Public Review Draft. Fortuna Municipal Code. Title 17: Zoning Regulations. Fortuna Planning Commission Review Copy. June 28, PDF Free Download

Public Review Draft Fortuna Municipal Code Title 17: Zoning Regulations Fortuna Planning Commission Review Copy June 28, 2011 This document is subject to revision and updating.

Key to Text Color Code Original Zoning Code text that is not changed appears in black ink. Code section citations and text added for clarity are underlined. Redundant (duplicated) text has been crossed out. Text required by the General Plan or state law appears in red ink. Proof-reading changes appear in blue ink. Public Review Draft ii Subject to revision

TABLE OF CONTENTS CHAPTER 1: TITLE & PURPOSE 17.01.010 Adoption 17.01.020 Short Title 17.01.030 Purpose of Provisions 17.01.040 Consistency With Fortuna General Plan CHAPTER 2: ENUMERATION OF ZONES AND ADOPTION OF ZONING MAP 17.02.010 Principal Zones - Enumerated 17.02.020 Combining Zones - Enumerated 17.02.030 Zoning Map Adopted 17.02.040 Determination of Zone Boundaries 17.02.050 All Territory in City Affected Annexations 17.02.060 Provisions Applicable to All Zones 17.02.070 Zoning Regulations - Conflicts CHAPTER 3: REGULATIONS THAT APPLY IN PRINCIPAL ZONES 17.03.010 Residential Estates (RE) 17.03.011 Residential Single Family (R-1) 17.03.012 Multifamily Residential (R-M) 17.03.020 Neighborhood Commercial (N-C) 17.03.021 Retail Commercial (R-C) 17.03.022 Commercial Thoroughfare (C-T) 17.03.023 Freeway Commercial (FC) 17.03.030 Light Industrial (M-1) 17.03.031 Heavy Industrial (M-2) 17.03.040 Agriculture Exclusive (A-E) 17.03.050 Public Facility (PF) CHAPTER 4: REGULATIONS THAT APPLY IN COMBINING ZONES 17.04.001 Combining Zone Regulations - Generally 17.04.010 Special Building Site (B) 17.04.030 Design Review (D) 17.04.090 Qualified (Q) 17.04.110 Mobile Home (T) Public Review Draft iii Subject to revision

CHAPTER 5: REGULATIONS THAT APPLY IN MORE THAN ONE ZONE 17.05.001 Area Requirements 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 on Public Ways 17.05.140 Off-Street Parking and Loading 17.05.141 Open Space for Multi-Family Development 17.05.180 Signs 17.05.181 Storm Drainage Improvements 17.05.182 Street Frontage 17.05.240 Yards CHAPTER 6: REGULATIONS THAT APPLY TO SPECIFIC USES 17.06.001 Accessory Buildings 17.06.002 Accessory Uses 17.06.003 Adult Entertainment Activities 17.06.004 Airports and heliports 17.06.005 Amusement Centers and Kindred Activities 17.06.006 Animals and Animal Shelters 17.06.007 Assemblages 17.06.010 Bed and Breakfast inns 17.06.020 Childcare Facilities 17.06.021 Communications Structures 17.06.040 Essential Services 17.06.060 Garage and Yard Sales 17.06.061 Guesthouses 17.06.070 Heavy Equipment Storage 17.06.071 Home Occupations 17.06.120 Major Retail Developments 17.06.121 Mobile Homes 17.06.122 Mobile Homes Used as Single-Family Dwellings 17.06.123 Mobile Home Parks 17.06.124 Model Homes and Temporary Sales Offices 17.06.130 Nonconforming Uses. 17.06.150 Promotional Events 17.06.151 Public Uses 17.06.152 Public Utility Buildings and Uses 17.06.170 Recreational Vehicle Parks 17.06.171 Removal of Natural Materials 17.06.180 Sales and Boarding of Animals Public Review Draft iv Subject to revision

