Chapter 17.05
REGULATIONS THAT APPLY IN MORE THAN ONE ZONE
Sections:
17.05.010 Compliance by buildings.
17.05.020 Certificate of occupancy.
17.05.070 Height restrictions, limitations, and modifications.
17.05.110 Landscaping and screening.
17.05.111 Lots not fronting public ways.
17.05.120 Modification of lot dimensions.
17.05.140 Off-street parking and loading.
17.05.141 Open space for multifamily development.
17.05.181 Storm drainage improvements.
17.05.001 Area requirements.
No building or part thereof or structure shall be erected nor shall any existing building be altered, enlarged, or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations designated in this title for the zone in which such building or open space is located. (Ord. 2011-692 § 2 (Exh. A)).
17.05.010 Compliance by buildings.
No building or part thereof or other structures shall be erected, altered, added to or enlarged, nor shall any land, building, structure, or premises be used, designated or intended to be used for any purpose or in any manner other than those included among the uses in this title listed as permitted in the zone in which such buildings, land, or premises are located. (Ord. 2011-692 § 2 (Exh. A)).
17.05.020 Certificate of occupancy.
Before any new structure may be occupied, a certificate of occupancy must be obtained from the city. All conditions on the development of the parcel on which the structure is located must be met before the certificate can be issued. (Ord. 2011-692 § 2 (Exh. A)).
17.05.070 Height restrictions, limitations, and modifications.
No building or part thereof or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit designated in this title, except as provided herein.
A. Measurement. Heights of buildings and structures shall be measured as per FMC 17.08.135.
B. Exceptions to Height Limitations. In the following cases, the height limitations established by this title shall not apply:
1. Church spires, electrical transmission poles, belfries, cupolas, domes, monuments, water towers, water tanks, fire and hose and poles, street-lights, windmills, chimneys, smokestacks, flagpoles, cooling towers, gas-holding structures where the manufacturing process requires a greater height, radio towers, television towers, masts, aerials, cellular towers, transmission towers, and parapet walls may exceed the height limit established in the zone districts with the approval of a use permit.
2. Places of public assembly in churches, schools, and other permitted public and semi-public buildings may exceed height limitation otherwise established by this title; provided, that these are located on the ground floor of such buildings; and provided, that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the zoning district its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in that particular zoning district. (Ord. 2011-692 § 2 (Exh. A)).
17.05.110 Landscaping and screening.
A. Purpose. These regulations are intended to protect individual properties from traffic, noise, heat, glare, and dust and to improve the appearance of neighborhoods and commercial areas in Fortuna by providing adequate landscaping and screening.
A landscape and screening plan shall be required for all new development, when required by this title.
A landscape and screening plan may also be required for additions or enlargements to existing buildings. The zoning administrator and/or planning commission shall determine when a landscape and screening plan shall be required for enlargements to existing buildings.
B. Landscaping.
1. Landscape Plan. The landscape plan shall show the location of lawn areas, groundcover areas, shrub masses, and existing and proposed tree locations. It shall include a planting schedule. The basic intent of the planting plan is to give names of plants and their locations. Each plant should be shown in scale at its ultimate anticipated diameter, with a cross placed in the center showing the precise location. The plant’s name or a symbol identifying the plant, the number of plants used, and the distance on center shall be shown on the landscaping plan.
2. Materials. The plant material selected shall be capable of healthy growth within the given range of soil and climate. Where trees are required, they shall be of a species, degree of maturity, and spacing acceptable to the approving body. A minimum size of five gallons for each tree is required. Where dense landscaping to a specified height is prescribed, the landscaping shall be of a type that will provide a year-round barrier at the prescribed height and shall be so spaced that vision of objects on the opposite side is effectively eliminated. The height requirement should be reached in a maximum of five years.
3. Gates. All gates or doors in fences, walls, or hedges shall open inward, if located within three feet of a street or public walk.
4. Minimum Landscaped Area Requirement. As established by each zoning district.
C. Area Screening Requirements.
1. Dense landscaping or solid wall or fence of a minimum height of six feet shall be provided:
a. Along the rear and side property lines of any nonresidential use that abuts a residential use, with the exception that the height shall be between two and one-half and three and one-half feet on the side property line for a distance of 20 feet, as measured from the street right-of-way;
b. To screen any open area used for the storage of goods, materials, or wastes from view from abutting properties and from public rights-of-way. All openings for access ways shall be provided with solid gates or other devices constructed of view-obscuring materials;
c. To screen any open area used to display goods or materials for sale from abutting properties;
d. To screen manufacturing uses from view from public rights-of-way.
2. Fencing shall be constructed so that the structural members shall not be visible from a public street.
D. Parking Lot Landscaping. A screening device shall be required along all interior property lines from all off-street parking spaces abutting a residential use. Said screening shall be not less than six feet in height, as measured from the top of the existing adjacent street, curb, or, where no curb exists, as measured from the average cross-section elevation of the street, with the exception that the height shall be between two and one-half and three and one-half feet on the side property line for a distance of 20 feet as measured from the street right-of-way. Said screening shall be a wall, grill constructed of solid fencing material, or dense landscaping. All off-street parking areas having four or more spaces shall be provided with screening and landscaping according to the following standards:
1. Parking lots located within 20 feet of a street right-of-way shall be screened from the street by a landscaped strip of not less than five feet in width and a visually solid fence or hedge three feet in height on the side of the landscaped strip opposite the street.
