Fowler Municipal Code Ch. 9.140 Form Based Code

The purpose of this Chapter is to establish a Form Based Code zone district in the City that provides appropriate locations for a mix of both commercial and residential uses. The zone district is consistent with and implements the City's General Plan land use categories by providing sufficient and appropriately located land for commercial and residential uses within central Fowler.

The following description identifies the characteristic uses, intensity of uses, and level of development intended for the zone:

A. Form Based Code Area (FBC). The Form Based Code zone district is intended to foster a vibrant central district within Fowler to achieve the vision set forth in the General Plan. This greater emphasis on physical form is intended to produce attractive and enjoyable public spaces complemented with a mix of uses.

A. Allowed Use Table. Table 9.140.030-1 identifies allowed uses and corresponding approval requirements for the Form Based Code zone district subject to compliance with all other provisions of this Title. Descriptions of the allowed land uses can be found in Article 7 (Definitions) of this Title.

B. Approval Requirements. Where indicated with an "M" the use shall be allowed subject to approval of a Ministerial Plan Review pursuant to Chapter 9.55 (Ministerial Plan Review). Where indicated with a "P" the use shall be a permitted subject to approval of a Site Plan Review pursuant to Chapter 9.85 (Site Plan Review). Where indicated with a "Min C" the use shall be a permitted subject to approval of a Minor Conditional Use Permit pursuant to Chapter 9.35 (Conditional Use Permit). Where indicated with a "Maj C" the use shall be conditionally permitted subject to the approval of a Major Conditional Use Permit pursuant to Chapter 9.35 (Conditional Use Permit). Where indicated with a "—", the use is prohibited within the zone.

C. Additional Requirements. The "Additional Requirements" column in Table 9.140.030-1 identifies the Chapter or Section where additional regulations for that specific use are located within this Title. Uses for which additional requirements are listed shall only be allowed upon satisfaction of the applicable additional requirements. Such additional requirements may allow for review and approval through a process other than noted in Table 9.140.030-1.

D. Unlisted Uses. The Community and Economic Development Director may make a determination pursuant to Chapter 9.80 (Similar Use Determination) that uses not listed in Table 9.140.030-1 which have substantially similar characteristics to a listed allowed use may be permitted or conditionally permitted within one or more zones.

Table 9.140.030-1: Form Based Code — Allowed Uses and Approval Requirements

Notes:

1 Only as an accessory use to a primary use and may not be visible from the street.

2 Limited to roof-mounted solar facilities only.

3 Major C required when more than fifty percent (50%) of the street frontage proposes residential uses on the ground floor, not inclusive of non-habitable residential space such as stairwells.

4 Mobile Food Trucks may be allowed within via a Temporary Use Permit for single events, according to Chapter 9.217.

(Ord. No. 2024-05, § 8, 12-17-2024)

A. Development Standards. Development standards for the Form Based Code zone district are contained in Table 9.140.040-1. These standards shall apply to all parcels within the FBC district, except when altered by the design standards identified in Section 9.140.050 (FBC Commercial Core Design Standards).

Table 9.140.040-1: FBC Development Standards

Notes:

1 Standard in feet unless otherwise noted.

B. Building Footprint. The maximum building footprint for each building shall be twenty thousand (20,000) square feet.

C. Waiver of Off-Street Parking.

1. Parking Exemption Area. Off-street parking shall not be required for buildings located within the Off-Street Parking Exemption Area boundary, as shown in Figure 9.140.040-1: Off-Street Parking Exemption and Parking Reduction Areas.

2. Parking Reduction Area. Off-street parking requirements shall be reduced by fifty percent (50%) within the Off-Street Parking Reduction Area boundary, as shown in Figure 9.140.040-1: Off-Street Parking Exemption and Parking Reduction Areas.

Figure 9.140.040-1: Off-Street Parking Reduction and Parking Exemption Areas

[Figure]

D. Lighting.

1. Exterior lights shall be mounted between six (6) feet and fourteen (14) feet above adjacent grade.

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

E. Shared Facilities.

1. Curb cuts for driveway access shall be limited to no more than one (1) per one hundred fifty (150) feet of street frontage. Shared driveway access shall be required to meet this standard. When driveway access is shared, a cross access agreement shall be required.

