Chapter 17.03 REGULATIONS THAT APPLY IN PRINCIPAL ZONING DISTRICTS

Chapter 17.03
REGULATIONS THAT APPLY IN PRINCIPAL ZONING DISTRICTS

Sections:

17.03.010 Residential estates zoning district (RE).

17.03.011 Residential single-family zoning district (R-1).

17.03.012 Multifamily residential zoning district (R-M).

17.03.020 Neighborhood commercial zoning district (N-C).

17.03.021 Retail commercial zoning district (R-C).

17.03.022 Commercial thoroughfare zoning district (C-T).

17.03.023 Freeway commercial zoning district (FC).

17.03.030 Light industrial zoning district (M-1).

17.03.031 Heavy industrial zoning district (M-2).

17.03.040 Agriculture exclusive zoning district (A-E).

17.03.050 Public facility zoning district (PF).

17.03.010 Residential estates zoning district (RE).

A. Purpose. The purpose of the RE district is to provide for very low-density areas for single-family residences. Such a low-density district is particularly intended to permit a reduction in streets, public utilities, and related public services that is not possible in higher-density residential areas. The range of density classes indicated for RE districts is intended to permit the implementation of the density recommendations of the Fortuna general plan and to permit harmonious development of estate districts of different density characteristics.

B. Principal Permitted Use. One single-family dwelling or mobile home per lot.

C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002:

1. One second residential dwelling per lot, subject to the provisions of FMC 17.06.183;

2. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020;

3. Community care facilities for six or fewer (FMC 17.08.152);

4. Home occupations, subject to the provisions of FMC 17.06.071;

5. Servants’ quarters;

6. Guesthouses, subject to the provisions of FMC 17.06.061;

7. Private garages and parking areas;

8. Garage and yard sales, subject to the provisions of FMC 17.06.060;

9. Public parks, playgrounds, and other public recreational uses;

10. Keeping of not more than eight household pets on each lot, subject to the provisions of FMC 17.06.006;

11. Other accessory uses and buildings customarily appurtenant to a permitted use.

D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 17.07 FMC:

1. Essential services, public and quasi-public storage buildings and uses, not including service centers, storage or repair yards, warehouses, and similar uses;

2. Model homes and temporary sales offices, subject to the provisions of FMC 17.06.124;

3. Country clubs, tennis clubs, and golf courses;

4. Community care facilities with seven or more (FMC 17.08.152);

5. Child care facilities with nine or more children, subject to the provisions of FMC 17.06.020.

E. Height Regulations. No principal building shall exceed 30 feet in height and no accessory building shall exceed 15 feet in height, except as provided for in FMC 17.05.070. Exceptions to the height standard for an accessory building allowing a maximum height of 30 feet may be granted through a use permit.

F. Lot Standards, Yards, and Floor Area Ratio. The following minimum requirements shall be observed, subject to the provisions of FMC 17.05.240 and Chapter 17.06 FMC, except where increased for conditional uses:

District	Net Lot Area (Sq. Ft.)	Lot Depth (Ft.)	Lot Width (Ft.)	Minimum Depth or Width in Feet of Required Yards
District	Net Lot Area (Sq. Ft.)	Lot Depth (Ft.)	Lot Width (Ft.)	Front	Side	Total for Two Side	Rear
RE-43	43,560	140	150	40	20	45	40
RE-20	20,000	120	100	30	15	35	30

1. Nonresidential use floor area ratio shall not exceed 0.10 in the RE-43 district, or 0.30 in the RE-20 district;

2. In the RE-20 district, the side yard adjacent to the street of a corner lot shall be not less than 20 feet, and the total of the two side yards shall be not less than 30 feet.

G. Other Regulations.

1. Off-street parking shall be required for all uses, as provided in FMC 17.05.140;

2. Signs shall comply with all provisions of FMC 17.05.180. (Ord. 2011-692 § 2 (Exh. A)).

17.03.011 Residential single-family zoning district (R-1).

A. Purpose. The purpose of the R-1 district is to provide areas where existing single-family dwellings may be protected and to encourage the development of new neighborhoods of single-family dwellings. The R-1 district is intended to accommodate groups of single-family homes, together with the schools, parks, open spaces, and other public services required for a satisfactory family environment. The range of density classes indicated for the R-1 district is intended to permit the implementation of the density ranges in Fortuna’s general plan and to permit harmonious development of residential districts of different density characteristics.

