance halls, social halls, private clubs and lodges—one (1) space for each fifty (50) square feet of floor area used for seating if seats are not fixed, or one (1) space for each five (5) seats. School classrooms associated with a church do not require parking in addition to that required for church seating.

b.

Theaters—one (1) space for each five (5) seats, or one (1) space for each fifty (50) square feet in the main auditorium, whichever provides the greater number of spaces.

c.

Bowling alleys—four (4) spaces for each alley, plus one (1) space for each four (4) seats devoted to restaurant and/or cocktail lounge, plus one (1) space for each employee of the maximum working shift.

d.

Other places of assembly without fixed seats—one (1) space for each fifty (50) square feet of floor area used for assembly, plus one (1) space for each employee of the maximum working shift.

7.

Educational Uses:

a.

Public and private elementary and junior high schools—one (1) space for each employee, including teachers, administrators, and custodians, plus sufficient space for safe and convenient bus loading and unloading of students.

b.

High schools—one (1) space for each employee including teachers, administrators and custodians, plus one (1) space for each ten (10) students enrolled, plus sufficient space for safe and convenient bus loading and unloading of students.

c.

Colleges—one (1) space for each employee including teachers, administrators and custodians, plus one (1) space for each five (5) students enrolled.

d.

Nursery schools—one (1) space for each employee plus sufficient space for safe and convenient loading and unloading of students.

8.

Public Uses:

a.

City, county, special district, state and federal administrative offices—one (1) space for each two (2) employees, plus one (1) space for each one thousand (1,000) square feet of floor area.

b.

Public buildings and grounds other than administrative offices and educational uses—one (1) space for each two (2) employees of the maximum working shift, plus the number of additional spaces required by the Director.

9.

Miscellaneous Uses: For a use not specified in the above parking spaces schedule, the same number of parking spaces shall be provided as are required for the most similar specified use.

10.

Bicycle and Motorcycle Parking.

a.

All commercial, government, and office areas shall provide adequate facilities for bicycle parking at a convenient location at a ratio of one (1) bicycle facility for each ten (10) required parking spaces.

b.

Developments with one hundred (100) or more parking spaces shall provide motorcycle parking at the rate of three (3) spaces per one hundred (100) parking spaces.

H.

Units of Measurement.

1.

For the purposes of this article, "floor space" shall mean that area used for service to the public, including areas used for display or sale of merchandise and areas occupied by fixtures and equipment. It shall not include areas used for storage or administrative offices incidental to a commercial use.

2.

If, in the application of requirements a fractional number is obtained, one (1) parking space shall be provided for a fraction one-half (½) or more, and no parking space shall be required for a fraction of less than one-half (½).

I.

Change in Use—Additions and Enlargements. Whenever there is a change in use or increase in floor area so as create a need for an increase in the number of off-street parking spaces by ten (10) percent or more, such increase in off-street parking facilities shall be provided on the basis of the increased requirements of the new use, or on the basis of the total increase in floor area, or in other units of measurements; provided however, that in case a change in use creates a need for an increase of two (2) or less off-street parking spaces, no additional parking facilities shall be required.

J.

Joint Use. Parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours, or when hours of peak use vary. Request for use of shared parking are subject to the following conditions:

1.

A parking analysis shall be presented demonstrating that substantial conflict will not exist in the principal hours or periods of peak demand for the uses that the joint use is proposed.

2.

Parking facilities designated for joint use should not be located further than three hundred (350) feet from any structure or use served.

3.

A written agreement shall be drawn by the applicant to the satisfaction of the City and executed by all parties concerned assuring the continued availability of the number of stalls designated for joint use.

9-5.2003 - Standards for Off-Street Parking Facilities

Off-street parking facilities shall conform to the following standards:

A.

All parking areas shall have adequate ingress and egress to and from a street or alley. Sufficient room for turning and maneuvering vehicles shall be provided on the site. Bumper rails or other barriers shall be provided where needed for safety or to protect property, as determined by the City.

B.

Entrances and exits to parking lots and other parking facilities shall be provided only at locations approved by the City.

C.

Each parking space shall be not less than twenty (20) feet in length and nine (9) feet in width, exclusive of aisles and access drives, except that up to thirty (30) percent of all spaces may be provided for compact cars with such spaces not less than nine (9) feet in width and sixteen (16) feet in length, and marked for compact cars. Spaces for the handicapped shall meet State standards.

D.

All single-family dwellings shall have a covered off-street parking area of not less than four hundred (400) square feet. Each parking area shall have a width of not less than twenty (20) feet and a depth of not less than twenty (20) feet, exclusive of aisles or drives.

E.

Dwellings, including multi-family dwellings, boarding and lodging houses, fraternities and sororities, shall have all required parking facilities on the same lot or building site.

F.

All garages and carports in an R zone facing a side street shall maintain a minimum setback of twenty (20) feet from property line to face of garage or carport.

G.

Parking lot lighting shall be deflected away from abutting sites so as not to cause annoying glare to such sites.

H.

No commercial repair work or servicing of vehicles shall be conducted on a parking site.

I.

The parking area, aisles and access drives shall be paved and shall be so graded and drained as to dispose of surface water, subject to City standards and the approval of the City Engineer.

A.

A recreational vehicle is defined as any self-propelled motor vehicle licensed for on-street use, nonmotorized vehicle, or those vehicles towed by a motor vehicle, that may include but not be limited to: travel trailers; chassis-mounted campers; motor homes; tent trailers; converted buses; jet skis; wave runners; snowmobiles; boats, ATVs; motocross bikes; work-related trailers; and the like. Any recreational vehicle stored and/or parked on a trailer is considered one (1) recreational vehicle.

B.

Recreational vehicle storage shall mean the keeping for a continuous period of more than seventy-two (72) hours on a residential lot without movement of said vehicle.

C.

Parking of recreational vehicles on a public street shall be subject to Fowler Municipal Code Section 4- 4.204—Parking for More Than 72 Hours.

D.

No recreational vehicle shall be stored in any "R" zone, except to the rear of a required front yard or street side yard setback, within an area enclosed by a solid wall or fence not less than five (5) feet nor more than six (6) feet in height, or within a garage or carport.

E.

All such vehicles and equipment stored or parked shall be in good repair and in good condition. The owner of a recreational vehicle shall not park or store such vehicle in such a manner as to create a dangerous or unsafe condition on the property where parked or stored. The ground under and surrounding any parked recreational vehicle shall be kept free of undergrowth, litter, or debris.

F.

Recreational vehicles shall not be used as an accessory structure as defined in the Zoning Ordinance. No recreational vehicle shall be used for the storage of goods, material, or equipment other than those items required for its intended purpose.

G.

Recreational vehicles are not to be occupied or used for living or sleeping while parked or stored; provided guests of the owner may occupy one (1) recreational vehicle in addition to those permitted herein to be parked on private property only for not more than seven (7) days consecutively or fourteen (14) days in any calendar year.

H.

Recreational vehicles are exempt from these requirements for a maximum of eight (8) hours within any twenty-four-hour period for the purpose of loading and unloading.

I.

Nonresidential Zones.

1.

An operable recreational vehicle may be parked for storage in all nonresidential zones, where the vehicle belongs to the property owner or the property owner provides written permission as follows:

2.

No commercial parking of recreational vehicles is allowed unless otherwise permitted by the underlying zone district.

3.

Parking is permitted inside any enclosed structure that otherwise conforms to the zoning requirements of the particular zone where located.

4.

Parking is permitted outside in a side yard or rear yard, provided the recreational vehicle is not nearer than five (5) feet to the rear lot line.

5.

Parking is permitted only for storage, and any recreational vehicle shall not be used for dwelling purposes; connected to sewer lines, water lines, or electricity except for a temporary connection for maintenance; or used for storage of goods, materials, or equipment other than that considered to be part of the unit.

6.

A recreational vehicle may be parked temporarily anywhere on the premises during loading or unloading or preparing for use.

7.

The recreational vehicle shall not block access or occupy any required parking space.

In connection with every building or part thereof, loading space shall be provided and maintained on the same parcel with such building, as follows:

A.

Having a gross floor area of four thousand (4,000) square feet or less: no requirement.

B.

Having a gross floor area between four thousand one (4,001) and forty thousand (40,000) square feet: at least one (1) off-street loading space.

C.