17.06.181 Sand, Gravel, and Quarry Operations 17.06.182 Schools 17.06.183 Second Residential Dwellings 17.06.184 Service Stations 17.06.185 Social Halls, Lodges, and Kindred Places 17.06.186 Swimming Pools 17.06.190 Traffic Impact Fees 17.06.210 Veterinary Hospitals or Clinics CHAPTER 7: PROCEDURES, AMENDMENTS AND ENFORCEMENT 17.07.001 Purpose 17.07.002 Zoning Administrator 17.07.003 Initiation, Application and Fees 17.07.004 Application Procedures, Hearings and Appeals 17.07.005 Grounds for Revocation 17.07.006 Expiration of Permits and Variances 17.07.007 Security 17.07.050 Development permits Zoning Clearance Certificates 17.07.060 Use Permits 17.07.070 Variances 17.07.080 Planned Developments 17.07.090 Development Agreements 17.07.100 Design Review 17.07.200 Zoning Amendments 17.07.500 Enforcement DEFINITIONS & ILLUSTRATIONS Public Review Draft v Subject to revision

CHAPTER 1 TITLE AND PURPOSE Sections: 17.01.010 Adoption 17.01.020 Short Title 17.01.030 Purpose of Provisions 17.01.040 Consistency with Fortuna General Plan 17.01.010 Adoption A. There is adopted a zoning ordinance for the City of Fortuna, as provided by Title 7, Division 1, Chapter 4 Zoning Regulations, of the Government Code of the state of California: (Sections 65800 et seq.). This Title constitutes a short-range precise plan for the use of land consistent with, and implementing the Fortuna General Plan standards. B. The provisions of this Title shall apply to all lands and all owners of lands within all of the incorporated area of the city: (Ord. 78-391 1.01). 17.01.020 Short Title This Title shall be known and cited as the zoning regulations ordinance of the City of Fortuna. In any administrative action taken by any public official under the authority set forth in this Title, the term zoning regulations ordinance, unless further modified, shall also refer to and mean this Title: (Ord. 78-391 1.02). 17.01.030 Purpose of Provisions The ordinance codified in this Title is adopted to promote and protect the public health, safety, comfort, morals, convenience, and general welfare; to implement the Fortuna General Plan; to provide for sound and orderly growth and development; and to protect, maintain, and enhance the quality of life within the various residential districts of the city: (Ord. 78-391 1.03). 17.01.040 Consistency with Fortuna General Plan A. The city council and planning commission are mandated by the state to ensure that the various land uses authorized by the text and map of the ordinance codified in this title are compatible with the objectives, policies, general land use, and programs specified in the Fortuna General Plan. B. In construing the provisions of this section, it is intended that the Fortuna General Plan and elements and parts thereof comprise an integrated, internally consistent and compatible statement of policies for the adopting agency: (Ord. 78-391 3.06). Public Review Draft 1 Subject to revision

CHAPTER 2 ENUMERATION OF ZONES AND ADOPTION OF ZONING MAP Sections: 17.02.010 Principal Zones -- Enumerated 17.02.020 Combining Zones -- Enumerated 17.01.030 Zoning Map Adopted 17.02.040 Determination of Zone Boundaries 17.02.050 All Territory in City Affected Annexations 17.02.060 Provisions Applicable to All Zones 17.02.070 Zoning Regulations -- Conflicts 17.02.010 Principal Zones Enumerated The several zoning districts established, into which the city may be divided, are listed below: Residential Estates (RE) Residential Single Family (R-1) Multifamily Residential (R-M) Neighborhood Commercial (N-C) Retail Commercial (R-C) Commercial Thoroughfare (C-T) Freeway Commercial (FC) Light Industrial (M-1) Heavy Industrial (M-2) Agriculture Exclusive (A-E) Public Facility (PF) 17.02.020 Combining Zones Enumerated In addition to the principal zones established in FMC 17.02.010, certain combining regulation zones are established as follows: Special Building Site (B) Design Review (D) Qualified (Q) Mobile Home (T) 17.02.030 Zoning Map Adopted The locations and boundaries of the zoning districts are established as they are shown on a map entitled The Zoning Map of the City of Fortuna (hereafter referred to as zoning map ) and amendments thereto, signed by the mayor and city clerk, which map and amendments are declared to be a part of this Title: (Ord. 78-391 3.03(A)). Public Review Draft 3 Subject to revision