2. One tree shall be provided for every eight parking spaces, except that parking areas of five or more spaces shall also require at least one tree. Said tree shall be planted in a tree-well measuring at least four feet by four feet in a location approved by the zoning administrator and shall be provided with a means of irrigation, if necessary, and maintained in a living condition.
Off-street common parking areas for multifamily dwellings shall be screened from street view by the means of berms, landscaping, fencing, or some combination thereof. All planters and tree wells shall be enclosed by a curb composed of concrete or other durable material not less than six inches in height, as measured from the top of the existing adjacent street curb, or, where no curb exists, as measured from the average cross-section elevation.
E. Off-Street Loading Landscaping. Where a loading area is adjacent to a street or a required front yard, or where a loading area is located directly across an alley from a residential district, a solid wall or fence, vine-covered fence, or compact evergreen hedge no less than four feet in height as measured from the top of the existing adjacent street curb or, where no curb exists, as measured from the average cross-section elevation of the street, shall be provided, with an acceptable irrigation system and shall be planted with evergreen shrubs. (Ord. 2011-692 § 2 (Exh. A)).
17.05.111 Lots not fronting public ways.
A lot existing at the time the ordinance codified in this title was adopted that does not have frontage on a public way, yet otherwise conforms to these regulations, may be used provided a use permit is granted by the planning commission. (Ord. 2011-692 § 2 (Exh. A)).
17.05.120 Modification of lot dimensions.
The planning commission may approve a conditional use permit to allow lot width and lot depth size modifications from the minimum or maximum required by the zoning district standards. The commission shall take into account site constraints that would be imposed on the development if the minimum or maximum standards are enforced. The request shall be accompanied by a preliminary development plan to demonstrate the appropriateness of the proposed modification, that the request is in the public benefit, and that the modification will not result in any negative conditions. (Ord. 2019-739 § 1).
17.05.140 Off-street parking and loading.
A. Purpose. The purpose of the provisions set forth in this section is to reduce street congestion and traffic hazards in the city by incorporating safe, adequate, attractively designed facilities for off-street parking and loading as an integral part of every use of land in the city requiring such facilities.
B. General Requirements.
1. Off-street parking spaces for vehicles shall be provided in accordance with the requirements set forth in this section. Where existing buildings not currently meeting these requirements are proposed to be enlarged or increased in capacity, off-street parking shall be provided as required in this section for the entire structure.
2. For the purposes of this section, “floor area” in the case of offices, merchandising, or service types of uses means the gross area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It does not include halls, lobby, waiting rooms, or rest rooms, or areas used principally for nonpublic purposes, such as storage and incidental repair.
3. Such space, when provided in accordance with this section, shall consist of a paved area for vehicle parking.
4. Such facilities shall consist of a site, or a portion of a site, for off-street parking of vehicles, and shall include parking spaces, aisles, access drives, and landscaped areas and shall provide vehicular access to a public right-of-way. A minimum of one covered parking space per residential unit must be provided.
5. A traffic study shall be prepared by a qualified professional and submitted to the public works department for new residential development with more than 30 dwelling units, or commercial, office, or industrial uses with more than 10,000 square feet of floor area.
C. Location.
1. Required off-street parking spaces shall be located on-site with the use they serve; provided, that in R-C districts, and any nonresidential district except an N-C district, the requirements of this section shall be considered satisfied if the required parking is provided within 300 feet of the site of the use being served. This distance is measured in a direct line from the building or, if no building exists, from the property line.
2. Off-street parking shall be furnished through ownership or lease of sufficient off-street parking or through the crediting of unallocated spaces in municipal parking lots by the city manager.
3. No required off-street parking space shall be located on a site across an arterial street from the use served.
D. Number of Spaces Required. Spaces shall be provided as follows:
|
Uses |
Parking Spaces Required |
|---|---|
|
Automobile or machinery sales and services garages |
1 for each 300 sq. ft. of floor area plus 1 for each 1.5 employees |
|
Banks and post offices |
1 for each 200 sq. ft. of floor area |
|
Bowling alleys |
1 for each 60 sq. ft. of floor area plus 1 for each 4 seats |
|
Cemeteries, columbaria, and crematories |
1 for each 1.5 employees |
|
Charitable and religious institutions providing sleeping accommodations |
1 for each 1.5 employees on the maximum shift |
|
Children’s homes |
1 for each 5 beds, plus 1 for each 1.5 employees on the maximum shift |
|
Churches |
1 for each 5 seats or for each 90 lineal inches of pew space |
|
Convalescent hospitals and nursing homes |
1 for each 5 beds, plus 1 for each 1.5 employees |
|
Dance halls |
1 for each 50 sq. ft. of floor area |
|
Day care centers and day care family facilities |
1 for each staff member and 1 for each 10 children |
|
Dwellings, multiple: |
|
|
Common parking facilities for 8 or more units |
1 for each 1-B.R. and studio unit; 2.0 for each 2-B.R. and 3-B.R. unit |
|
Parking for less than 8 units |
1 for each 1-B.R. and studio unit; 2.0 for each 2-B.R. unit; and 2.5 for each 3-B.R. unit |
|
Dwellings, single-family |
2.0 for each dwelling unit |
|
Funeral homes and mortuaries |
1 for each 4 seats, plus 1 for each 60 sq. ft. of display space, plus 1 for each 300 sq. ft. of office or sales space |