For uses greater than forty thousand (40,000) square feet: one (1) additional off-street loading space for each thirty thousand (30,000) square feet or major fraction thereof of gross floor area, to a maximum of five (5) loading spaces.

9-5.2006 - Standards for Off-Street Loading Facilities

A.

In addition to new construction, the provisions of this chapter shall also apply to buildings erected or reconstructed after the date of amendment of this ordinance so as to add more than five hundred (500) square feet of usable floor space to the building in the aggregate.

B.

No loading space shall be required with construction of a new building or addition on a lot on which there is an existing lawfully maintained building located so as to prevent the construction of a loading space or access required by the provisions of this chapter.

C.

No building shall be erected or structurally altered so as to reduce any existing space reasonably available for loading and unloading, unless there shall remain upon said lot the loading space required by this chapter.

D.

Every required loading space shall have a minimum length of forty (40) feet, a minimum width of twelve (12) feet, and a minimum vertical clearance of fourteen (14) feet.

E.

On lots less than forty (40) feet in width, the required loading space may be reduced to less than four hundred (400) square feet; provided that in case of such reduction, the required loading space shall extend across the entire width of the lot parallel to the alley line or street line, but need not exceed ten (10) feet in depth.

F.

The required loading space may be within a building.

G.

No off-street loading space shall be required where buildings are served by a public alley.

H.

A loading space may occupy a rear or side yard, except such portion required to be landscaped.

I.

Where a loading area is adjacent to a residential zoning district, loading shall be done only between the hours of 8:00 a.m. and 6:00 p.m., unless the loading area is located not less than one hundred (100) feet from the nearest residential building, or is completely enclosed.

A.

Where any parking lot or area abuts property in any R zone, it shall be separated from such property by a screen fence or wall not less than six (6) feet high; provided that such screen fence or wall shall be fortytwo (42) inches high from the front property line to a depth equal to the required front yard on the abutting R zone property.

B.

At all points along streets or sidewalks (excepting points of access to the parking lot or area), a concrete curb or timber barrier not less than six (6) inches high shall be installed and maintained.

C.

Where any parking lot or area abuts property in any R zone, no lights or reflectors erected on the parking lot shall be permitted to shed light onto the property in such R zone.

The submission of any plan for off-street parking facilities shall be accompanied by a landscape plan as part of the site plan review process. All off-street parking facilities shall conform with the following standards, but not limited to:

A.

A plot plan indication the location of all landscaping shall be submitted for approval.

B.

Not less than five (5) percent of a parking lot comprising up to twenty parking spaces shall be landscaped and continuously maintained.

C.

Not less than ten (10) percent of a parking lot comprising more than twenty parking spaces shall be landscaped and continuously maintained.

D.

Not more than ten (10) consecutive parking stalls shall be allowed without an approved landscaped tree well of twenty (20) square feet or more.

E.

A planting list shall be shown on the required plot plan to obtain a grading permit, or building permit, for the buildings for which the parking lot is provided, which planting list shall give the botanical and common names of the plants to be used, the sizes to be planted, the quantity of each, and the spacing to insure balance and design.

F.

The Director shall approve all landscaping plans within a parking area and shall have the right to require additional landscaping if he deems it necessary to improve the aesthetic character of the project.

Drive-through facilities require special consideration as their design can significantly impact vehicular circulation on a site. The following requirements apply to any use with drive-through facilities:

A.

Each drive-through lane shall be separated from the circulation routes necessary for ingress or egress from the property, or access to any parking space.

B.

Each drive-through lane shall be striped, marked, or otherwise distinctly delineated.

C.

The vehicle stacking capacity of the drive-through facility and the design and location of the ordering and pick-up facilities will be determined by the Director based on appropriate traffic engineering and planning data. The applicant shall submit to the City data addressing the following issues:

1.

Nature of the product or service being offered.

2.

Time required to serve a typical customer.

3.

Peak demand hours.

4.

Anticipated vehicles served.

D.

If parallel to and visible from a public street, the drive-through lane shall be appropriately screened with landscaping or other material so as to visually screen vehicles in the drive-through lane from the public right-of-way.

Where an existing use is expanded, the parking requirements of this article shall apply only to the addition. No existing use shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities, provided, however, that facilities being used for off-street parking and loading at the time of the adoption of this ordinance shall not be reduced to less than the number of spaces or reduced to less than the minimum standards prescribed in this chapter.

No existing off-street parking or loading space provided in compliance with this chapter shall be reduced in capacity or area without sufficient additional capacity or area being provided to comply with the regulations of this article.

ARTICLE 21 - SPECIAL PROVISIONS AND DEVELOPMENT STANDARDS

9-5.21.01 - Addition of Permitted Uses, Uses Permitted by Administrative Approval, or Uses Permitted Subject to a Conditional Use Permit

Upon application or on its own initiative, the Commission may add a use to the list of permitted uses, uses permitted by Administrative Approval, or uses permitted subject to a Conditional Use Permit in any zone district, if the Commission makes the following findings:

A.

That the addition of the use will be in accordance with the purposes of the district in which the use is proposed.

B.

That the use has the same basic characteristics as the uses permitted, uses permitted by administrative approval, or uses permitted subject to a conditional use permit in the district.

C.

That the use will not be detrimental to the public health, safety or welfare.

D.

That the use will not create more traffic, noise, vibration,, glare, unsightliness or any other objectionable influence than the amount normally created by any similar use in the district.

When a use has been added to a list of permitted uses, uses permitted by administrative approval, or uses permitted subject to a conditional use permit, the Director shall compile a list of such uses for reference and such uses shall be added to the text of this ordinance when it is next published.

The provisions of this chapter shall not be construed to limit installation or maintenance of public utility pole lines, pipes, and conduits and mains, or require any use permit therefor.

A.

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.

B.

Roof structures for housing elevators, stairways, tanks, ventilating fans or similar equipment, and fire or parapet walls, skylights, towers, flagpoles, chimneys, antennas, or similar structures may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space.

Multi-family dwellings or group houses may be oriented so as to front or rear upon either side yard. In this case, the following regulations shall apply:

A.

When such dwellings rear upon a side yard, the required width of such side yard shall be increased by five (5) feet. Not less than five (5) feet of the width of the required side yard shall be completely free of structures.

B.

When such dwellings front upon a side yard, the required width of such side yard shall be not less than ten (10) feet.

A.

Accessory structures in Residential Zones shall be incidental to and not alter the residential character of the subject site.

B.

A building permit shall be required for any accessory structure over one-hundred twenty (120) square feet in area.

C.

Accessory structures roof lines or eaves shall not extend into adjacent property.

D.

Attached Structures. Accessory structures constructed less than six (6) feet from the main structure shall:

1.

Be compatible with and made structurally a part of the main structure (e.g., share a common wall with the main structure, rely partially on the main structure for structural support, or be attached via a breezeway to the main structure).

2.

Comply with the requirements applicable to the main structure, including coverage, height, and setbacks.

3.

The roof shall be the same material and pitch as the main structure.

4.

Be compatible with the materials, texture, finish and colors of the main structure.

5.

Accessory structures physically attached to the main structure and not visible from the front lot line shall be exempt from subsections 3 and 4.

E.

Detached Structures. Accessory structures constructed six (6) feet or more from the main structure shall:

1.

Not exceed the allowable site coverage for the zone district.

2.

Not exceed a building plate height of twelve (12) feet and an overall building height of sixteen (16) feet.

3.

Not exceed a maximum of six-hundred (600) square feet.

4.

The roof shall be the same material and pitch as the main structure.

5.

Be compatible with the materials, texture, finish and colors of the main structure.

Not be located any closer to the rear property line than as shown below:

F.

Outdoor fireplaces, playground structures, and structures determined to be similar by the Director shall:

1.

Not be located any closer than four (4) feet from the side property line if located within the rear one-third of a lot.

2.

Not be located any closer than four (4) feet from the rear property line.

3.

Outdoor fireplaces shall not exceed a total height of six (6) feet.

4.

Playground structures shall not exceed a total height of twelve (12) feet.

5.

Such structures shall occupy no more than twenty (20) percent of the length of the required rear yard, measured between side lot lines.

G.

Exceptions:

1.

Subject to an Administrative Approval (Section 9-5.24) accessory buildings or structures may:

i.

Be allowed to exceed a building plate height of twelve (12) feet, but not exceed the overall building height of the main structure.

ii.

Be allowed to exceed six-hundred (600) square feet.

