Article 4 — PROCEDURES

This chapter governs requirements for making applications, giving notice, conducting hearings and exercising rights granted by various permits issued under this chapter. The provisions of this chapter are directory only, and failure to follow the procedural requirements set forth herein shall not invalidate any action taken in the absence of a clear showing of prejudice.

A.

The Commission shall hear and decide the following:

1.

Conditional use permits;

2.

Variances;

3.

Site Plan Review when referred to the Commission by the Director;

4.

Appeals from administrative acts where it is alleged by the appellant that there is an error in requirements, permits, or determinations made by an administrative official.

B.

In the above matters, the decision of the Commission may be appealed to the Council according to the provisions of Section 9-5.418.

C.

The decision of the Commission shall be final if no appeal is filed within the time allotted for such appeal. If an appeal is filed, the decision of the Commission shall be stayed pending determination of the appeal or its withdrawal by the appellant.

D.

Until the decision of the Commission or Council has become final, no permit or license shall be issued for any use dependent on the appealed matter.

A.

All applications for entitlements shall be filed in the planning office on forms provided by the City.

B.

An application related to a specific property may be made by the owner of the property or by a lessee or an agent with the written consent of the owner.

C.

The Council or Commission may initiate an application for any entitlement provided for in this chapter.

A.

The Council by resolution shall establish or change the filing fees for entitlements requested pursuant to this chapter. Filing fees shall be for the purpose of defraying, in part, the expense of staff, posting, public hearings or other costs incidental to the proceedings.

B.

Applicants who appeal decisions of the Commission to the Council shall be charged an appropriate fee as determined by the Council to cover costs of the appeal process.

A.

If an application for zoning has been denied by the Council, or if an application for a conditional use permit has been denied by the Commission or Council, no new application for substantially the same zoning or conditional use permit shall be resubmitted for a period of one (1) year from the effective date of the final denial unless the Commission or Council, for good cause, specifically grants permission to do so.

B.

An application for the same variance, once denied, may not be resubmitted unless the Commission or Council, for good cause, specifically grants permission to do so.

C.

An application for the same use permitted by administrative approval, once denied, may not be resubmitted unless the Commission or Council, for good cause, specifically grants permission to do so.

D.

The Commission or the Council may initiate a resubmittal for any entitlement provided for in this chapter without restriction by this section.

9-5.406 - Notice—Rezonings and Quasi-Judicial Matters

A.

Except as provided in Section 9-5.407, when a public hearing is required to consider a pre-zoning, rezoning, use permit, or variance, or whenever a provision of this chapter so requires by reference to this section, notice shall be given at least ten (10) days prior to the scheduled hearing by at least one (1) publication thereof in a newspaper of general circulation within the City.

B.

Written notice shall be mailed or delivered at least ten (10) days prior to the hearing to the applicant, if any, and to all persons, businesses or other public or private entities shown on the last equalized assessment roll as owning real property within three hundred (300) feet and to the occupants of any property within one hundred (100) feet of the property that is the subject of the application or who have requested notice in writing.

Whenever notice of a hearing under Section 9-5.406 would result in mailed notice to more than two hundred fifty (250) persons, notice may be given by a display advertisement of at least one-eighth (⅛) page in a newspaper of general circulation within the area affected by the proposal at least ten (10) days prior to the scheduled hearing. Notice given under this section shall be in lieu of the notice required by Section 9- 5.406.

Notice given under this chapter shall include the following to the extent applicable:

A.

The date, time and place of the hearing;

B.

A general description and/or map of property involved in the proceedings;

C.

A general description of the matter to be considered, including action to be taken;

D.

The environmental determination that has been made of the application;

E.

Appeals or requests for review that may be made;

F.

A statement that any person may appear and be heard;

G.

A statement that any person who challenges the action taken in court may be limited to raising only those issues that person or someone else raised at the public hearing or submitted to the hearing body, in writing, prior to or at the public hearing.

Whenever notice is required to be given by mail, notice shall be deemed given when deposited in the United States mail, postage prepaid and addressed to the intended recipient at the address shown on the latest equalized assessment roll.

Failure of any person to receive notice required to be given by this chapter shall not affect the validity of the hearing or any action taken.

Written findings of fact supporting the decision of the Commission or Council shall be prepared for all decisions on applications for use permits, variances, and any other final decision that constitutes a quasijudicial determination when requested by any interested party at or before the close of the hearing or within a specific review period.

A.

A decision not requiring adoption of findings of fact shall be final when made. A decision requiring adoption of findings of fact shall be final when the findings of fact are adopted.

B.

All decisions made pursuant to this chapter shall become effective upon the eleventh day after the decision is final, unless an appeal or other request for review is made in a timely manner, as provided in this chapter.

No permit, certificate or other entitlement shall be issued or exercised while such permit, certificate or other entitlement is the subject of a hearing then pending or of an appeal or other request for review of the decision granting the permit, certificate or entitlement.

A.

All rights granted by a use permit, variance, or administrative approval shall expire and the permit, variance, or approval shall be null and void if not exercised within the time specified in the approval or, if no time is specified, within one (1) year of the effective date of approval.

B.

A right granted by a use permit, variance, or administrative approval requiring a building permit shall be deemed exercised when the permit has been secured, continuous on-site construction has commenced such as pouring a foundation, installation of utilities or other similar improvements, and the construction is being diligently pursued. Grading does not constitute construction activity.

C.

A right not requiring a building permit shall be deemed exercised when the activity permitted has commenced to the extent authorized.

Upon a showing of good cause by the applicant prior to expiration of the approval of the use permit, variance, or administrative approval, the Commission may grant an extension of time within which to exercise the rights granted.