|
Home for the aged |
2 for each 3 beds |
|
Hospitals |
1 for each 3 beds, plus 1 for each 1.5 employees, plus 1 for each resident doctor |
|
Hotels, motels, and private clubs providing sleeping accommodation |
1 for each dwelling unit, rooming unit or guest room |
|
Libraries, museums, art galleries, and similar uses |
1 for each 1.5 employees plus 1 for each 190 sq. ft. of floor area |
|
Manufacturing plants, research or testing laboratories, bottling plants, processing plants, and packaging plants |
1 for each 1.5 employees on the maximum shift |
|
Medical and dental offices and clinics |
1 for each 200 sq. ft. of floor area |
|
Mobile home developments |
2 for each mobile home space and 1 for each 5 mobile home spaces for visitor parking |
|
Offices other than medical-dental offices |
1 for each 300 sq. ft. of floor area |
|
Public buildings and grounds other than schools and administrative offices |
1 for each 1.5 employees on the maximum shift |
|
Recreational vehicle parks |
1.1 for each recreational vehicle space |
|
Restaurants, bars, and nightclubs |
1 for each 50 sq. ft. of floor area |
|
Retail stores including shops, supermarkets, and food stores |
1 for each 300 sq. ft. of floor area |
|
Rooming houses and lodging houses |
1 for each rooming unit plus 1 for each 2 guest rooms |
|
Schools: |
|
|
Elementary and junior high |
1 for each 1.5 employees on the maximum shift |
|
High schools |
1 for each 5 students plus 1 for each 1.5 employees on the maximum shift |
|
Colleges |
1 for each 1.5 students plus 1 for each 1.5 employees on the maximum shift |
|
Business, beauty, and other special schools |
1 for each 150 sq. ft. of floor area |
|
Sports arenas, auditoriums, exhibition halls, theaters, lodge or assembly halls, and meeting rooms |
1 for each 4 seats plus 1 for each 60 sq. ft. of floor area |
|
Wholesale establishments, warehouses, service and maintenance centers, and communication equipment buildings |
1 for each 1.5 employees on the maximum shift |
|
Unspecified uses of buildings, structures, or premises |
The number of spaces shall be established by the traffic engineer |
E. In-Lieu Parking Fees and Exceptions for the R-C Zone.
1. Application. Only the property in the downtown area that is zoned R-C, and designated as such on the official zoning map of the city, is subject to this section. Single-family residences are excluded from this section.
2. Payment.
a. All or part of the parking requirements of this section may be satisfied by a payment to the city in lieu of each parking space, required by the city, as computed in accordance with this section.
b. The city council shall set the method of payment, collection, and fee by resolution and may, from time to time, amend these by resolution.
3. Use of Fees.
a. Fees collected shall be deposited with the city in a special fund and shall be administered, and development of off-street parking facilities located, insofar as practical, in the general vicinity of the building for which the in-lieu payments are made.
b. The city may proceed to implement this section when sufficient funds are available to acquire and improve municipal off-street parking lots.
4. Vacant Parcels. The city shall retain the option of determining whether or not vacant parcels can accommodate required parking spaces on site, without unduly restricting the size of the structure. If parking spaces can be accommodated on-site, the city may require that the parking spaces be provided, or a combination of in-lieu fees and required spaces be provided.
5. Structures that are destroyed or damaged by fire, flood, or act of God and then rebuilt using the same dimensions and area and occupied by the same type of use, for the purpose of calculating required parking, shall be considered conforming uses with respect to required parking spaces. No parking spaces previously provided shall be eliminated.
6. Existing structures shall be considered conforming with respect to required parking spaces for those types of uses in existence when this section goes into effect or the last business occupying the structures. Changes in the type of use that require additional parking spaces will be required to provide those spaces.
7. Structures that undergo a change in the type of use that requires additional parking or to which a structural addition is made shall provide only one-half of the required parking spaces specified by the parking space schedule.
F. Standards Generally. All off-street parking facilities shall conform to the standards set forth in subsections (G) through (L) of this section.
G. Size of Parking Spaces.
1. Standard-Size Cars. Regulations for standard-size car spaces shall be as follows:
a. Each 90-degree parking space shall be not less than 19 feet in length and eight and one-half feet in width, exclusive of aisles and drives.
b. Each 60-degree parking space shall be not less than 19 feet in length and nine feet of stall width, or nine feet and 10 inches in curb width.
c. Parking spaces at all angles shall be the functional equivalent of those set forth in this subsection (G)(1) and shall be designed and arranged within parking facilities to facilitate easy and safe ingress and egress to each parking space.
2. Compact-Size Cars. Compact car spaces shall be as follows:
a. Each 90-degree parking space shall be not less than 16 feet in length and seven and one-half feet in width.
b. Parking spaces at all angles shall be the functional equivalent of those set forth in this subsection (G)(2) and shall be designed and arranged within parking facilities to facilitate easy and safe ingress and egress to each parking space.
H. Aisles. Access to each off-street parking space shall be from a driveway or aisle that is sufficient for readily turning and maneuvering a vehicle. As a general rule, subject to waiver by the community development director, all maneuvering shall be on private property. The minimum aisle width shall be 16 feet for 60-degree parking spaces and 26 feet for 90-degree parking spaces. All driveways shall be at least 12 feet in width for one-way traffic. The width of driveways for two-way traffic shall be 20 feet if less than 100 feet in length and less than five units, and 24 feet if greater than 100 feet in length and five or more units.