B. Principal Permitted Use. One single-family dwelling or mobile home per lot.

C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002:

1. One second residential dwelling per lot, subject to the provisions of FMC 17.06.183;

2. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020;

3. Community care facilities for six or fewer (FMC 17.08.152);

4. Home occupations, subject to the provisions of FMC 17.06.071;

5. Guest rooms for not more than two persons in any single-family dwelling;

6. Servants’ quarters;

7. Guesthouses, subject to the provisions of FMC 17.06.061;

8. Garage and yard sales, subject to the provisions of FMC 17.06.060;

9. Public parks, playgrounds, and other public recreational uses;

10. Keeping of not more than four household pets on each lot, subject to the provisions of FMC 17.06.006;

11. Other accessory uses and buildings customarily appurtenant to a permitted use.

D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 17.07 FMC:

1. Essential services, public and quasi-public storage buildings and uses, not including service centers, storage or repair yards, warehouses, and similar uses;

2. Model homes and temporary sales offices, subject to the provisions of FMC 17.06.124;

3. Community care facilities with seven or more (FMC 17.08.152);

4. Child care facilities with nine or more children, subject to the provisions of FMC 17.06.020;

5. Principal permitted uses in the neighborhood commercial (N-C) zoning district: (FMC 17.03.020).

District	Net Lot Area (Sq. Ft.)	Lot Depth (Ft.)	Lot Width (Ft.)	Lot Coverage (Max %)	Minimum Depth or Width in Feet of Required Yards
R1-10	10,000	100	80	35	30	7	20	25
R1-6	6,000	60	60	35	20	5	10	15

District

Net Lot Area (Sq. Ft.)

Lot Depth (Ft.)

Lot Width (Ft.)

Lot Coverage (Max %)

Minimum Depth or Width in Feet

of Required Yards

Front

Side

Total for Two Side

Rear

R1-10

10,000

100

R1-6

6,000

1. Nonresidential use floor area ratio shall not exceed 0.30 in the R1-10 districts, or 0.50 in the R1-6 district.

G. Other Regulations.

1. Off-street parking shall be required for all uses, as provided in FMC 17.05.140.

2. Signs shall comply with all provisions of FMC 17.05.180. (Ord. 2011-692 § 2 (Exh. A)).

17.03.012 Multifamily residential zoning district (R-M).

A. Purpose. The RM district is intended to be applied in areas of the city where it is reasonable to permit and protect medium-high density apartment, townhouse, and condominium development. The RM district is intended to be applied in existing medium-high density areas, as well as other developed areas to encourage higher-density development and in undeveloped areas to allow for large-scale development projects.

B. Principal Permitted Use. Multifamily dwelling units. Projects requesting deviation from the Objective Planning Standards for Mixed-Use Residential and Multifamily Development, adopted pursuant to Resolution 2023-26 or as later amended by the city council (hereinafter the “multifamily design standards”), are subject to design review approval, pursuant to the provisions of Chapter 17.07 FMC.

C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002:

1. One second residential dwelling per lot, subject to the provisions of FMC 17.06.183;

2. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020;

3. Community care facilities for six or fewer (FMC 17.08.152);

4. Home occupations, subject to the provisions of FMC 17.06.071;

5. Private garages and parking areas;

6. Garage and yard sales, subject to the provisions of FMC 17.06.060;

7. Keeping of not more than two household pets on each lot, subject to the provisions of FMC 17.06.006;

8. Public parks, playgrounds, and other public recreational uses;

9. Other accessory uses and buildings customarily appurtenant to a permitted use.

D. Conditional Uses. Subject to securing a use permit, and design review approval with the exception of single-family dwellings pursuant to the provisions of Chapter 17.07 FMC:

1. Rest homes;

2. Hospital offices;

3. Community care facilities with seven or more (FMC 17.08.152);

4. Bed-and-breakfast inns, subject to the provisions of FMC 17.06.010;

5. Mobile home parks, subject to the provisions of FMC 17.06.123;

6. Child care facilities with nine or more children, subject to the provisions of FMC 17.06.020;

7. Single-family dwellings;

8. Principal permitted uses in the neighborhood commercial (N-C) zoning district: (FMC 17.03.020).

E. Height Regulations. Maximum height limit, except as provided for in FMC 17.05.070:

1. One foot in building height for every foot of setback from any property line adjacent to developed single-family areas or undeveloped single-family districts, up to a maximum of the lesser of 40 feet or three stories;

2. Two feet in building height for every foot of setback from any property line adjacent to developed two-story single-family areas, up to a maximum of the lesser of 40 feet or three stories.

Minimum Net Lot Area (Sq. Ft.)	Lot Width (Ft.)	Minimum Lot Depth	Minimum Depth or Width in Feet of Required Yards
Minimum Net Lot Area (Sq. Ft.)	Lot Width (Ft.)	Minimum Lot Depth	Front	Side	Rear	Public Street
10,000	80	3 times lot width	20	5	10	10

1. Minimum net lot area may be reduced under the planned development provisions in FMC 17.07.080;

2. Minimum lot width may be reduced under the planned development provisions in FMC 17.07.080;

3. Zero Lot Line Option. All or part of the setback and height requirements of interior yards along property lines adjoining other private lots may be waived with the written permission of the property owner of the private lot adjoining the yard that is being encroached upon. Such written permission shall take the form of a zero lot line option agreement that shall be recorded on the chain of title of the adjoining property being affected.

