Fowler Municipal Code Ch. 9.150 General Development Standards

The purpose of this Chapter is to provide general development standards to ensure future development is well designed and integrated with existing development.

The standards of this Chapter apply to multiple zone districts. To eliminate redundancies, these standards have been combined in this Chapter. These standards shall be considered in combination with any additional standards outlined in the individual zones included in Article 3 (Zones).

This Section establishes standards to ensure the provision of open areas around structures for visibility and traffic safety, access to and around structures, access to natural light, ventilation and direct sunlight, separation of incompatible land uses, and space for privacy, landscaping, and recreation. These requirements do not supersede any contained in Title 8 (Building Regulations).

A. Setback Requirements and Measurement. All structures shall conform with the setback requirements established for each zoning district as outlined in Article 3 (Zones), and with any special setbacks established for specific uses by this Title. The nearest wall or post of a structure shall be used to determine the setback measurement. Except as otherwise specified in this Title, required yard areas shall be kept free of buildings and structures. Each yard shall be open and unobstructed from the ground upward, except as provided in this Section. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way.

B. Exemptions from Setback Requirements. The minimum setback requirements of this Title apply to all uses except the following:

1. Fences or walls constructed within the height limitations of this Title.

2. Decks, patios, steps, terraces, and other site design elements that are placed directly upon the finished grade and do not exceed a height of eighteen (18) inches above the surrounding finished grade at any point.

3. Retaining walls less than three (3) feet in height above the finished grade.

4. Water elements, such as fountains, ponds, and other water treatments, may be placed in setback areas, provided they are integral to the overall architectural or landscape design of the site and comply with applicable site distance requirements as outlined in Section 9.150.070 (Intersection Sight Distance).

5. Landscaping features, such as an entry gate or arbor, may be placed in setback areas, provided they are integral to the overall architectural or landscape design of the site and comply with applicable site distance requirements as outlined in Section 9.150.070 (Intersection Sight Distance).

6. Public art, such as sculptures, statues, murals, and other installations of a durable and weatherproof design, may be placed in setback areas along public rights-of-way, provided they complement the overall architectural or landscape design of the site and comply with applicable site distance requirements as outlined in Section 9.150.070 (Intersection Sight Distance).

C. Measurement of Setbacks. Setbacks shall be measured as follows (see Figure 9.150.030-1: Lot Types and Yard Setbacks):

1. Front Yard Setbacks. Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street. The setback shall be measured at right angles from the nearest point of the front property line, establishing a setback line parallel to the front property line that extends from the side property lines on each side.

a. Corner Lots. In the case of a lot abutting two (2) or more streets (corner lot), the front yard shall be the shortest length of the lot abutting a street, unless otherwise designated by the Community and Economic Development Director.

b. Flag Lots. The measurement shall be taken from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel, establishing a building line parallel to the lot line nearest to the public street or right-of-way.

2. Interior Side Yard Setbacks. The interior side yard setback shall be measured at right angles from the nearest point of the interior side property line, establishing a setback line parallel to the side property lines that extends between the front yard setback and rear property line. For lots containing more than four (4) sides, any setback that is not a front, rear, or street side yard setback shall be designated an interior side yard setback.

3. Street Side Yard Setbacks. The side yard on the street side of a corner lot shall be measured at right angles from the nearest point of the side property line adjoining the street, establishing a setback line parallel to the street side property line that extends between the front yard setback and rear property line.

4. Rear Yard Setbacks. The rear yard shall be measured at right angles from the nearest point of the rear property line of the parcel, establishing a setback line parallel to the rear property line that extends between the street side yard and interior side yard setbacks. For lots containing more than four (4) sides, there shall be only one (1) side designated for the rear yard setback, which shall typically be located along the side abutting the rear yard of an adjacent residential property, or as determined by the Director.

5. Through Lots. On through lots, either lot line separating such lot from a street may be designated as the front lot line. The required rear yard setback shall be equal to the required front yard setback.

Figure 9.150.030-1: Lot Types and Yard Setbacks

[Figure]

D. Allowed Projections into Setbacks. The following architectural features, not providing additional floor space, may extend into the front, side, street side, and rear yard setbacks, only as follows and provided they comply with applicable site distance requirements as outlined in Section 9.150.070 (Intersection Sight Distance):

1. Chimneys/Fireplaces. A chimney/fireplace that is attached to the primary structure, up to eight (8) feet in width, may extend a maximum of three (3) feet into a required setback but no closer than three (3) feet to a side or rear property line.

2. Canopies, Cornices, Eaves, Roof Overhangs, and Wall Projections. Architectural features of structures, including, but not limited to, balconies, bay windows, canopies, cornices, eaves, wall projections, overhangs, and decorative features, that do not increase the floor area enclosed by the structure, may extend a maximum of three (3) feet into required yard setbacks but no closer than three (3) feet to a side or rear property line.

