Article 7 — R—ONE FAMILY RESIDENTIAL DISTRICTS

A.

The R Districts are intended primarily to provide living areas at locations designated by the General Plan for Low, Medium Low, and Medium Density, involving single-family dwellings, with regulations designed to accomplish the following:

1.

To promote and encourage a suitable environment for family life.

2.

To provide space for community facilities needed to complement urban residential areas, and for institutions that require a residential environment in accordance with policies of the General Plan and State Law.

B.

To provide for the location of a limited number of two- and three-family dwelling units within certain predominantly single-family areas.

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

A.

One-family dwellings, consisting of not more than one (1) such one-family dwelling per lot.

B.

Accessory structures, located on the same site with a permitted use. See Article 21.

C.

Field, truck, or orchard crops and horticultural specialties, and the raising of livestock, but excluding any structure for the sale of any product, commercial greenhouses, and commercial farming buildings.

D.

Household pets limited to a maximum of four (4) in any combination.

E.

Renting rooms and boarding, provided that not more than two (2) rooms in a dwelling are rented to not more than a total of six (6) persons.

F.

Home occupations subject to the provision of Article 21.

G.

A use legally operating on the effective date of the amendment to the zoning ordinance and no longer listed as "permitted" within the affected district.

H.

Vehicle parking for personal transportation by occupants, their guests and employees, located on the same site; in no case shall a commercial vehicle exceed a weight of six thousand (6,000) pounds.

I.

Swimming pools used solely by persons residing on the site and their guests, provided that no swimming pool shall be located in a required front or side yard; and further provided that all fencing comply with the California Building Code or City standards.

J.

Secondary residential units, subject to the requirements of Article 21.

K.

Small family day care home for up to eight (8) children as defined by Section 1597.44 of the Health and Safety Code.

L.

Supportive housing.

M.

Transitional housing.

(Ord. No. 2011-06, § 5, 11-1-2011; Ord. No. 2015-03, § 2, 5-19-2015)

The following uses shall be permitted, subject to the provisions of Article 24:

A.

Enclosed temporary construction materials storage yards required for development of a subdivision.

B.

Gas and electric transmission lines, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.

C.

Manufactured homes on permanent foundations, subject to the provisions of Article 21.

D.

Single-family dwellings when all street improvements are not yet completed.

E.

Temporary subdivision sales offices, signs, and model homes.

F.

Twenty-four-hour care facilities for foster homes, for a maximum of six (6) individuals in addition to the residing family.

G.

Large family day care home for up to fourteen (14) children as defined by Section 1597.465 of the Health and Safety Code.

H.

Tennis courts, including related fencing over seven (7) feet in height located on the same site as a permitted or conditional use.

I.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use permit.

J.

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

K.

Garage or carport conversions subject to Article 21.

9-5.705 - Uses Permitted Subject to a Conditional Use Permit

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

Public and quasi-public uses of an educational or religious type including schools, nursery schools, private non-profit schools and colleges, churches, and other religious institutions.

B.

Public and private charitable institutions, hospitals, nursing homes, including a state authorized, certified or licensed family care home, foster home or group home serving six (6) or fewer mentally disordered or otherwise handicapped persons, including rehabilitation homes for alcoholics and drug addicts, or dependent and neglected children, where such homes provide care on a twenty-four-hour basis.

C.

Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and

other public buildings, structures and facilities, public playgrounds, parks, and community centers.

D.

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

E.

Planned Unit Developments subject to provisions of Article 28.

F.

Duplexes on corner lots.

G.

Bed and breakfast, subject to the provisions of Article 21.

H.

Country clubs and golf courses.

I.

A second dwelling unit on lots of thirty thousand (30,000) square feet or larger in size. The second dwelling unit shall be subject to all provisions of the underlying zone district, including but not limited to, cumulative lot coverage, space between buildings, parking, and setbacks.

J.

Swimming pools within the required front or side yard.

K.

Day care center.

L.

Senior citizen residential developments.

Fences, walls, and hedges shall be permitted in accordance with the provisions of Chapter 9-5.21 of this ordinance.

The minimum site area shall be as follows:

A.

Lots of record as of the date of the adoption of the ordinance codified in this chapter: no minimum requirement.

B.

Lots of record in any future annexation to the City, and that was not in violation of any county ordinance regulating subdivisions in effect at the time of such annexation: no minimum requirement.

C.

All other lots:

Not more than one (1) dwelling unit shall be allowed on each site, except as provided in Section 9-5.705.I, above and under Article 21.

The maximum site area covered by any and all structures shall be forty (40) percent.

No main building or structure shall have a height greater than two (2) stories or thirty-five (35) feet, except as may be allowed under provisions of Article 27.

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

Two (2) off-street parking spaces shall be provided for each dwelling, one (1) of which shall be enclosed in a garage.

No through lots shall be created after the effective date of this ordinance.

Each site shall have not less than sixty (60) feet of frontage on a public street except that those sites that front on a cul-de-sac or loop-out street may have a frontage of not less than fifty (50) feet provided the width of the site, as measured along the front yard setback line, is at least sixty (60) feet.

The minimum width of each site shall be:

The minimum depth of each site shall be:

Lots facing on major or secondary roadways shall include an on-site turn-around.

A.

The following minimum yards shall apply:

B.

On cul-de-sac lots where the side lot line is perpendicular to the main axis of the street, the minimum front yard shall be no less than fifteen (15) feet along the curved portions of the right-of-way, with an average of twenty-foot setbacks.

C.

On a site between sites improved with buildings where said buildings are set back less than the minimum distance required by this section, the minimum front yard shall be the average depth of the front yards on the improved sites immediately adjoining the side lines of the site.

D.

Non-public utility mechanical equipment shall not be located in the required front yard.

E.

Any mechanical equipment, diving boards, or pool slides, shall not be located less than five (5) feet from an adjoining side or rear property line. This does not apply to fireplaces, fixed pool equipment such as pumps and filters or structures determined to be similar by the Director.

F.

For cul-de-sac lots, the side yard shall be determined by the lot width measured at the front setback line.

G.

Where construction involves more than one (1) story, the minimum five-foot side yard shall be increased by three (3) feet for each additional story provided, however, that the side yard on the street side of a corner lot, that is not a reverse corner lot, need not be greater than five (5) feet.

H.

Garages or carports on the street side yard of a corner lot shall be set back twenty (20) feet from the property line. In all other cases, the garage or carport shall be set back a minimum of twenty (20) feet from the front property line. Where a garage or carport is located with access from an alley, it shall be set back a minimum of ten (10) feet from the alley right-of-way.

I.

All required yards shall be landscaped, except where the required yard is:

1.

Occupied by a sidewalk or driveway; or

2.

Screened from public view by a wall or fence of at least six (6) feet in height.

J.

Where front and corner lot yards are required to be landscaped, medium-sized trees shall be planted at intervals of one (1) per every thirty (30) linear feet of parcel frontage. Yards less than five (5) feet in depth are exempt.

K.

Impervious surfaces in the front or corner lot yard shall be limited to walkways and driveways leading to covered carports, garages, or RV parking locations pursuant to FMC Section 9-5.2004. Exceptions may be allowed subject to Administrative Approval.

(Ord. No. 2020-06, § 2, 11-17-2020; Ord. No. 2022-08, § 2, 10-4-2022)

Single-family residential projects shall be subject to the design review provisions of Article 16.

ARTICLE 8 - RM—MULTI-FAMILY RESIDENTIAL DISTRICTS

The RM Multi-Family Residential Districts are intended primarily for the development of multi-family residential structures at densities consistent with policies of the General Plan as follows.

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

A.

Any use permitted in the R zones.

B.

Multi-family dwellings.

C.

Accessory structures, located on the same site with a permitted use. See Article 21.

D.

Enclosed swimming pools for either non-commercial individual or communal use, including fencing in conformance with the California Building Code or City standards.

E.

Vehicle parking for personal transportation by occupants, their guests and employees, located on the same site; in no case shall a commercial vehicle exceed a weight of six thousand (6,000) pounds.

F.

Small family day care home for up to eight (8) children as defined by Section 1597.44 of the Health and Safety Code.

G.

Supportive housing.

H.

Transitional housing.

(Ord. No. 2015-03, § 3, 5-19-2015)

9-5.804 - Permitted Uses: Administrative Approval

The following uses shall be permitted, subject to the procedures prescribed in Article 24:

A.

Enclosed temporary construction materials storage yards.

B.

Gas and electric transmission lines, electrical transmission and distribution substations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.

C.

Rest homes and nursing homes; boarding or rooming houses.

D.

Twenty-four hour care facilities for foster homes, for a maximum of six (6) individuals in addition to the residing family.

E.

Private clubs and lodges.

F.

Manufactured homes on permanent foundations.

G.

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

H.

Expansion or remodeling of an existing nonconforming use of a structure or land, limited to fifty (50) percent or less of the value of existing structures, or re-establishment 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.

I.

Garage or carport conversions subject to Article 21.

J.

Large family day care home for up to fourteen (14) children as defined by Section 1597.465 of the Health and Safety Code.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

Public and quasi-public uses of an educational or religious type including schools, nursery schools, private non-profit schools and colleges, churches, parsonages, and other religious institutions.

B.

Public and private charitable institutions, hospitals, sanitariums, nursing homes, including a stateauthorized, certified or licensed family care home or group home serving six (6) or fewer mentally disordered or otherwise handicapped persons, including rehabilitation homes for alcoholics and drug addicts, or dependent and neglected children, where such homes provide care on a twenty-four-hour basis.

C.

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

D.

Mobile home parks, in accordance with the provisions of Article 21.

E.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use.

F.

Private clubs and lodges.

G.

Bed and breakfast inns.

H.

Senior citizen residential developments.

I.

Planned Unit Development subject to provisions of Article 28.

J.

Over 21.78 units/gross acre in the RM-3 district.

K.

Day care center.

9-5.806 - Fences, Walls, and Hedges

Fences, walls, and hedges shall be permitted in accordance with the provisions of Article 21.

9-5.807 - Site Area

A.

The minimum area of a lot shall be seven thousand (7,000) square feet; provided, however, that there shall be no minimum lot area requirement in the following cases:

1.

Lots of record as of the date of adoption of this ordinance.

2.

Lots annexed to the City, of record at the time of such annexation, and that were not in violation of any county ordinance regulating subdivisions in effect at the time of annexation.

A.

The minimum site area per dwelling unit shall be:

B.

Where a nonconforming lot in the RM district contains less than four thousand (4,000) square feet, said lot shall be used for no more than one (1) dwelling unit.

A.

Each site shall have not less than fifty (50) feet of frontage on a public street, except that those sites that front on a cul-de-sac may have a frontage of not less than fifty (50) feet provided that the width of the site as measured along the front yard setback line is at least fifty (50) feet. The minimum width of each site shall be fifty (50) feet. The minimum depth of each site shall be one hundred (100) feet.

B.

In order to encourage consolidation of narrow and odd shaped parcels into contemporary building sites, a depth to width ratio exceeding two and one-half to one (2½:1) may be cause for site plan disapproval.

A.

The maximum site area covered by structures shall not exceed fifty-five (55) percent.

A.

Front Yard. The minimum front yard shall be fifteen (15) feet. Any mechanical equipment, including fixed pool equipment such as pumps, filters, diving boards and slides, shall not be located within the front yard or less than five (5) feet from an adjoining side property line.

B.

Rear Yard. The minimum rear yard shall be ten (10) feet. Where construction involves more than one (1) story, the rear yard shall be increased by three (3) feet for each additional story. Where the site abuts an R District, the rear yard shall be increased by ten (10) feet for each additional story.

C.

Side Yards. The minimum side yard shall be five (5) feet, subject to the following conditions:

1.

On a reverse corner lot, the side yard adjoining the street shall be not less than fifteen (15) feet.

2.

On a corner lot, the side yard adjoining a street shall be not less than ten (10) feet.

3.

The side yard shall be increased by three (3) feet for each additional story over one (1) story; provided, however, that the side yard on the street side of a corner lot need not be greater than five (5) feet.

4.

A side yard providing access to more than one (1) unit shall be not less than ten (10) feet.

A.

Minimum distances between buildings used for human habitation shall be:

1.

Between one-story parallel buildings, front to front, fifteen (15) feet. This distance shall be increased three (3) feet for each story of each building in excess of one story.

2.

Between one-story parallel buildings, rear to rear, ten (10) feet. This distance shall be increased three (3) feet for each story of each building in excess of one (1) story.

3.

Between side walls parallel with the front or rear walls of other buildings, ten (10) feet for one-story buildings. This distance shall be increased by three (3) feet for each story of each building in excess of one (1) story.

4.

Between one-story parallel buildings, side to side, ten (10) feet. This distance shall be increased three (3) feet for each story of each building in excess of one (1) story.

5.

In order to provide for obliquely aligned buildings, the distances specified above may be decreased by five (5) feet at one (1) building corner, if increased by an equal or greater distance at the outer corner.

6.

In no event shall the minimum space between buildings be less than ten (10) feet.

B.

Distances between accessory buildings shall be not less than ten (10) feet.

1.

Distances between buildings used for human habitation and accessory buildings shall be not less than fifteen (15) feet.

2.

Distances between parking areas and the front or entrance of a building shall be not less than fifteen (15) feet unless connected.

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

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

9-5.815 - Off-Street Parking

A.

Parking within RM districts shall be provided in accordance with the following schedule:

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

B.

Guest parking—One (1) space per five (5) dwelling units for multi-family dwellings. Such spaces need not be covered but shall be clearly marked as guest parking.

C.

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.

To assure adequate access and circulation, frontage on and access to less than two (2) public streets may be cause for site plan disapproval. Public alley access may qualify as one means of access to a public street.

All multi-family developments shall have landscaping including irrigation, plants, and ground cover. Landscape plans shall be approved by the City prior to occupancy.