The zero lot line option agreement shall describe the extent of such waiver. All construction utilizing this option shall be subject to design review approval. All Uniform Building Code requirements resulting from the use of an interior setback of less than the normal zone requirements shall be met by the construction. In no case shall a zero lot line option be approved that would prevent emergency access to all portions of the lot;

4. Nonresidential use floor area ratio shall not exceed 0.60, and the mixed-use floor area ratio shall not exceed 0.80.

G. Other Regulations.

1. Required Open Space. At least 40 percent of the area of a lot shall be open space, not covered by buildings, parking spaces, or driveways, as provided in accordance with FMC 17.05.141. This standard shall apply to all residential multifamily developments. This standard may be reduced or modified for any other use in the RM zone, as approved by the planning commission through the conditional use permit process.

2. Covered Parking and Storage Area. Covered parking shall be provided in accordance with FMC 17.05.140. In lieu of covered parking, enclosed, lockable storage areas at least six feet in height may be provided on the following per unit basis:

1 bedroom	12 square feet
2 bedroom	21 square feet
3 bedroom	30 square feet

3. Off-Street Parking. Off-street parking shall be required for all uses, as provided in accordance with FMC 17.05.140.

4. Landscaping and Screening. At least 20 percent of the lot shall be landscaped and screened, as prescribed in FMC 17.05.110. This standard applies only to subdivisions of land completed after December 17, 1990, or to larger lots as determined by the zoning administrator. The amount of landscaping and screening for smaller lots created prior to December 17, 1990, shall be determined by the planning commission.

5. Review Procedures. As prescribed in Chapter 17.07 FMC.

6. Signs shall comply with all provisions of FMC 17.05.180. (Ord. 2023-764 § 4 (Exh. A); Ord. 2014-712 § 1 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).

17.03.020 Neighborhood commercial zoning district (N-C).

A. Purpose. The purpose of the N-C district is to provide locations for convenience retail shopping facilities and services adequate to supply the daily needs of residential neighborhoods of Fortuna. The N-C district shall be established in accordance with the local service commercial or boulevard commercial designations of the Fortuna general plan or any applicable area plan, where analysis of residential population demonstrates that such facilities are required.

B. Principal Permitted Uses.

1. Professional offices;

2. Antique, art, music, and hobby stores;

3. Cleaning and dyeing establishments;

4. Dry goods stores;

5. Food stores;

6. Household appliance, radio, and TV repair establishments (small scale);

7. Restaurants seating less than 100 persons, including service of alcoholic beverages at tables and a bar;

8. Sporting goods stores;

9. Barber and beauty shops;

10. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020 (where a use permit is obtained for the residential use prior to establishment of the child day care facility);

11. Community care facilities for six or fewer (FMC 17.08.152) (where a use permit is obtained for the residential use prior to establishment of the community care facility);

12. Bed-and-breakfast inns;

13. Multifamily dwelling units having the density, open space, and setback requirements of the R-M zone, each in a manner consistent with the multifamily design standards.

C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002:

1. Public parks, playgrounds, and other public recreational uses;

2. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities.

D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 17.07 FMC:

1. Single-family dwellings;

2. Mobile home parks, subject to the provisions of FMC 17.06.123;

3. Child care facilities with nine or more children, subject to the provisions of FMC 17.06.020;

4. Public and quasi-public buildings and uses, not to include service centers, storage or repair yards, warehouses, or similar uses;

5. Community care facilities for seven or more (FMC 17.08.152);

6. Service stations, subject to the provisions of FMC 17.06.184;

7. Social halls and nonprofit clubs, subject to the requirements of FMC 17.06.185;

8. Plant nurseries;

9. Shopping centers, which are subject to all three of the following:

a. Minimum size of one acre; and

b. Placement of the design control combining of -D zone on the entire project site; and

c. Approval of the final site plan by the city council, after review by the planning commission;

10. Special schools;

11. Mobile food vending.

E. Height Regulation. The maximum building height shall be 35 feet, except as provided for in FMC 17.05.070.

Minimum Net Lot Area (Sq. Ft.)	Minimum Lot Width (Ft.)	Minimum Depth or Width in Feet of Required Yards
Minimum Net Lot Area (Sq. Ft.)	Minimum Lot Width (Ft.)	Front	Side	Rear
2,000	25	None, except that where frontage is in a block that is partially in an R zone, the front yard shall be the same as that required in such R zone.	None, except that a side yard of an interior lot abutting an R zone shall be not less than the front yard required in such R zone.	15, except where a rear yard abuts on an alley, such rear yard may be not less than five feet. Exceptions to this requirement may be granted through a use permit.

1. Floor area ratio shall not exceed 0.35.

G. Other Regulations.

1. Off-street parking shall be required for all uses, as provided in FMC 17.05.140.

2. Landscaping. All parts of the required front yard except the area used for walks and driveways shall be landscaped as prescribed in FMC 17.05.110.

3. Indoor Uses. All uses shall be conducted wholly within a completely enclosed building, except for service stations, off-street parking and loading facilities, plant nurseries, mobile food vending, newspaper stands, ice machines, and kindred uses. Except for nursery stock and the farmers’ market, all merchandise shall be stocked indoors. Goods for sale shall consist primarily of new merchandise and shall be sold at retail on the premises, except for occasional sidewalk or parking lot sales.