I. Access. Each parking space shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley, in accordance with the driveway requirements of this code. No off-street parking facility for four or more spaces, except in an R-1 district, shall be designed so that vehicles must back across a sidewalk in order to gain access to a street or alley. Where feasible, access to parking for commercial facilities shall be directly off a public street. All private driveways for residential single-family development must be paved to city standards up to a maximum of 50 feet from the street. The entire driveway shall be paved for multifamily, commercial, and industrial development, with the exception that storage areas for vehicles and equipment may be gravel if approved by the community development director.
J. Pavement. The parking area, aisles, and access drives shall be paved to provide a durable, dust-free surface and shall be graded and drained to dispose of surface water without damage to private or public properties, streets, or alleys.
K. Border Barricades. Every parking facility for four or more spaces that is not separated by a wall from abutting property shall be provided with a six-inch-by-six-inch concrete or other approved barrier, not less than two and one-half feet from such property line. Such barriers shall also be provided adjacent to drives, parking, and maneuvering areas.
L. Screening.
1. Every parking facility containing four or more spaces abutting a city street shall be separated from such street by a decorative wall, view-obscuring fence, permanently maintained compact evergreen hedge, berm, or a combination of the preceding treatments, not less than 30 inches and not more than 42 inches in height.
2. Every parking facility abutting property located in R districts shall be separated from such property by a decorative wall, view-obscuring fence, or permanently maintained evergreen hedge not less than five nor more than six feet in height.
3. Notwithstanding the requirements of this subsection (L), no screen, wall, fence, or hedge on a corner lot shall exceed a height of three feet above the established grade of either street, within an area formed by the street property lines of such lot and a line joining points on such lines located a distance of 33 feet from this intersection; nor shall such screening exceed a height of three feet above the established grade of the street within 33 feet of a driveway.
4. For any commercial or industrial use directly across a street other than a freeway from an R district designated for future residential use in the Fortuna land use diagram, the parking facilities shall be set back at least 20 feet. The setback area shall be landscaped in accordance with this subsection (L).
M. Additional Requirements and Exceptions.
1. If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this section.
2. Off-street parking facilities for one use shall not be considered as providing required off-street parking facilities for any other use, except as provided for in subsection (N)(3) of this section.
3. Handicapped parking shall be provided as per requirements of the state.
4. Parking lot lighting past 10:00 p.m. shall be limited to no more than 20 percent of the total lot lighting for security, with no sodium-vapor bulbs, and a maximum height of 15 feet.
N. Modification of Requirements. The provisions of this section as to number of required spaces may be modified in the form of a variance by the city manager including, but not limited to, the following cases:
1. Up to 15 percent of the required parking spaces may be reduced in size for the accommodation of small cars in parking facilities providing not less than 20 spaces.
2. The number of spaces required may be reduced for uses, such as housing for the elderly or retirement homes, where it can be demonstrated that automobile use or ownership is significantly lower than for other dwelling or lodging houses.
3. When a common off-street parking facility, located within 300 feet of the uses served, will provide 20 or more parking spaces, the total number of parking spaces required for all the uses served may be reduced by not more than 25 percent.
O. Plan Submittal. Before any work may proceed on a new or on existing parking facility, a plan shall be submitted to the traffic engineer for review and approval, conditional approval, or denial.
P. Loading Facilities – Standards Generally. All off-street loading facilities shall conform to the following standards:
1. Every hotel, office building, restaurant, department store, freight terminal or railroad yard, hospital or industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishment, and all other structures devoted to similar mercantile or industrial pursuits, which has an aggregate gross floor area of 5,000 square feet or more shall provide off-street truck loading or unloading berths in accordance with the following table:
|
Square Feet of Aggregate Gross Floor Area Devoted to Such Use |
Required No. of Berths |
|---|---|
|
5,000 sq. ft. up to and including 25,000 sq. ft. |
1 |
|
25,001 sq. ft. up to and including 40,000 sq. ft. |
2 |
|
40,001 sq. ft. up to and including 100,000 sq. ft. |
3 |
|
For each additional 60,000 sq. ft. |
1 additional |
2. Each loading berth shall be not less than 45 feet in length and 12 feet in width, exclusive of aisle or maneuvering space, and shall have an overhead clearance of not less than 14 feet.
3. Each space may occupy all or any part of any required yard or court space, except front and exterior side yards, and shall not be located closer than 40 feet to any lot in any R district, unless enclosed on all sides except the entrance by a wall not less than six feet in height.
4. Sufficient room for turning and maneuvering vehicles shall be provided on the site, so that vehicles shall cross a property line only by driving forward.
5. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley.
6. Entrances from and exits to streets and alleys shall be designed to minimize traffic congestion and shall be placed at locations approved by the traffic engineer.
7. The loading area, aisles, and access drives shall be paved to provide a durable surface and shall be graded and drained to dispose of surface water without damage to private or public properties, streets, or alleys.
8. Bumper rails shall be provided at locations approved by the traffic engineer where needed for safety or to protect property.
9. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites to minimize glare.