2. Waste storage enclosures required pursuant to Chapter 9.190 (Waste Storage Facilities) shall be shared between properties where feasible to minimize the number of storage facilities required. When shared waste storage facilities are shared, a shared use agreement shall be required.

F. Streetscape.

1. Each streetscape shall have street trees planted at an average spacing not greater than thirty (30) feet on center.

2. Streetlights shall be installed in accordance with the City street light standard for downtown.

3. 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 streetscape area, unless below grade.

A. Applicability. The following design standards shall apply only to parcels located within the FBC Commercial Code, as shown in Figure 9.140.050-1: FBC Commercial Core.

Figure 9.140.050-1: FBC Commercial Code

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B. Building Setbacks.

1. Non-residential and mixed-use buildings where residential is located above non-residential uses shall be located within zero (0) feet to five (5) feet of the property line.

2. Residential buildings where residential is located on the first floor facing the street frontage shall be located within five (5) feet to eight (8) feet of the property line.

C. Varied Building Elevations.

1. Non-Residential Elevations. For non-residential or mixed-use buildings where residential is located above non-residential uses, each wall face of each building shall integrate a new and discrete façade design at least every fifty (50) linear feet. Discrete façade designs may include:

a. Varied roof lines.

b. Façade enhancements (e.g., shutters, banding, mixed materials, window and door trims, attic vents).

2. Residential Elevations. For residential buildings where residential is located on the first floor facing the street frontage, the standards of Section 9.120.070, Subsection (B), Building Elevations, shall apply.

3. Public Entrance Insets. Building insets shall be provided to the primary public entrance for each tenant space and shall be a minimum of six (6) feet in width but no more than three (3) feet in depth.

D. Materials. The following materials are permitted:

1. Primary Materials. A minimum of seventy-five percent (75%) of the façade shall be comprised of one of the following primary materials:

a. Brick or tile masonry.

b. Native stone (or synthetic equivalent).

c. Hardie-Plank siding.

d. Stucco (smooth finish).

2. Accent Materials. No more than twenty-five percent (25%) of the façade shall be comprised of accent materials. Accent materials may include any of the following materials:

a. Pre-cast masonry (for trim and cornice elements).

b. Gypsum Reinforced Fiber Concrete (for trim elements).

c. Metal (for beams, lintels, trim elements and ornamentation).

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

E. Roofs and Parapets.

1. Materials. The following roof materials are permitted:

a. Clay or concrete (faux clay).

b. Tile (barrel or flat roman).

c. Slate.

d. Metal.

e. Dimensional asphalt shingles.

2. Roof Pitch. Roof pitches shall be between 2:12 and 10:12. Roofs behind parapet walls are not subject to this standard.

3. Eaves.

a. Eaves and rakes shall overhang a minimum of eighteen (18) inches. This standard shall not apply when a parapet wall is constructed.

b. Cornices and soffits may be a combination of wood, vinyl, or metal.

c. Brackets shall be a minimum of four (4) inches by four (4) inches.

4. Parapets. Parapet walls are allowed only for non-commercial buildings and shall extend around the entire building when used.

F. Windows

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. One (1) specialty window is permitted per tenant space and may be stained, opalescent, or glass block.

c. Window screens shall be black or gray.

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

2. The following requirements apply to all windows:

a. Exterior shutters shall be no more than one-half (0.5) the width of the window and shall be operable.

3. The following requirements apply to all non-residential, ground floor windows, including doors containing glass panes:

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

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

G. Doors. The following requirements apply to all non-residential, ground floor doors:

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

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

3. 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 (45°) angle past the perpendicular from each side of the door.

H. Awnings and Overhangs. When an awning or overhang is incorporated into a building, the following requirements shall be met:

1. Awnings shall maintain a minimum eight-foot and a maximum ten-foot clear height above the sidewalk.

2. Awnings shall be a minimum of six (6) feet in depth extending from the building façade; however, in no such case shall the awning be closer than three (3) feet to the curb face.

3. Materials shall be limited to canvas cloth or equivalent (no shiny or reflective materials), metal, wood, or glass.