On each building site there shall be landscaped and usable recreational and leisure areas of at least one hundred (100) square feet per dwelling unit. Said area shall be conveniently located and accessible to each dwelling unit.

A.

In addition to developed open space and recreation areas, the following areas may contribute to required recreational and leisure areas:

1.

Private balconies and patios. Each square foot of balcony and patio space shall count as two (2) square feet of the requirement up to a maximum of fifty (50) square feet.

B.

Fifty (50) percent of the spaces between buildings, exclusive of required yards, provided that such spaces shall have a minimum dimension of ten (10) feet.

C.

Any yard or space between buildings in excess of that required.

No multi-family use may be established until a site plan has been submitted and approved pursuant to the provisions of Article 26.

Residential projects within RM districts shall be subject to the design review provisions of Article 16.

ARTICLE 9 - P—OFF-STREET PARKING DISTRICT

This Off-Street Parking District is intended to provide for permanent improved parking areas.

A.

A public or private parking area, provided:

1.

Such parking area shall be unroofed and for the temporary parking of automobiles, and shall not be used for the regular storage of vehicles or for a car sales area.

2.

Said area shall be designed, improved, and maintained in accordance with Article 20.

B.

Buildings incidental to the operation of a parking lot, not to exceed one hundred (100) square feet in area, to be used for purposes of maintaining the lot and to contain no provisions for residential or commercial use.

C.

Temporary or permanent telephone booths.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

Parking structures.

B.

Within a parking structure, commercial retail uses as permitted in the C-2 zone district shall be permitted on the ground floor.

A.

Residential uses.

B.

Advertising structures (billboards).

The minimum lot area shall be ten thousand (10,000) square feet.

All lots shall have minimum dimensions of fifty (50) feet.

No parking building or structure shall have a height greater seventy-five (75) feet, except as may be allowed under provisions of Article 27.

A.

Front. None.

B.

Side and Rear. No parking building shall be permitted closer than ten (10) feet from any residential district.

A.

A minimum six-foot high decorative masonry wall, or such other height or type of screening as may be required by the City, shall be erected along the property line or district boundary line to separate the "P" District from any residential district.

B.

Street trees and other forms of landscaping may be required under the provisions of Articles 21 and 26.

Access to off-street parking facilities shall be not less than ten (10) feet in width for each direction of vehicular traffic movement and shall be not less than this width from intersecting or intercepting street or alley rights-of-way.

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

A site plan shall be submitted and approved pursuant to the provisions of Article 26.

All projects within P Districts shall be subject to the design review provisions of Article 16.

ARTICLE 10 - C-1—NEIGHBORHOOD COMMERCIAL DISTRICT

This district is intended primarily for the provision of retail and personal service facilities to satisfy the convenience-goods needs of the consumer relatively close to residential neighborhoods.

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

A.

Retail and service establishments primarily to serve the immediate neighborhood:

1.

Apparel stores;

2.

Art supply stores;

3.

Bakery goods stores;

4.

Banks and other lending agencies;

5.

Barber shops and beauty shops;

6.

Book stores and libraries;

Cafeterias;

8.

Camera shops, photographic supplies, and photography studios;

9.

Candy and confectionery stores;

Carpet stores;

11.

Cleaning agencies (pickup and delivery only);

12.

Cleaning and dyeing shops (retail only, dry cleaning, cleaning clothes in enclosed machines, noninflammable cleaning compounds);

13.

Clinics (medical);

14.

Dairy products sales stores;

15.

Delicatessens;

16.

Drug stores;

17.

Dry goods stores;

18.

Electrical appliance and incidental repair shops;

Florists;

Food lockers (no slaughtering, handling of dressed meats only);

21.

Garden supply stores and nurseries provided all equipment, supplies, and merchandise, other than plants and mulches, shall be kept within completely enclosed buildings or under a lathed structure and provided, further, that fertilizer of any type shall be stored and sold in packaged form only;

22.

Gift shops;

Grocery stores not exceeding ten thousand (10,000) square feet in area;

24.

Hardware stores;

Hobby supply stores;

26.

Ice dispensers (coin-operated);

Locksmiths;

Newsstands and magazine stores;

Offices;

Parking lots;

Pressing, altering, and repairing of wearing apparel;

Radio and television stores and repair shops;

Restaurants and cafes, including outdoor cafes, but excluding the sale of alcoholic beverages;

34.

Shoe repair shops;

35.

Shoe stores;

Soda fountains;

Stationery stores;

Tailors and dressmakers;

Video rentals and sales;

40.

Variety stores, not exceeding ten thousand (10,000) square feet in area;

41.

Other uses added by the Commission according to the procedure set forth in this article;

Incidental and accessory structures and uses on the same site as a permitted use.

(Ord. No. 2013-01, § 1, 9-3-2013; Ord. No. 2020-06, § 3, 11-17-2020)

9-5.1004 - Permitted Uses: Administrative Approval

The following uses shall be permitted, subject to the provisions of Article 24.

1.

City, County, State, and Federal administrative offices, libraries, and police and fire stations;

2.

Electric transmission lines, electric transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and/or elevated pressure tanks;

3.

Public parks and playgrounds, public and quasi-public uses of an educational or religious type, including public and private elementary, junior and senior high schools, colleges, nursery schools, trade schools, and private;

4.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use;

5.

Sidewalk sales and use of the public right-of-way for the display and sales of merchandise, or for outdoor dining;

6.

Murals subject to Article 21;

7.

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 one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

(Ord. No. 2013-01, § 2, 9-3-2013)

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

1.

Any use selling or serving alcohol, including liquor stores;

2.

Automobile supply stores, not including repair or service garages;

3.

Book, magazine, and stationery stores;

Bowling alleys;

5.

Churches and other religious institutions;

6.

Convenience stores, with or without gasoline sales;

7.

Drive-through facilities;

8.

Farmer's markets (permanent) including indoor and outdoor facilities;

9.

Grocery stores exceeding 10,000 square feet in area;

Laundromat, coin-operated laundry, and dry cleaning establishments;

11.

Planned Unit Development subject to provisions of Article 28;

12.

Private clubs and lodges;

13.

Residential dwellings over or to the rear of a permitted use provided such dwellings shall be subject to the use, site area, coverage and yard requirements of the RM-3 district;

14.

Service stations, including service stations as part of a convenience store (gasoline), excluding automotive repair services;

15.

Tobacco stores.

(Ord. No. 2013-01, § 3, 9-3-2013; Ord. No. 2020-06, § 4, 11-17-2020)

9-5.1006 - Screening and Landscaping: Fences, Walls, and Hedges

A.

Where a site adjoins or is located across a street or alley from any residential district, a decorative masonry wall six (6) feet minimum in height, or such other height or type of screening device as may be required by the City shall be located on the property line common to such districts, except in a required front yard.

B.

Open storage of materials and equipment attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six (6) feet minimum in height, except as may be modified under Site Plan Review. Said storage shall not be visible above said fence or wall.

C.

Street trees and other forms of landscaping may be required under the provisions of Articles 21 and 26.

A.

All businesses, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, signs, and public utility stations.

B.

No business dealing in wholesale or used goods or commodities shall be permitted, except in the case of articles taken in trade on sale of new merchandise on the same premises.

C.

No products shall be manufactured unless incident to a permitted use and sold at retail on the same premises.

D.

When any exterior wall of a building faces a street or property classified in any residential district, all exterior walls thereof shall be treated and finished in a similar manner.

E.

When an exterior wall of a building faces abutting property in any residential district, no advertising sign shall be painted or placed on such wall, or on any portion of the lot between the wall and the residential district.

F.

No use shall be permitted and no process, equipment, or materials shall be used that are found by the City to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, dirt,

refuse, water-carried waste, noise, vibration, illumination, or unsightliness or to involve any hazard of fire or explosion.

The minimum site area shall be six thousand (6,000) square feet.

Each lot shall have a minimum width of sixty (60) feet and a minimum depth of one hundred (100) feet.

No building shall exceed a height of thirty-five (35) feet, except as may be allowed under provisions of Article 27.

Where a lot or lots in a C-1 zone are located in the same block as, and have a common frontage with, a lot or lots in any residential district, the minimum front yard of such lot or lots in the C-1 zone shall be a minimum of fifteen (15) feet. A minimum of ten (10) feet of the required front yard shall be landscaped.

There shall be no side yard requirement except as follows:

A.

Where a lot abuts on the side of a lot in any residential district, there shall be a side yard of a minimum width of ten (10) feet, which shall be landscaped.

B.

Where the rear of a corner lot abuts on the rear of a lot in any residential district, the side yard on the street side shall have a minimum width the same as the required side yard of such abutting lot in said residential district and shall be landscaped.

C.

Where the rear of a reversed corner lot abuts a lot in any residential district, the side yard on the street side of such reversed corner lot shall be a minimum of fifteen (15) feet and shall be landscaped.

There shall be no rear yard requirement except as follows:

A.

Where a lot abuts a lot in any residential district, a landscaped rear yard of a minimum of ten (10) feet shall be provided.

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

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

No sign shall be provided except as prescribed in Article 22.

No use may be established until a site plan has been submitted and approved pursuant to the provisions of Article 26.

Commercial projects within the C-1 district shall be subject to the design review provisions of Article 16.

ARTICLE 11 - C-2—COMMUNITY COMMERCIAL DISTRICT

The Community Commercial District is to be applied to the community commercial areas of the City, as may be designated by the General Plan. These areas constitute the primary commercial districts of the community where a wide range of retail, financial, governmental, professional, business service, and entertainment activities and uses are encouraged to concentrate several neighborhoods.

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

A.

Any use permitted in the C-1 District.

B.

Parking lots improved to standards prescribed for required off-street parking in Article 20.

C.

Professional, commercial, medical and governmental offices and clinics.

D.

Retail stores and service establishments, including:

1.

Antique stores;

2.

Art and craft schools and colleges, art galleries, art supply stores;

3.

Auction rooms;

4.

Automobile detailing, hand car wash within an enclosed building;

5.

Automobile supply stores;

6.

Bakeries, retail and wholesale;

7.

Bicycle shops;

8.

Business, professional, and trade schools and colleges;

9.

Camera shops and photography studios;

10.

Candy and confectionery stores;

11.

Clothing and costume rental establishments;

12.

Copying, blueprint, and printing services;

Dairy product stores;

Department stores;

Drapery and interior decorating shops;

Drug stores;

Dry goods stores;

Electrical appliance and incidental repair shops;

Florists;

Furniture and home furnishing stores;

21.

Garden supply stores and nurseries, provided that all equipment and merchandise, other than plants, shall be kept within a completely enclosed building or under a lathed structure, and further provided that fertilizer shall be stored and sold in packaged form only;

Gift shops;

Gymnasium and health studios;

Hardware stores;

Health food stores;

Hobby supply stores;

27.

Ice dispensers (coin operated);

28.

Jewelry stores, including clock and watch repairing;

29.

Leather goods and luggage stores;

30.

Locksmith;

31.

Medical and orthopedic appliance stores;

32.

Music stores, music and dance studios;

33.

Newspaper publishing;

34.

Newsstands and magazine stores;

35.

Office and business machine stores;

36.

Paint and wallpaper stores;

Pawn shops;

38.

Pet stores and pet grooming, but not including boarding of pets;

Picture framing shops;

40.

Post offices, public and private;

41.

Non-profit charitable institutions;

42.

Radio and television broadcasting studios;

43.

Restaurants, including drive-in restaurants, cafes, and outdoor cafes;

Scientific instrument stores;

Shoe stores and shoe repair shops;

46.

Sporting goods stores, including incidental boat sales and sporting equipment repair;

Stamp and coin stores;

Stationery stores;

Storage buildings incidental to a permitted use;

50.

Tailor and dressmaking shops, including pressing, altering, and repairing;

Thrift shop;

Toy stores;

Tire sales;

54.

Trophy shops;

Variety stores;

56.

Veterinarian offices and small animal clinics including short-term boarding of animals provided that all operations are conducted within an enclosed structure that complies with specifications of soundproof construction prescribed by the California Building Code;

Wedding chapels;

Incidental and accessory structures and uses located on the same site as a permitted use.

(Ord. No. 2013-01, § 4, 9-3-2013)

9-5.1104 - Permitted Uses: Administrative Approval

The following uses shall be permitted, subject to the provisions of Article 24:

A.

City, County, State, and Federal administrative offices, community buildings, libraries, and police and fire stations;

B.

Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

C.

Rental equipment, including trailers, trucks, and cars;

D.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

E.

Sidewalk sales and use of the public right-of-way for the display and sales of merchandise, or for outdoor dining;

F.

Murals subject to Article 21;

G.

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 one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

A.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

1.

Any use selling or serving alcohol, including liquor stores;

2.

Automobile repair;

3.

Automobile sales, new and used, including repair within an enclosed building;

4.

Arcades;

5.

Automated car wash, including use of mechanical conveyors, blowers, and steam cleaning;

6.

Bars, cocktail lounges, and nightclubs;

7.

Billiards and pool rooms;

8.

Boat sales and service;

Book, magazine, and stationery stores;

10.

Bowling alleys;

11.

Bus depots and transit stations, provided that no transit vehicle storage, maintenance, or repair shall be conducted on the site;

12.

Card rooms;

13.

Churches and other religious institutions;

14.

Coin-operated self-service car wash;

15.

Convenience stores, with or without gasoline sales;

16.

Dance halls, social halls, and banquet facilities;

17.

Day care center;

Drive through facilities;

19.

Farmer's markets (permanent) including indoor and outdoor facilities;

Funeral homes;

Gunsmith shop;

Hotels and motels;

23.

Laundromat, coin-operated laundry, and dry cleaning establishments;

24.

Massage and physical culture studios;

25.

Meeting halls, private clubs and lodges;

26.

Mini-storage facilities;

Motorcycle sales and service;

28.

Planned Unit Development subject to provisions of Article 28;

29.

Recycling collection facilities (see Article 2 for definition and standards);

30.