4. Pre-existing nonconforming uses as determined by the planning commission shall be exempt from subsection (C) of this section. A list of pre-existing, nonconforming uses shall be prepared by the planning commission and placed on file in the office of the city clerk.

5. If the commercial use for any parcel changes from its current use, the new use must conform with the existing zoning and parking requirements.

6. Signs shall comply with all provisions of FMC 17.05.180.

7. Design review procedures as prescribed in FMC 17.07.100. (Ord. 2023-764 § 4 (Exh. A); Ord. 2014-707 § 1 (Exh. A); Ord. 2011-693 § 2 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).

17.03.021 Retail commercial zoning district (R-C).

A. Purpose. The purpose of the R-C district is to stabilize, improve, and protect the commercial characteristics of the retail business district of the city. The R-C district is intended to provide a complete and intensive commercial center in the downtown commercial area.

B. Principal Permitted Uses.

1. Art, music, and hobby stores;

2. Business administration offices;

3. Business service establishments;

4. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020 (where a use permit is obtained for the residential use prior to establishment of the child day care facility);

5. Community care facilities for six or fewer (FMC 17.08.152) (where a use permit is obtained for the residential use prior to establishment of the community care facility);

6. Department stores;

7. Dry goods stores;

8. Financial institutions;

9. Furniture and appliance stores;

10. Hotels and nonprofit clubs;

11. Miscellaneous retail stores;

12. Motion picture and live theaters, concert halls, and assembly halls;

13. Professional offices;

14. Recreation and sports stores;

15. Restaurants including bars, dancing and entertainment;

16. Special schools;

17. Bed-and-breakfast inns, subject to the provisions of FMC 17.06.010;

18. Multifamily dwelling units having the density, open space, and setback requirements of the R-M zone, each in a manner consistent with the multifamily design standards.

C. Permitted Accessory Uses. Accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of FMC 17.06.001 and 17.06.002.

D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 17.07 FMC:

1. Automobile rental agencies, commercial parking lots and parking structures, and service stations subject to the provisions of FMC 17.06.184;

2. Automotive services, general;

3. Child care facilities with nine or more children, subject to the provisions of FMC 17.06.020;

4. Commercial recreation facilities subject to the following:

a. Ingress and egress shall be at least 20 feet from any property line;

b. Landscape and screening provisions of FMC 17.05.110 shall be followed;

5. Community care facilities for seven or more (FMC 17.08.152);

6. Contractors’ shops and yards;

7. Food stores;

8. Major retail development, subject to the provisions of FMC 17.06.120;

9. Mortuaries, crematories, and columbaria;

10. Plant nurseries;

11. Shopping centers, which are subject to all three of the following:

a. Minimum size of two acres, including adjacent and associated lots developed, managed, or owned by the same party, which may or may not be enjoying joint reciprocal parking and/or access; and

b. Placement of the -D design control combining zone on the entire project site; and

c. Approval of the final site plan by the city council after review by the planning commission;

12. Warehousing and wholesaling;

13. Single-family dwellings.

E. Height Regulations. No building or structure shall exceed 48 feet in height, except as provided in FMC 17.05.070.

Minimum Net Lot Area (Sq. Ft.)	Lot Coverage (Max %)	Minimum Depth or Width in Feet of Required Yards
Minimum Net Lot Area (Sq. Ft.)	Lot Coverage (Max %)	Front	Side	Rear
2,000	100	None	None, except when abutting an R district, then not less than 15 feet.	None, except when abutting an R district, then not less than 15 feet. Exceptions may be granted through a use permit.

1. Nonresidential floor area ratio shall not exceed 1.0, except that the floor area ratio for a mixed use shall not exceed 2.0.

G. Other Regulations.

1. Off-Street Parking. Off-street parking shall be required for all uses, as provided in FMC 17.05.140.

2. Landscaping. All undeveloped parts of the lot shall be landscaped, as prescribed in FMC 17.05.110.

4. Pre-existing nonconforming uses as determined by the planning commission shall be exempt from subsection (C) of this section. A list of said pre-existing, nonconforming uses shall be prepared by the planning commission and placed on file in the office of the city clerk.

5. If the commercial use for any parcel changes from its current use, the new use must conform to the existing zoning and parking requirements.

6. Commercial and industrial uses are subject to review under FMC 17.07.100, Design Review, with the exception that noticing property owners within 300 feet of the property as specified in FMC 17.07.100(H), Notice, shall not be required.

7. Signs shall comply with all provisions of FMC 17.05.180. (Ord. 2023-764 § 4 (Exh. A); Ord. 2011-693 § 2 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).

17.03.022 Commercial thoroughfare zoning district (C-T).

A. Purpose. The purpose of the C-T district is to provide for retail, wholesale, highway, and heavy commercial uses, along with amusement, transient residential, warehousing and distribution, maintenance, repair, and servicing activities. C-T districts are to be established in zones of two acres or larger and shall be located only in the immediate vicinity of arterial streets, freeways, or the service/frontage drives thereof.

