Fowler Municipal Code Ch. 9.25 Land Use and Development Approval Requirements

The purpose of this Chapter is to establish the general requirements of this Title for the review and approval of proposed development and new land uses in the City.

Except as otherwise provided in this Title, all uses and structures shall be established, maintained, constructed, reconstructed, altered, or replaced in compliance with the following requirements:

A. Allowed Uses. The use of land shall be consistent with the allowed use regulations as follows:

1. Permanent uses. Chapter 9.120 (Residential Zones) through Chapter 9.145 (Overlay Zones) lists the allowed uses and permit requirements for various land uses in each of the City's base zones and overlay zones.

2. Temporary uses. Temporary uses must comply with the requirements of Chapter 9.100 (Temporary Use Permit).

B. Permit and Approval Requirements.

1. No use that requires a permit, or approval of any kind, under the provisions of this Title shall be established or operated until the permit or approval is granted and all required conditions of the permit or approval have been met.

2. No use that requires a permit, or approval of any kind, under the provisions of this Title shall be established or operated in violation of, or contrary to, any of the terms and conditions of the permit or approval.

C. Development Standards. All uses and structures must comply with the development standards described in this Title. In addition:

1. No structure shall be erected, maintained, converted, reconstructed, or altered, nor shall any land be used for any purpose if such structure or use is not allowed in the zone district in which the structure or land is located.

2. No structure shall be erected, maintained, reconstructed, or altered to exceed the height limit or encroach into setback areas for the zone in which the structure is located, unless specifically approved in accordance with the provisions of this Title.

3. No lot area shall be reduced or diminished to such an extent that the yard(s) or other open space(s) will be smaller than required by this Title, unless specifically approved in accordance with the provisions of this Title.

4. Every structure shall be located on a legal lot as defined by this Title.

D. Conditions of Approval. The use of land and the construction of structures authorized by permits or approvals granted by the City in accordance with this Title shall comply with any conditions of approval imposed by the designated approving authority in granting the permit or approval, including any permit or approval that was granted prior to the effective date of this Title or any amendments thereto.

E. Legal Parcel. The use of land or the construction of a new structure shall only be permitted on parcels that have been legally created in compliance with Section 9.30.140 (Subdivisions) of this Title and the Subdivision Map Act as determined by the City Engineer. Legal nonconforming parcels may be used or developed in compliance with Chapter 9.235 (Nonconforming Uses and Structures).

Where this Title requires approval for the use of land, buildings, or structures, it shall only be granted when consistent with the General Plan. In the event of any conflict between this Title and the General Plan, the General Plan shall prevail. In the event this Title becomes inconsistent with the General Plan by reason of an amendment there to or an element thereof, this Title shall be amended within a reasonable time so that it is consistent with the General Plan as amended. A proposed use is consistent with the General Plan when both of the following conditions exist:

A. The proposed use is in conformance with the programs and policies of the General Plan.

B. The proposed use is to be established and maintained in a manner that is consistent with the General Plan and all applicable standards contained therein.

A. The Director may approve minor changes to a previously approved permit at the administrative level if the proposed changes are in substantial conformance with the existing permit and would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity, or intent of the approved project or reduce any requirement intended to mitigate an environmental effect; alter any public improvement or facility or conditions for which other properties or developments may rely; nor have an adverse effect upon public health, safety, or welfare.

B. A substantial conformance determination may include:

1. Structural additions to non-residential projects of less than two hundred (200) square feet. Square footage shall be the aggregate of all proposed structures.

2. Structural additions or alterations to existing residential projects that add no additional units.

3. Changes to off-street parking and circulation configurations which do not reduce the number of required parking spaces.

4. Landscape modifications which do not reduce the number of trees or reduce the amount of plantings.

5. Architectural or exterior material or color changes which do not change the basic form and theme of an existing building, do not change the location of windows or doors, or conflict with the original approved architectural form and theme of an existing building.

6. Other requests similar to the above-listed changes, as determined by the Director.

C. No notice of decision is required for determinations of substantial conformance.

The establishment, operation, construction, or development of uses, properties, and structures shall be subject to all requirements imposed by other sections of this Code or applicable local, State, or federal laws, ordinances, and policies. All applicable permits, licenses, or other approvals including, without limitation, use, building, grading, or other construction permits, and business licenses shall be obtained prior to the start of work or operations. This specifically includes building, grading, or other permits, licenses, or other approvals of the responsible public agencies and service districts. Nothing in this Title eliminates the need for obtaining any other permits required by the City or any permit, approval, or entitlement required by the regulations of any County, regional, special district, State, or federal agency.

City officials are authorized to perform inspections related to permit issuance and other approvals made in accordance with this Title as follows:

A. Pre-approval Inspections. Every applicant seeking a permit or any other approval in compliance with this Title shall allow the City officials handling the application access to any premises or property that is the subject of the application. Reasonable notice shall be provided in advance of a pre-approval inspection by the City.

B. Post-approval Inspections. If the permit or other action in compliance with this Title is approved, the owner or applicant shall allow authorized City officials access to the premises in order to determine compliance with the approved permit and/or any conditions of approval imposed on the permit or approval action.