10. No repair work or vehicle servicing shall be conducted in a loading area.
11. Landscaping and screening shall be performed in accordance with the standards of subsection (L) of this section.
12. Off-street loading facilities shall be located on the same site as the use for which the berths are required.
Q. Off-Street Loading – Additional Requirements and Exceptions.
1. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this section for each use. If more than one use is located on a site and the gross floor area of each use is less than 5,000 square feet, but the total gross floor area is greater than 5,000 square feet, off-street loading berths shall be provided for total gross floor area.
2. Off-street loading facilities for a single use shall not be considered as providing required off-street loading facilities for any other use, except as provided in subsection (Q)(1) of this section.
3. At the time of initial occupancy, major alteration, or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading facilities for trucks in accordance with the schedule of off-street loading berth requirements.
4. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility.
R. Off-Street Loading – Modification of Requirements. Off-street loading berths, in addition to those prescribed in the schedule of off-street loading berth requirements, shall be provided if the city manager finds that such additional berths are necessary to ensure that trucks will not be loaded, unloaded, or stored on public streets. A finding of the city manager shall be based on an investigation of the anticipated frequency of truck pick-ups and deliveries, and of the truck storage requirements of the use for which the off-street loading berths are required. (Ord. 2011-692 § 2 (Exh. A)).
17.05.141 Open space for multifamily development.
A. Purpose. These regulations are intended to set forth standards for the development of usable open space within multiple-family residential projects in both the RM district and commercial districts to ensure that a minimum amount of common and private open space is available for the exclusive use of the residents of the development project in order to fulfill their needs for outdoor leisure and recreational opportunities.
B. Open Space Regulations.
1. Open space includes land that is accessible and available to all residents of a particular multifamily residential development. The provision of recreation facilities such as tot lots, lounges, gardens, basketball courts, and similar facilities may be considered open space. Greenhouses, glass-covered patios, and similar clear-roofed structures may be considered open space.
2. Open space does not include proposed street rights-of-way, buildings, open parking areas, driveways and access ways for the dwellings, land area utilized for garbage and refuse disposal, or other service maintenance.
3. Land in a multifamily development that is greater than 25 percent slope, or occupied by creeks, sloughs, marshes, or other waterways, may not be used to provide more than half of the open space requirement as established in each zone.
4. All required open space shall be permanently controlled and maintained by either the owner of the property or by an incorporated nonprofit homeowners’ association. Open space shall remain fully usable, with no obstructions over ground level space except for devices to enhance its usability.
5. Decks on roof spaces, garages, carports, or accessory buildings may be credited toward open space requirements.
6. The city may, as a condition of approval, require the applicant to employ any appropriate method(s) to ensure the permanent status and maintenance of open space.
C. Private Open Space.
1. Private open space is that open space devoted exclusively to the recreation and leisure use of one dwelling and is located immediately adjacent to such unit.
2. All properties containing more than two dwelling units may be required to provide private outdoor space for each unit in the development equal to at least eight percent of the residential floor area of the related unit for non-ground floor units and 10 percent of the residential floor area of the related unit for ground floor units. Private open space shall be counted as part of the required open space of a lot.
3. Not more than 60 percent of the space devoted to private open space may be covered by a private balcony projecting from a higher story. A screening device not greater than six feet in height and constructed of dense landscaping, or of a fence, wall, grill, or other screening device, may be required to abut private usable open space if, in the judgment of the zoning administrator or planning commission, the need for establishing a pleasant outdoor leisure and recreation environment would thereby be facilitated. (Ord. 2014-712 § 1 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).
17.05.180 Signs.
A. General Provisions. The purpose of this section is to establish standards to regulate the height, size, location, and appearance of signs, in order to safeguard and enhance property values; to protect public and private investment in buildings and open spaces; to preserve and improve the appearance of the city as a place to live and to work and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business and for the information of the public; to prevent excessive and confusing sign displays; to reduce hazards to motorists and pedestrians; and to promote the public health, safety, and welfare of the city.
B. Applicability. Except as provided in this section, no sign shall be painted or erected in the city, nor shall a sign be modified in structure unless a sign permit has been issued by the city. No permit shall be issued unless the sign conforms to the regulations of this section and has received review and approval as prescribed in this section.
A sign permit is not required for nonstructural modification of face, copy, color, or normal maintenance of any existing sign.
C. General Regulations.
1. Off-Premises Signs. Off-premises signs shall not be permitted within the city, except as follows:
a. Political signs and posters;
b. Civic event signs;
c. Directional signs to institutes of an educational, religious, charitable, or civic nature, not to exceed four square feet in area;
d. Directional signs to public events, not to exceed four square feet in area;
e. Signs within 200 feet of Highway 101 in the industrial and commercial zone classifications. Signs subject to this provision shall be subject to design review in accordance with Chapter 17.07 FMC and subsection (D)(2)(d) of this section.
2. Temporary Signs.
a. The placement of temporary signs shall not exceed 60 consecutive days. In addition to this time allowance, temporary signs promoting a specific event or date shall be removed within 14 days after that event or date.
b. Signs may be freestanding, or attached to existing structures or fences. They may be placed in a window.
c. Signs in any residential (R) zoning district shall be limited to four square feet and 48 inches in height.
d. Signs in any commercial or industrial zoned parcels shall be limited to 16 square feet.
e. No more than four signs shall be allowed on any one parcel.
3. Marquee Clearance. Signs attached under a marquee shall have a vertical clearance of eight feet between the existing or future grade of the finished sidewalk. Such signs shall be limited to four square feet in area on each side if a double-faced sign; a single-faced sign shall be limited to four square feet in area; one sign per occupant.