B. Principal Permitted Uses.

1. Automotive services, general;

2. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020 (where a use permit is obtained for the residential use prior to establishment of the child day care facility);

3. Commercial recreation facilities, such as swimming pools, bowling alleys, skating rinks, and dance halls;

4. Community care facilities for six or fewer (FMC 17.08.152) (where a use permit is obtained for the residential use prior to establishment of the community care facility);

5. Convenience markets, not to exceed 3,000 square feet in gross floor area;

6. Food stores with at least 3,000 square feet of gross floor area;

7. Motels;

8. Offices;

9. Plant nurseries, greenhouses, and fruit stands;

10. Restaurants, including bars, dancing, and entertainment;

11. Restaurants, drive-in;

12. Retail shops for sale of auto parts and accessories, souvenirs, curios, and other similar products, primarily to serve the touring public;

13. Bed-and-breakfast inns, subject to the provisions of FMC 17.06.010.

14. Emergency homeless shelters in the areas shown on the homeless shelters zoning maps (Exhibit C attached to Ordinance 2012-698).

C. Permitted Accessory Uses. Accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of FMC 17.06.001 and 17.06.002.

D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 17.07 FMC:

1. Auto body, fender, and radiator shops;

2. Ambulance service, mortuary, crematorium, or columbarium;

3. Child care facilities with nine or more children, subject to the provisions of FMC 17.06.020;

4. Community care facilities with seven or more (FMC 17.08.152);

5. Commercial stables;

6. Contractors’ shops and yards;

7. Live theater;

8. Equipment rental and storage;

9. Light service industries, as defined by resolution of the city council;

10. Major retail development, subject to the provisions of FMC 17.06.120;

11. Mobile home parks, subject to the provisions of FMC 17.06.123;

12. Public and quasi-public buildings and uses, including corporation yards, warehouses, and similar uses;

13. Recreational vehicle parks, subject to FMC 17.06.170;

14. Residential uses that conform with the density, open space and setback requirements of the RM zone, subject to design review under Chapter 17.07 FMC, with the exception of single-family dwellings;

15. Shopping centers, which are subject to all four of the following:

a. Minimum size of two acres, including adjacent and associated lots developed, managed, or owned by the same party, which may or may not be enjoying joint reciprocal parking and/or access; and

b. Placement of the -D design control combining zone on the entire project site; and

c. Approval of the final site plan by the city council after review by the planning commission; and

d. All principal permitted uses allowed in the R-C zone;

16. Veterinary facilities, subject to the provisions of FMC 17.06.210;

17. Secondhand stores;

18. Warehousing and wholesaling, when completely enclosed inside a building;

19. Mobile food vending.

E. Height Regulations. No building or structure shall exceed 48 feet in height, except as provided in FMC 17.05.070.

Minimum Net Lot Area (Sq. Ft.)	Minimum Lot Width	Minimum Depth or Width in Feet of Required Yards
Minimum Net Lot Area (Sq. Ft.)	Minimum Lot Width	Front	Side	Rear
6,000	60	15	None, except when abutting an R district, then not less than 15 ft.	10, except when abutting an R district, then not less than 20 feet. Exceptions may be granted through a use permit.

1. Nonresidential floor area ratio shall not exceed 0.8, except that the floor area ratio for a mixed use shall not exceed 2.0.

G. Other Regulations.

1. Off-Street Parking. Paved off-street parking and loading facilities shall be required for all principal permitted, accessory, and conditional uses, subject to the provisions of FMC 17.05.140.

2. Landscaping. All portions of the required front yard not used for access shall be landscaped, in accordance with FMC 17.05.110.

3. Indoor Use. All uses shall be conducted wholly within a completely enclosed building, except for service stations, off-street parking and loading facilities, plant nurseries, newspaper stands, ice machines, and kindred uses. Except for nursery stock, all merchandise shall be located indoors. Goods for sale shall consist primarily of new merchandise and shall be sold at retail on the premises, except for occasional sidewalk or parking lot sales. Pre-existing nonconforming uses as determined by the planning commission shall be exempt from this subsection. A list of said pre-existing, nonconforming uses shall be prepared by the planning commission and placed on file in the office of the city clerk.

4. Shopping Centers. In a shopping center, not less than two percent of the parking area shall be landscaped and maintained, of which not more than one percent may be placed at any one location. The periphery of the site qualifies as a single location. In a shopping center, the provisions of FMC 17.05.140(D) do not apply. Automobile parking spaces shall be provided at the rate of four and three-tenths parking spaces for each 1,000 square feet of gross leasable floor area. All other provisions of FMC 17.05.140 shall apply to shopping centers.

5. If the commercial use for any parcel changes from its current use, the new use must conform with the existing zoning and parking requirements.

6. Signs shall comply with all provisions of FMC 17.05.180.

7. Design review procedures as prescribed in FMC 17.07.100. (Ord. 2014-707 § 1 (Exh. A); Ord. 2012-698 § 1 (Exh. A); Ord. 2011-693 § 2 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).

17.03.023 Freeway commercial zoning district (FC).

A. Purpose. The FC district is intended to be applied in areas of the city where it is reasonable to permit and protect commercial development that primarily serves the traveling public. This zone classification is intended to be applied only to areas that can be viewed from Highway 101.

