Fowler Municipal Code § 9-5.1901 Purpose

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.

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.

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.

3. 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.

[Figure: Required Landscaped Buffer for Wrecking Yard Next to At-Grade Highway Section]

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.

[Figure: Required Landscaped Buffer for Wrecking Yard Next to Above Grade Highway Section]

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.

1. 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.

[Figure]

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.

[Figure: Required Landscaped Buffer for Commercial Use Next to At Grade Highway System]

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

[Figure: Required Landscaped Buffer for Commercial Use Next to Elevated Highway Section]

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 co-location.

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.

6. 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.

15. 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.