(Ord. No. 2020-06, § 1, 11-17-2020; Ord. No. 2021-06, § 2, 12-7-2021; Ord. No. 2023-04, § 1, 4-18-2023)

9-5.21.06 - Through Lots

A.

On an existing through lot, a front yard shall be provided on each street frontage except where a waiver of access to one of the frontages applies.

B.

The creation of new residential through lots is prohibited.

A.

Stairways, stair landings and balconies may extend into the required front yard not more than three (3) feet, provided that all such structures shall be open, and without roofs, except for lattice type guard railings. Structural supports for stairways and landings may be enclosed.

B.

Fire escapes, required by law, ordinance or regulations of a public agency, may project into any front, side or rear yard not more than four (4) feet.

C.

Depressed ramps or stairways and their supporting structures, designed to permit access to parts of buildings below average ground level, may extend into any required yard not more than forty-two (42) inches.

A.

Uncovered porches, platforms or landing places that do not extend above the level of the first floor of the building, may extend into required yards as follows:

1.

Into front yards not more than six (6) feet;

Into side yards and rear yards not more than five (5) feet.

B.

Lattice type guard railings or walls, of not more than three (3) feet in height, may be installed or constructed on such structures.

C.

Eaves, sills, cornices, belt courses, buttresses or similar architectural features, fireplaces not exceeding eight (8) feet in width, and planting boxes, may extend or project no closer than three (3) feet from the side lot line, and may extend or project into the required front yard not more than three (3) feet.

9-5.21.09 - Fences, Walls, and Hedges

A.

Normal Corner Lots.

1.

Along the side lot line of the street or alley side.

a.

Anywhere within any required front yard area. Fences and walls shall be fifty (50) percent or more open and shall not exceed a maximum height of forty-two (42) inches.

b.

Anywhere along the side lot line measured from the rear lot line to the beginning of the front yard area. Fences and walls shall not exceed six (6) feet in height; provided, however, if a garage or carport is constructed with entrance from the side street, the fence or wall shall not exceed forty-two (42) inches in height from the carport to the front line.

B.

Reverse Corner Lots.

1.

The same height restrictions shall apply as described for normal corner lots.

2.

Hedges, trees and architectural features may be located in front yards and front the side lot lines adjacent to the front yard and along the street side, side yard, from the main structure to the front lot line and to the rear lot line, provided they are maintained in such a manner as not to create a hazard to life or limb to pedestrians or vehicular traffic.

C.

When there is a difference in the ground level between two (2) adjoining lots, the height of any wall or fence constructed along any property line shall be determined by using the level lot line of the highest contiguous lot.

D.

Barbed Wire, Razor Wire, Electrified Fences, and Electrified Security Fences.

1.

The use of barbed wire, razor wire, electrified fencing, or electrified security fencing is prohibited in the City except as authorized in subsections 2 and 3 herein, or unless otherwise required by any law enforcement agency or regulation of the State of California or any agency thereof.

2.

The installation and use of barbed wire or razor wire fencing may be allowed in the M-1 (Light Industrial), M- 2 (Heavy Industrial), and RCO (Resource, Conservation, Public Use, and Open Space) zones upon Administrative Approval, and may be allowed in any commercial zone district subject to the approval of a conditional use permit and any conditions imposed by the planning commission or city council.

3.

Electrified security fencing meeting the definition in Civil Code section 835, and all other electrified fencing of any nature, is prohibited in the City.

(Ord. No. 2019-03, § 2, 8-20-2019)

Where more than fifty (50) percent of the lineal frontage of lots improved with residential buildings within any block is comprised of lots with less than the minimum front yard requirement, then the minimum front yard for other residential buildings in such block shall be reduced to the average of the actual front yards of all of the lots in such block improved with residential buildings; those lots that have front yards of greater depth than the minimum requirement shall be counted as having the minimum requirement.

If any land, right-of-way or easement is taken by eminent domain, or is granted to the condemner under actual threat of suit of eminent domain, the following provisions and exceptions shall apply:

A.

If the lot area is reduced below the minimum requirement, such lot shall be deemed to be a legal substandard lot, and any existing building or structure thereon shall be deemed to be nonconforming.

B.

If a required yard is reduced or eliminated thereby, any affected building or structure shall be deemed nonconforming; provided, however, that such building or structure may be structurally altered or enlarged

as long as such alterations or enlargements comply with all other requirements of the zoning district.

C.

If any required parking space on a lot is reduced or eliminated thereby, the provisions of Chapter 9-5.20 shall not be construed to require the replacement of the required parking space.

Whenever this ordinance requires landscaping, the following standards of design, installation and maintenance shall be observed:

A.

When property is undeveloped at the time landscaping requirements are imposed, all required landscaping shall be provided and maintained prior to the time a main building is occupied or when any open use, other than agricultural, occurs on the property.

B.

All vegetation shall be provided with a permanent source of water by means of on-site water sprinklers or a flood irrigation system. The irrigation plan shall indicate the type of heads, pipe size, valve size, backflow valve and water supply size and source.

C.

Landscaping provided in conjunction with any use requiring a site plan shall be generally designated on the site plan. Prior to the issuance of any building permit, a detailed landscape planting, irrigation, and grading plan (as appropriate) shall be submitted that shall show the location, size, and variety of all plantings, water supply, contours and similar designations as the Director may require.

D.

All vegetation shall be maintained free of physical damage from lack of water, excess chemical fertilizer or other toxic chemical, or disease, and vegetation that shows signs of such damage shall be replaced by the same or similar vegetation of a size and character that will be comparable at full growth.

E.

Landscaping shall be kept free from weeds and litter.

F.

Every property owner or occupant shall be responsible for the maintenance and care of all trees, shrubs, plants, and vegetation in the street right-of-way abutting such property.

G.

Except as otherwise provided by this ordinance, all required yards shall be landscaped. Each commercial and industrial parcel of land or lot shall have a minimum of one (1) medium-sized tree for every four (4)

parking spaces.

H.

Parking Lot Shading. The following provisions shall apply in all P and C districts. For new uses, fifty (50) percent of paved parking lot surfaces shall be shaded by tree canopies within fifteen (15) years of planting. This requirement may be reduced for existing development if it is demonstrated that the constraints of an existing site would make it impossible to meet the normal standard. The requirement for parking lot shading for existing development shall apply if new construction or remodeling results in an addition of two thousand five hundred (2,500) square feet or more. The amount of shading required for existing development shall be determined during the Site Plan Review process but shall be in keeping with the intent of the section.

1.

A "paved parking lot" shall include parking stalls, driveways, and maneuvering areas.

2.

A landscaping plan that details compliance with the Parking Lot Shading standard is required. The plan shall show:

a.

All landscaped areas.

b.

The total area in square feet of the paved parking lot, driveways, and maneuver areas: and the area shaded by tree canopies. A schedule listing total parking area, shaded area, and the percentage of parking area shaded should be included.

c.

A schedule of the specific names of proposed trees and their sizes.

3.

Shaded areas shall be assumed to be only those portions of a paved parking lot directly beneath the shading canopy or drip line.

4.

Any portion of a paved parking lot shaded by a man-made structure shall be subtracted from the area of the parking lot to be shaded.

5.

Trees planted along the perimeter of a lot may be counted as providing shade for the full area of their canopy.

6.

A ten (10) percent minor deviation of the shading standard may be approved by the Director if it is found that the normal standards would impose an undue hardship.

I.

Whenever any person neglects to conform to this ordinance concerning any landscaping or landscaped area, the Director may require upon thirty (30) days' written notice, such compliance. In the event noncompliance continues, the Director may cause work to be done to bring the landscaping or area into compliance. The work and plantings and a lien therefore shall be accomplished as provided for in the Fowler Municipal Code.

(Ord. No. 2022-08, § 3, 10-4-2022)

A.

The purpose of this section is to allow the private installation of dish-type satellite antenna within the City. This section does not apply to small satellite dishes installed by subscription satellite television providers.

B.

Definition. The definition for the term "dish-type satellite antenna" is:

A satellite station consisting of a disc or similar configuration whose purpose is to receive television signals from satellites or other sources, and a low-noise amplifier to magnify television signals.

C.

Residential Installation Criteria. The installation of dish-type antenna may be permitted in all UR, R, and RM districts subject to the following criteria:

1.

Antenna size: Maximum diameter to be twelve (12) feet.

2.

