Fowler Municipal Code § 9-5.305 Effect of District Regulations

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

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

UR (Urban Reserve)

R (One-Family Residential Districts)

RM (Multi-Family Residential Districts)

P (Parking)

C-1 (Neighborhood Commercial)

C-2 (Community Commercial)

C-3 (General Commercial)

C-H (Highway Commercial)

M-1 (Light Industrial)

M-2 (Heavy Industrial)

PUD (Planned Unit Development Overlay District)

Form-Based Code Area

Precise Plan Overlay District

HB Overlay District

The zoning map is attached hereto and made a part of this ordinance with the same force and effect as if the boundaries and information shown on the map were set out and described in this code. This map, together with any additional maps that may be adopted in accordance with this ordinance, shall be known as the Zoning Map of the City of Fowler.

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

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

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

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

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

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

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

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

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

Except as otherwise provided in this code:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Planning and Zoning Consistency Table

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