Residential dwellings over or to the rear of a permitted use provided such dwellings shall be subject to the use, site area, coverage and yard requirements of the RM-3 district;

31.

Service stations;

Smoking bars and hookah lounges;

33.

Sports arenas within buildings;

34.

Theaters and auditoriums;

Tobacco shops;

36.

Travel trailer and motor home sales, rentals, and service;

37.

Wholesale establishments.

(Ord. No. 2013-01, § 5, 9-3-2013)

A.

Where a site adjoins or is located across a street or alley from any residential district, a decorative masonry wall six (6) feet minimum in height, or such other height or type of screening device as may be required by the City shall be located on the property line common to such districts, except in a required front yard.

B.

Open storage of materials and equipment attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six (6) feet minimum in height, except as may be modified under Site Plan Review. Said storage shall not be visible above said fence or wall.

C.

Street trees and other forms of landscaping may be required under the provisions of Articles 21 and 26.

A.

All businesses, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, signs, and public utility stations.

B.

No manufacturing or processing of any article or commodity shall be permitted except as follows:

1.

Only where incidental to a permitted use;

Only where sold at retail on the premises; and

3.

Only where not more than five (5) persons are engaged in such manufacturing or processing.

C.

Wholesale sales and services shall not be conducted.

D.

No use shall be permitted and no process, equipment, or materials shall be used that are found by the City to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, refuse, water-carried waste, noise, vibration, glare, or unsightliness or to involve any hazard of fire or explosion.

E.

When an exterior wall of a building faces abutting property in any residential district, no advertising sign shall be painted or placed on such wall, or on any portion of the lot between the wall and the residential district.

There shall be no minimum site area subject to the following exception:

A.

In the case of buildings erected or structures altered after the date of passage of this ordinance, for purposes of residence or human habitation (such as hotels and apartment hotels), there shall be a lot area of not less than eight hundred (800) square feet per family; provided, however, that this regulation shall not apply to hotels or apartment hotels, if no cooking is done in any individual room, suite, or apartment.

No building shall exceed a height of fifty (50) feet, except as may be allowed under provisions of Article 27.

Where a lot in a C-2 zone is located in the same block as, and has a common frontage with, a lot in any residential district, the minimum front yard depth of the lot in the C-2 zone shall be a minimum of fifteen (15) feet, or which a minimum of ten (10) feet shall be landscaped.

There shall be no side yard requirement except as follows:

A.

Where a lot abuts upon the side of a lot in any residential district, there shall be a side yard of a minimum width of ten (10) feet, which shall be landscaped.

B.

Where the rear of a corner lot abuts upon the rear of a lot in any residential district, the side yard on the street side shall have a minimum width the same as the required side yard of such abutting lot in said residential district, which shall be landscaped.

C.

Where the rear of a reversed corner lot abuts upon a lot in any residential district, the side yard on the street side of such reversed corner lot shall be a minimum of fifteen (15) feet and shall be landscaped.

There shall be no rear yard requirement except as follows:

A.

Where a lot abuts a lot in any residential district, a landscaped rear yard of a minimum of ten (10) feet provided.

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

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

No sign shall be provided except as prescribed in Article 22.

No use may be established until a site plan has been submitted and approved pursuant to the provisions of Article 26.

Commercial projects within the C-2 zone district shall be subject to the design review provisions of Article 16.

ARTICLE 12 - C-3—GENERAL COMMERCIAL DISTRICT

This district is intended to provide commercial locations that, due to space requirements or the product or service rendered, are not compatible with and are usually not located within the downtown business district.

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

A.

Retail and service establishments:

1.

Automobile repair;

2.

Auto washes, mechanical and self serve;

3.

Bakeries, retail and wholesale;

4.

Building material sales;

5.

Bowling alleys;

6.

Bottling works;

7.

Bus depots;

8.

Cabinet and carpenter shops;

9.

Canvas shops;

10.

Electrical and motor rebuilding shops;

11.

Electrical distribution substations and communication equipment buildings;

Entertainment centers;

Equipment rentals and sales;

Exterminators;

Factory outlet stores;

Feed, seed, and fertilizer sales;

Food lockers, sales, and services;

Furniture warehouse and van services;

Garden supplies and nurseries;

Glass shops;

Grocery stores;

Hatcheries;

Heating and air conditioning shops;

Household appliance repair shops;

25.

Ice and food products dispensing machines;

Ice manufacturing;

Laboratories;

Laundry plants;

Mini-storage facilities;

Parcel delivery services;

Photographic and blueprint processing and printing;

Plumbing and sheet metal shops;

Post offices, public and private;

34.

Poultry and rabbit butcher shops for retail sales on the premises, including live storage; such use shall not be established closer than five hundred (500) feet from any residential zone;

35.

Railroad freight and passenger services;

Refrigeration sales and services;

37.

Restaurants;

38.

Service stations;

Sign shops;

Stone and monument yards, retail;

Tire recapping and sales;

Upholstery shops;

43.

Veterinarians' offices, small animal boarding and hospitals, and kennels; provided however such use shall not established closer than five hundred (500) feet from any residential district and shall be completely enclosed in a building of soundproof construction;

44.

Warehouses and mini-storage uses;

45.

Wholesale establishments.

B.

Offices and retail stores incidental to and on the same site with a permitted use.

C.

Incidental and accessory uses and structures located on the same site as a permitted use.

(Ord. No. 2020-06, § 5, 11-17-2020)

The following uses shall be permitted, subject to the provisions of Article 24:

A.

Communication equipment buildings, gas regulator stations, and utility pumping stations;

B.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

C.

Subdivision signs—Off-site;

D.

Sidewalk sales and use of the public right-of-way for the display and sales of merchandise, or for outdoor dining;

E.

Murals subject to Article 21;

F.

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 one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

(Ord. No. 2013-01, § 6, 9-3-2013)

A.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

1.

Any use selling or serving alcohol, including liquor stores;

2.

Auto body and fender repair, rebuilding and service;

Automobile sales, new and used, including repair within an enclosed building;

4.

Bars and cocktail lounges;

5.

Book, magazine, and stationery stores;

6.

Boat sales with incidental repair;

7.

Contractors storage yards;

8.

Drive-in theaters; golf driving ranges; pony riding rings; racetracks; recreation parks; riding stables; skating rinks, sport arenas, and sports stadiums; and other similar, open, unenclosed commercial recreation facilities;

9.

Drive through facilities;

10.

Electrical distribution substation, microwave relay stations;

11.

Farm machinery sales and service;

12.

Farmer's markets (permanent) including indoor and outdoor facilities;

13.

Gaming and entertainment centers;

14.

Gasoline sales as part of a convenience store, excluding automotive repair service;

15.

Indoor shooting range: An indoor shooting range is an indoor establishment equipped with targets for practice with firearms so constructed, safeguarded, equipped and used as to prevent any bullet, shot or

missile from being projected beyond the confines of such range. Such indoor shooting range shall comply with all noise regulations of the City and is also permitted to provide firearm training and education programs, to manufacture and sell ammunition, and to sell firearms as authorized and regulated by the Federal Department of Alcohol, Tobacco, and Firearms, the City, or any other agency with regulatory control;

Lumber yards;

Mobilehome sales;

Motels and apartment hotels;

Motorcycle sales with incidental service;

Planned Unit Development subject to provisions of Article 28;

Smoking bars and hookah lounges;

Tattoo parlors;

Theaters and auditoriums;

Travel trailer and motor home sales, rentals, and service;

Truck terminals;

Welding shops and blacksmithing, except drop hammer.

(Ord. No. 2013-01, § 7, 9-3-2013)

9-5.1206 - Screening and Landscaping: Fences, Walls, and Hedges

A.

Where a site adjoins or is located across a street or alley from a residential district, a decorative masonry wall six (6) feet in height, or such other height or type of screening device as may be required by the Director, shall be located on the property line common to such districts, except in a required front yard.

B.

Open storage of materials and equipment attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six (6) feet minimum in height, except as may be modified under Site Plan Review. Said storage shall not be visible above said fence or wall.

A.

All businesses and processes shall be conducted within a completely enclosed structure, except for offstreet parking and loading areas, service stations, outdoor dining areas, nurseries, garden shops, signs, Christmas tree sales lots, bus depots, and transit stations, public utility stations, and car sales.

B.

No use shall be permitted and no process, equipment or materials shall be used that are found by the City to be objectionable to persons living or working in the vicinity be reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare, or unsightliness or to involve any hazard of fire or explosion.

The minimum site area shall be ten thousand (10,000) square feet.

A.

The minimum front yard shall be fifteen (15) feet of which a minimum of ten (10) feet shall be landscaped.

B.

Except as specified hereunder, no side yards or rear yards shall be required.

1.

The minimum side yard abutting any residential district shall be ten (10) feet and shall be landscaped.

2.

The minimum rear yard abutting any residential district shall be ten (10) feet and shall be landscaped.

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

The maximum height shall be fifty (50) feet, except as may be allowed in under provisions of Article 27.

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

No sign shall be provided except as prescribed in Article 22.

A site plan shall be submitted and approved pursuant to the provisions of Article 26.

Commercial projects within the C-3 zone district shall be subject to the design review provisions of Article 16.

ARTICLE 13 - C-H—HIGHWAY COMMERCIAL DISTRICT

This district is intended for commercial uses that are located at or near freeway interchanges and are oriented toward serving the needs of the traveling public.

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

A.

General and service commercial establishments, including:

Transportation depots;

2.

Fruit and vegetable stores, and sales incidental thereto, conducted entirely within a building enclosed on all sides;

3.

Restaurants;

4.

Service stations, including auto repair, but not including a convenience store.

B.

Retail and service establishments:

1.

Automobile supply stores, not including repair garages;

2.

Barber shops and beauty shops;

3.

Cleaning agencies (pickup and delivery only);

4.

Gift shops;

5.

Video rentals and sales;

6.

Other uses added to this subsection by the Commission according to the procedure set forth in this article.

C.

Offices incidental to and on the same site with a commercial service establishment.

D.

Electrical transmission and distribution substations, gas regulator stations, public service pumping stations, and elevated pressure tanks.

E.

Incidental and accessory uses and structures located on the same site as a permitted use.

(Ord. No. 2013-01, § 8, 9-3-2013)

9-5.1304 - Permitted Uses: Administrative Approval

A.

The following uses shall be permitted, subject to the provisions of Article 24:

1.

Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

2.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

3.

Subdivision signs—Off-site;

4.

Sidewalk sales and use of the public right-of-way for the display and sales of merchandise, or for outdoor dining;

5.

Murals subject to Article 21;

6.

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 one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

9-5.1305 - Uses Permitted Subject to a Conditional Use Permit

A.

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

Any use serving or selling alcohol;

2.

Bars, cocktail lounges, and nightclubs;

3.

Cellular communication towers;

4.

Convenience stores, with or without gasoline sales;

5.

Drive through uses;

6.

Hotels and motels;

7.

Offices;

8.

One-family dwellings over or to the rear of a permitted use provided such dwellings shall be subject to the use, site area, coverage and yard requirements of the RM-3 district;

9.

Palm reader;

10.

Petroleum products storage, provided that gasoline, kerosene and similar highly inflammable products are stored underground;

11.

Planned Unit Development subject to provisions of Article 28;

12.

Public buildings and grounds;

Recreational vehicle parking—Overnight;

Self-service car wash;

15.

Signs in excess of twenty (20) feet in height, subject to provisions of Article 22;

16.

Smoking bars and hookah lounges;

17.

Swap meets;

18.

Transit terminals and truck stops.

(Ord. No. 2013-01, § 9, 9-3-2013)

9-5.1306 - Screening and Landscaping: Fences, Walls, and Hedges

A.

Where a site adjoins or is located across a street or alley from any residential or PO district, a decorative masonry wall six (6) feet minimum in height, or such other height or type of screening device as may be required by the City, shall be located on the property line common to such districts, except in a required front yard.

B.

Open storage of materials and equipment attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six (6) feet minimum in height, except as may be modified under Site Plan Review. Said storage shall not be visible above said fence or wall.

A.

No use shall be permitted and no process, equipment, or materials shall be used that are found by the Commission to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinder, dirt, refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness, or to involve any hazard of fire or explosion.

No limitations.

9-5.1311 - Yard Requirements

A.

The minimum front yard shall be fifteen (15) feet. A minimum of ten (10) feet of the required front yard shall be landscaped.

B.

Except as specified in paragraphs 1 and 2 hereunder, no side yard or rear yards shall be required.

1.

The minimum side yard abutting any residential district shall be ten (10) feet and shall be landscaped.

2.

The minimum rear yard abutting any residential district shall be ten (10) feet and shall be landscaped.

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

The maximum building height shall be fifty (50) feet, except as may be provided under the provisions of Article 27.

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

No sign shall be provided except as prescribed in Article 22.

A site plan shall be submitted and approved pursuant to the provisions of Article 26.

Commercial projects within the C-H zone district shall be subject to the design review provisions of Article 16.

ARTICLE 14 - M-1—LIGHT INDUSTRIAL DISTRICT

This district is to be applied to areas designated Light Industrial on the General Plan in order to reserve appropriately located areas for various types of less intense industrial plants and related activities.

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

A.

Dwellings for a caretaker incidental to a use located in such zone;

B.

Manufacture, processing, and packaging of:

1.

Small electric appliances such as lighting fixtures, electric toys, washing machines, dishwashers, and similar home appliances;

2.

Small electrical equipment such as motion picture equipment, radio and television receivers, but not including electrical machinery;

3.

Scientific drafting instruments, precision instruments, optical goods, watches, and clocks;

4.

Ceramic products such as pottery and small glazed tile;

5.

Cosmetics, pharmaceuticals, and toiletries (not including refining or rendering of fats or oils);

6.

Electrical supplies such as condensers, insulation, lamps, and wire and cable assembly;

Furniture, hardware, hand tools, die and pattern making; metal stamping and extrusion of small products such as costume jewelry, razor blades, bottle caps, buttons, and kitchen utensils;

8.