17.02.040 Determination of Zone Boundaries Where uncertainty exists as to the boundaries of any of the zoning districts shown on the Zoning Map, the following rules shall apply. Where more than one of the following rules is applicable in any given situation, the first enumerated and applicable rules shall prevail: A. Where the district boundary line is shown by a specific dimension, such specific dimension shall control. B. Where a district boundary is located within or along a street, alley, right-of-way, or channelized waterway, the district boundary line shall be deemed to be such street, alley, rightof-way, channelized waterway, or extensions thereof or there-from. C. Where a dedicated street or alley shown on the Zoning Map is vacated by resolution or ordinance, the property formerly in the street or alley shall be included within the zone of the adjoining properties on both sides of the vacated street or alley. In the event that the centerline of the vacated street or alley was the boundary between two or more different zones, the zone boundary remains the former centerline of the vacated street or alley. D. Where a district boundary line is shown as approximately following platted lot lines, the district lot lines shall be deemed to coincide with such platted lot lines. E. Where a centerline of a dedicated or vacated street or alley is the boundary between zones, that boundary may be extended across acreage, blocks, or large lots as deemed appropriate by the planning commission and city council. F. Where zone boundary lines are not approximately street, alley, or lot lines, whether existing, vacated, or extended, and where the zoning boundaries are not accompanied by present or future detailed maps of smaller scale and lot text notations on zone depth from the centerline or frontage of a street, then the boundary lines of the zoning map shall be determined by the scale contained on such map. Where uncertainty exists, the zone boundary line shall be determined by the planning commission, consistent with the Fortuna General Plan: (Ord. 78-391 3.03(B)). 17.02.050 All Territory in City Affected Annexations A. All incorporated territory of the city shall be classified as specified by the Zoning Map adopted as part of this Title. B. Any land that shall be annexed to the city shall be appropriately zoned subject to the provisions of subsections (C) and (D) of this section. C. The owner of any land, prior to filing a petition for annexation to the city, may file an application for pre-zoning by complying with local and state provisions and paying the fees established by the city council by fee resolution. The pre-zoning, as established by the planning commission with the approval of the city council, will be binding upon the city as of the effective date of the annexation. D. In the event that a proposed annexation is instituted by the city or other property owners, any owner of land included in the proposed annexation, the city council, the planning commission, or the city manager, when acting in their official capacity, may file an application for pre-zoning by complying with the provisions and procedures set forth in this Title. Public Review Draft 4 Subject to revision

E. The payment of fees is waived for the city, city council, planning commission, or city manager, when acting in their official capacity. Zoning established by the planning commission, with the approval of the city council, will be binding on the city as of the effective date of city council concurrence: (Ord. 2009-681Z 3; Ord. 78-391 3.04). 17.02.060 Provisions Applicable to All Zones Each and every zone shall be subject to the provisions of FMC 17.51.040 and Chapter 17.54 FMC, in addition to the requirements and regulations set forth elsewhere in this Title. for each of the zones. The purpose of FMC 17.51.040 and Chapter 17.54 FMC is to establish standards and considerations in order to achieve the maximum compatibility of these listed uses with their immediate and general settings. The standards and considerations shall apply to principal and accessory uses as specified, and shall guide the planning commission in the issuance of conditional use permits: (Ord. 78-391 6.01). 17.02.070 Principal Zoning Regulations Conflicts In addition to the regulations specified in this title for each of the principal zones, the general regulations set forth in all Chapters of this title FMC 17.51.040 and Chapter 17.54 FMC shall be applicable to each and every such zone. In the event of conflict between the particular regulations for each zone set forth in this Title and the general regulations set forth in FMC 17.51.040 and Chapter 17.54 FMC, the more restrictive regulations shall apply. In doubtful cases, the planning commission shall determine which of the conflicting regulations shall be applicable: (Ord. 78-391 4.01). Public Review Draft 5 Subject to revision