Setbacks:

Rear—15 feet from center of dish

Side—10 feet from center of dish

Street side—15 feet from center of dish

Front—dish must be screened from view if located behind setback front yard area.

Height: Maximum height to be thirteen (13) feet, roof-mounted installations are prohibited.

4.

Number: One (1) dish-type satellite antenna per site. This shall be in addition to normal television and radio antenna.

D.

Commercial Installation Criteria. The installation of dish-type satellite antenna may be permitted in all C and M districts subject to the following criteria:

1.

Installations shall be subject to Site Plan Review.

2.

Installations shall not be permitted within required front and street-side landscape areas.

3.

Installations shall, by location and design, minimize visibility from adjoining properties and right-of-way.

4.

Display of antennas on trailers or at other temporary locations on the site will be considered as open display of merchandise and shall be visually screened.

9-5.21.14 - Recycling Facilities

A.

Permits Required. No person shall permit the placement, construction, or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this section. Recycling facilities may be permitted as set forth in the following table:

Reverse Vending Machine(s) Zones: All Commercial Permit: Administrative Approval

Small Collection Zones: C-3, M-1, M-2 Permit: Admin Approval

Large Collection Zones: C-3, M-1, M-2 Permit: CUP

Light Processing Zones: C-3, M-1, M-2

Permit: CUP

Heavy Processing Zones: M-1, M-2 Permit: CUP

B.

Review Criteria. The Council is hereby empowered to adopt by resolution specific criteria and guidelines for review of applications for recycling facilities.

A.

Service stations that become vacant or cease operation beyond one hundred eighty (180) days shall be required to remove all underground storage tanks, gasoline pumps and pump islands, and remove freestanding canopies. In order to prevent said action, the owner must supply the Director with written verification prior to the 180th day from time operations ceased, that operation of the station will commence within thirty (30) days of the date of the written correspondence. If the service station is to resume operation after one hundred eighty (180) days, a site plan application shall be required to ensure that facilities will be reasonably maintained.

A.

The purpose of this section is to regulate temporary land use activities that may adversely affect the public health, safety and welfare. These provisions apply on both public and private property.

B.

The Director may require submittal of a plot plan showing the layout of the proposed temporary use and other appropriate issues.

C.

The Director shall approve or deny such request and may establish conditions including, but not limited to, hours of operation, parking, signing and lighting, traffic, site improvements, and other measures. The Director also may require a cash deposit or bond to defray costs of cleanup if the applicant fails to leave the property in a satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject district.

D.

An application for a Temporary Use Permit shall be required for the following activities:

1.

Parking lot and sidewalk sales—for businesses located within a C district or the Form-Based Code District.

2.

Outdoor art and craft shows and exhibits—subject to not more than fifteen (15) days of operation or exhibition in any ninety-day period.

3.

Seasonal retail sale of agricultural products raised on the premises, limited to periods of ninety (90) days in a calendar year and when parking and access is provided to the satisfaction of the Director.

4.

Farmers markets—seasonal sale of agricultural products raised off-site when parking and access is provided to the satisfaction of the Director.

5.

Religious, patriotic historic, or similar displays or exhibits—within parking areas, or landscaped areas, subject to not more than fifteen (15) days of display in any ninety-day period for each exhibit.

6.

Christmas tree, pumpkin, or similar sales—subject to the following:

a.

All such uses shall be limited to thirty (30) days of operation per calendar year.

b.

All lighting shall be directed away from and shielded from adjacent residential areas.

7.

Circuses, carnivals, rodeos, pony riding, or similar traveling amusement enterprises—subject to the following:

a.

All such uses shall be limited to not more than fifteen (15) days, or more than three (3) weekends, of operation in any one hundred eighty-day period. To exceed this time limitation shall require the review and approval of a Conditional Use Permit.

b.

All such activities shall have a minimum setback of one hundred (100) feet from any residential area. This may be waived by the Director if no adverse impacts would result.

c.

Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Director.

d.

Restrooms shall be provided.

e.

Security personnel shall be provided.

f.

Special, designated parking accommodations for workers and support vehicles shall be provided.

g.

Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the Director.

8.

Model homes. Model homes may be used as offices for the first sale of homes within a recorded tract subject to the following conditions:

a.

The sales office may be located in a garage, trailer or dwelling.

b.

Approval shall be for two (2) years or until ninety (90) percent of the development is sold, whichever is less, at which time the sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the Director in one-year increments up to a maximum of four (4) years

c.

A cash deposit or any security determined satisfactory to the City shall be submitted to ensure the restoration or removal of the structure.

d.

Failure to terminate the sales office and restore the structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of the structure.

e.

Street improvements and temporary off-street parking at a rate if two (2) spaces per model shall be provided prior to commencement of sales activities or the display of model homes.

f.

Flags, pennants, or other on-site advertising shall be regulated pursuant to Article 22.

9.

Trailer coaches or mobilehomes—on active construction sites for use as a temporary living quarters for security personnel, or temporary residence of the subject property owner. The following restrictions shall apply:

a.

The Director may approve a temporary trailer for the duration of the construction project or for a specified period, but in no event for more than two (2) years. If exceptional circumstances exist, a one-year extension may be granted, provided that the building permit for the first permanent dwelling or structure on the same site has also been extended.

b.

Installation of trailer coaches may occur only after a valid building permit has been issued.

c.

A recreational vehicle being defined as a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, shall not be permitted pursuant to this section.

d.

Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted.

10.

More than two (2) garage sales in a calendar year at any one (1) address.

11.

Temporary Use of Structures. Temporary uses within a structure that otherwise require a Conditional Use Permit may be processed as an administrative matter by the Director. The Director may, however, refer such application to the Commission for consideration.

a.

Use permits granted pursuant to this section shall be for a fixed period not to exceed thirty (30) days for each temporary use not occupying a structure, including promotional enterprises, or six (6) months for all other uses or structures.

b.

Opening and closing times for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. A security officer may be required for promotional events.

c.

Reasonable time limits for other uses may be set by the Director.

E.

The Director is authorized to review applications and to issue temporary permits, subject to the following conditions:

1.

Appropriate directional signing, barricades, fences or landscaping shall be provided where required.

2.

Off-street parking facilities shall be provided on the site of each temporary use as prescribed by the Director.

3.

Upon termination of the temporary use permit, or abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to their original condition.

4.

Applicants for a temporary use permit shall have all applicable licenses and permits prior to issuance of a conditional use permit.

9-5.21.17 - Garage Conversions

A.

The purpose of this section is to allow, in limited cases, the conversion of garages and carports for living space. Such conversion is acceptable subject to review of off-street parking and compatibility with surrounding development.

B.

Provisions of this section shall only apply in cases as follows:

1.

The site is being used as a single-family detached residence.

2.

That a replacement covered parking area of a minimum of four hundred (400) square feet, with a minimum width of twenty (20) feet, be provided without encroaching on required front or side yard setbacks.

That the area converted shall be used as part of the main dwelling and shall not be used as a separate dwelling unit.

4.

That the area to be converted shall be subject to all applicable building code requirements.

5.

That the site be owner occupied and that such ownership shall have been in effect for a minimum of twelve (12) months prior to approval of a conversion under this ordinance.

C.

All applications for garage or carport conversions shall be subject to administrative approval pursuant to Chapter 9-5.24.

D.

Garage or carport conversions are subject to the following criteria:

1.

The garage door shall be removed from the structure, except when the applicant is retaining one parking stall to a standard width and length that would also be perpendicular with the garage door. The exterior elevation of the conversion shall be compatible in design with the existing dwelling.

2.

Provision for buffering, such as a planter, shall be provided between the converted carport or garage and the remaining parking area.

3.

The remaining parking area shall have a minimum depth of twenty (20) feet from property line with access to be approved by the Director.

A.

The purpose of this section is to provide for the following:

1.

To allow, in limited cases, the operation of bed and breakfast facilities; and

2.

To regulate such operations for the protection of the general health, safety and welfare.

B.

Definition - Bed and Breakfast Inn. A single-family dwelling that is residential in character, containing three (3) to six (6) guest rooms offering overnight accommodations for rent, wherein breakfast is customarily included in the lodging rate.

C.

Process. Applications for bed and breakfasts shall require a Conditional Use Permit pursuant to Article 25.

D.

Development Criteria. Bed and breakfasts are permitted in R, RM, and C-2 zoned areas. The following development criteria shall be met:

1.