B. Principal Permitted Uses. Subject to design review approval pursuant to Chapter 17.07 FMC:

1. Automobile service stations;

2. Recreation, commercial;

3. Convenience stores less than 5,000 square feet in size;

4. Motels and hotels;

5. Recreational vehicle parks;

6. Automobile-related uses in the FC zone as follows:

a. Shops and garages for the repair, sale or rental of new and used cars, trucks, trailers, recreational vehicles, agricultural and construction equipment, motorcycles, and off-road vehicles;

b. Gasoline service stations;

c. Tire shops, sales and installation;

d. Auto washing, polishing, and detailing shops in conjunction with a principally permitted use;

e. And any other establishment of a similar nature but not including auto wrecking or the storage or sale of used parts;

7. Restaurants;

8. General retail.

C. Permitted Accessory Uses. Accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of FMC 17.06.001 and 17.06.002.

D. Conditional Uses. Subject to securing a use permit and design review approval pursuant to the provisions of Chapter 17.07 FMC:

1. Public buildings;

2. Public uses;

3. Light service industries, in conjunction with a principally permitted use;

4. Offices, in conjunction with a principally permitted use;

5. Warehouses, in conjunction with a principally permitted use;

6. Auto body and paint shops, in conjunction with a principally permitted use;

7. Stores for the sale of new auto parts supplies and accessories, in conjunction with a principally permitted use;

8. Mobile food vending.

E. Height Regulations. No building or structure shall exceed 48 feet in height, except as provided in FMC 17.05.070.

Minimum Net Lot Area (Sq. Ft.)	Minimum Lot Width	Maximum Lot Depth	Minimum Depth or Width in Feet of Required Yards
Minimum Net Lot Area (Sq. Ft.)	Minimum Lot Width	Maximum Lot Depth	Front	Side	Rear	Public Street
12,000	80	3 times lot width	15	5	10	10

1. Nonresidential floor area ratio shall not exceed 0.65.

G. Other Regulations.

1. Off-Street Parking. Off-street parking shall be required for all uses, as provided in FMC 17.05.140;

2. Landscaping and Screening. The front, side, and rear yards shall be landscaped in accordance with FMC 17.05.110. The screening standards under FMC 17.05.110 and any specific plan shall apply to all development;

3. Open Space. Parking is not permitted in yards;

4. Driveways. Each lot shall be allowed a maximum of two driveways, unless more are permitted under design review;

5. Indoor Use. All uses shall be conducted wholly within a completely enclosed building or a screened area, except for service stations, off-street parking and loading facilities, newspaper stands, and automobile sales;

6. Signs. Signs in the FC zone are exempt from the sign standards under FMC 17.05.180. Signs shall be subject to design review under Chapter 17.07 FMC;

7. Signs shall comply with all provisions of FMC 17.07.100;

8. Review Procedures. As prescribed in Chapter 17.07 FMC. (Ord. 2019-734 § 1 (Exh. 1); Ord. 2011-693 § 2 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).

17.03.030 Light industrial zoning district (M-1).

A. Purpose. The purpose of the M-1 district is to provide for the establishment of areas where light manufacturing, wholesaling, storage, and transfer functions can serve the community’s need for industrial activities not offensive to nearby commercial and residential uses. The M-1 zone is consistent with the industrial land use designation of the Fortuna general plan.

B. Principal Permitted Uses.

1. Any manufacturing, processing, assembling, contracting, repair, office, research, transportation, transfer, storage, wholesale, or administrative use, except those listed in FMC 17.03.031(C) and (D);

2. Emergency homeless shelters in the areas shown on the homeless shelters zoning maps (Exhibits B-1, B-2 and C attached to Ordinance 2012-698).

3. Short-order convenience grocery markets with a gross floor area not to exceed 3,000 square feet;

4. Public buildings.

C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002:

1. Incidental services such as cafeterias to serve employees, when conducted in an enclosed building and entered from within the site, and mobile food vending;

2. Other accessory uses and buildings customarily appurtenant or appropriate to a permitted use.

D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 17.07 FMC:

1. Animal hospitals and kennels;

2. Animal feed and sales yards;

3. Automobile salvage and wrecking operations and metal and waste rag, glass, and paper salvage operations; provided, that all operations are conducted behind a solid screen not less than six feet in height;

4. Living quarters that conform to the required yard setbacks of the R1-10 District (FMC 17.03.011) and which may include mobile homes for security guards, caretakers, watchmen, or similar employees of a principal permitted use;

5. Stockyards and slaughterhouses;

6. Any other use that is of the same general character as the above conditional uses.

E. Height Regulations.

1. No building shall exceed a height of four stories, not to exceed 48 feet; except as provided by FMC 17.05.070.

2. Within 200 feet of the boundary of any R district, no building or structure shall exceed the maximum height permitted in such adjoining R district.

3. Within the area covered by the Rohnerville Airport zoning ordinance, no building or structure shall exceed the height limitation established by that ordinance, or the airport land use commission.