CHAPTER 3 REGULATIONS THAT APPLY IN PRINCIPAL ZONING DISTRICTS Sections: 17.03.010 Residential Estates (RE) 17.03.011 Residential Single-Family (R-1) 17.03.012 Multifamily Residential (R-M) 17.03.020 Neighborhood Commercial (N-C) 17.03.021 Retail Commercial (R-C) 17.03.022 Commercial Thoroughfare (C-T) 17.03.023 Freeway Commercial (FC) 17.03.030 Light Industrial (M-1) 17.03.031 Heavy Industrial (M-2) 17.03.040 Agriculture Exclusive (A-E) 17.03.050 Public Facility (PF) Public Review Draft 7 Subject to revision

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 singlefamily 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: (Ord. 78-391 4.02(A)). B. Permitted Principal Uses. One single-family dwelling or mobile home per lot: (Ord. 78-391 4.02(B)). Permitted principal uses in the RE districts are as follows: 1. Single-family dwellings, not to exceed one per lot; 2. Keeping of not more than eight household pets on each lot: (Ord. 78-391 4.02(B)). 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. Childcare 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: (Ord. 78-391 4.02(B)), D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 7: 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; Public Review Draft 8 Subject to revision

3. Country clubs, tennis clubs, and golf courses; 4. Group care, retarded Community care facilities with seven or more (FMC 17.08.152, 5. Childcare facilities with nine or more children, subject to the provisions of FMC 17.06.020. 5. Repealed by Ord. 97-606, 6. Second residential dwellings: (Ord. 97-606 3; Ord. 88-526 2; Ord. 81-457 3; Ord. 78-391 4.02(D)). 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 by through a use permit: (Ord. 98-617 3; Ord. 78-391 4.02(E)). F. Lot Standards, Yards, and Floor-Area Ratio. Area, lot width and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC 17.05.240, except where increased for conditional uses: District Minimum Depth or Width in Feet Net Lot Lot Lot Depth of Required Yards Area Width (Ft.) Total for (Sq. ft.) (Ft.) Front Side Rear Two Side RE-43 43,560 140 150 40 20 45 40 RE-20 20,000 120 100 30 15 35 30 (Ord. 86-503 1; Ord. 78-391 4.02(F)). 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 on 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: (Ord. 78-391 4.02(G)), 2. Signs shall comply with all provisions of FMC 17.05.180. Public Review Draft 9 Subject to revision

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 singlefamily dwellings. The R-1 districts is are intended to accommodate groups of single-family homes, together with the schools, parks, open spaces, and other public services required for a satisfactory family (residential instead?) environment. The range of density classes indicated for the R-1 districts 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: (Ord. 78-391 4.03(A)). B. Principal Permitted Use. One single-family dwellings or mobile home per lot: (Ord.78-391 4.02(B)); not to exceed one per lot. The principal permitted use in R-1 districts is C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002: Permitted accessory uses in the R-1 districts are as follows 1. One second residential dwelling per lot, subject to the provisions of FMC 17.06.183); 2. Childcare 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 for household workers employed on the premises; 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; 9. Other accessory uses and buildings customarily appurtenant to a permitted use: (Ord. 78-391 4.02(B)), D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 7: Conditional uses in the R-1 districts are as follows, 1. Essential services, public and quasi-public storage buildings and uses, not including service centers, storage or repair yards, warehouses, and similar uses; Public Review Draft 10 Subject to revision