4. Visibility from Residential Zones. No sign exceeding 40 square feet shall be visible from an R district unless it is more than 100 feet from the R district or separated by a public road.
5. Traffic Safety. No sign shall be located so as to create a safety hazard by obstructing vision, or shall interfere with or resemble any authorized warning or traffic sign or signal.
6. Projecting Signs. A projecting sign shall have a minimum clearance of eight feet above the existing or future grade of the finished sidewalk and a minimum clearance of 15 feet above an area used for vehicular movement.
7. Freestanding Signs. Freestanding signs from ground level to eight feet in height shall be prohibited within 30 feet of the corner of two intersecting streets.
8. Flashing/Illumination. Signs shall not flash, revolve, move, or be animated in any way. All signs shall be illuminated by low-level indirect lighting devices, unless otherwise exempted by this section.
9. Duration of Permits. All permits shall be good for the life of the sign, except for permits for those signs that are expressly defined as temporary signs in accordance with this section.
10. Nullity of Permits. A sign permit shall become null and void if the sign for which the permit was issued has not been installed within six months after the permit has been issued.
11. Signs in Public Rights-of-Way. Private signs shall not be allowed in a public right-of-way, unless specifically allowed in this section or allowed by Chapter 12.30 FMC.
D. Permitted Signs.
1. Signs Not Requiring a Sign Permit. The following do not require a sign permit:
a. Real Estate. One real estate sign advertising the sale or lease of a parcel of property or structure thereon, when the sign is not over four square feet in area. Such signs must be located on the property they advertise. Real estate signs advertising commercial, agricultural, or industrial property for sale or lease, or residential property in excess of one acre, shall be limited to 32 square feet in area;
b. Political signs, subject to the provisions of subsection (C)(2) of this section, Temporary Signs:
i. No political sign may be placed on public property;
ii. No political sign may be placed on private property without the consent of the property owner;
c. Historical. Names of buildings or dates of erection of buildings, when cut in a masonry surface or constructed of bronze or other incombustible material;
d. Traffic and Municipal. Traffic or other municipal signs, railroad crossing signs, danger, and other emergency signs, including wording painted on streets;
e. Special, Public, or Community Events. Signs of a directional nature, not to exceed 24 square feet in area each, are allowed for the duration of the special event, not to exceed 14 days;
f. Educational, Religious, or Charitable. Permanent signs serving as directional signs to institutes of an educational, religious, charitable, or civic nature, not to exceed four square feet in area;
g. Parking Lot Directional. Directional signs located within parking lots identifying the entrance, exit, and other directional information. Such signs shall not exceed four square feet each or eight square feet for all such signs per acre of parking;
h. In-Window. In-window signs, other than permanent identification signs, to be allowed for not more than 45 days. Such signs shall not exceed 25 percent of any window area;
i. Public Facility. Signs showing the location of public telephone, rest rooms, and underground utility facilities;
j. Decals. Signs (or decals) advertising credit cards, association memberships, or trading stamps, not to exceed two square feet in area each;
k. New Businesses. Any and all signs, lights, banners, flags, or other promotional devices may be placed on the business property for a maximum of 60 consecutive days to announce the opening of a new business. Although no sign permit is required, city staff shall review and approve plans to ensure that they offer no hazards to the safe movement of traffic and do not block permanent identification signs on neighboring properties;
l. Governmental. Any sign, posting, or legal notice placed by or required by a governmental entity in carrying out its responsibility to protect the general health and welfare of the community;
m. Street Signs. Street signs and address numbers;
n. Subdivisions. Signs advertising the sale of lots within a subdivision may be posted for two years.
2. Signs Requiring a Sign Permit. Unless exempted by subsection (D)(1) of this section, no person shall erect, enlarge, alter, relocate, or add to a sign or sign structure in the city unless a sign permit has been issued and the sign conforms to the following standards:
a. In Commercial and Industrial (C-T, R-C, N-C, M-1, and M-2) Zoning Districts.
i. One square foot of sign area is allowed for every ground level lineal foot of parcel frontage; or, in the case of buildings with multiple frontages, one square foot of sign area for every ground level lineal foot of the longest parcel frontage plus one-half square foot of signing for every lineal foot of a second frontage. In no case shall the total square footage of signs on a building exceed 450 square feet. Each business shall be allowed a minimum of 16 square feet of sign area.
ii. An additional 25 percent of total sign area shall be allowed for second story uses, to be utilized at that level. Such additional sign area shall be divided according to the percent of floor space for each use.
iii. No freestanding sign shall exceed 200 square feet. One hundred square feet of that area may be used for individual identification signs for tenants of a shopping center, to be uniform in size, shape, and lettering. Such sign shall not exceed 30 feet in height and shall have a minimum clearance of either eight feet from the finished grade or of the existing or future sidewalk. The planning commission, in special mitigated circumstances, may grant a waiver for signs higher than 30 feet.
iv. Bonus Provision. To encourage the use of sign types that meet the purposes and objectives of the residents of Fortuna, a bonus provision is provided. The sign area allowed by subsections (D)(2)(a)(i), (ii), and (iii) of this section may be multiplied by the bonus provision for every condition listed below that is met. The total bonus shall not exceed 1.6 times the area allowed. The conditions and bonuses are as follows:
|
Condition |
Bonus |
|---|---|
|
Only wall or window signs |
1.4 |
|
No illumination |
1.2 |
|
No plastic |
1.1 |
|
Freestanding monument type |
1.1 |
|
Lettering limited to the business name |
1.2 |
v. In addition of other permitted signs, a shopping center may erect one freestanding sign. In no case shall there be more than one freestanding sign for the shopping center regardless of the number of parcels or the number of occupants of the property.