F. Lot Standards, Yards, and Floor Area Ratio. The following minimum requirements shall be observed except where increased for a conditional use and subject to FMC 17.05.240 and Chapter 17.06 FMC.

Minimum Net Lot Area (Sq. Ft.)	Lot Coverage (Max. %)	Minimum Depth or Width in Feet of Required Yards
Minimum Net Lot Area (Sq. Ft.)	Lot Coverage (Max. %)	Front	Side	Rear
10,000	60	20	10 feet, except when adjoining an R district designated for future residential development in the Fortuna general plan, then not less than 50 feet.	50 feet; may be reduced to 20 feet by conditional use permit.

1. Pumps dispensing fuel directly into a motor vehicle shall maintain the setbacks required in FMC 17.06.184.

2. Watchmen or caretaker residential units shall meet the setbacks of FMC 17.03.011(F).

3. Nonresidential floor area ratio shall not exceed 0.35.

G. Other Regulations.

1. Off-street parking shall be required for all uses, as provided in FMC 17.05.140.

2. Signs shall comply with all provisions of FMC 17.05.180.

3. Design review procedures as prescribed in FMC 17.07.100. (Ord. 2014-707 § 1 (Exh. A); Ord. 2012-698 § 1 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).

17.03.031 Heavy industrial zoning district (M-2).

A. Purpose. The purpose of the M-2 district is to provide appropriate sites for manufacturing and processing uses that, by their nature, require locations buffered from other uses so as not to create nuisances or have deleterious effects upon neighboring properties.

B. Principal Permitted Uses.

1. Any manufacturing, processing, assembling, contractors’ offices, research, wholesale, or storage use is permitted that is not otherwise prohibited in the statutes of the state or the municipal ordinances of the city;

2. Public and quasi-public buildings and uses.

C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002:

1. Incidental services such as cafeterias to serve employees, when conducted in an enclosed building and entered from within the site, and mobile food vending;

2. Other accessory uses and buildings customarily appurtenant or appropriate to a permitted use.

D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 17.07 FMC.

1. Living quarters, which may include mobile homes for security guards, watchmen, caretakers, or similar employees of a principal permitted use.

E. Height Regulations. No building or structure shall exceed a height of 48 feet, except as follows:

1. Within 200 feet of the boundary of any R district, no building or structure shall exceed the maximum height permitted in such adjoining R district.

2. Within the area covered by the Rohnerville Airport zoning ordinance, no building or structure shall exceed the height limitation established by that ordinance or the airport land use commission.

3. As provided by FMC 17.05.070.

F. Lot Standards, Yards, and Floor Area Ratio. The following minimum requirements shall be observed, except where imposed or increased for a conditional use, and subject to the provisions of FMC 17.05.240 and Chapter 17.06 FMC.

Minimum Net Lot Area (Sq. Ft.)	Lot Coverage	Minimum Depth or Width in Feet of Required Yards
Minimum Net Lot Area (Sq. Ft.)	Lot Coverage	Front	Side	Rear
20,000	No requirements	20	10, except when adjoining an R district designated for future residential development in the Fortuna general plan, then not less than 50 feet.	50; may be reduced to 20 feet by conditional use permit.

1. Nonresidential floor area ratio shall not exceed 0.35.

G. Other Regulations.

1. Performance Standards. All uses shall be subject to initial and continued compliance with performance standards set forth by the city.

2. Off-Street Parking. Off-street parking and loading facilities shall be required for all uses, as provided in FMC 17.05.140.

3. Landscaping. All portions of the required front yard not used for access shall be landscaped in accordance with the standards of FMC 17.05.110.

4. Signs shall comply with all provisions of FMC 17.05.180. (Ord. 2011-693 § 2 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).

17.03.040 Agriculture exclusive zoning district (A-E).

A. Purpose. The A-E district is intended to be applied in fertile areas in which agriculture is and should be the desirable predominant use and in which the protection of this use from encroachment of incompatible uses is essential to the general welfare. The regulations of this chapter shall apply in all A-E zones.

B. Principal Permitted Uses.

1. One single-family dwelling per lot;

2. Farm dwellings, nurseries, greenhouses, and roadside stands;

3. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020;

4. Community care facilities for six or fewer (FMC 17.08.152);

5. All general agricultural uses, except those specified in subsection (D) of this section;

6. Agricultural employee housing with no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household, or that is approved pursuant to Section 17021.8 of the Health and Safety Code.

C. Permitted Accessory Uses. Accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of FMC 17.06.001 and 17.06.002.

D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 17.07 FMC:

1. Hog farms, turkey farms, frog farms, and fur farms;

2. Animal feed yards and sales yards;

3. Agricultural and timber products processing plants;

4. Rental and sales of irrigation equipment and storage incidental thereto;

5. Animal hospitals;

6. Child care facilities with nine or more children, subject to the provisions of FMC 17.06.020;

7. Community care facilities for seven or more (FMC 17.08.152);

8. Labor camps and labor supply camps, excluding principally permitted agricultural employee housing.

E. Height Regulations. Subject to the provisions of FMC 17.05.070 and Chapter 17.06 FMC.

F. Lot Standards, Yards, and Floor Area Ratio. The following shall apply in A-E zones:

Minimum Net Lot Area	Minimum Lot Width (Ft.)	Lot Coverage (Max %)	Depth or Width in Feet of Required Yards
Minimum Net Lot Area	Minimum Lot Width (Ft.)	Lot Coverage (Max %)	Front	Rear	Side
Four acres	100	35	30	20	10% of the lot width on each side, but not more than 20 feet shall be required.