All standards of the underlying zoning district shall apply.

2.

One (1) additional off-street parking space shall be provided for each room available for lodging. Tandem parking may not be used to meet this requirement.

3.

The owner of the facility shall reside on site.

4.

No person paying rent for lodging shall occupy a guest room for more than fourteen (14) consecutive nights.

5.

The scale and appearance of the bed and breakfast shall remain primarily residential in character.

6.

One (1) externally lit sign shall be allowed, either wall mounted or freestanding, and shall not exceed six (6) square feet in area. Freestanding signs shall not exceed five (5) feet in height.

7.

Bed and breakfasts shall be operated by the permanent occupants of the premises. No more than two (2) persons not residing on the premises shall be employed. One (1) additional parking space shall be provided for employees.

A.

There shall be a corner cutoff area at all intersecting streets. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or alley.

B.

There shall be a corner cutoff area on each side of a private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than ten (10) feet from the edges of the driveway where it intersects the street or alley right-of-way.

C.

There shall be a corner cutoff area on each side of an alley intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than ten (10) feet from the edges of the alley where it intersects the street or alley right-of-way.

D.

Where, due to an irregular lot shape, a line at a forty-five (45) degree angle does not provide for intersection visibility, such corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty (30) feet from the intersection of the side and front (or rear) property lines and through a point on the side and front (or rear) property lines.

9-5.21.201 - Purpose

A.

It is the purpose of this chapter to allow manufactured homes to be placed on individual lots in the R and RM districts. The manufactured home shall not change the provisions of the existing district, but will provide for permanent manufactured homes under development standards to assure compatibility within the block in the district.

9-5.21.202 - Definitions

A.

"Block" means all property fronting on one (1) side of a street between street intersections, railroad rightsof-way or city boundaries, or terminated by a dead end.

B.

"Manufactured Home" means:

A structure, transportable in one (1) or more sections, that is eight (8) feet or more in width, and at least thirty-two (32) feet in length; and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to required utilities;

2.

A living unit built to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974, constructed after October 1976.

C.

"Site development review" consists of a plot plan and any other information as required on the site plan application form necessary for the evaluation of compatibility of the manufactured home.

D.

"Compatible" means that the manufactured home is capable of being efficiently integrated in the neighborhood without altering the neighborhood's overall appearance.

A.

Permitted Uses. All uses listed as permitted uses in the existing district.

B.

Conditional Uses. All uses listed as conditional uses in the existing district, subject to the approval of a conditional use permit.

C.

Space Between Buildings. The minimum distance between manufactured homes and accessory buildings shall be the same permitted under the existing district.

D.

Signs. No signs shall be permitted except as permitted within the existing district.

E.

Off-Street Parking. Off-street parking shall be provided on-site for each manufactured home lot as required under the existing district.

F.

Fences, Walls, and Hedges. Fences, walls, and hedges shall comply to the same requirements of the existing district.

G.

Buildable Area. The maximum lot coverage shall be as required within the existing district.

H.

Lot Area. The minimum lot area shall be as required within the existing district.

I.

Frontage, Width and Depth of Lot. The minimum frontage, width and depth requirements shall be as required within the existing district.

J.

Not more than one (1) dwelling unit shall be allowed on each lot, except as provided within the existing district, or as otherwise allowed by sections 9-5.21.211, et seq., for Accessory Dwelling Units.

K.

Yard Requirements. Yard requirements shall be the same as required with the existing district.

L.

Building. The maximum height of structures shall be as provided within the existing district.

(Ord. No. 2017-01, § 3, 6-6-2017)

9-5.21.204 - Development Standards and Conditions

A.

Finish Floor Elevation. All manufactured homes shall be installed on a foundation at the same finish floor elevation compatible with existing standards established within the block in the existing district, and complying with all standards of the California Building Code, approved by the Building Official.

B.

Foundations. All manufactured homes shall be installed on a permanent foundation in accordance with City building codes; State of California Housing and Community Development regulations or a foundation designated by an engineer, licensed within the State of California. The approved method of securing the manufactured home to a permanent foundation shall be detailed when submitting plans.

C.

Roof Pitch. All manufactured homes shall have a roof pitch of not less than three-inch vertical rise for each twelve (12) inches of horizontal run, or not less than what is compatible within the block in the existing district.

D.

Roofing Material. All manufactured homes shall have a roof of material customarily used for conventional dwellings, compatible with roofs within the block in the existing district.

E.

Roof Overhang. All manufactured homes shall have a roof overhang compatible with roof overhangs within the block as in the existing district.

F.

Exterior Material. All manufactured homes shall be covered with an exterior material customarily used on conventional dwellings, similar and compatible within the block in the existing district. The exterior covering material shall extend to the ground, except that when a perimeter foundation is used, the exterior covering need not extend below the top of the foundation.

G.

Minimum Width of Manufactured Home. All manufactured homes shall have a minimum width of twenty (20) feet, or be compatible with existing conventional dwellings within the block in the district.

H.

Alterations. The manufactured home shall not have been, or shall not be altered in violation of applicable codes; any manufactured home altered shall not be allowed to be located into the existing district unless certified by the State Department of Housing and Community Development prior to the issuance of a permit by the Building Official.

I.

Certification. All manufactured homes shall be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 USC Section 5401 et seq.).

J.

Residential Use. All manufactured homes shall be occupied only as a single-family, residential unit.

K.

Utility Connections. All manufactured home utility connections shall be installed in a manner applicable to a permanent single-family residential structure in the existing district.

L.

Accessory Buildings. All manufactured home accessory buildings such as detached garages, carports, patios or accessory buildings shall conform to all requirements of the California Building Code or State Department of Housing and Community Development requirements.

M.

Wheels and Axles. All tow bars, wheels and axles shall be removed when the manufactured home is installed on a residential lot, so as to be compatible with structures within the existing district.

N.

Fees. All manufactured homes shall be subject to all fees required for new single-family dwellings as adopted by the City.

O.

Modifications. No modifications shall be granted to a manufactured home unless approved by the State Department of Housing and Community Development and the Building Official for the City.

P.

Site Plan Review. No manufactured home shall be constructed until a site plan has been approved as prescribed in Chapter 9-5.27.

Q.

Permits. Prior to the installation of a manufactured home on a permanent foundation, the owners of the manufactured home or a licensed contractor shall obtain a building permit.

R.

Surrender of Registration. Subsequent to applying for building permits, and prior to occupancy, the owner shall request a certificate of occupancy be issued pursuant to Section 18557(a) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership, and certification of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any manufactured home permanently attached to a foundation must bear a California insignia or federal label, pursuant to Section 18550(b) of the Health and Safety Code.

S.

Appeals. Any decision made by City officials on the compatibility of a manufactured home within a block in any district pursuant to this chapter may be appealed by the applicant or an aggrieved party to the Commission.

9-5.21.21 - Residential Accessory Dwelling Units in Single-Family and Multi-Family Zones 9-5.21.211 - Purpose

This section meets the requirements of State law in providing for Residential Accessory Dwelling Units on lots developed or proposed to be developed with single-family dwellings in single-family and multi-family residential zones, and to meet the special housing needs of extended families.

(Ord. No. 2017-01, § 2, 6-6-2017)

The provisions of this section apply to all lots that are occupied with a single-family dwelling unit and zoned residential. Residential Accessory Dwelling Units do not exceed the allowable density for the lot upon which the Residential Accessory Dwelling Unit is located, and are a residential use that is consistent with the existing general plan and zoning designation for the lot.

(Ord. No. 2017-01, § 2, 6-6-2017)

9-5.21.213 - Definitions

A.

"Accessory Dwelling Unit" ("ADU") is a type of Residential Accessory Dwelling Unit that can be either an attached or detached unit which provides complete independent living facilities for one (1) or more persons. It includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary Single-Family Dwelling Unit is situated. An ADU also includes:

1.

An efficiency unit as defined in Health and Safety Code section 17958.1; and

2.

A manufactured home as defined in Health and Safety Code section 18007.

B.

"Junior Accessory Dwelling Unit" ("JADU") is a type of Residential Accessory Dwelling Unit that is no more than five hundred (500) square feet in size and is contained entirely within an existing primary Single-Family Dwelling Unit. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary Single-Family Dwelling Unit.