Articles from the following previously prepared materials: asbestos, canvas, cloth, cork, fiber, fur, glass, leather, paint (not employing a boiling process), paper, plastics, precious or semi-precious metals or stones, rubber and synthetic rubber, shell, textiles, tobacco, and wood;

9.

Bakery goods, candy, dairy products, food products, including fruits and vegetables (but not including fish and meat products, pickles, sauerkraut, vinegar or yeast, or refining or rendering of fats and oils);

10.

Blacksmith shops; boat building; electric motor rebuilding, machine shops; paint shops;

C.

Animal hospitals, kennels and veterinarians;

D.

Automobile dismantling and used parts storage, provided such parts storage must be conducted wholly within a building;

E.

Automobile repair;

F.

Building materials, sales, and storage;

G.

Emergency shelter subject to the following development standards:

1.

Facility compliance with applicable state and local standards and requirements;

a.

Federal, State and local licensing as required for any program incidental to the emergency shelter;

2.

Physical characteristics;

a.

Compliance with applicable state and local uniform housing and building code requirements;

b.

The facility shall have on-site security during all hours when the shelter is open;

c.

Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

d.

Facilities shall provide secure areas for personal property;

3.

Limited Number of Beds. Emergency shelters shall not exceed ten (10) beds;

4.

Limited Terms of Stay. The maximum term of staying at an emergency shelter is six (6) months in a consecutive twelve (12) month period;

5.

Parking. The emergency shelter shall provide on-site parking at a rate of one (1) space for each employee at the maximum shift plus one (1) space per six (6) occupants allowed;

6.

Emergency Shelter Management. A management plan is required to address management, client supervision, client services, and food services. Such plan shall be submitted to and approved by the Community Development Department prior to operation of the emergency shelter;

H.

Farm machinery and equipment manufacturing, sales, and service (including incidental auctions not to exceed four (4) per year);

I.

Frozen food processing, storage, and accessory sales;

J.

Gasoline service stations, including dispensing of diesel and other fuels, and complete truck service;

K.

Golf cart sales and service;

L.

Hatcheries;

M.

Ice and cold storage plant;

N.

Laboratories, experimental and testing;

O.

Machine shops;

P.

Petroleum products storage, provided that gasoline, kerosene, and similar products shall be stored underground;

Q.

Planning mill, excluding refuse burning;

R.

Poultry and rabbit processing;

S.

Prefabrication of buildings;

T.

Public utility service yards, electrical and gas transmission stations;

U.

Secondhand stores;

V.

Stables and riding academies;

W.

Stone monument works;

X.

Tire recycling, rebuilding, recapping and retreading;

Y.

Transit and transportation equipment, storage space and yards, except freight classification yards;

Z.

Trucking terminals;

AA.

Warehouses and mini-storage uses.

(Ord. No. 2013-01, § 12, 9-3-2013; Ord. No. 2015-03, § 4, 5-19-2015; Ord. No. 2020-06, § 6, 11-17-2020)

9-5.1404 - Permitted Uses: Administrative Approval

The following uses shall be permitted, subject to the provisions of Article 24:

A.

Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

B.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

C.

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 one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

9-5.1405 - Uses Permitted Subject to a Conditional Use Permit

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

Any permitted use in the M-2 district provided that the Commission makes the following findings:

1.

That consideration of the characteristics of the proposed use indicates that the use has the same essential characteristics as uses permitted in the M-1 district with respect to operation, materials, equipment, storage, and appearance;

That the application includes sufficient evidence to indicate that measures are planned to eliminate any potential nuisance or hazardous characteristics;

B.

Automobile and recreational vehicle storage yards;

C.

Automobile dismantling and used parts storage, provided such parts storage must be within an enclosed building;

D.

Breweries;

E.

Bulk storage and delivery of fuel, including liquefied petroleum gas;

F.

Business park;

G.

Cellular communication towers;

H.

Convenience stores, with or without gasoline sales;

I.

Day care center;

J.

Library;

K.

Outdoor advertising structure (billboard);

L.

Public buildings and grounds;

M.

Planned Unit Development subject to provisions of Article 28;

N.

Recycling and wood yards;

O.

Restaurants;

P.

Swap meets;

Q.

Tire recycling, rebuilding, recapping and retreading;

R.

Towing and storage of wrecked vehicles;

S.

Trucking terminals.

(Ord. No. 2013-01, § 13, 9-3-2013)

9-5.1406 - Screening and Landscaping: Fences, Walls, and Hedges

A.

Where a site adjoins any non-industrial district, a solid wall or screen fence six (6) feet in height or such other height or type of screening device as may be required by the Director, shall be located on the property line common to such districts, except in a required front yard.

B.

A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from any non-industrial district, shall be screened by a decorative masonry wall not less than six (6) feet in height, if found by the Director to be unsightly.

C.

Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a decorative masonry wall or compact evergreen hedge (with solid gates where necessary), not less than six (6) feet in height.

D.

No fence or wall shall exceed six (6) feet in height if located in a required side or rear yard or three (3) feet in height if located in a required front yard, except that a chain-link fence greater than three (3) feet in height may be located in any portion of a required front yard.

9-5.1407 - Required Conditions

A.

All open and unlandscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash, and debris.

B.

No use shall be permitted and no process, equipment or materials shall be employed that is found to be injurious to persons residing or working in the vicinity by reason of odor, dust, smoke, refuse, noise, vibrations, glare or heavy truck traffic or to involve any hazard of fire, explosion or radio-activity or to emit electrical disturbances that adversely affect commercial or electronic equipment outside the site boundaries.

C.

No solid or liquid wastes shall be discharged except in compliance with applicable regulations of the Regional Water Quality Control Board.

D.

No use shall emit air pollutants in excess of the applicable emission standards of the San Joaquin Valley Air Pollution Control District, the State of California or of the Federal Government.

No limitations.

9-5.1410 - Coverage

No limitations.

9-5.1411 - Yard Requirements

A.

Front Yard. The minimum front yard shall be ten (10) feet.

B.

Rear and Side Yards. No rear yard or side yards shall be required except as provided below:

1.

The minimum rear yard abutting any non-industrial district shall be fifteen (15) feet.

2.

The minimum side yard abutting any non-industrial district shall be fifteen (15) feet.

No building shall exceed a height of fifty (50) feet, except as may be provided under the provisions of Article 27.

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

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

A site plan shall be submitted and approved in accordance with the provisions of Article 26.

The purpose of the performance standards is to insure that an objective determination is made where there may be substantial doubt as to whether an existing use complies with the performance standards of this zone, and to formulate practical ways for the alleviation of such noncompliance.

A.

Noise. No permitted or conditionally permitted use shall create noise that causes the exterior noise level when measured on any other property to exceed:

1.

The noise standard for a cumulative period of more than thirty (30) minutes in any hour;

2.

The noise standard plus ten (10) dB for a cumulative period of more than five (5) minutes in any hour;

3.

The noise standard plus twenty (20) dB or the maximum measured ambient level, for any period of time.

B.

Vibration. No vibration shall be permitted that is perceptible without instruments at the lot-line of the source industry or beyond. For the purpose of interpretation, the perception threshold shall be presumed to be a motion velocity of 0.01 inches per second over a range of 1 to 100 Hertz.

C.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily discernible without instruments at the lot-line of the source industry or beyond.

D.

Glare. No direct or sky-reflected glare, whether from floodlights or from a high temperature process such as combustion or welding or otherwise, shall be permitted so as to be visible at the lot-line of the source industry or beyond.

E.

Fire and Explosion Hazards. All activities involving inflammable and explosive materials shall be provided with adequate safety devices and adequate fire fighting and fire suppression equipment standard in the industry. Such equipment shall be subject to the approval of the City Fire Chief.

F.

Radio and Electric Disturbance. No activities shall be permitted that emit electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

G.

Air Pollution. All uses shall be subject to the rules and regulations established by the San Joaquin Valley Air Pollution Control District, and the State and Federal government.

H.

Liquid and Solid Waste. No discharge into the public sewer, private sewage system or into the ground shall be permitted, except in compliance with the standards of the State Department of Health, the City of Fowler, the California Regional Water Quality Control Board, and the Selma-Kingsburg-Fowler County Sanitation District, and. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces and any waste that might be attractive to rodents or insects shall be stored outdoors only in closed containers.

I.

Performance Standards Procedures.

1.

Determination of compliance: proposed use. All applications for building permits or business licenses must be accompanied by a written statement signed by the owner or operator of the use declaring that the proposed use can meet the performance standards of the M-1 Zone set forth in this section, and will be operated in accordance with said standards.

Determination of noncompliance: existing use. The Director may determine that there are reasonable grounds to believe that an existing use may be violating these performance standards and may initiate an investigation.

Noise Level Standards

• Public uses include schools, libraries, hospitals, churches, and parks.

The specified noise standards shall not apply to railroad operations, motor vehicles, including trucks, or to agricultural equipment used in the cultivation of any agricultural land in the M-l Zone.

3.

Where determinations can reasonably be made by the Director using equipment normally available to the City or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued. Where technical complexity or extraordinary expense make it unreasonable for the City to maintain the personnel or equipment necessary for making a determination, procedures as herein set forth shall be available for protecting individuals from arbitrary administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.

4.

Where determination of violation of performance standards can be made using equipment and personnel available to the City or obtainable without extraordinary expense, determination of violation shall be made; and the Director shall take lawful action as provided by Article 14 of this chapter to eliminate such violation.

5.

Where determination of violation entails the use of skilled personnel and instrumentation not ordinarily available to the City and when, in the judgment of the Director a violation exists, the procedure shall be as

follows:

a.

Notice. The Director shall give a written notice, by certified mail, return receipt requested, or other means insuring a signed receipt for such notice, to those responsible for the alleged violation. Such notice shall describe the alleged violation and shall require a response or correction of the alleged violation within a reasonable time limit set by the Director. The notice shall declare that failure to reply or to correct the alleged violation within the time limit set constitutes admission of violation. The notice shall further state that upon request of those to whom it is directed, technical determinations as described in the appropriate portions of these provisions will be made, and if that violation as alleged is found, costs of the determinations will be charged against those responsible in addition to such other penalties as may be appropriate. If it is determined that no violation exists, costs of the determinations will be paid by the city.

b.

No correction: no reply. If there is no reply within the time limits set thus establishing admission of violation as provided above and the alleged violation is not corrected within the time limit set, the Director shall take such action as warranted by continuation of an admitted violation after notice to cease.

c.

Reply requesting extension of time. The Director may grant an extension of time if such extension will not cause imminent peril to life, health, or property. In acting on such requests for extension of time, the Director shall state in writing reasons for granting or refusing to grant the extension and shall transmit the same by certified mail, return receipt requested, or other means insuring a signed receipt, to those to whom original notice was sent.

d.

Reply requesting technical determination. If a reply is received within the time limit set requesting technical determinations as described in the appropriate provisions of this section and if the alleged violations continue, the Director may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be paid by the persons responsible for the violations, in addition to such other penalties as may be appropriate under the terms of Article 1 of this chapter. If no violation is found, costs of the determination shall be paid by the city.

ARTICLE 15 - M-2—HEAVY INDUSTRIAL DISTRICT

This district is to be applied to areas designated Heavy Industrial on the General Plan and is reserved for more intense manufacturing and processing uses.

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

A.

Any use permitted in the M-1 district.

B.

Heavy industrial and related uses including:

1.

Aircraft and parts manufacture;

2.

Automobile, truck and trailer accessories and parts manufacture;

3.

Ammonia, bleaching powder or chlorine manufacturing;

4.

Battery manufacture;

5.

Box factories and cooperage;

6.

Building materials manufacture and assembly;

7.

Business machine and computer manufacture;

8.

Can and metal container manufacture;

9.

Candle manufacture, not including rendering;

10.

Carpet and rug manufacture;

11.

Cotton ginning, cotton seed processing and lint manufacture;

Clay products manufacture including brick, fire brick, tile and pipe;

13.

Detergent manufacture;

14.

Food products manufacture including such processing as cooking, roasting, pasteurization and extracting involved in the preparation of such products as cereal, chocolate products, cider and vinegar, coffee, fruits and vegetables, milk and dairy products, syrups, margarine, pickles, sauerkraut, sugar, vegetable oils and yeast;

15.

Glass and glass products manufacture;

16.

Graphite and graphite products manufacture;

17.

Ink manufacture;

18.

Agricultural, industrial, and household chemical compounds manufacture;

Leather and fur finishing and dyeing, not including tanning and curing;

20.

Machinery manufacture;

21.

Machine tools manufacture including metal lathes, metal presses, metal stamping machines, and woodworking machines;

22.

Meat products processing and packaging, not including slaughtering and glue and size manufacture;

Metal alloys and foil manufacture;

Metal casting and foundries not including magnesium foundries;

25.

Motor and generator manufacture and testing;

26.

Plastic manufacture;

27.

Porcelain products manufacture including bathroom and kitchen fixtures;

28.

Precious metals smelting and refining;

29.

Railroad repair shops;

30.

Rock, sand, and gravel storage and distribution;

31.

Sand blasting;

32.

Soda and compound manufacture;

33.

Steel products manufacture and assembly;

34.

Stone products manufacture and stone processing including abrasives, asbestos, stone screening and sand and lime products;

35.

Storage, collecting or baling of iron, junk, paper, rags, or scrap;

36.

Structural steel products manufacture including bars, girders, rail and wire rope;

Textile bleaching;

38.

Wire and cable manufacturing;

39.

Wool pulling or scouring;

40.

Wood and lumber processing and woodworking including planing mills and saw mills, excelsior, plywood, veneer and wood-preserving treatment.

(Ord. No. 2013-01, § 14, 9-3-2013; Ord. No. 2020-06, § 7, 11-17-2020)

9-5.1504 - Permitted Uses: Administrative Approval

The following uses shall be permitted, subject to the provisions of Article 24:

A.

Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

B.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

C.