1. Farm outbuildings shall not be less than 20 feet from any dwelling unit on the premises.

2. Nonresidential floor area ratio shall not exceed 0.10.

G. Other Regulations.

1. No subdivision or residential developments, whether by official map, record, or survey or recorded subdivision, shall be permitted in A-E zones.

2. Signs shall comply with all provisions of FMC 17.05.180.

H. Agricultural Employee Housing. Agricultural employee housing shall comply with the following:

1. Location. Agricultural employee housing may, but is not required to, be developed or provided by the employer, or located on the same lot where the qualifying agricultural work is being performed.

2. Evidence of Valid Permit. Within 30 days after obtaining the appropriate permit from the California Department of Housing and Community Development (HCD) to operate the agricultural employee housing, and thereafter on an annual basis, the applicant shall submit evidence that the HCD permit for the agricultural employee housing is current and valid.

3. Deed Restriction.

a. Within 30 days after receiving approval for permanent or seasonal employee housing from the community development department, and before issuance of the final zoning clearance certificate, the applicant shall record with the county recorder, a deed restriction in a form approved by the city that runs with the land on which the agricultural employee housing is located declaring that:

i. The agricultural employee housing will continuously be maintained in compliance with this section and all other applicable sections of the zoning code; and

ii. The applicant will obtain and maintain, for as long as the agricultural employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder.

b. The deed restriction shall not be amended, released, terminated, or removed from the property without the prior written consent of the city. In the event the agricultural employee housing use is terminated and/or structures are removed in accordance with the zoning code and other applicable law as confirmed in writing by the community development director, the deed restriction that accompanies the development shall be released and removed from the property.

4. Signed Affidavit for Temporary Employee Housing. Within 30 days after receiving approval for temporary employee housing from the community development department, the applicant shall submit a signed affidavit, in a form approved by the city, affirming that:

a. The agricultural employee housing will only be used as temporary employee housing; and

b. The applicant will obtain and maintain, for as long as the temporary employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder. (Ord. 2023-764 § 4 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).

17.03.050 Public facility zoning district (PF).

A. Purpose. The purpose of the public facility (PF) district is to provide a procedure for the orderly establishment of public, quasi-public, or private facilities, their operations, or change in the use of lands owned by governmental agencies.

B. Principal Permitted Uses.

1. Public services and administrative offices, including police and fire stations, post offices, and public parking lots;

2. Parks;

3. Child care facilities with eight or fewer children, subject to the provisions of FMC 17.06.020 (where a use permit is obtained for the residential use prior to establishment of the child care facility);

4. Community care facilities for six or fewer (FMC 17.08.152);

5. Public schools.

C. Permitted Accessory Uses. Accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of FMC 17.06.001 and 17.06.002.

D. Conditional Uses. Subject to securing a use permit pursuant to the procedures in Chapter 17.07 FMC:

1. Golf courses, zoos, and other similar recreational facilities;

2. Medical offices, including doctors’ and dentists’ offices, private clinics, laboratories, and pharmacies;

3. Convalescent/nursing homes;

4. Hospitals and health care facilities;

5. Communications and transportation facilities, including telephone, radio, and TV stations and offices;

6. Utility facilities, including substations, radio and TV transmission facilities, sewage treatment plants, and corporation and storage yards;

7. Residential uses with the density and setback requirements of the RM zone, subject to design review under Chapter 17.07 FMC, with the exception of single-family dwellings;

8. Professional offices;

9. Child care facilities with nine or more children, subject to the provisions of FMC 17.06.020;

10. Community care facilities for seven or more (FMC 17.08.152);

11. Essential services subject to the provisions of FMC 17.06.040;

12. Mobile food vending.

E. Height Regulations. No building shall exceed a height of three stories, not to exceed 40 feet, except as provided in FMC 17.05.070.

F. Lot Standards, Yards, and Floor Area Ratio.

Minimum			Maximum		Minimum Depth or Width in Feet of Required Yards
Net Lot Area (Ft.)	Lot Width (Ft.)	Lot Depth (Ft.)	Lot Depth (Ft.)	Lot Coverage (Max %)	Front	Rear	Side
6,000	60	90	Three times the lot width.	60	20	10	5

1. Nonresidential floor area ratio shall not exceed 0.35.

G. Other Regulations.

1. Off-street parking shall be required for all uses, as provided in FMC 17.05.140.

2. All multifamily dwellings shall meet the standards of development as provided in FMC 17.03.012.

3. Signs shall comply with all provisions of FMC 17.05.180. (Ord. 2011-693 § 2 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).