(Ord. No. 2017-01, § 2, 6-6-2017)

A building permit shall be granted ministerially for a use to be known as an "Accessory Dwelling Unit" within an existing space including the primary structure, an attached or detached garage, or other accessory structure on the same lot provided all of the following standards are met:

• The ADU meets all building, health and safety codes for the structure;

• It has a separate, independent exterior entrance from the existing primary Single-Family Dwelling Unit; and

• It has sufficient side and rear setbacks for fire safety.

A.

Accessory Structures - General

1.

The ADU is not intended for sale separate from the primary Single-Family Dwelling Unit and may be rented.

2.

The ADU shall have at least three hundred (300) square feet of floor space.

3.

The increased floor area of an attached ADU shall not exceed fifty (50) percent of the existing living area, with a maximum increase in the floor area of one thousand two hundred (1,200) square feet.

4.

The total area of floor space for a detached ADU shall not exceed one thousand two hundred (1,200) square feet.

5.

No setback shall be required for an existing garage that is converted to an ADU; however, a setback of up to five (5) feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.

6.

No fire sprinklers will be required for the ADU if they are not required for the primary residence, in which case, alternative methods for fire protection may be employed.

7.

Where a private sewage disposal system is used, approval by the local health officer may be required.

8.

The ADU shall be a complete, separate independent living unit, with kitchen and bathroom facilities.

9

The ADU shall have a separate entrance located on either the building side or rear and not visible from the street front area.

10.

Only one (1) ADU may be created on a single-family lot.

11.

All ADUs shall clearly be subordinate in size, appearance, and location when compared with the primary Single-Family Dwelling Unit.

12.

Both attached and detached ADUs shall be architecturally compatible, having similar materials and style of construction, with the Primary Dwelling Unit and shall be consistent with the residential neighborhood character.

The ADU together with the primary Single-Family Dwelling Unit shall not cause the lot coverage for the subject site to exceed the lot coverage of the applicable zone district.

14.

The design and size of the ADU shall conform to all applicable health, safety, building, and related codes.

15.

Adequate provisions shall be made for water and sewer service and drainage generated by occupancy of the ADU as determined by the City Engineer and City Building Official. If the ADU is in a detached structure, it shall have separate services for water, sewer, gas, and electric.

16.

The development of the ADU shall be subject to the property development standards for the primary Single-Family Dwelling Unit of the zone district in which the ADU is located.

17.

A primary Single-Family Dwelling Unit shall exist on the site and be occupied prior to or concurrently with occupation of the ADU. The property owner shall reside in either the primary Single-Family Dwelling Unit or the ADU.

B.

Parking

1.

ADU parking is not required in the following instances:

a.

The ADU is located within one-half mile of public transit, including transit stations and bus stations.

b.

The ADU is located within an architecturally and historically significant area.

c.

The ADU is part of an existing primary residence or an existing accessory structure.

2.

When a garage, carport, or covered parking structure is demolished or converted to accommodate an ADU, and the Director requires replacement parking, any such parking may be located in any configuration on the same lot as the ADU.

Where parking is required, one (1) parking space for the ADU shall be available for use by the occupants of the ADU. Off-street parking spaces shall be in conformance with applicable City standards.

4.

Off-street parking shall be permitted in setback areas in locations determined by the Director or through tandem parking, unless specific findings are made that such parking is not feasible because of specific site or regional topographic or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.

(Ord. No. 2017-01, § 2, 6-6-2017)

A building permit shall be granted ministerially for a use to be known as a "Junior Accessory Dwelling Unit" within an existing primary Single-Family Dwelling Unit if the following general conditions are met.

A.

Conditions

1.

Only one ADU or JADU may be located on any residentially zoned lot that permits a single-family dwelling, except as otherwise regulated or restricted by an adopted Master Plan or Precise Development Plan. A JADU may only be located on a lot that already contains a single-family primary Single-Family Dwelling Unit.

2.

The owner of the parcel proposed for a JADU shall occupy as a principal residence either the primary Single-Family Dwelling Unit or the JADU, except when the home is held by an agency such as a land trust or housing organization as part of a plan to create affordable housing.

3.

A JADU shall not be sold independently of the primary Single-Family Dwelling Unit on the parcel.

4.

A deed restriction, as described in section B below, shall be recorded against the parcel and shall run with the land.

5.

A JADU must be created within the existing walls of a primary Single-Family Dwelling Unit and must include conversion of an existing bedroom.

6.

A JADU shall be a maximum unit size of five hundred (500) square feet of floor space.

7.

A separate exterior entry shall be provided to serve a JADU located on either the building side or rear and not visible from the street front area.

8.

The interior connection to the living area in the primary Single-Family Dwelling Unit must be maintained, but a second door may be added for sound attenuation or privacy.

9.

The JADU shall include an efficiency kitchen, including and limited to:

a.

A sink with a maximum waste line diameter of one-and-a-half (1.5) inches;

b.

A cooking facility with appliance(s) that do(es) not require electrical service greater than one-hundredtwenty (120) volts, or natural or propane gas; and

c.

A food preparation counter and storage cabinets that are reasonable in size relative to the size of the unit.

10.

No additional setback shall be required for a JADU proposed to be constructed in a primary Single-Family Dwelling Unit.

11.

No additional parking is required beyond that required for the primary Single-Family Dwelling Unit.

B.

Deed Restriction: Prior to obtaining a building permit for a JADU, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder's Office, which shall include the restrictions and limitations set out herein. The deed restriction shall run with the land and shall be binding on any future owners, heirs or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that:

1.

The JADU shall not be sold separately from the primary Single-Family Dwelling Unit;

2.

The JADU is restricted to the maximum size of five hundred (500) square feet of floor space;

3.

The JADU shall be considered legal only so long as the owner of record of the property occupies either the primary Single-Family Dwelling Unit or the JADU, unless the home is owned by an agency such as a land trust or housing organization as part of a plan to create affordable housing; and

4.

The restrictions shall be binding upon any successor in ownership of the property and failure to comply with this provision may result in legal action against the property owner, including revocation of any right to maintain a JADU on the property.

(Ord. No. 2017-01, § 2, 6-6-2017)

Applications for permits for Residential Accessory Dwelling Units shall be filed with the Director in accordance with the following procedures:

A.

Applications for permits for Residential Accessory Dwelling Units shall be filed by the owner or owners of the property. If submitted by the owner's agent, the application shall be accompanied by written evidence of the agent's authority to submit the application and bind the owner to the terms of this Article.

B.

Such applications shall include the following:

1.

The address and assessor's parcel number for the property and, if necessary to process the application, a legal description.

2.

Documentation of ownership.

3.

Consent by the property owner to physical inspection of the premises.

4.

A statement that the owner will occupy one of the dwelling units on the premises.

5.

The size, indicating dimensions and square footage of the primary Single-Family Dwelling Unit and the proposed Residential Accessory Dwelling Unit.

6.

Location and description of water and sanitary services for both the primary Single-Family Dwelling Unit and the proposed Residential Accessory Dwelling Unit.

7.

A written description of the manner in which the Residential Accessory Dwelling Unit will be established. For example:

• Conversion of a garage or other portion of the existing primary Single-Family Dwelling Unit.

• Addition of a separate unit to the existing primary Single-Family Dwelling Unit.

• Creation of a detached structure in addition to the existing primary Single-Family Dwelling Unit.

8.

An accurate scale drawing of the site with property lines, required parking spaces, and driveways, showing:

a.

A north arrow.

b.

Lot dimensions and labels for all property lines.

c.

Siting of the primary Single-Family Dwelling Unit and the proposed Residential Accessory Dwelling Unit.

d.

Floor plans of the primary Single-Family Dwelling Unit and the proposed Residential Accessory Dwelling Unit.

e.

All other existing improvements.

f.

Exterior design, including architectural features of the primary Single-Family Dwelling Unit and the proposed Residential Accessory Dwelling Unit.

g.

Any other information the Director deems necessary to review the application.

C.

The application shall be accompanied by a fee established by the Director or Resolution of the Council in an amount sufficient to cover the City's costs for processing the application and ensuring compliance with this chapter.

D.

Residential Accessory Dwelling Units shall be permitted ministerially, in compliance with this chapter within one hundred twenty (120) days of application. The Director shall issue a building permit or zoning certificate to establish a Residential Accessory Dwelling Unit if all applicable requirements are met.