2. Model homes and temporary sales offices, subject to the provisions of FMC 17.06.124; 3. Group care, retarded; Community care facilities with seven or more (FMC 17.08.152); 4. Childcare 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). 6. Repealed by Ord. 97-606, 7. Second residential dwellings: (Ord. 97-606 3; Ord. 88-526 2; Ord. 81-457 3; Ord. 78-391 4.02(D)). 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: (Ord. 98-617 4; Ord. 78-391 4.03(E)). F. Lot Standards, Yards, and Floor-Area Ratio. Area, lot width and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC District Classific atoin Net Lot Area (Sq. ft.) R1-10 10,000 100 80 35 30 7 20 25 R1-6 6,000 60 60 35 20 5 10 15 17.05.240, except where increased for conditional uses: (Ord. 83-474 l; Ord. 78-391 4.03(F)). 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. Lot Depth (Ft.) Lot Width (Ft.) Lot Coverage (Max %) 1. Off-street parking shall be is required for all uses, as provided in FMC 17.05.140: (Ord. 78-391 4.03(G)). 2. Signs shall comply with all provisions of FMC 17.05.180. Minimum Depth or Width in Feet of Required Yards Total for Front Side Rear Two Side Public Review Draft 11 Subject to revision

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: (Ord. 90-557 1). B. Principal Permitted Use. s A total of five multifamily dwelling units, subject to design review approval, pursuant to the provisions of Chapter 7. The following uses are permitted in the RM district C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002: The following accessory uses are permitted in the RM zone: 1. One second residential dwelling per lot, subject to the provisions of FMC 17.06.183; 2. Childcare 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: (Ord. 78-391 4.02(B)). D. Conditionally permitted Uses. Subject to securing a use permit, and design review approval with the exception of single-family dwellings, pursuant to the provisions of Chapter 7: 1. Six or more multifamily dwelling units; 2. Rest homes; 3. Hospital offices; 4. Repealed by Ord. 97-606, 4. Sheltered care facilities Community care facilities with seven or more (FMC 17.08.152); Public Review Draft 12 Subject to revision

5. Bed-and-breakfast inns, subject to the provisions of FMC 17.06.010; 6. Second residential dwellings, 6. Mobile home parks, subject to the provisions of FMC 17.06.123; 7. Childcare facilities with nine or more children, subject to the provisions of FMC 17.06.020; 8. Single-family dwellings: (Ord. 97-606 5; Ord. 90-557 1); 9. Principal permitted uses in the Neighborhood Commercial (N-C) zoning district: (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. F. Lot Standards, Yards, and Floor-Area Ratio. The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC 17.05.240, except where increased for conditional uses. Minimum Net Lot Area (Sq. ft.) Lot Width (Ft.) 10,000 80 Minimum Lot Depth 3 times lot width Minimum Depth or Width in Feet of Required Yards Front Side Rear Public Street 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. Minimum lot depth: three times lot width; 4. Minimum yards: a. Front: 20 feet, b. Side: 5 feet, Public Review Draft 13 Subject to revision

c. Rear: 10 feet, d. Public street: 10 feet. 5 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 of the design review board. 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. 6. Maximum Height Limit. a. 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 to a maximum of the lesser of 40 feet or three stories; b. 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. 7. Density: One unit per 2,000 square feet of net lot area. 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 may be provided on the following per unit basis: 1 bedroom 12 square feet 2 bedroom 21 square feet 3 bedroom 30 square feet Public Review Draft 14 Subject to revision

3. Off-street parking. Off-street parking shall be required for all uses, as provided in accordance with FMC 17.05.140: Off-street parking: As prescribed in 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 design review board. 5. Review procedures. As prescribed in Chapter 7 of these zoning regulations; (Ord. 04-644 1; Ord. 90-557 1). 6. Signs shall comply with all provisions of FMC 17.05.180. Public Review Draft 15 Subject to revision

