Chapter 800.1 — PURPOSE AND EFFECT OF ZONING ORDINANCE

This Title is and may be cited as the Fresno County Zoning Ordinance, Division 6 of the Fresno Ordinance Code, hereafter referred to as "this Zoning Ordinance."

• A. Implements the General Plan. This Zoning Ordinance classifies and regulates the highest and best use of structures and land located in the unincorporated area of Fresno County in a manner consistent with the Fresno County General Plan, including all of its elements, and any applicable specific plans.

• B. Promote the public health, safety, and welfare. This Zoning Ordinance is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the County.

• C. Other purposes. The overall purposes of this Zoning Ordinance are to:

  1. Provide standards for the orderly growth and development of the County and to establish and maintain the unincorporated community’s history and unique quality characteristics in appropriate locations;

  2. Require quality planning and design that enhances the visual character of the County, ensures compatibility and avoids conflicts between land uses, and encourages the appropriate mixing of land uses;

  3. Conserve and protect the County's important agricultural, cultural, natural, and scenic resources, along with its natural beauty and significant open space;

  4. Protect sensitive environmental resources and promote an environmentally-sustainable pattern of conservation and development;

  5. Protect and enhance the value of property and promote economic growth;

  6. Create high-quality residential neighborhoods and commercial and industrial districts and preserve the quality of life and character of existing residential neighborhoods and commercial and industrial districts;

  7. Protect the public from hazards associated with natural and man-made disasters; and

  8. Create a comprehensive and stable pattern of land uses with which to plan drainage/flood control, energy, sewerage, transportation, water supply, and other public facilities and utilities.

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• A. Applicable State laws. This Zoning Ordinance is enacted based on the authority vested in Fresno County by the State of California, including but not limited to the State Constitution; 65800 and subsequent sections of the State Government Code; the California Environmental Quality Act, the Uniform Building Code, the State Subdivision Map Act, and the State Health and Safety Code.

• B. Consistency with General Plan and applicable specific plans required. This Zoning Ordinance is the primary tool used by Fresno County to implement the goals, policies, and programs of the Fresno County General Plan and various specific plans. The Fresno County Board of Supervisors intends that this Zoning Ordinance be consistent with the Fresno County General Plan and applicable specific plans, and that any land use, subdivision, or development approved in compliance with this Zoning Ordinance will also be consistent with the Fresno County General Plan and applicable specific plans. A proposed use is considered to be consistent with the General Plan and applicable specific plans when the following conditions exist:

  1. Compatible. The proposed use is compatible with the description of the Land Use Designation in which the use is located, as shown on the Land Use Diagram, and as described in the text of the General Plan and applicable specific plans;

  2. Conformance. The proposed use is in conformance with the goals, policies, programs, and maps, and the intent of the Fresno County General Plan and applicable specific plans; and

  3. Consistent. The proposed use is to be established and maintained in a manner that is consistent with all elements of the General Plan and applicable specific plans and all applicable provisions contained within the plans.

This Zoning Ordinance applies to all land uses, structures, subdivisions, lot line adjustments, and development within Fresno County, in the following manner.

• A. New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Zoning Ordinance, for any person to alter, construct, establish, reconstruct, or replace any use of land or structure except in compliance with the requirements of Section 804.1.020 (Requirements for Development and New Land Uses), and Chapter 870.6 (Nonconforming Uses, Structures, and Parcels).

• B. Issuance of construction permits. Building, grading, or other construction permits may be issued by the Department only after the proposed land use and/or structure has been determined to satisfy the requirements of Subsection A. above, and the Director determines that the site was subdivided in compliance with all applicable requirements of Title 17 (Division of Land).

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• C. Subdivision of land. Any land subdivided within Fresno County after the effective date of this Zoning Ordinance shall be consistent with the minimum parcel size requirements of Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), all other applicable requirements of this Zoning Ordinance, and the subdivision requirements of Title 17 (Division of Land).

• D. Continuation of an existing land use. An existing land use is considered to be lawful only when operated and maintained in compliance with all applicable provisions of this Zoning Ordinance. The requirements of this Zoning Ordinance are not retroactive in their effect on a land use that was lawfully established before the effective date of this Zoning Ordinance or any applicable amendment. A use that was legally established but does not fully comply with all of the requirements of this Zoning Ordinance may be maintained in compliance with Chapter 870.6 (Nonconforming Uses, Structures, and Parcels).