(Ord. No. 2017-01, § 2, 6-6-2017)

Residential Accessory Dwelling Units may be allowed in any residential zone district subject to the normal requirements of the district. Residential Accessory Dwelling Units shall not be allowed in nonresidential zone districts where residential uses are not permitted.

(Ord. No. 2017-01, § 2, 6-6-2017)

Notwithstanding the provisions of this section, where the existing primary Single-Family Dwelling Unit constitutes a legal nonconforming building or use, a Residential Accessory Dwelling Unit may be constructed only if the nonconformity is not expanded in any manner and the Residential Accessory Dwelling Unit meets all current applicable zone district standards.

(Ord. No. 2017-01, § 2, 6-6-2017)

A home occupation shall be considered the offering of a service or conduct of a business, or handicraft manufacture of products within a lawful dwelling that is clearly incidental to the use of the structure for residential purposes, and that does not change the character of the residential use.

A.

A home occupation shall be permitted by issuance of a home occupation permit by the Director and no business license shall be issued beforehand.

B.

Except as provided in Section 9-5.21.232, home occupation permits shall be processed as an administrative matter and no public hearing shall be required.

C.

A home occupation shall be clearly incidental to the use of a structure as a dwelling.

D.

A home occupation shall not be conducted in an accessory structure. There shall be no storage or display of equipment or products in an accessory structure or outside the dwelling.

E.

There shall be no sign of any nature identifying the home occupation.

F.

No person, other than a resident of the dwelling, shall be employed or subcontracted on the premises in the conduct of a home occupation.

G.

No commercial vehicles in excess of one-ton capacity shall be used to deliver materials to or remove materials from the premises.

H.

Not more than one (1) vehicle of not more than one-ton capacity used in connection with the home occupation shall be kept on the site. Any trailer, wheeled equipment, or any vehicle displaying or advertising the home occupation shall not be visible from off the premises.

I.

There shall be no external alteration of appearances of the dwelling in which the home occupation is conducted that would reflect the existence of said home occupation.

J.

No equipment or process shall be used that creates noise, vibration, glare, fumes, or odor detectable to the normal senses off the lot if the occupation is conducted in a single-family, detached residence, or outside the dwelling unit if conducted in other than a single-family detached residence. No equipment or process shall be used that creates visual or audible electrical interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises.

K.

The home occupation shall not involve the storage or use of pesticides.

L.

The home occupation shall not require additional off-street parking space. Required covered or uncovered parking shall not be used for conducting home occupations.

M.

No home occupation shall be conducted between the hours of 11:00 p.m. and 8:00 a.m.

N.

Sales of goods on the premises shall be limited to the products of the home occupation, and no other merchandise or goods shall be sold, kept or displayed for the purpose of sale on the premises.

O.

The patronage of a home occupation shall not exceed eight (8) patrons or customers for any calendar day.

P.

Additional requirements or conditions may be added as deemed necessary by the Director.

A.

For home occupations that are potentially disruptive or that propose deviations to the standards contained in this chapter, the Director may require approval of a Conditional Use Permit subject to the requirements of Chapter 9-5.25.

A.

Applications for home occupation permits shall be filed with the City. Such applications shall include the following:

1.

The address and assessor's parcel number for the property.

2.

Consent to physical inspection of the premises as required.

3.

A written description of the proposed home occupation.

4.

Any other information the Director deems necessary in order to review the application.

B.

The application shall be accompanied by a fee established by the Director or Resolution of the Council.

C.

Within ten (10) days after the formal acceptance of a completed application, the Director shall approve or deny the application, or require approval of a Conditional Use Permit in accordance with Section 9-

5.21.232 above.

A.

A home occupation permit shall be revoked by the Director upon violation of any condition or regulation, or any limitation of any permit issued, unless such violation is corrected within ten (10) days of notice of such violation. Any permit may be revoked for repeated violations.

B.

In the event of denial or revocation of a home occupation subject to a Conditional Use Permit, an appeal may be made in writing to the Commission in accordance with Chapter 9-5.25.

"Garage Sale" is defined as a sale conducted by any person or persons of household furnishings, goods, or other tangible personal property, conducted in a noncommercial garage, yard, patio, driveway, or on any portion of the premises of a residential property.

A.

It is unlawful for any person, co-partnership, club or association to conduct a sale without having secured a permit for such sale.

B.

The permit shall be posted in a conspicuous place on the premises, outdoors, or at the front entrance to the garage, patio, or yard.

C.

The permit fee schedule shall be as follows:

1.

First three (3) times during calendar year, permit required (no fee);

2.

More than three (3), permit fee as set by Council.

Sales shall only be located on property that is used for residential purposes. Church rummage sales shall be located on the church property.

There shall not be more than three (3) sales allowed per calendar year at any one (1) address, unless a temporary use permit is approved by the Director in accordance with Article 21.

Signs advertising a garage sale shall be located on the property only and individual signs shall not exceed three (3) square feet; total signs shall not exceed nine (9) square feet in the aggregate, and shall not be placed so as to block vehicular or pedestrian views from adjoining properties. Posting of signs shall be only during the time of sale.

No sale shall last more than three (3) days. No sale shall start before 6:00 a.m. or continue after 8:00 p.m.

A.

The conducting of any garage, patio, or yard, sale without a valid permit shall be considered an infraction.

B.

Each day of such sale without a valid permit constitutes a separate offense.

It is the purpose of this chapter to provide guidelines and criteria for mobilehome parks, to insure their compatibility with other uses, and to establish rules and regulations pertaining to their development.

No mobilehome shall be used for living or sleeping purposes, or be parked, other than in a mobilehome sales yard or in an approved storage area, unless it is located within a licensed mobilehome park; provided that a mobilehome may also be used as follows: as an office for a construction project; as a residence of a watchman on the site of a construction project or an industrial use; or to provide temporary living or office quarters; or as a single-family dwelling when set on a permanent foundation within any R or RM district.

Mobilehome parks require the same considerations in their location as do multi-family dwellings under policies of the General Plan. Mobilehome parks shall be located only within RM Districts.

Application for a mobilehome park shall require a Conditional Use Permit subject to the provisions of Article 25.

A.

Site Area and Density.

1.

The site shall contain a minimum of two (2) acres. The first phase of a mobilehome development shall be not less than two (2) acres and shall include all required recreational and service amenities.

2.

The maximum number of mobilehome lots per gross acre shall not exceed eight (8).

B.

Lot Area and Width. Every individual mobilehome space for single units shall have a minimum lot area of two thousand eight hundred (2,800) square feet and a minimum lot width of twenty-five (25) feet. Every individual mobilehome space of expandable or double wide units shall have a minimum lot area of three thousand two hundred (3,200) square feet and a minimum lot width of thirty-five (35) feet.

C.

Lot Coverage. No more than seventy-five (75) percent of any mobilehome lot shall be covered by the mobilehome, parking area, covered patio area and accessory buildings.

D.

Clearances, Setbacks, and Yard Spaces.

1.

Mobilehome Park:

2.

Mobilehome sites within the park:

3.

No mobilehome shall be located in any required yard space, except that tow bars may extend into such yard space.

E.

Patios and Pads.

1.

Each mobilehome site shall have a hard surfaced patio area of not less than two hundred (200) square feet. A permanent porch greater than twenty (20) square feet in area may be counted as part of the required patio area.

2.

Each mobilehome site shall have a support pad of concrete laid over a compacted surface base that, in combination, will be adequate to support the mobilehome on a level plane.

F.

Parking.

1.

Not less than two (2) off-street parking spaces shall be provided within each mobilehome site, one (1) of which may be tandem to the other.

2.

Not less than two (2) guest parking spaces shall be provided for each mobilehome site at a location central to each five (5) contiguous mobilehome sites.

3.

Parking shall be provided for central recreation buildings, park offices and other similar buildings at a ratio of one (1) parking space for each four hundred (400) square feet of gross floor space.

4.

Centralized storage areas shall be provided for recreational vehicles and boats, at a minimum of one (1) space per five (5) mobilehome spaces. Individual storage spaces shall measure not less than ten (10) feet by thirty (30) feet, and shall have direct access to a driveway with minimum width of twenty (20) feet.

5.

Storage areas shall be paved and drained in order to be usable year round and shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences, or other comparable

screening devices six (6) feet in height.

G.

Recreation Areas and Pedestrian Ways.

1.

Common recreation area in an aggregate total equal to five (5) percent of the gross area of the mobilehome park shall be provided at a location or locations that are easily accessible and convenient to park residents.