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 serving the 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. It is the purpose of the N-C district to provide for retail and service uses adequate to supply the daily needs of neighborhood residents: (Ord. 78-391 4.07(A)). 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. Childcare 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: (Ord. 86-502 2; Ord. 83-475 1; Ord. 78-391 4.07(B)). C. Permitted Accessory Uses. Subject to the provisions of FMC 17.06.001 and 17.06.002: The following are the accessory uses permitted in the N-C district, 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 (Ord. 78-391 4.07(C)). D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 7: The following are conditional uses in the N-C district: Public Review Draft 16 Subject to revision

1. Residential uses having the density, open space, and setback requirements of the RM zone, subject to design review under Chapter 7, with the exception of single-family dwellings; 2. Mobile home parks, subject to the provisions of FMC 17.06.123; 3. Childcare 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: Minimum size of one acre, and Placement of the design control combining of -D zone on the entire project site, and Approval of the final site plan by the city council, after review by the planning commission; 10. Special schools: (Ord. 90-557 14; Ord. 83-475 1; Ord. 78-391 4.07(D)), E. Height Regulation. The maximum building height shall be 35 feet, except as provided for in FMC 17.05.070: (Ord. 78-391 4.07(E)). Public Review Draft 17 Subject to revision

F. Lot Standards, Yards, and Floor Area Ratio. Area, lot width, and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC 17.05.240, except where increased for conditional uses: Minimum Net Lot Area (Sq. ft.) Minimum Lot Width (Ft.) 2,000 25 Minimum Depth or Width in Feet of Required Yards Front Side Rear 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. (Ord. 95-600 4; Ord. 78-391 4.07(F)). 1. Floor area ratio shall not exceed 0.35. G. Other conditions Regulations. 1 Off-Street Parking. Off-street parking shall be is 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, newspaper stands, ice machines, and kindred uses. Except for nursery stock, all merchandise shall be stocked 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. 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: (Ord. 79-432; Ord. 78-391 4.07(G)). 6. Signs shall comply with all provisions of FMC 17.05.180. Public Review Draft 18 Subject to revision

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: (Ord. 78-391 4.08(A)). B. Principal Permitted Uses. 1. Art, music, and hobby stores; 2. Business administration offices; 3. Business service establishments; 4. Childcare 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 daycare 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 legitimate 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: (Ord. 86-502 2; Ord. 83-475 1; Ord. 78-391 4.08(B)). 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 in the R-C district are accessory uses and buildings customarily appurtenant to a permitted use: (Ord. 78-391 4.08(C)). Public Review Draft 19 Subject to revision

D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 7: The following are conditional uses in the R-C district, 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. Childcare 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 columbariums; 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. Residential uses that conform with the density, open space, and setback requirements of the RM zone, subject to design review under Chapter 7, with the exception of single-family dwellings: (Ord. 90-557 14; Ord. 83-475 l; Ord. 78-391 4.08(D)). E. Height Regulations. No building or structure shall exceed 48 feet in height, except as provided in FMC 17.05.070: (Ord. 78-391 4.08(E)). Public Review Draft 20 Subject to revision

F. Lot Standards, Yards, and Floor-Area Ratio. Area, lot coverage, and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC 17.05.240, except where increased for conditional uses: The following shall apply in the R-C district: Minimum Net Lot Area (Sq. ft.) Lot Coverage (Max %) 2,000 100 None (Ord. 95-600 3; Ord. 78-391 4.08(F)). Minimum Depth or Width in Feet of Required Yards Front Side Rear 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 conditions Regulations. 1. Off-street parking. Off-street parking shall be is 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. 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, newspaper stands, ice machines, kindred uses, and farmer s markets. The location of farmer s markets shall be approved by the city council. Except for nursery stock and farmer s markets, all merchandise shall be stocked 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. 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: (Ord. 92-579 1; Ord. 90-545 1; Ord. 79-432; Ord. 78-391 4.08(G)). 7. Signs shall comply with all provisions of FMC 17.05.180. Public Review Draft 21 Subject to revision