3. Porches and pergolas. Porches and pergolas located at the same level as the entrance floor of the primary structure may extend:

a. A maximum of six (6) feet into the required front yard setback. This standard applies only to porches; pergolas are prohibited from being located in a front yard area.

b. A maximum of three (3) feet into the required interior and street side yard setback, provided however that no porch or pergola shall be located nearer than five (5) feet to the side or street side yard property line.

c. A maximum of five (5) feet into the required rear yard setback, provided however that no porch or pergola shall be located nearer than five (5) feet to the rear yard property line.

4. Stairways. External stairways may extend into the required interior side yard, street side yard, and rear yard setback by a maximum of two (2) feet, provided however that a stairway shall not be located within five (5) feet of an interior side or rear yard property line.

5. Mechanical Equipment. Any mechanical equipment, including ground-mounted solar equipment, ground-mounted air conditioning units, electrical or gas meters, fixed equipment such as pool pumps and filters, and similar mechanical equipment may extend a maximum of three (3) feet into the street side yard setback. Any mechanical equipment, including ground-mounted air conditioning units, electrical or gas meters, fixed equipment such as pool pumps and filters, and similar mechanical equipment may be located no less than three (3) feet from a rear property or interior side property line. Mechanical equipment of any kind is not permitted in the front yard setback.

6. Swimming Pools, Spas, Hot Tubs, and Related Features. Swimming pools, spas, hot tubs, and related features such as diving boards, pool slides, rock features, and similar features shall not be located less than five feet from the rear property line. Swimming pools, spas, hot tubs, and related features are not permitted in the front yard, street side yard, or interior side yard setbacks. The water's edge of a swimming pool, spa, hot tub and any associated water slide, rock feature or other structure shall be used to determine setback distance. Pool equipment shall comply with the setback requirements for mechanical equipment in accordance with Subsection (D)(5) of this Section.

The following rules apply to the calculation and determination of height of structures. The intent of these regulations is to provide for consistency in the measurement of building height under a variety of circumstances (e.g., graded site).

A. Height Measurement. The height of a structure shall be measured as the vertical distance from the finished grade at the perimeter of the structure to the highest point of the structure. Height is measured as the vertical distance from the finished grade of the site to an imaginary plane located above and parallel to the finished grade. See Figure 19.150.040-1: Building Height Measurement.

B. Height Exceptions. The following features are excluded from the height limits specified in this Title.

1. Architectural Features. Chimneys, cupolas, flagpoles, monuments, radio and other towers, and similar structures and mechanical appurtenances may be permitted in excess of building height limits by no more than ten (10) feet.

2. Amateur Radio Antennas. Amateur radio antennas may be permitted in excess of building height to allow for sufficient amateur radio service communications in accordance with Government Code section 65850.3, provided, however, that the same may be safely erected and maintained at such height in view of the specific conditions and circumstances affecting the structure and adjacent properties.

Figure 9.150.040-1: Building Height Measurement

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Lot coverage shall be calculated by adding the square footage of each covered structure on a given lot. Lot coverage is measured from exterior wall to exterior wall. The following shall not be used in the calculation for lot coverage:

A. Patios or decks.

B. Playground structures.

C. Outdoor fireplaces.

D. Accessory Dwelling Units.

E. Swimming pools, spas, hot tubs, and related features.

Every structure shall be constructed or placed upon a legally recorded parcel with a permanent means of access to a public street or road, or a private street or road, conforming to City standards. All structures shall be located to provide safe and convenient vehicular and pedestrian access.

A. No structures, features, or projections shall be permitted in the clear sight triangle, except as follows:

1. Structures, features, or projections less than eighteen (18) inches in height.

2. Structures, features, or projections with a clearance height of less than eight (8) feet

B. The clear sight triangle shall be determined by measuring in a horizontal plane along a property line, a specified distance from the intersecting point of two (2) property lines that comprise a ninety-degree (90°) angle and connecting the end points of each measured distance as shown in Figure 9.150.070-1: Clear Sight Triangle. The specified distances to be measured are as follows:

1. For intersections of a major street to a major street, the distance measured shall be thirty (30) feet along each property line.

2. For intersections of a major street to a minor street or local street, the distance measured shall be thirty (30) feet along the major street property line and ten (10) feet along the minor or local street property line.

3. For intersections of a local street to a local street or alley, the distance measured shall be ten (10) feet along each property line.

C. For intersections of a private driveway with a major street, minor street, local street, or alley, the distance measured shall be ten (10) feet along both property lines. Driveways serving a single-family residence are exempt from this requirement.

D. Exemptions. Buildings located in the FBC district are exempt from providing the clear sight triangle required in this Section. Signs, walls, and landscaping in the FBC district shall comply.

Figure 9.150.070-1: Clear Sight Triangle

[Figure]

In addition to the requirements of CBC Section 1030 all bars, grills, grates, or similar devices shall comply with the following:

A. In addition to the requirements of California Building Code (CBC) Section 1030, non-decorative bars, grills, grates, or similar shall not be visible from a public street, not including alleys. Such features shall be included on all permit applications for evaluation by the City in compliance with this Section.

B. Any person who willfully or knowingly, with the intent to deceive, makes a false statement or representation, or knowingly fails to disclose a material fact in any documentation required by the Department to evaluate compliance with this Section, including any oral or written evidence presented, shall be guilty of a misdemeanor.