Fowler Municipal Code Ch. 9.145 Overlay Zones

The purpose of this Chapter is to establish overlay districts that operate in conjunction with the land use and zoning districts upon which they are mapped to provide special development standards and allowed uses.

A. Overlay Designations. The establishment of or amendment to an overlay district shall be processed in accordance with Chapter 9.110 (Zoning Code/Map Amendment).

B. Conflicting Provisions. Where the uses, regulations, or standards established by an overlay district conflict with provisions of the underlying zoning district, including other provisions of this Title, the uses, regulations, or standards as approved by the overlay district shall apply.

A. Intent and Purpose. The Highway Beautification Overlay District is intended to promote attractive development along Highway 99. The regulations of this overlay district seek to balance the economic health of the community with a visually improved corridor.

B. Applicability.

1. The Highway Beautification Overlay District shall apply to all property within three hundred (300) feet of the outside boundaries of the Highway 99 right-of-way.

2. Any new use or expansion of an existing use approved after the effective date of this ordinance located within the Highway Beautification Overlay District boundaries shall be subject to the provisions of this Section.

C. Allowed Uses. Allowed uses shall be those uses allowed in the underlying zone district.

D. Development Standards. The development standards of the underlying district shall apply to all land and structures within the Highway Beautification Overlay District, except as follows:

1. Landscaping and screening. A minimum 20-foot landscaped setback shall be provided along the Highway 99 right-of-way. One (1) tree shall be planted within the landscape setback for every twenty-five (25) linear feet of parcel frontage directly adjacent to the Highway 99 right-of-way. Trees, shrubs, and other plants within the landscape area shall be of species consistent with the Highway 99 Beautification Master Plan.

2. Signs. The following signs shall be permitted subject to the approval of a Sign Permit and are allowed in addition to those signs allowed within the underlying zone district pursuant to Chapter 9.75 (Signs).

i. Number of freestanding signs. On lots that abut Highway 99 right-of-way, no more than two (2) freestanding signs shall be allowed per parcel. One (1) freestanding sign shall be permitted facing the highway, and one (1) freestanding sign shall be permitted facing the street that the lot fronts. On lots that do not abut Highway 99 right-of-way, only one (1) freestanding sign shall be permitted.

ii. Size of freestanding sign. The maximum permitted area for freestanding signs is three (3) square feet of sign area for every foot the sign is set back from Highway 99 right-of-way, to a maximum of two hundred (200) square feet in area. 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.

iii. Height of freestanding sign. The maximum permitted height of freestanding signs shall be dependent on the distance that the freestanding sign is set back from Highway 99 right-of-way 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.

3. 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.

4. 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.

5. 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.

A. Intent and Purpose. This Section lists all of the adopted Planned Developments established by the City.

B. Applicability. The following Planned Development Overlays have been approved by the City. They are designated on the official Zoning Map of the City and hereby incorporated into this Title in their entirety by reference.

a. R-2/PD-1.

b. R-1-6/PD-2.

C. Allowed Uses and Approval Requirements. The allowed uses and approval requirements of each Planned Development Overlay are adopted by ordinance and shall be maintained and kept on file for public review by the Community Development Department.

D. Development Standards. The standards and conditions of approval of each Planned Development are adopted by resolution and shall be maintained and kept on file for public review by the Community Development Department.