• E. Effect of Zoning Ordinance changes on projects in progress. The enactment of this Zoning Ordinance or amendments to its requirements may impose different standards on new land uses. The following provisions determine how the requirements of this Zoning Ordinance apply to projects in progress at the time requirements are amended.

  1. Projects with pending applications. Applications that have been accepted as complete, in compliance with State law (Government Code Section 65943) by the Department before the effective date of this Zoning Ordinance, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with this Zoning Ordinance.

Applications that have been accepted as complete, in compliance with State law (Government Code Section 65943) by the Department before the effective date of this Zoning Ordinance, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with this Zoning Ordinance.

2. Approved projects not yet under construction. An approved development for which construction has not begun as of the effective date of this Zoning Ordinance or amendment, may still be constructed as approved, as long as construction is diligently pursued, as determined by the Director, before the expiration of an applicable land use permit (Section 868.6.080, Expiration) or, where applicable, before the expiration of an approved time extension.

3. Approved projects/uses not involving construction. An approved land use not involving construction that has not been established as of the effective date of this Zoning Ordinance or amendment, may still be established in compliance with its approved permit, as long as establishment occurs before the expiration of the applicable land use permit (Section 868.6.080, Expiration) or, where applicable, before the expiration of an approved time extension.

4. Approved subdivisions not yet recorded. An approved subdivision for which a Parcel or Final Map, or waiver of Final Map, has not been recorded as of the effective date of this Zoning Ordinance or amendment, may still have a Parcel or Final Map recorded in compliance with the approved Tentative Map, as long as recordation occurs before the expiration of the Tentative Map or, where applicable, before the expiration of an approved time extension.

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5. Projects under construction. A structure that is under construction on the effective date of this Zoning Ordinance or any amendment need not be changed to satisfy new or different requirements of this Zoning Ordinance.

• F. Other requirements may still apply. Nothing in this Zoning Ordinance eliminates the need to obtain any other permits required by the County, or permits, approvals, or entitlements required by other provisions of the Fresno County Ordinance Code, the regulations of a County department, or a regional, State, or Federal agency.

• G. Conflicting permits and licenses to be void. Permits or licenses shall be issued by the County in compliance with the provisions of this Zoning Ordinance after the effective date of this Zoning Ordinance or amendment. Permits or licenses issued in conflict with this Zoning Ordinance shall be void.

• A. Responsible bodies and individuals. This Zoning Ordinance shall be administered by the Fresno County Board of Supervisors, Planning Commission, Director of the Department of Public Works and Planning, and the Department of Public Works and Planning, in compliance with Chapter 866.6 (Administrative Responsibility).

• B. Exercise of discretion. In the event that a provision of this Zoning Ordinance allows the review authority (designated County official or body) for a permit or other decision to exercise discretion in the application of a specific standard or requirement to a project, but does not identify specific criteria for a decision, the discretion shall be based on the following criteria:

  1. The proposed project complies with all applicable provisions of this Zoning Ordinance;

  2. The exercise of discretion will act to improve the compatibility of the proposed project with its site, surrounding properties, and the community, to a greater extent than if discretion were not exercised;

  3. The manner in which discretion is exercised will result in a more practical application of the provisions of this Zoning Ordinance given specific characteristics of the site and its surroundings than if discretion were not exercised; and

  4. The decision is consistent with the General Plan, any applicable specific plan, or any other applicable regulation or standard.

If any article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this Zoning Ordinance is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of this Zoning Ordinance. The Fresno County Board of Supervisors hereby declares that this Zoning Ordinance and each article, chapter, section, subsection, paragraph, subparagraph, sentence,

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clause, phrase, or portion would have been adopted irrespective of the fact that one or more portions of this Zoning Ordinance may be declared invalid, unconstitutional, or unenforceable.

The headings of the articles, chapters, sections, subsections, paragraphs, and subparagraphs of this Zoning Ordinance, together with the accompanying graphics, illustrations, examples, and explanatory notes, are inserted as a matter of convenience and in no way define, limit, or enlarge the scope or meaning of this Zoning Ordinance or its provisions.

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Interpretation of Regulations