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: (Ord. 78-391 4.09(A)). B. Principal Permitted Uses. 1. Automotive services, general; 2. Childcare 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 daycare 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: (Ord. 2000-625 3; Ord. 86-502 2; Ord. 83-475 1; Ord. 78-432; Ord. 78-491 4.09(B)). 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. Permitted accessory uses in the C-T district are accessory uses and buildings customarily appurtenant to a permitted use: (Ord. 78-391 4.09(C)). D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 7: The following are conditional uses in the C-T district, Public Review Draft 22 Subject to revision

1. Autobody, fender, and radiator shops; 2. Ambulance service, mortuary, crematorium, or columbarium; 3. Childcare 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. Legitimate 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 7, with the exception of singlefamily 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; Public Review Draft 23 Subject to revision

18. Warehousing and wholesaling, when completely enclosed inside a building: (Ord. 2000-625 4; Ord. 90-557 14; Ord. 83-475 1; Ord. 79-432; Ord. 78-391 4.09(D)). E. Height Regulations. No building or structure shall exceed 48 feet in height, except as provided in FMC 17.05.070: (Ord. 78-391 4.09(E)). F. Lot Standards, Yards, and Floor-Area Ratio. Area, lot coverage, and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC 17.05.240, except where increased for conditional uses: The following shall apply in the C-T district: Minimum Net Lot Area (Sq. ft.) Minimum Lot Width 6,000 60 15 (Ord. 95-600 2; Ord. 78-391 4.09(F)). Minimum Depth or Width in Feet of Required Yards Front Side Rear 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 conditions Regulations. 1. Off-street Parking. Paved off-street parking and loading facilities shall be are required for all other 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 stocked 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. 3. 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 Public Review Draft 24 Subject to revision

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: (Ord. 79-432; Ord. 78-418; Ord. 78-391 4.09(G)). 6. Signs shall comply with all provisions of FMC 17.05.180. Public Review Draft 25 Subject to revision

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: (Ord. 91-568 1). B. Principal Permitted Uses. Subject to design review approval pursuant to Chapter 7: The following uses are permitted in the FC district, 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: (Ord. 2005-657 1; Ord. 91-568 1). 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. Permitted accessory uses in the FC district are accessory uses and buildings customarily appurtenant to a permitted use: (Ord. 91-568 1). D. Conditionally permitted Uses. Subject to securing a use permit and design review approval pursuant to the provisions of Chapter 7: The following are conditionally permitted uses in the FC zone, subject to design review under Chapter 17.61 FMC, 1. Public buildings; 2. Public uses; Public Review Draft 26 Subject to revision

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: (Ord. 2005-657 1; Ord. 91-568 1). E. Height Regulations. No building or structure shall exceed 48 feet in height, except as provided in FMC 17.05.070. F. Lot Standards, Yards, and Floor-Area Ratio. Area, lot coverage, and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC 17.05.240, except where increased for conditional uses: Minimum Net Lot Area (Sq. ft.) Minimum Lot Width 12,000 80 Maximum Lot Depth 3 times lot width Minimum Depth or Width in Feet of Required Yards Front Side Rear Public Street 15 5 10 10 1. Minimum net lot area: 12,000 square feet; 2. Minimum lot width: 80 feet; 3. Maximum lot depth: three times the lot width; 4. Minimum yards: a. Front: 15 feet, b. Side: five feet, c. Rear: 10 feet, d. Public street: 10 feet;. 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; Off-Street Parking. As prescribed in Chapter 17.51 FMC 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 Public Review Draft 27 Subject to revision

Public Review Draft. Fortuna Municipal Code. Title 17: Zoning Regulations. Fortuna Planning Commission Review Copy. June 28, 2011