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 one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

9-5.1505 - Uses Permitted Subject to a Conditional Use Permit

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

The following uses that involve nuisances or hazards to health and safety, provided that the Commission shall make a specific finding that the use can be expected to conform with each of the required conditions prescribed for a conditional use permit. The Commission may require technical reports consultants or other evidence in addition to the data prescribed in Article 26.

Outdoor advertising structure (billboard);

2.

Automobile dismantling and used parts storage, provided such parts storage must be within an enclosed building;

3.

Asphalt and asphalt products manufacture;

4.

Breweries and wineries;

5.

Cement, lime, gypsum and plaster of paris manufacture;

6.

Charcoal, lampblack and fuel briquettes manufacture;

7.

Chemical products manufacture including acetylene, ammonia, carbide, caustic soda, chlorine, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates of an explosive nature, potash, rayon yarn, and carbolic, hydrochloric, picric and sulphuric acids;

8.

Coal, coke and tar products manufacture;

9.

Concrete and concrete products manufacture;

10.

Drop forges;

11.

Dumps and slag piles;

12.

Electric generating stations;

13.

Electroplating shops;

14.

Explosives manufacture and storage;

15.

Fertilizer manufacture;

16.

Film manufacture;

Firearms manufacture;

18.

Fireworks manufacture and storage;

19.

Fish products processing and packaging;

20.

Fuel manufacture or storage, including bio-fuels;

21.

Gravel, rock and cement yards;

22.

Garbage and refuse dumps;

23.

Gas and oil wells;

24.

Gelatin and glue manufacture from animal or fish refuse;

25.

Grain rolling and storage;

26.

Incineration or reduction of garbage, offal and dead animals;

Junk yards;

28.

Lard manufacture;

29.

Linoleum and oil cloth manufacture;

30.

Liquefied petroleum gas bulk storage and delivery;

31.

Magnesium foundries;

32.

Manure, peat and topsoil processing and storage;

33.

Metal and metal ores reduction, refining, smelting and alloying;

Motor vehicles wrecking yards;

35.

Paint manufacture including enamel, lacquer, shellac, turpentine and varnish;

36.

Paper products manufacture;

37.

Paper mills;

38.

Petroleum and petroleum products refining and storage;

Rifle and pistol ranges;

Rubber manufacture or processing including natural or synthetic rubber;

41.

Rubber products manufacture including tires and tubes;

Soap manufacture including fat rendering;

Solid waste recycling;

Steam plants;

Stone quarries, gravel pits, mines and stone mills;

Storage of inflammable liquids;

Storage of used building materials;

Tallow manufacture;

Tanneries and curing and storage of rawhides;

Wood and bones distillation;

Wood pulp and fiber reduction and processing.

B.

Public buildings and grounds;

C.

Planned Unit Development subject to provisions of Article 28;

D.

Bulk storage and delivery of fuel, including liquified petroleum gas;

E.

Automobile and recreational vehicle storage yards;

F.

Recycling and wood yards;

G.

Business park.

(Ord. No. 2013-01, § 15, 9-3-2013)

A.

Where a site adjoins any non-industrial district, a solid wall or screen fence six (6) feet in height or such other height or type of screening device as may be required by the Director, shall be located on the property line common to such districts, except in a required front yard.

B.

A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from any non-industrial district, shall be screened by a decorative masonry wall not less than six (6) feet in height, if found by the Director to be unsightly.

C.

No fence or wall shall exceed six (6) feet in height if located in a required side or rear yard or three (3) feet in height if located in a required front yard, except that a chain-link fence greater than three (3) feet in height may be located in any portion of a required front yard.

A.

All open and unlandscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash, and debris.

B.

No use shall be permitted and no process, equipment or materials shall be employed that is found to be injurious to persons residing or working in the vicinity by reason of odor, dust, smoke, refuse, noise, vibrations, glare or heavy truck traffic or to involve any hazard of fire, explosion or radio-activity or to emit

electrical disturbances that adversely affect commercial or electronic equipment outside the boundaries of the site.

C.

No solid or liquid wastes shall be discharged except in compliance with applicable regulations.

D.

No use shall emit particulate matter or other air pollutants in excess of applicable emission standards of the San Joaquin Valley Air Pollution Control District, the State, or the Federal Government.

E.

All uses shall be subject to the performance standards of Article 14.

The minimum site area shall be one-half (½) acre.

No limitations.

9-5.1511 - Yard Requirements

A.

Front Yard. The minimum front yard shall be ten (10) feet.

B.

Rear and Side Yards. No rear yard or side yards shall be required except as provided below:

1.

The minimum rear yard abutting any non-industrial district shall be fifteen (15) feet.

2.

On a reversed corner lot adjoining a key lot in any non-industrial district, the minimum side yard adjoining the street shall not be less than fifteen (15) feet.

3.

The minimum side yard abutting any non-industrial district shall be fifteen (15) feet.

No building shall exceed a height of seventy-five (75) feet, except as may be provided in Article 27.

Off-street parking and off-street loading facilities shall be provided as prescribed in Article 20.

No sign shall be permitted except as provided in Article 22.

A site plan shall be submitted and approved in accordance with the provisions of Article 26.

ARTICLE 16 - DESIGN REVIEW

The City of Fowler is concerned with the appearance of the built environment. It is important that new development present an appearance of quality, architectural variation and compatibility with existing neighborhoods. The design standards set forth below reflect community values and ensure that high standards of design are evident in all development.

A.

A Development Review Committee (DRC) is established to provide a coordinated technical review process to ensure compliance with requirements of this ordinance. The City Manager shall appoint the members of the DRC that shall be composed of not less than three (3) members. The Director shall create appropriate rules and regulations for the conduct of the DRC.

1.

The DRC shall be responsible for the review of all development-related applications that may be required by this chapter, including multifamily residential and commercial uses, planned unit developments (including mixed-use projects), all single-family residential projects approved through the subdivision map process, and murals.

2.

The DRC shall be responsible for making determinations on the application and interpretation of guidelines, standards, and requirements of this chapter.

The DRC may require the applicant to submit additional information reasonably necessary to determine whether the proposed development complies with this chapter.

4.

The DRC shall meet as necessary to review development applications. Such meetings shall be open to the public, but participation shall be limited to committee members, unless a member of the committee requests information of someone in attendance. It shall be the responsibility of the Director to collect comments of the DRC, prepare a written analysis of the issues, and provide it to the applicant in a timely manner.

5.

The decision of the DRC shall be a recommendation to the Commission for those applications that require Commission action.

6.

For applications that do not require Commission action, the decision of the DRC shall be a recommendation to the Director.

A.

A Concept Plan may be required by the Director when only part of a larger tract of land under common ownership is to be developed; when development is to take place in phases; or when property is part of a larger development area under multiple ownerships. The purpose of the Concept Plan is to demonstrate how compliance with the General Plan and this ordinance is to be achieved, the compatibility of anticipated land uses, and how improvements within and among individual parcels of land or phases of development are to be coordinated. Any future tentative map or site plan should demonstrate consistency with the Concept Plan.

The following design guidelines shall apply to all projects that require site plan review or Conditional Use Permit approval in all RM and C districts:

A.

Good design should reflect compatibility with the character of the area. Compatibility includes building style, size, setback, form, color and material considerations.

1.

A consistent color scheme, or a variety of compatible color schemes, should be used throughout a project and the scheme(s) should not contrast negatively with the character of the area.

The design of projects containing many buildings should provide variety in building size and massing. A mixture of single and multi-story buildings should be used.

3.

The architectural scheme (form, materials, color and detailing) of a building should be carried throughout all exterior elevations to achieve design, harmony and continuity.

4.

Coordinate roof shape, color and texture with the overall building design.

5.

Design and/or screen all rooftop mechanical and electrical equipment as an integral part of the building design. Ground or interior-mounted mechanical equipment is strongly recommended.

6.

Buildings with box-like appearances, lacking architectural variation, are discouraged. Architectural variation can be achieved through a variety of design techniques, including but not limited to:

a.

Offsetting or varying building setbacks.

b.

Providing covered porches, balconies, and entries.

c.

Combining single-story and two-story construction in a single building, with single-story nearest property lines.

d.

Altering roof lines, height and type.

7.

Each project shall contain a sufficient number of trash enclosures to adequately serve the use.

8.

All sides of commercial buildings shall be architecturally treated to produce an aesthetically pleasing facade that is of a design compatible with surrounding commercial buildings and the character of the community.

B.

The site shall be designed so as to create a development that is pleasant in character, human in scale and facilitates on-site circulation.

1.

Existing natural features such as trees and view shall be retained to the maximum extent feasible.

2.

Generally locate buildings adjacent to the street with parking areas to the rear or side of the property rather than along street frontages, and screen parking areas from view, both interior and exterior to the site.

3.

Screen trash and storage areas, service yards, loading docks and utility services from view of all nearby streets and adjacent structures in a manner compatible with building and site design.

4.

All exterior lighting is to be directed onto the site and away from adjacent residential properties.

5.

Where appropriate, provide bicycle parking with access from adjacent streets, driveways or paths.

6.

Pedestrian activity and transit access shall be maximized as feasible, including walkways within the project from adjacent streets, access to commercial properties from adjacent residential areas, and the provision of transit facilities where planned or proposed.

C.

Landscaping shall be included in any project design to create a pleasing appearance from both within and off the site. Site landscaping should be utilized to promote the character of the City, particularly as demonstrated by large shade trees.

1.

Landscaping should be planned as an integral part of the project.

2.

Street trees, as specified by the City of Fowler, shall be installed as appropriate.

3.

Provide landscaping to screen unattractive views and features such as storage areas, trash enclosures, and transformers.

Provide landscaping within and adjacent to parking areas to screen vehicles and minimize the expansive appearance of parking areas.

5.

Encourage deciduous trees along south and west building exposures.

6.

Ground cover should be of live plant material. Gravel, colored rock, bark and similar materials are generally not acceptable.

7.

Ensure that landscaping permits adequate sight distance for motorists and pedestrians entering and exiting the site.

The following design guidelines shall apply to all single-family projects approved with a subdivision map. The purpose of the Design Criteria is to implement the General Plan and provide guidance for the approval of new, large scale residential projects approved through the subdivision process. Site planning and architectural variations should receive fair consideration when the result is more affordable single-family detached housing.

A.

Minimum Floor Area Ratio. New single-family residential uses shall be subject to a minimum floor area ratio (FAR) that will encourage maximum use of land; promote diversity of housing throughout the City; and preserve community character. The minimum FAR includes the main living area, but does not include the garage or accessory structures.

B.

A developer may request up to a five (5) percent reduction from the minimum FAR for no more than five (5) percent of the units within each subdivision phase. The developer shall demonstrate the need for the reduction and that the reduction will not interfere with the purposes of this section.

The minimum lots sizes, FARs, and floor space for single-family districts are:

R-1-12 12,000 sq ft 0.20 2,400 sq ft

• Also applies to smaller lot PUD units

C.

Front Yard Setbacks. Varied front yard setbacks shall be used to provide visual interest to the street scene. Buildings shall be arranged in a staggered and variable setback fashion to provide visual interest and to avoid a repetitive appearance.

D.

Front Yard Landscaping. The developer shall provide front yard landscaping prior to the issuance of the certificate of occupancy.

E.

Garage Designs. The developer shall pay careful attention in designing the garage portion of homes. Architectural features such as offsetting garage faces, side-loading garages, or overhangs shall be added to garage elevations to soften these facades.

F.

Elevations. Housing elevations shall be varied to avoid monotony of a single architectural style. Residential structures shall be varied in detail, form, and building orientation to provide visual interest. Highly articulated facades are encouraged to create visual variety.

G.

Mechanical Equipment. Mechanical equipment shall be ground mounted and screened from view by walls or fences similar in design to the building architecture or by plant material. An exception shall apply when the developer has previously submitted and received approval by the City of Fowler of building plans that do not reflect the use of ground mounted equipment.

H.

Utilities. All utilities shall be underground and each residential unit shall be equipped for remote electronic utility meter reading. Public utility meter boxes and equipment shall be placed underground where feasible.

I.

Buffer Between Different Residential Zone Districts. Where new residential development is proposed adjoining existing residential development of a lower zoning density, the developer shall provide an architectural transition through the tentative tract map, site plan review, or Conditional Use Permit process. The transition may include such provisions as common lots sizes, building setbacks, landscaping, and masonry wall requirements to benefit existing and future residents.

J.

Buffer Between Commercial Zone Districts. Where new residential development is proposed adjoining existing commercial or industrial uses, the developer shall provide an architectural transition, including such provisions as building setbacks, landscaping and masonry wall requirements to benefit future residents.

K.

Open Space. All residential subdivisions shall provide usable open space within the boundaries of the development.

1.

Within single-family projects, either attached or detached, five (5) percent of the site shall be developed with usable open space such as common recreation areas, mini-parks, green belts/trails, and landscaping. This usable open space shall be maintained by a landscape/lighting district, homeowners' association, or other appropriate maintenance entity.

L.

Amenities. To enhance the quality of development, all single-family residential projects are encouraged to provide such amenities as automatic garage door openers, trash compactors, and outdoor electrical outlets.

M.

Deviation from Street Standards. Standards for new street development may be modified to enhance the design of a subdivision if the City Engineer determines that projected traffic flows can be accommodated.

N.

Access to Subdivisions Along Expressways. Direct access to expressways is prohibited. Street access to expressways is generally prohibited, except at one-half (½) mile intervals.

O.

Access to Subdivisions Along Arterial Streets. Residential developments along arterial streets shall be encouraged to provide innovative approaches to access, including frontage roads with limited access, side-on lots, or alley loaded units. Back-on to such streets (with decorative masonry walls, landscaping and waiver of access) is also permitted, but only after other design solutions have been explored. Open ended cul-de-sacs to arterials and pedestrian paths to adjacent parks and commercial development shall be provided as feasible for pedestrian access.

P.