2.

Recreation areas shall be landscaped and maintained with all landscaped areas to be irrigated by an automatic underground sprinkler system.

3.

Pedestrian ways shall be provided within the mobilehome park connecting residential areas with common recreation areas and public streets.

4.

The calculation of common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas, and parking areas.

H.

Utility Installation.

1.

Utility lines shall be placed underground.

2.

Each mobilehome space and all interior roads shall be lighted for the safety and convenience of persons using the premises.

3.

All connections for each mobilehome shall be placed at the rear of the mobilehome space.

I.

Signs. Signs for a mobilehome park shall comply with the provisions of Chapter 9-5.23.

J.

Internal Streets.

All internal streets within a mobilehome park shall have a minimum width of twenty-five (25) feet.

2.

Street parking shall be as determined through the Conditional Use Permit process.

3.

No direct access shall be allowed from a public street to any mobilehome lot. Each mobilehome lot shall have direct access only onto a paved interior street with a right-of-way width of not less than twenty-five (25) feet.

K.

Landscaping and Screening. Mobilehome parks shall provide permanently maintained landscaped areas and site screening as follows:

1.

A minimum twenty-foot landscaped border along the entire street frontage yard area and along the side and rear yards if such yards are adjacent to a public street.

2.

Decorative masonry wall six (6) feet in height along all side and rear property lines which do not abut a public street.

3.

Decorative masonry wall six (6) feet in height along street side yard and street front yard setback lines.

4.

Required masonry walls abutting a public street shall consider openings for pedestrian access.

L.

Other Facilities Required: Each mobilehome park shall provide the following additional facilities:

1.

A laundry building for clothes washing and drying.

2.

Trash enclosures shall be developed to City standard specifications.

M.

Placement and Sales of Mobilehomes:

At the time of placement on the site, all mobilehomes shall be fitted with appropriate skirts to obscure stands, pads, and under-carriage equipment.

2.

Mobilehomes may be displayed and sold within a mobilehome park provided that such mobilehomes are not sold for delivery to any location other than within the park and that all mobilehomes are placed on mobilehome sites and connected to all utility services. No more than four (4) mobilehomes shall be offered for sale at any one time, and advertising for such sale shall be limited to one (1) non-illuminated sign not exceeding four (4) square feet in area on the site of each mobilehome offered for sale.

Mural shall mean a display or picture painted directly on an exterior wall of a structure, designed as a decorative or ornamental feature. A mural may not contain text, registered trademarks, logos, or business advertising (except as deemed appropriate within the context of the mural).

A.

Applications for a mural permit shall be filed with the City. Such applications shall include the following:

1.

The address and assessor's parcel number for the property.

2.

Written consent of the property owner or authorized representative.

3.

A description of the proposed mural, both in written and picture/design form.

4.

Any other information the Director deems necessary in order to review the application.

B.

The application shall be accompanied by a fee established by the Director or Resolution of the Council.

A.

The placement of a mural shall be subject to Administrative Approval in accordance with Article 24 of the Zoning Ordinance.

B.

The Development Review Committee shall review all mural plans and make a recommendation to the Director in accordance with Article 16 of this ordinance.

C.

At the discretion of the Director, the mural may be presented to the Council for approval.

A.

Murals shall be allowed according to the provisions of this section in the C-1, C-2, C-3, C-H, and Downtown Form-Based Code zone districts.

A.

In appraising the effects and relationships mentioned herein, the Director shall in all cases consider the factors of architectural style, design, materials, color, and any other pertinent factors.

B.

Consideration shall be given to the following:

1.

Compatibility of the design with the immediate environment of the site.

2.

Appropriateness of the design and size to the function of the site.

3.

Appropriateness of the design as a public work of art. The design may portray, but not be limited to, cultural, historical, or scenic subjects.

C.

Murals shall be subject to review by the Public Works Director and the Building Official for the purpose of insuring that construction of such displays will not pose a hazard to public health, safety, or welfare.

D.

The Director shall examine every two (2) years all murals approved under this ordinance and make a report to the Commission on their condition with recommendations for care and maintenance.

A.

Mobile food vending vehicle means a vehicle from which food products are sold directly to the public mobile food vending vehicles do not include vehicles used for the pickup or delivery of food products to commercial businesses or food processing plants

B.

Except as provided herein, no person shall stop, stand or park any mobile food vending vehicle at any location within the City for more than fifteen (15) minutes in any twenty-four-hour period during which time such vehicle is open and/or engaged in food vending operations at such location. For purposes of this section, location includes any site within three hundred (300) feet of such location.

C.

Mobile food vending vehicles may engage in food vending operations for more than fifteen (15) minutes per day on the premises of operating businesses including construction and public agency sites provided: (1) There is at least two (2) hours between food vending operations; and (2) food vending operations do not exceed fifteen (15) minutes at any one time. This provision shall not be construed to allow mobile food vending vehicles to engage in food vending operations on vacant lots.

D.

The closure or stoppage of operations of a mobile food vending vehicle while at a location shall not extend the time during which the mobile food vending may stop, park or stand at such location.

E.

Nothing in this section shall be deemed to mean that mobile food vending vehicles are authorized to conduct operations on any property (other than a public right-of-way) without the permission of the property owner or inconsistent with land use ordinances of the City.

F.

No person shall operate a mobile food vending vehicle in the City without a permit to operate such vehicle issued by the City Clerk and without a valid business license.

1.

To obtain a permit, the applicant shall provide to the City Clerk at least ten (10) days before the desired date to start operations the following: (1) Proof that the applicant has a current and valid business license or, for new applicants, a completed business license application and that the applicant has paid the business license fees; (2) evidence that the applicant and the mobile food vending vehicle are properly licensed to sell food products by the Fresno County Department of Community Health in accordance with all County and State requirements; (3) evidence that the vehicle has been inspected by the Fresno County Department of Community Health Consumer Food Protection Office and the Fowler Police Department; (4) proof of insurance coverage in accordance with City requirements; (5) a list of all locations operating business premises at the which the operator seeks to conduct mobile food vending operations for more than fifteen (15) minutes per day; and (6) evidence that the applicant has the permission of the operating business at which he/she seeks to conduct mobile food vending operations for more than fifteen (15) minutes per day.

2.

Accompanying the application shall be a fee in the amount of $60.00 for processing the application and ensuring compliance with the permit and this section.

3.

The permit shall specifically describe all locations other than public rights-of-way at which the mobile vending vehicle is permitted to conduct operations for more than fifteen (15) minutes per day.

4.

The permit shall automatically expire on January 31 of the following year unless renewed by the applicant prior to that time. Renewal shall be in accordance with the procedures for initially obtaining the permit.

G.

Mobile food vending vehicles shall not conduct operations at the following locations: (1) Within ten (10) feet of a perpendicular line drawn from the curb to a doorway or entry opening of a building; (2) within twenty (20) feet of any driveway; (3) within twenty (20) feet of any crosswalk; (4) within twenty (20) feet of the intersection of property lines at a street corner; (5) within twenty (20) feet of an alley approach; (6) within twenty (20) feet of any residential building; and (7) within one hundred fifty (150) feet of any public or private school.

H.

The operators of mobile food vending vehicles shall clean the area within fifty (50) feet of any spot at which they conduct food sales operations and shall pick up and remove all trash within such area before moving to a new location.

I.

Mobile food vending vehicles shall be operated consistent with all Fresno County Department of Community Health requirements and state laws and regulations applicable to such operations.

J.

The City Manager upon consultation with the City Planner/Code Enforcement Officer and the City Engineer may adopt additional conditions upon the operations of mobile food vending vehicles in order to protect the public health safety and welfare of the citizens of Fowler. If such conditions are adopted, those conditions shall be deemed part of the permit.

K.

Mobile food vending vehicle permits shall be subject to revocation by the City Clerk for violation of any of the requirements of the permit or this section.

L.

Any person may appeal a decision of the City Clerk to grant or revoke a permit to operate a mobile food vending vehicle by filing a written notice of appeal with the City Manager within fifteen (15) days after notification of the City Clerk action. The notice of appeal shall specify in writing all grounds for the appeal. The appeal hearing shall be conducted by the Planning Commission within thirty (30) days after the filing of the notice of appeal. The decision of the Planning Commission may be appealed to the City Council at which time the appeal shall be heard within thirty (30) days.