vi. Signs in commercial and industrial zones shall not overhang the public right-of-way by more than 12 inches.
vii. Regardless of any other provision in this section, no sign attached to a building shall exceed the roof height of the main building on a parcel, except for a single-story, flat-topped building, which may have a single rooftop sign not exceeding six feet in height above the roof line. Any sign on a single-story, flat-topped building shall be constructed so that it is an extension of the face of the building.
viii. Signs in commercial and industrial zones, if illuminated, shall not have directly exposed bulbs, lamps, or other illumination devices. Exposed tubes at low-level illumination shall be permitted.
b. In the Multifamily Residential (R-M) Zoning District.
i. The total permitted sign area is one-quarter square foot for each lineal foot of the longest property frontage. In no case shall a sign exceed 10 square feet in total area, except for commercial uses that shall not exceed 40 square feet.
ii. In no case shall there be more than one sign per use.
iii. Freestanding signs shall not exceed four feet in height. Signs shall not encroach into the public right-of-way.
iv. Signs attached to buildings shall not exceed the eave height of the first story of the main building on any parcel.
v. Bed-and-breakfast inns shall be allowed a sign four square feet in area.
c. In the Single-Family Residential (RE and R-1) Zoning Districts.
i. One sign not exceeding two square feet in total area attached to the principal structure on a parcel for the purpose of listing the occupant’s name and address.
ii. One sign not exceeding one square foot in total area attached to a curbside mailbox for the purpose of listing the occupant’s name and address on the mailbox.
iii. Signs shall not exceed the eave height of the first story of the principal structure on a parcel.
d. Signs within 200 feet of Highway 101 in industrial and commercial zone classifications shall be principal permitted uses. Such signs shall be reviewed and approved by the planning commission in accordance with Chapter 17.07 FMC. Signs permitted under this provision shall:
i. Have a minimum spacing of 500 feet from an adjacent off-site sign on the property;
ii. The parcel shall have a minimum frontage of 500 feet along Highway 101;
iii. No trees shall be removed to install an off-site sign; and
iv. A business or the city corporation yard shall be located within 1,000 feet of any off-site sign.
E. Exceptions.
1. Use Permit. Exceptions may be granted from the standards in this section by the planning commission, if a use permit is approved pursuant to the provisions of Chapter 17.07 FMC.
2. Findings. In order to grant an exception, the planning commission must make the following findings:
a. The visual access to an existing sign shall not be blocked or impaired;
b. The maximum size is not more than 50 square feet larger than the size provided for in subsection (D) of this section;
c. The proposed sign is compatible with the immediate environment of the site in terms of height, mass, material, texture, color, and detail of construction; and
d. The proposed sign is needed because of economic hardship.
F. Nonconforming Signs.
1. Existing Signs. All signs in all zones that do not meet the requirements of this section shall become nonconforming as of the effective date of the ordinance codified in this section. Nonconforming signs shall be removed or altered so as to be conforming upon a change of type of business and/or use.
2. Alterations to Existing Signs. No permit shall be issued for any additional sign for a business where the occupant has a nonconforming sign(s), until all such nonconforming signs are brought into conformity.
3. Damaged Signs. A nonconforming sign that is destroyed or damaged to an extent in excess of 50 percent of the estimated value shall not be replaced, except by a sign that conforms to the provisions of this section.
G. Maintenance and Removal.
1. Maintenance. Every sign, its parts, and supports, if any, shall be properly maintained in good condition and repair. In the event that any sign becomes dangerous or defective, and the owner of such sign does not make the sign safe by repairing it within 45 days of notice of such condition, the sign shall be removed. Any replacement of such sign shall conform to this section.
2. Removal of Nonconforming Signs. Nonconforming signs that advertise a business or activity that has relocated or ceased to exist shall be completely removed within 30 days from the time of relocation or cessation. A longer period of time may be granted by the city manager.
3. Removal of Conforming Signs. Conforming signs that advertise a business or activity that has relocated or ceased to exist shall have the sign area completely removed within 30 days from the time of relocation or cessation. Upon approval of the city manager, extensions of 30 days may be granted, not to exceed a total of 120 days.
H. Permit Applications and Review.
1. Permits. The following permits are required:
a. Sign Permit. An application for a sign permit shall be filed by the owner, lessee, or other person having the right to the possession of the land for which the permit is sought. All applications shall be filed with the planning director on forms provided by the city.
b. Building Permit. A building permit may be required, in accordance with Chapter 15.12 FMC.
c. Encroachment Permit. An encroachment permit shall be required from the city public works department for any sign located within or projecting into the public right-of-way. A flush-mounted sign projecting not more than 12 inches from the structure shall not be considered an encroachment.
2. Application Materials. The application shall include the following:
a. The location of the building, structure, or property on which the sign is to be attached or erected;
b. The position of each sign in relation to adjacent signs, buildings, and structures;
c. The height, size, shape, color, and design of each proposed sign and supporting structure;
d. The size, location, and number of existing signs on the building, structure, and property;
e. The name, address, and telephone number of the applicant and the property owner.