Access to Subdivisions From Collector Streets. Direct access to collector streets is permitted except where physical circumstances or traffic conditions do not allow such access. Other design solutions include sideon lots or alley loaded units. Back-on to such streets (with decorative masonry walls, landscaping and waiver of access) is also permitted but only after other design solutions have been explored. Open ended

cul-de-sacs and pedestrian paths to adjacent parks and commercial development shall be provided as feasible for pedestrian access.

Q.

Interior Street Patterns. Interior streets within new subdivisions shall be designed to encourage pedestrian activity while protecting neighborhoods from through traffic. Local streets shall provide connectivity to adjacent existing and planned development, where feasible.

R.

Pedestrian Access. All subdivisions shall be designed to provide a safe walking environment for pedestrians. The following shall apply:

1.

Subdivision layouts shall include designs to promote pedestrian access to arterial and collector streets and consider the location of community services, such as schools, parks and neighborhood shopping centers in the accessibility of their design for all persons.

2.

Sidewalks shall be installed as part of all street construction.

3.

Street lighting shall be installed within the rights-of-way of all public streets.

4.

Pedestrian signal indicators shall be installed with traffic signals.

S.

School Routes. The developer shall work with the Fowler Unified School District to provide adequate transportation routes such as a local pedestrian or bike paths, or local bus service.

T.

Transit Facilities. The developer shall ensure that pedestrian facilities are provided along and/or near transit routes, whenever feasible. New land developments may be required to provide pedestrian facilities due to existing or future planned transit routes even if demand for a pedestrian facility is not otherwise warranted.

U.

Applicability and Deviation from Criteria. The Council may approve a deviation from these criteria where such deviation is necessary to provide affordable housing to meet the City's affordable housing requirements.

V.

Process and Enforcement. The following conditions and procedures shall be used to implement and enforce the Single-Family Residential Design Criteria:

1.

Condition of Map Approval. Compliance with these criteria shall be made a condition of approval for all tentative tract maps.

2.

Submittal of Site Plan as a Condition of Map Approval. As a condition of approval for all tentative tract maps, the developer shall obtain approval of a site plan that demonstrates compliance with these criteria.

3.

Site Plan Review Ordinance. Site plan review shall be in accordance with the City's Site Plan Review Ordinance (Article 13 of the City's Zoning Ordinance, as this Article may be amended or replaced).

4.

Content of Site Plan. The site plan shall provide elevations, floor plans, building envelopes for varied setbacks, landscaping, and other information necessary to demonstrate compliance with these criteria, the Site Plan Review Ordinance, and other applicable City codes.

5.

Approval of Site Plan. The site plan shall be approved before issuance of the first building permit. To the extent the tentative or final map demonstrates compliance with these criteria, the site plan may reference the maps.

(Ord. No. 2022-07, § 1, 8-16-2022)

ARTICLE 17 - FORM-BASED CODE AREA[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— The Downtown Form Based Code Area map has been deleted by direction of the City and is incorporated by reference herein and on file in the office of the City Clerk.

The Form-Based Code Area is intended to foster a vibrant town center through a mix of uses with shop fronts and commercial uses at street level, overlooked by canopy shade trees, upper story residences, and offices. The code regulates land development by setting controls on building form in order to achieve the vision for the community set forth in the Fowler General Plan.

This greater emphasis on physical form is intended to produce attractive and enjoyable public spaces complemented with a healthy mix of uses. Wherever there appears to be a conflict between the code and other sections of the Zoning Ordinance as applied to a particular development, the requirements specifically set forth in the code shall prevail. For development standards not covered by the code, other applicable sections in the Zoning Ordinance shall apply.

A.

Lots/Blocks/Curb Cuts.

1.

No block face shall have a length greater than four hundred (400) feet without an alley, common drive or access easement, or pedestrian pathway providing through-access to another street, alley or common access easement, or streetscape. Individual lots with less than seventy-five (75) feet of frontage are exempt from the requirement to interrupt the block face; those with over two hundred fifty (250) feet of frontage shall meet the requirement within their lot, unless already satisfied within that block face.

2.

Curb cuts shall be limited to no more than one (1) per one hundred fifty (150) feet of street frontage.

B.

Buildings.

1.

The maximum building footprint shall be twenty thousand (20,000) square feet; beyond that limit a special exception is necessary.

2.

Buildings along each block face shall present a new and discrete facade design at an average street frontage length of no greater than seventy-five (75) feet. Each facade composition shall include a functioning, primary entry. This requirement may be satisfied through the use of liner shops designed to specifically mask large foot print building facades. Individual infill projects on lots with frontage of less than one hundred (100) feet are exempt from this requirement.

C.

Streetscape.

1.

Street trees shall be planted at the time of development at an average spacing of no greater than thirty (30) feet on center (measured per block face). Where necessary, spacing allowances may be made to

accommodate curb cuts, fire hydrants and other infrastructure elements. At no time may spacing exceed forty-five (45) feet on center.

2.

Street lights shall be installed on both sides of streets along the street tree alignment line at intervals of not more than seventy-five (75) feet measured parallel to the street. At the time of development, the developer is responsible for the installation of street lights on the side of the streetscape being developed.

3.

At the time of development, the developer is required to install sidewalks.

D.

Parking. The goals for parking within the form-based code area are:

•

Enable people to park once at a convenient location and access a variety of commercial and civic uses in a pedestrian friendly environment.

•

Reduce inefficient, single-purpose on-site parking.

•

Maximize on-street parking.

•

Provide flexibility for the development or redevelopment of small sites.

•

Promote projects that use flexible and creative incentives to reduce parking needs.

1.

Parking standards are:

a.

A minimum of three (3) spaces per one thousand (1,000) square feet of nonresidential Gross Floor Area (GFA) shall be provided. New on-street parking spaces created in conjunction with the development, that did not previously exist, may be counted toward the minimum requirement.

b.

A minimum of 1.5 parking spaces per residential unit, of which a minimum of one (1) parking space per residential unit shall be covered.

c.

Shared parking is encouraged and shall be approved by the Director as to location, time limits, or hours of the day. Shared parking shall be designated by appropriate signage.

2.

Cross-access easements for circulation, pedestrian access, and parking purposes shall be required when feasible between separate parcels developed for commercial purposes.

3.

Parking requirements may be met either on-site or within three hundred fifty (350) feet of the site to be developed.

4.

Waiver of Off-Street Parking.

a.

Off-street parking shall not be required in the Form-Based Code Area for buildings erected after the effective date of this chapter that front on Merced Street between Seventh Street and the alley between Fourth and Fifth Streets.

b.

The number of required off-street parking spaces is reduced by fifty (50) percent in the within the area bounded by Tuolumne Street on the north, the Railroad on the west, a line parallel to and one hundred fifty (150) feet south of Main Street on the south, and Fifth Street on the north; plus the area bounded by a line parallel to and one hundred fifty (150) feet north of Merced Street on the north, Fifth Street on the west, a line parallel to and one hundred (100) feet south of Merced Street on the south, and the alley between Fourth and Fifth Streets on the east; plus the area bounded by a line parallel to and one hundred (100) feet north of Tuolumne on the north, Seventh Street on the west, Tuolumne Street on the south, and the alley between Sixth and Seventh Streets on the east.

The street-type specifications illustrate typical configurations for streetscapes. The City may adjust these if necessary for specific conditions (e.g., public squares and other similar areas). The specifications address vehicular traffic lane widths, curb radii, sidewalk, tree planting area, and on-street parking configurations. They also provide comparative pedestrian crossing distances.

Streets balance the needs of all forms of traffic, auto and pedestrian, to maximize mobility and convenience. Their character will also vary with location.

A.

The standards for building envelopes are:

1.

Buildings are aligned and close to the street. Buildings form the space of the street.

2.

The street is an identifiable space, with consistent building forms on both sides. This configuration contributes to a clear public space and streetscape identity.

3.

Public spaces are physically defined by buildings, walls, or fences. Land should be clearly public or private —in public view and under surveillance or private and protected.

4.

Vehicle storage/parking, (other than on-street parking), garbage pick-up and mechanical equipment are kept away from the streetscape.

A.

The following uses shall be permitted in the Form-Based Code Area:

1.

Artisan shop;

2.

Antique stores;

3.

Bank, ATM, or financial institution;

4.

Barber shops and beauty shops;

5.

Book, magazine, and stationery stores;

6.

Business support services;

Day care center: Child or adult;

8.

Dare care center: Small or large family;

9.

Drug stores;

10.

Furniture and home furnishing stores;

11.

Garden supply stores and nurseries provided all equipment, supplies, and merchandise, other than plants and mulches, shall be kept within completely enclosed buildings or under a lathed structure and provided, further, that fertilizer of any type shall be stored and sold in packaged form only;

12.

General retail;

13.

Grocery stores not exceeding one thousand five hundred (1,500) square feet of sales area;

14.

Hardware stores;

15.

Health, fitness club;

16.

Locksmiths;

Museum;

18.

Non-profit charitable institutions;

Offices—Business, professional, service, medical;

Parking lots;

Post offices, public and private;

School, public or private;

Studio: art, dance, martial arts, music, etc.;

Restaurant, café, coffee shop, not serving alcohol;

25.

Variety stores not exceeding one thousand five hundred (1,500) square feet of sales area;

Video rentals and sales;

27.

Other uses added by the Commission according to the procedure set forth in this article;

28.

Incidental and accessory structures and uses on the same site as a permitted use.

(Ord. No. 2013-01, § 10, 9-3-2013; Ord. No. 2020-06, § 8, 11-17-2020)

9-5.1706 - Permitted Uses: Administrative Approval

A.

The following uses shall be permitted, subject to the provisions of Article 24:

1.

City, County, State, and Federal administrative offices, community buildings, libraries, and police and fire stations;

Electrical distribution substations, communication equipment buildings, gas regulator stations, and utility pumping stations;

3.

Rental equipment, including trailers, trucks, and cars;

4.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use;

5.

Sidewalk sales and use of the public right-of-way for the display and sales of merchandise, or for outdoor dining;

6.

Park, playground;

7.

Murals subject to Article 21;

8.

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 one hundred dollars ($100.00), and nonconforming fences, walls, and hedges.

9-5.1707 - Uses Permitted Subject to a Conditional Use Permit

A.

The following uses shall be permitted by CUP in the Form-Based Code Area (see Article 25):

1.

Any use selling or serving alcohol, including liquor store;

2.

Any commercial amusement use (indoor and outdoor);

3.

Any permitted use having outside storage;

Automated car wash, including use of mechanical conveyors, blowers, and steam cleaning;

5.

Automobile parts sales;

6.

Automobile repair;

7.

Banquet facilities, dance halls, social halls, private clubs and lodges;

8.

Bed and breakfast;

9.

Card rooms;

Churches and other religious institutions;

11.

Drive through facilities;

12.

Funeral home;

13.

Grocery stores not exceeding ten thousand (10,000) square feet in sales area;

14.

Laundromat, coin-operated laundry, and dry cleaning establishments; except that such uses are not permitted in the downtown area bounded by Fourth Street, Tuolumne Street, Golden State Boulevard, and Main Street;

Mixed use residential component;

Motels and hotels;

17.

Motorcycle sales and service;

18.

Multifamily dwellings, subject to the standards of the RM-3 district (including density greater than 21.78 units/acre);

19.

Parking structure;

20.

Self-service car wash;

21.

Service stations, including service stations as part of a convenience store (gasoline);

22.

Single family dwellings subject to the provisions of the R-1-5 district;

23.

Smoking bars and hookah lounges;

24.

Tobacco shops;

25.

Theater, auditoriums, cinema, or performing arts;

26.

Variety store not exceeding ten thousand (10,000) square feet.

(Ord. No. 2013-01, § 11, 9-3-2013; Ord. No. 2020-06, § 9, 11-17-2020)

9-5.1708 - Streetscape Standards—General Principles and Intent

A.

Street trees are part of an overall streetscape plan designed to provide both form (canopy) and comfort (shade) to the streetscape. Street trees give special character and coherence to each streetscape. The desired aesthetic shall be achieved through the use of native/proven hardy adapted species.

B.

Mechanical and electrical equipment including, but not limited to, air compressors, pumps, exterior water heaters, water softeners, private garbage cans (not including public sidewalk waste bins), and storage tanks may not be stored or located within any streetscape.

C.

Building facades are the public "face" of every building. Owners are encouraged to place planters and window boxes with flowering plants and/or climbing vines within twelve (12) inches of the building facade.

D.

The private, interior portions of the lots allow commercial operators to utilize these spaces as efficient working environments unseen by the public and allow residents to have private and semi-private (for apartment and condominium buildings) gardens and courtyards.

E.

Each streetscape shall have street trees planted along the street tree alignment line (three (3) feet from the back of the curb) at an average spacing not greater than thirty (30) feet on center (measured per block face).

F.

At planting, street trees shall be a minimum of twenty-four (24) inch box. Species shall be selected from the area street tree list.

G.

Street trees shall be "limbed up" as they gain appropriate maturity so as to not interfere with pedestrian or truck travel (minimum seven (7) feet clear over the sidewalk and fourteen (14) feet over the travel lanes of the street).

H.

For private parking lots, a minimum of fifty (50) percent of the parking surface shall be shaded at maturity of the trees.

I.

At least one (1) tree per six hundred (600) square feet of the required paved area shall be planted along the rear and side yard areas not closer than five (5) feet to any common lot line. At planting, street trees shall be a minimum of twenty-four (24) inch box. Species shall be selected from the area street tree list.

J.

Except for tree trunks, street lights, civic buildings, public art or monuments, there shall be a clear view between two (2) and eight (8) feet above grade. The foliage of newly planted trees may intrude into this area until the tree has sufficient growth to allow such a clear trunk height.

K.

Sidewalks shall be a minimum of six (6) feet wide and shall be constructed to meet all City specifications.

L.

Any unpaved ground area shall be planted with a combination of turf, groundcover, flowering vegetation, or climbing vines.