Any use permit, variance, or administrative approval shall expire and become null and void when the use permitted by the use permit or variance is discontinued for a continuous period of one (1) year. The nonrenewal of a business license establishes a presumption that the activity for which it was issued has been discontinued.

A.

Any use permit, variance, or administrative approval granted pursuant to this chapter may be revoked.

1.

If any of the conditions of such permit are violated; or

2.

If the use or its operation violates any applicable provision of the Fowler Municipal Code, or any state or federal law; or

3.

If in granting the permit, information was considered that was materially erroneous or misleading, regardless of fault; or

4.

If the use is conducted so as to be detrimental to the public health, safety or welfare, or so as to be a nuisance.

B.

The Commission shall hold a hearing on a proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing. If the Commission finds that any one (1) of the grounds listed above exists, the Commission may revoke the permit, and order the cessation of any use and may further order the removal of any structure thereof that has been permitted by said permit. The decision of the Commission to revoke a permit may be appealed to the Council.

C.

The Commission may determine that there are grounds for the modification of the permit if the grounds that would otherwise justify a revocation can be corrected or cured by a modification imposing new or additional conditions. The decision of the Commission to modify a permit may be appealed to the Council.

A.

Any person aggrieved by a final decision of the Commission may appeal the decision in writing to the Council within ten (10) days of the date the decision is final.

B.

The written appeal shall contain specific reasons for the appeal, including areas in that it is believed the Commission erred in its judgment or did not follow procedures as outlined in this chapter.

A.

Within fifteen (15) days of the date an action by the Commission is final and, in the absence of an appeal being filed, the Council may, on its own motion, order a review of the action by the Council.

B.

The Council may determine by resolution that the public interest and welfare require a further hearing and order a hearing to be conducted by the Council at a time fixed in the resolution. The time fixed for the

hearing shall be within forty (40) days after the Commission's decision was filed with the City Clerk. Notice of such hearing shall be given in the manner set forth in this chapter.

C.

At its hearing, the Council may affirm, modify or reverse the Commission's decision.

The official zoning map may be amended in the manner prescribed herein by changing the boundaries of the districts whenever necessary or convenient to the public health, safety and general welfare.

A.

The Commission shall hold a public hearing on a proposed rezoning or text amendment.

B.

Following the hearing, the Commission shall by resolution make a recommendation to the Council.

A.

Upon receipt of a recommendation from the Commission, the Council shall hold a public hearing on a proposed rezoning or text amendment.

B.

Following the hearing, the Council may approve or modify the proposed rezoning or amendment to the text of this chapter by adoption of an ordinance, or the Council may disapprove the proposal. Any substantial modification proposed by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for its recommendation. Failure of the Commission to report within forty-five (45) days after the referral, or within a time specified by the Council, shall be deemed a recommendation for approval.

C.

The provisions of this section relating to the conduct of a hearing, including noticing, and a recommendation from the Commission, shall not apply to rezonings adopted by emergency ordinance of the Fowler Municipal Code.

The Commission may recommend, and the Council may approve a rezoning with conditions as it finds are reasonably related to the proposal and are necessary or convenient to achieve the purposes of this chapter and the General Plan.

A.

An occupancy use permit shall be duly issued for such use or purpose prior to:

1.

The initial occupancy or use of any new building or structure, or of a building or structure moved to a new site, or of new floor space or other addition to an existing building; or

2.

The change of type or class of use of an existing building; or

3.

A change of use of any unimproved premises, except to a use involving only the tilling of land or growing thereon of farm, garden or orchard products.

ARTICLE 5 - RCO—RESOURCE CONSERVATION, PUBLIC USE, AND OPEN SPACE DISTRICT

The district is intended to provide for permanent open spaces in areas of the community designated as open space, school, ponding basin, or public facility by the General Plan.

All uses shall be subject to the provisions of Article 21.

A.

Any type of field, truck, or orchard crop and horticultural specialties, and the raising of farm animals. The keeping of pigeons shall be in accordance with the definition of "Pigeon" contained in Section 9-5.202 of Article 2 of the Fowler Zoning Ordinance, not to exceed fifty (50) in number.

B.

Flood control facilities; water pump stations; irrigation canals; settling and water conservation recharge basins; drainage ponds; and streets and roads necessary for access to permitted uses.

C.

Parks, playgrounds, and such buildings, structures and facilities as are appropriately related thereto.

D.

Public and private elementary, junior high and high school sites, and college sites.

E.

Public uses of an administrative, public service, or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, police and fire stations, and other public buildings, structures, and facilities; community centers.

F.

The keeping of pigeons, in accordance with the provisions of Section 9-5.202 of Article 2 of the Fowler Zoning Ordinance, not to exceed fifty (50) in number.

(Ord. No. 2011-06, § 3, 11-1-2011)

A.

Incidental and accessory structures, including caretakers' residences and uses located on the same site as a use permitted by administrative approval or conditional use.

B.

Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a nonconforming use that has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than $100.00, and nonconforming fences, walls, and hedges.

Expansion or remodeling to a conditional use that is not considered an incidental or accessory use.

The minimum site area for a permitted use shall be one-half (½) acre.

No limitation.

9-5.510 - Yard Requirements

No limitation.

9-5.511 - Distances Between Structures

The minimum distance between a one-family dwelling and another structure shall be ten (10) feet.

No building or structure shall have a height greater than thirty-five (35) feet, except as may be approved under the provisions of Article 27.

No signs shall be permitted except as prescribed in Article 22.

Off-street parking facilities and off-street loading facilities shall be provided on the site for each use as prescribed in Article 20.

Any structure in a RCO zone in which animals or fowl are contained shall be at least two hundred (200) feet from any lot in any R, RM, or C district, or from any school or institution for human care.

Site Plan Review shall be required for permitted recreation areas, parks and playgrounds, and all administrative and conditional uses pursuant to the provisions of Article 26.