3. Review. The planning director is responsible for coordinating the review of sign permit applications. A complete application must be acted on within 10 working days from the date the application is received. (Ord. 2014-712 § 1 (Exh. A); Ord. 2014-711 § 1 (Exh. A); Ord. 2014-709 § 1; Ord. 2014-706 § 1; Ord. 2011-692 § 2 (Exh. A)).
17.05.181 Storm drainage improvements.
A. Purpose. The purpose of this section is to establish a program to reduce flooding within the city by completing drainage improvements included in the 1982 Storm Drainage Master Plan.
B. Construction of Off-Site Drainage Improvements. Storm drainage improvements shall be constructed in conformance with the city’s 1982 Storm Drainage Master Plan and Improvement Standards and Specifications under the following circumstances:
1. Significant Impact. Storm drainage improvements shall be constructed before the issuance of a building permit whenever a development project will either create a significant drainage impact or significantly impact an area with inadequate drainage facilities. The existing flooding problem (if any), the potential to impact existing development, the increase in stormwater runoff from the development project, and the status of completing the drainage improvements in the 1982 Storm Drainage Master Plan in the area impacted by the development project shall be considered in determining whether a development project will cause a significant impact.
A use permit shall be obtained whenever drainage improvements are required by this section.
A dollar-for-dollar credit for drainage fees shall be given whenever drainage improvements required by this section are included in the city’s 1982 Storm Drainage Master Plan.
2. Conflict with 1982 Storm Drainage Master Plan. Drainage improvements that are identified in the 1982 Storm Drainage Master Plan shall be installed whenever a development project would conflict with the completion of such improvements. A dollar-for-dollar credit for drainage fees shall be given for any drainage projects required by this provision. The city shall also enter into a payback agreement when requested for such improvements.
3. Drainage Fee Credit. In no event shall the amount of any credit exceed the drainage fee.
C. Drainage Fees.
1. Payment of Fees. Drainage fees shall be collected whenever a building permit is issued. The city council shall set the method of payment, method of collection, and the fee by resolution, and may, from time to time, amend the resolution.
2. Use of Fees. Fees collected shall be deposited in the “drainage facility fee fund” and such fees shall be used to construct storm drainage facilities included in the 1982 Storm Drainage Master Plan. Any interest earned by moneys deposited in the “drainage facility fee fund” shall be placed in such fund. (Ord. 2011-692 § 2 (Exh. A)).
17.05.182 Street frontage.
A. All city lots shall have a minimum of 60 feet of frontage on a public right-of-way, except in those districts where the required lot width is other than 60 feet, for which the minimum frontage shall equal the required lot width.
B. On a cul-de-sac, said frontage shall be measured along the setback line of the lot.
C. Where a unique configuration of land exists, or where the frontage requirements create a special hardship to development, the planning commission may waive this requirement. The planning commission shall consider the present land use and density, the intended and potential land use and density, and the traffic and safety hazards created by access routes when considering waiver of the requirements of this section. (Ord. 2011-692 § 2 (Exh. A)).
17.05.240 Yards.
A. The minimum yard requirements set out in this title shall be subject to the regulations of this section.
B. Cornices, eaves, canopies, bay windows, chimneys, and similar architectural features may extend a maximum of two and one-half feet into such yards. Uncovered porches or stairways, fire escapes, or landings may extend a maximum of six feet into front or rear yards and three feet into side yards.
C. In any R zone, where more than one-half of the block is occupied with buildings, the required front yard shall be the average of those of the improved sites, to a maximum of that required for the zone.
D. If any building is located on a lot that the front or rear thereof faces any side lot line, it shall be at least 10 feet from such side lot line.
E. Any dwelling located in a C or M zone, except a dwelling above a commercial establishment, shall provide side and rear yards as required in the R-M zone.
F. The side yard of a corner lot shall be equal to the front yard of its key lot if any part of the main building on the corner lot is within 25 feet of the rear lot line, and shall be equal to one-half of the front yard of such key lot if all parts of the main building are more than 25 feet from the rear lot line.
G. Corner Lots – Sight Distance. In any residential district on a corner lot, there shall be no fence, wall, or hedge higher than three feet, nor any obstruction to vision other than a post, column, or tree not exceeding one foot in diameter between a height of three feet and a height of 10 feet above the established grade of either street, within an area 33 feet from the intersection of the street lot lines.
H. Future Width Lines.
1. Future width lines shall be established and shall apply to those streets designated and shown on the minimum right-of-way standards map of an adopted general plan circulation element prepared in accordance with state guidelines.
2. The future width lines shall be established so that one-half of the distance shown on the minimum right-of-way standards map shall be on each side of the center line of the original right-of-way, unless a line between two abutting parcels can be accurately identified as the original centerline.
3. From and after the establishment of any future width line as provided in this section, all yards required by this title shall be measured from the future width line of the front or side line of the lot as otherwise required.
4. Where no yard is required under the terms of this title, no building shall be altered, erected, expanded, or moved nearer to the front or side line of any lot than the future width line.
I. Duplicate Use of Open Space and Yards. No yard or other spaces provided about any buildings for the purpose of complying with provisions of this title shall be considered as providing a yard or open space on one building site for a building on any other building site unless specifically permitted elsewhere in this title. (Ord. 2011-692 § 2 (Exh. A)).