M.

All turf grass must be sodded at installation.

N.

In addition to the lot, the owner must maintain the portion of the streetscape between their lot line and the curb and the portion of the alley between the lot-line and the edge of pavement.

O.

All landscaping shall be irrigated and maintained by the adjacent property owner or private property owners association.

A tree list for the Form-Based Code Area shall be developed to include street trees as well as other species that may be used for planting within a lot. The tree list shall contain native and acceptable adapted species. The use of alternate species may be permitted but only if approved by the Development Review Committee.

All development within the Form-Based Code Area shall be subject to the provisions of Article 16 and the standards contained herein. The architectural standards for the Form-Based Code establish a coherent character for the district and encourage a high caliber, lasting quality of development. Buildings must be reviewed by the Development Review Committee to verify that they meet the architectural standards.

These standards favor an aesthetic that is traditional in a broad sense. The standards also specify certain details, such as window proportions, roof or cornice configurations, shop fronts, and overhangs. The intent behind these standards is to foster a coherent and regionally appropriate community. While only materials, techniques, and product types prescribed here are allowed, equivalent or better practices and products are encouraged. They shall be submitted to the Director for review. Additional products may be added to the list on a case by case basis by the Director.

A.

Building Walls (Exterior). Building walls should reflect and complement the traditional materials and techniques of the Central Valley. They should express the construction techniques and structural constraints of traditional, long-lasting, building materials. Simple configurations and solid craftsmanship are favored over complexity and ostentation in building form and the articulation of details.

Materials—The following materials are permitted:

a.

Primary materials (seventy-five (75) percent of facade or greater):

i.

Brick or tile masonry;

ii.

Native stone (or synthetic equivalent);

iii.

Hardie-Plank( equivalent or better siding;

iv.

Stucco;

v.

Metal (only as part of a unique architectural design and as approved by the DRC);

b.

Accent materials (no greater than twenty-five (25) percent of facade):

i.

Pre-cast masonry (for trim and cornice elements);

ii.

Gypsum Reinforced Fiber Concrete (GFRC for trim elements);

iii.

Metal (for beams, lintels, trim elements and ornamentation);

iv.

Split-faced block (for piers, foundation walls and chimneys);

c.

Wood siding and wood simulation materials:

i.

Lap siding (horizontal) configuration;

ii.

Smooth or rough-sawn finish (no faux wood grain);

iii.

Brick, block and stone;

iv.

Must be detailed and in an appropriate load-bearing configurations;

v.

Stucco;

vi.

Smooth or sand only, no roughly textured finish.

2.

Murals painted directly on an exterior wall of a structure are encouraged as a decorative or ornamental feature in accordance with Article 21.

B.

Roofs and Parapets. Roofs and Parapets should demonstrate recognition of the climate by utilizing appropriate pitch, drainage, and materials in order to provide visual coherence.

1.

Materials: The following materials are permitted:

a.

Clay or concrete (faux clay);

b.

Tile (barrel or flat roman);

c.

Slate (equivalent synthetic or better);

d.

Metal (standing seam, equivalent or better);

e.

Dimensional asphalt shingles;

f.

Cornices and soffits may be a combination of wood, vinyl, and/or metal;

2.

Pitched roofs:

a.

Pitch (exclusive of roofs behind parapet walls);

b.

Simple hip and gable roofs shall be symmetrically pitched between 4:12 and 10:12;

c.

Shed roofs, attached to the main structure, shall be pitched between 3:12 and 8:12.

3.

Overhangs:

a.

Eaves must overhang eighteen (18) to thirty (30) inches on the primary structure.

b.

Eaves and rakes on accessory buildings, dormers, and other smaller structures must overhang at least eight (8) inches.

c.

Timber eaves and balcony brackets must be a minimum of four (4) inches by four (4) inches in dimension.

4.

Parapet roofs (cornice and coping standards):

a.

Allowed only for shop front colonnade and general frontage sites where the roof material is not visible from any adjacent streetscape.

Cornices and other features:

a.

Buildings without visible roof surfaces and overhanging eaves may satisfy the overhang requirement with a cornice projecting horizontally between six (6) and twelve (12) inches beyond the building walls for the on the primary structure for the initial four (4) stories. For each additional story; six (6) inches shall be added to the minimum and twelve (12) inches shall be added to the maximum, up to a maximum projection of six (6) feet.

b.

Skylights and roof vents are permitted only on the roof plane opposite the primary street or when shielded from Streetscape view by the building's parapet wall.

C.

Windows and Doors. The placement, type, and size of windows and doors help to establish the scale and vitality of the streetscape. For commercial buildings, they allow interplay between the shop interiors and the streetscape. For residential streets, they foster the "eyes on the street" surveillance that provides for the security and safety for the area.

1.

Materials: The following materials are permitted.

a.

Windows shall be of anodized aluminum, wood, clad wood, vinyl, or steel.

b.

Window glass shall be clear, with adequate light transmission. Specialty windows (one (1) per facade maximum) may utilize stained, opalescent, or glass block.

c.

Window screens shall be black or gray.

d.

Screen frames shall match window frame material or be dark anodized.

e.

Doors shall be of wood, clad wood, or steel and may include glass panes.

2.

The following requirements apply to all windows:

a.

Windows shall be no closer than thirty (30) inches to building corners (excluding bay windows) unless otherwise prescribed.

b.

Exterior shutters, if applied, shall be sized and mounted appropriately for the window (one-half the width), even if inoperable.

3.

The following apply to shop front (ground floor) windows and doors:

a.

Single panes of glass not larger than eight (8) feet in height by four (4) feet wide.

b.

A minimum of sixty (60) percent of the window pane surface area shall allow views into the ground floor of the building for a depth of at least fifteen (15) feet.

c.

Windows shall not be made opaque by window treatments (excepting operable sunscreen devices within the conditioned space).

4.

Doors:

a.

Double-height entryways that span more than one (1) story are not allowed.

b.

Doors shall not be recessed more than three (3) feet behind the shop-front windows and, in any case, shall have a clear view and path to a forty-five-degree angle past the perpendicular from each side of the door.

9-5.1711 - Signage

A.

Signs shall be as permitted in Article 22.

A.

When an awning or overhang is incorporated into a building, the following requirements must be met:

1.

Minimum ten (10) feet clear height above sidewalk, minimum six (6) feet depth extending out from the building facade (maximum to curb or tree-planting strip, whichever is closer).

2.

Canvas cloth or equivalent (no shiny or reflective materials), metal or glass.

3.

No internal illumination through the awning/overhang.

4.

Lettering on awnings limited to six (6) inches tall on vertically hanging fabric at curb side of awning.

9-5.1713 - Lighting and Mechanical Equipment Standards

A.

The following standards shall apply for lighting and mechanical equipment:

1.

Street Lights: A "historical-type" (or other Street Light as the City may specify) shall be used in the FormBased Code Area.

2.

At the front of the building, exterior lights shall be mounted between six (6) feet and fourteen (14) feet above adjacent grade.

3.

All lots with alleys shall have lighting fixtures that illuminate the alley and shall not cause glare in adjacent lots.

4.

Floodlighting shall not be used to illuminate building walls (i.e. no up-lighting).

5.

No flashing, traveling, animated, or intermittent lighting shall be visible from the exterior of any building whether such lighting is of temporary or long-term duration.

6.

Air compressors, mechanical pumps, exterior water heaters, utility and telephone company transformers, meters or boxes, garbage cans, storage tanks, and similar equipment shall not be stored or located within

any area considered streetscape under this code.

7.

Roof mounted equipment shall be screened from view from the streetscape.

All development within the Form-Based Code Area must receive Site Plan approval prior to the issuance of a building permit in accordance with requirements of Article 26.

Commercial projects within the Form-Based Code Area shall be subject to the design review provisions of Article 16.

ARTICLE 18 - PRECISE PLAN OVERLAY DISTRICT

The Precise Plan Overlay District shall be applied to residential, commercial, and industrial base zoning districts designated by the General Plan or the City Council to assure that development will be superior to that which would be achieved through regulations of the base zoning district.

A.

A Precise Plan Overlay District may be established after the City Council has, by resolution, found as follows:

1.

That the area proposed for the Precise Plan Overlay District is suitable for uses permitted in the underlying zone district. In order to promote the public health and welfare and the orderly growth of the City, however, it would not be appropriate to so zone the area unless land uses permitted are subject to precise plan.

2.

That the Precise Plan will provide benefits and safeguards equal to or greater than those provided by the underlying zone district with respect to the public health and welfare and orderly growth of the City.

A.

A Precise Plan may contain regulations relating to the types of uses; location, height, and bulk of buildings; open spaces; design of streets, alleys, pedestrian ways, and parking areas; screening of uses; landscaping; and such other matters as in the determination of the Commission and Council may be necessary to accomplish purposes of this chapter.

B.

The Precise Plan shall be prepared in map or written form, or a combination.

A.

The Precise Plan Overlay District, the approved Precise Plan, and any amendments shall be established by resolution after the same proceedings as in the case of other changes of zone.

B.

The Precise Plan Overlay District shall be designated on the zone map using the underlying zone district followed by the letter "P" and an identifying serial number that shall appear on any map, plan, or written statement in which the Precise Plan is embodied.

C.

The Precise Plan Overlay District may be established at any time, either concurrently with and as a part of the proceedings for establishing or changing zoning, or with respect to any established zone.

A.

The use of land and the construction, reconstruction, or structural alteration and use of buildings and structures located in a Precise Plan Overlay District shall conform with the Precise Plan, and shall also be subject to all other regulations and provisions that apply to the underlying zone district to the extent that they are not contrary to the express provisions or general intent of the Precise Plan.

ARTICLE 19 - HB—HIGHWAY BEAUTIFICATION OVERLAY DISTRICT

The "HB" Overlay District is intended to promote attractive development along Highway 99 through the City of Fowler and establish consistent standards with other jurisdictions in Fresno County. The regulations of this district seek to balance the economic health of the community with a visually improved corridor.

9-5.1902 - Applicability

A.

The "HB" Overlay District shall apply to all property within one thousand (1,000) feet of the outside boundaries of the Highway 99 right-of-way.

B.

Any new use or expansion of an existing use approved after the effective date of this ordinance located within the "HB" Overlay District boundaries shall be subject to the provisions of this section.

For purposes of this article, the following definitions shall apply:

Advertising Structure. A freestanding sign or wall sign advertising off-site services and products.

At-Grade. A section of highway, the grade of which is within five (5) feet of the grade of adjacent properties.

Co-location. Locating more than one (1) antenna on the same antenna mount.

Communication Tower. A structure used to support antennas for wireless communication.

Elevated. A section of highway, the grade of which is more than five (5) feet above the grade of adjacent properties.

Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. Includes sign types that are independent of a building.

Guyed Tower. A communication tower that is supported, in whole or in part, by guy wires and ground anchors.

Lattice Tower. A self-supporting communication tower consisting of an open-work structure made of crossing bars or rods forming a network used for support.

Marquee Sign. Any sign with supports that are placed on, or anchored in, the ground that is independent from any other structure. A marquee sign advertises multiple destinations and eliminates visual clutter by combining what would otherwise be multiple freestanding signs.

Monopole. A self-supporting communication tower consisting of a single pole.

Monument Sign. A freestanding sign in which the entire bottom of the sign is in contact with the ground.

Wall Sign. Any sign attached parallel to, but within six (6) inches of a wall; painted on the surface of a wall; or erected and confined within the limits of an outside wall of any building or structure, that is supported by such wall or building, and that displays only one (1) sign surface.

Uses permitted shall be those uses permitted in the underlying zone district.

9-5.1905 - Uses Permitted Subject to a Conditional Use Permit

Uses permitted subject to a conditional use permit shall be as follows (see Article 25):

A.

Those uses permitted subject to a conditional use permit in the underlying district.

B.

Communication towers, unless expressly prohibited by the underlying district.

C.

Marquee signs that exceed the property development standards of Section 9-5.1907.J.2.

Uses expressly prohibited shall be those uses expressly prohibited in the underlying zone district.

The following property development standards shall apply to all land and structures in the "HB" District:

A.

Lot Area. Each lot shall have the minimum area required by the underlying district.

B.

Lot Dimensions. Each lot shall have the minimum dimensions required by the underlying district.

C.

Population Density. Population density shall be as required by the underlying district.

D.

Building Height. Building height shall be as required by the underlying district.

E.

Yards. Yards shall be as required in the underlying district with the following exceptions:

1.

General Provisions.

a.

All yard requirements shall be for the entire length of the specified lot line.

b.

Yard requirements shall apply whether property is directly adjacent to the highway, or is adjacent to a frontage road directly parallel to the highway.

2.

For agricultural uses, yards shall be as required by the underlying district.

For all landscape buffers required by this section, a landscape plan shall be prepared by a licensed landscape contractor or landscape architect for review and approval by the City. The plan shall include adequate permanent access for maintenance purposes.

4.

Landscape buffers shall be placed within an easement and dedicated to the City. Maintenance shall be by an assessment district, such as a landscape and lighting district, through contractual arrangement with the City, or by a homeowner's association or property management company responsible for the maintenance of common facilities.

5.

Exceptions to the landscape buffer requirements due to site location, property dimensions, or other factors may be considered through the variance process in accordance with Article 27 with the understanding that the objectives of the "HB" Overlay District must be achieved to the maximum extent feasible.

6.

For residential projects approved through the subdivision, conditional use permit, or site plan review process, yard requirements shall be as follows:

a.

Along residential properties adjacent to at-grade highway sections, a landscaped buffer of no less than twenty (20) feet shall be provided. The setback line shall constitute the lot line of the adjacent residential project and building setback requirements of the underlying zone district shall apply.

i.

The landscaped buffer shall consist of groundcover and shrubs. Trees shall be provided within the landscape buffer at a rate of one (1) per twenty-five (25) feet of highway frontage, and may be spaced evenly or planted in groups or clusters.

ii.

No buildings, parking areas, storage areas, trash or recycling areas, utility equipment, freestanding signs, communication towers, or other structures may be established within the landscaped buffer.

iii.

All City standards for noise reduction shall apply. This may include construction of sound walls at the landscape setback line.

iv.

Along lot lines not adjacent to the highway right-of-way, yards shall be provided as required by the underlying district.

b.

Along residential properties adjacent to elevated highway sections, a landscaped buffer of no less than ten (10) feet shall be provided. The setback line shall constitute the lot line of the adjacent residential project and building setback requirements of the underlying zone district shall apply.

i.

Trees shall be provided at a rate of one (1) tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters, and shall be of a species that will grow tall enough to be visible from the highway.

ii.

No buildings, parking areas, storage areas, trash or recycling areas, utility equipment, freestanding signs, communication towers, or other structures may be established within the landscaped buffer.

iii.

All City standards for noise reduction shall apply. This may include construction of sound walls at the landscape setback line.

iv.

Along lot lines not adjacent to the highway right-of-way, yards shall be provided as required by the underlying district.

7.

For automobile wrecking yards; automobile storage yards; transit storage facilities; electric distribution substations; garbage, green waste recycling, or refuse incineration; solid waste transfer stations; generating plants; junkyards; pallet yards; recycling plants; surface mining operations; waste-to-energy plants, or similar uses, yard requirements shall be as follows:

a.

Along lot lines adjacent to at-grade highway sections or along lot lines that allow visibility into the site from at-grade highway sections, a landscaped buffer of no less than twenty (20) feet shall be provided.

b.

The landscaped buffer shall contain, at a minimum, a continuous shrub hedge, interplanted twenty (20) feet on center with trees. The plant species used should coordinate with adjacent highway landscaping. Shrub varieties used shall be fast growing, and attain an ultimate height of no less than eight (8) feet. Shrubs and trees shall not be pruned as to allow visibility into the site from the highway.

c.

A solid masonry wall shall be located at the rear of the landscaped buffer along the property line adjacent to the highway. The wall shall be not less than six (6) feet in height and shall be located twenty (20) feet from and parallel to the buffered property line or right-of-way line.

d.

No buildings; parking areas; trash or recycling areas; utility equipment; freestanding signs; communication towers; or other structures may be established within twenty (20) feet of the highway right-of-way.

==> picture [384 x 93] intentionally omitted <==

Required Landscaped Buffer for Wrecking Yard Next to At-Grade Highway Section

e.

Along lot lines adjacent to elevated highway sections or along lot lines that allow visibility into the site from elevated highway sections, a landscaped buffer of no less than twenty (20) feet shall be provided.

1.

The landscaped buffer shall consist of trees spaced at thirty (30) feet on center and staggered or triangularly spaced within the buffer to minimize visibility into the site from the highway. Species used shall be fast growing, dense, tall evergreen trees.

2.

No buildings; communications towers; or other structures may be established within twenty (20) feet of the highway right-of-way.

f.

Along lot lines not adjacent to the highway right-of-way and do not allow visibility into the site, yards shall be provided as required by the underlying district.

==> picture [433 x 306] intentionally omitted <==

Required Landscaped Buffer for Wrecking Yard Next to Above Grade Highway Section

8.

For commercial uses, professional office uses, manufacturing uses, and all other uses not included in items 6 or 7 above, yard requirements shall be as follows:

a.

Along lot lines adjacent to at-grade highway sections, a landscaped buffer of no less than twenty (20) feet shall be provided.

1.

The landscaped buffer shall consist of groundcover or shrubs. Trees shall be provided at a rate of one (1) per twenty-five (25) feet of highway frontage, and may be spaced evenly or planted in groups or clusters.

2.

No buildings; parking areas; storage areas, trash or recycling areas; utility equipment; freestanding signs; communication towers; or other structures may be established within the landscaped buffer, with the exception of one (1) monument sign as set forth in Section 9-5.1907.1.7.J.

b.

Along lot lines adjacent to elevated highway sections, a landscaped buffer of no less than twenty (20) feet shall be provided.

Trees shall be provided at a rate of one (1) tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters, and shall be of a species that will grow tall enough to be visible from the highway.

2.

No freestanding signs or communication towers may be established within twenty (20) feet of the highway right-of-way.

3.

Parking may be allowed within the twenty-foot setback area subject to site plan review.

c.

Yards for areas of the lot other than those specifically addressed in this overlay district shall be as required by the underlying district.

==> picture [360 x 230] intentionally omitted <==

Illustration of possible required landscaped buffers for land uses specified in Section 9-5.1907.1.7.E.4 (wrecking yards, etc.). Unlike other land uses, these uses must provide landscaped buffers along not only the highway frontage, but along ALL lot lines that allow visibility into the site from the highway.

==> picture [288 x 124] intentionally omitted <==

Required Landscaped Buffer for Commercial Use Next to At Grade Highway System

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Required Landscaped Buffer for Commercial Use Next to Elevated Highway Section

Highway Beautification Overlay Yard Requirements*

• For illustrative purposes, only. Refer to text for complete requirements.

F.

Space Between Buildings. Space between buildings shall be as required by the underlying district.

G.

Lot Coverage. Lot coverage shall be as required by the underlying district.

H.

Fences, Hedges, and Walls. Fences, hedges, and walls shall be provided as required by the underlying district, with exceptions noted above.

I.

Off-Street Parking. Off-street parking shall be provided as required by the underlying district.

J.

Outdoor Advertising.

1.

Freestanding Signs.

a.

No freestanding sign shall be erected on lots in which the underlying district prohibits freestanding signs.

b.

On lots in which the underlying district permits freestanding signs, the number of freestanding signs on any lot shall be limited to two (2). One (1) shall be permitted facing the highway, and one (1) shall be permitted facing the street that the lot fronts. On lots that are not adjacent to the highway, only one (1) freestanding sign shall be permitted.

c.

No freestanding sign may be located in the required yard areas described in Section 9-5.1907.1.7.E. As specified, only monument signs shall be permitted in the required yard area.

d.

Sign height shall be as follows:

i.

The maximum permitted height of freestanding signs shall be dependent on the distance that the freestanding sign is set back from the highway and shall be calculated using the following formula: one (1) foot of sign height shall be permitted for every one (1) foot that the sign is set back from the highway, to a maximum height of thirty-five (35) feet.

e.

The maximum permitted area for monument signs in the required yard area shall be sixty (60) square feet.

f.

The maximum permitted area for freestanding signs shall be dependent on the distance that the sign is set back from the highway and shall be calculated using the following formula: three (3) square feet of sign area

shall be permitted for every one (1) foot that the sign is set back from the highway, to a maximum area of two hundred (200) square feet.

2.

Marquee Signs.

a.

No marquee sign shall be erected on lots in which the underlying district prohibits marquee signs.

b.

On lots in which the underlying district permits marquee signs, the number of marquee signs on any lot shall be limited to one (1) marquee sign.

c.

No marquee sign may be located in the required yard areas described in Section 9-5.1907.1.7.E.

d.

Sign height shall be as follows:

i.

The maximum permitted height of marquee signs shall be dependent on the distance that the marquee sign is set back from the highway and shall be calculated using the following formula: one (1) foot of sign height shall be permitted for every one (1) foot that the sign is set back from the highway, to a maximum of one hundred (100) feet in height. All signs not meeting the set back standard are required to obtain a conditional use permit.

ii.

The maximum permitted height of a marquee sign shall be one hundred (100) feet. All signs exceeding one hundred (100) feet in height are required to obtain a conditional use permit.

e.

The maximum permitted area for marquee signs shall be dependent on the distance that the sign is set back from the highway and shall be calculated using the following formula: three (3) square feet of sign area shall be permitted for every one (1) foot that the sign is set back from the highway, to a maximum of five hundred (500) square feet in area. All signs exceeding five hundred (500) square feet in area are required to obtain a conditional use permit.

3.

Wall Signs.

a.

No wall sign shall be erected on lots in which the underlying district prohibits wall signs.

b.

Wall signs shall consist of no more than ten (10) percent of the wall area.

4.

Sign types not addressed in this section shall be as regulated by the underlying district.

5.

Sign characteristics not addressed in this section shall be as regulated by the underlying district.

6.

Nonconforming Signs.

a.

Signs that become nonconforming on or after the effective date of this ordinance but that lawfully existed and were maintained prior to the effective date of this ordinance shall be removed or made to conform within ten (10) years after the effective date of the ordinance. During the interim ten-year period, said nonconforming signs shall be kept in good repair and visual appearance.

b.

Any sign determined to be of historical significance shall be exempt from the removal and conformance requirements of this section.

c.

A nonconforming sign may be required to be removed prior to the ten-year amortization period if it meets any of the following criteria:

i.

The sign was erected or remodeled without first complying with all ordinances and regulations in effect at the time of its construction and installation or use.

ii.

The sign was lawfully erected but its use has ceased, or its owner has abandoned it, for a period of not less than ninety (90) days.

iii.

The sign has been more than fifty (50) percent destroyed, repair of the sign would require more than copy replacement, and the damage cannot be repaired within thirty (30) days of the date of its occurrence.

iv.

The property owner expands or enlarges the building or land use upon which a lawfully erected, nonconforming sign is located and the sign is displaced by the enlargement or remodeling.

v.

The sign is or may become a danger to the public or is unsafe.

7.

Advertising Structures.

a.

Advertising structures that become nonconforming as to location within required landscape setback areas on or after the effective date of this ordinance are subject to the following provisions:

i.

Notwithstanding any other provision of this code, only customary maintenance or use of the structure shall be permitted.

ii.

No addition, structural alteration, modification to, or enlargement, reconstruction, change in use or replacement of, the structure will be permitted, except:

a.

Customary maintenance or use; or

b.

Such alterations or changes that will render the structure conforming in every respect with this code.

iii.

Maintenance, repair, structural alteration, modification, change in use or construction to the structure in any twelve-month period that exceeds fifty (50) percent of the fair market value of the structure immediately prior to such twelve-month period, or increases the basis of such structure to its owner by one hundred (100) percent or more than it was immediately prior to such twelve-month period, shall be considered as reconstruction or replacement, or as exceeding customary maintenance or use. Advertising structures requiring this level of maintenance or repair shall be removed or made to conform in every respect with this code.

iv.

Any nonconforming advertising structure that is permitted to remain pursuant to this section shall be maintained in good repair and visual appearance.

K.

Communication Towers.

1.

Existing communication towers that become nonconforming on or after the effective date of this ordinance are subject to the following provision:

a.

No addition, structural alteration, or enlargement, change in use or replacement of, the structure will be permitted, except for safety requirements or the co-location of additional users.

2.

Communication towers shall be permitted subject to a conditional use permit in the "HB" District unless the underlying district expressly prohibits communication towers.

3.

Each application for a communication tower shall be accompanied by the following:

a.

A signed statement from the applicant indicating their intention to share space on the tower with other providers.

b.

A copy of the lease between the applicant and the landowner. The lease shall contain the following provisions:

i.

The landowner and the applicant shall have the ability to enter into leases with other carriers for colocation.

ii.

The landowner shall be responsible for removal of the communication tower or facility in the event the lessee fails to remove it upon abandonment.

4.

Communication towers must be of a monopole design. Lattice tower and guyed tower communications towers shall not be permitted.

5.

Communication towers may not be located closer than twenty (20) feet to the highway right-of-way.

The maximum permitted height of communication towers shall depend on the distance that the tower is set back from the highway and shall be calculated using the following formula: one (1) foot of height shall be permitted for every one (1) foot the tower is set back from the highway, to a maximum of one hundred fifty (150) feet. A lightning rod, not to exceed ten (10) feet in height, shall not be included within the height limitations.

7.

All new communication towers shall be designed to accommodate no less than two (2) additional providers.

8.

All communication towers shall maintain a galvanized finish, unless camouflaged in some other manner.

9.

New communication towers shall be separated by not less than one thousand five hundred (1,500) feet from existing towers. Communications equipment mounted to existing towers or structures such as light poles, buildings, or water towers, steeples shall not be subject to this requirement.

10.

Mobile or immobile equipment not used in direct support of a communication tower facility shall not be stored or parked on the site of the communication tower unless repairs to the tower are being made.

11.

Accessory uses shall only include such buildings and facilities necessary for transmission functions and satellite ground stations associated with them, but shall not include broadcast studios, offices, vehicle storage areas, or other similar uses not necessary for the transmission function.

12.

All accessory buildings shall be constructed of building materials consistent with the primary use of the site. Building materials for any accessory building shall be subject to the review and approval of the City.

13.

Communication towers shall only be illuminated as required by the Federal Communications Commission and/or the Federal Aviation Administration. Security lighting around the base of the tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights-of-way.

14.

The base of the tower and related equipment shall be screened from view with a solid masonry wall a minimum of six (6) feet in height. A landscaped buffer of no less than five (5) feet shall be provided outside of the screening wall.

Any communication tower not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner shall remove the same within ninety (90) days of a receipt of notice from the City. If such tower is not removed within said ninety (90) days, the City may remove the tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

L.

Architectural Standards. Any building wall visible from the highway shall be detailed and treated equally in terms of appearance to the front of the building.

M.

Utility and Mechanical Equipment. Utility and mechanical equipment such as heating units, air conditioners, antennas, satellite dishes, HVAC units, or similar devices shall be integrated into the design of the building or situated on the site so that they are not visible from the highway. When this is not possible, the equipment shall be screened from view of the highway by a masonry wall or other method acceptable to the City.

N.

Trash and Recycling Areas. Trash and recycling areas shall be situated on the site so that they are not visible from the highway. When this is not possible, the trash and recycling areas shall be screened from view of the highway by a masonry wall or other method acceptable to the City.

O.

Loading Areas. Loading areas shall be situated on the site so that they are not visible from the highway. When this is not possible, the loading areas shall be screened from view from the highway by a masonry wall or other method acceptable to the City.