Chapter 802.1 — INTERPRETATION OF REGULATIONS

This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Zoning Ordinance. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the provisions of this Zoning Ordinance, the General Plan, and applicable specific plans.

• A. Authority. The Director of the Department of Public Works and Planning is assigned the responsibility and authority to interpret the requirements of this Zoning Ordinance. The Director’s interpretations shall be appealable, first to the Commission and then to the Board, in compliance with Chapter 876.6 (Appeals).

• B. Language.

  1. Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel, and document titles are shortened hereafter in this Zoning Ordinance.

  - a. The word “County” shall mean the County of Fresno. 
  
  - b. The County Assessor of the County of Fresno is referred to as the “Assessor.” 
  
  - c. The County Board of Supervisors of the County of Fresno is referred to as the “Board.” 
  
  - d. The word “City” shall mean any incorporated city situated in the County of Fresno. 
  
  - e. The words “buildings and structures” are referred to as “structures.” 
  
  - f. The County Department of Public Works and Planning is referred to as the “Department.” 
  
  - g. The County Director of the Department of Public Works and Planning, or the Director’s designee, is referred to as the “Director.” 
  
  - h. The County Recorder of the County of Fresno is referred to as the “Recorder.” 
  
  - i. The word “Federal” shall mean the Government of the United States of America. 
  
  - j. Fresno County is referred to as the “County.” 
  
  - k. The Fresno County Board of Supervisors Master Schedule of Fees is referred to as the “Master Schedule of Fees.”
  

Final Zoning Ordinance

February 2024

1- 6

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 802.1

Interpretation of Regulations

• l. The Fresno County Zoning Ordinance is referred to as “this or the Zoning Ordinance.”

• m. Goals, policies, and programs of the General Plan are understood to also include all related actions, diagrams, maps, objectives, standards, and tables contained in the General Plan.

• n. The County Planning Commission of the County of Fresno is referred to as the “Commission.”

• o. The word “State” shall mean the State of California. p. The State of California Government Code is referred to as the “Government Code.”

• q. The word “used” includes the words “arranged for, designed for, occupied or intended to be occupied for.”

• r. The words “Zone Map” shall mean the Official Zone Map of the County of Fresno which is a part of the comprehensive Zoning Ordinance of the County of Fresno.

2. Terminology. When used in this Zoning Ordinance, the words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. However, use of the word “shall” in this Zoning Ordinance is not intended to, nor shall it be deemed to, create a mandatory duty imposed by an enactment within the meaning of Government Code Section 815.6. “Should” is not mandatory but is strongly recommended; and “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “includes” and “including” shall mean “including but not limited to...”

3. Conjunctions. The following conjunctions shall be interpreted as follows:

• a. “And” means that all items or provisions so connected shall apply.

• b. “Or” means that all items or provisions so connected may apply singularly or in any combination.

• c. “And/or” means that all items or provisions so connected shall apply singularly or in combination.

• d. “Either . . . or” means that the items or provisions so connected shall apply, but not in combination.

4. Number of days. Whenever a number of days is specified in this Zoning Ordinance, or in any permit, condition of approval, or notice issued or given as provided in this

Final Zoning Ordinance

February 2024

1- 7

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 802.1

Interpretation of Regulations

Zoning Ordinance, the number of days shall be construed as calendar days. Time limits will extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday when the Department is normally closed for business.

5. Minimum requirements.

• a. The provisions of this Zoning Ordinance shall be considered the minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums), for the promotion of the public health, safety, and general welfare.

• b. When this Zoning Ordinance provides for discretion on the part of a review authority, the discretion may be exercised to impose more stringent requirements than required by this Zoning Ordinance, as determined by the applicable review authority to be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this Zoning Ordinance.

6. State law requirements . Where this Zoning Ordinance references applicable provisions of State law (e.g., the Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

C. Calculations.

1. Residential density. When the number of dwelling units allowed on a site is calculated based on density limits established by a zone, any fraction of a unit shall be rounded down to the next lowest whole number.

For example, within the "R-4" High Density Multi-Family Residential Zone, where both community water supply and public sewage disposal systems exist, there shall be a minimum of 1,000 square feet of parcel area for each dwelling unit allowed.

Consequently, where the parcel has 10,500 square feet of parcel area or more, but less than 11,000 square feet of parcel area, the parcel shall not be used for more than 10 dwelling units.

10,500 sq. ft. parcel ÷ 1,000 sq. ft. per dwelling unit = would allow 10.5 dwelling units, rounded down to 10 dwelling units.

2. All other calculations. For all other calculations required by this Zoning Ordinance, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, unless otherwise specified.

Final Zoning Ordinance

February 2024

1- 8

Interpretation of Regulations

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 802.1

• D. Zone Map boundaries. If there is uncertainty about the location of any zone boundary shown on the official Zone Map, the following rules are to be used in resolving the uncertainty:

  1. Parcel, street, and alley lines. Where zone boundaries approximately follow parcel, alley, or street lines, the parcel lines and street and alley centerlines shall be construed as the zone boundaries;

  2. Zone Map scale. If a zone boundary divides a parcel and the boundary line location is not specified by distances printed on the Zone Map, the location of the boundary will be determined by using the scale appearing on the Zone Map; and

  3. Vacated street or alley. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zone of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.

• E. Allowable uses of land. If a proposed use of land is not specifically listed in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), the use shall not be allowed, except as follows.

  1. Director’s determination. The Director may determine that a proposed use not listed may be allowed as a permitted or conditional use, in compliance with Section 802.1.030 (Procedures for Interpretations), below. In making this determination, the Director shall first find that:

  - a. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, dust, intensity, noise, parking, population density, or traffic generation than the uses listed in the zone; 
  
  - b. The proposed use will meet the purpose and intent of the zone that is applied to the site; 
  
  - c. The proposed use will be consistent with the goals, policies, and programs of the General Plan or any applicable specific plan; and 
  
  - d. The proposed use is not listed as allowable in another zone.
  

2. Applicable standards and permit requirements. When the Director determines that a proposed but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Zoning Ordinance apply.

3. Commission determination. The Director may forward questions about similar uses directly to the Commission for a determination.

Final Zoning Ordinance

February 2024

1- 9

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 802.1

Interpretation of Regulations

F. Conflicting requirements.

1. Zoning Ordinance and County Ordinance Code provisions. If conflicts occur between requirements of this Zoning Ordinance, or between this Zoning Ordinance and other regulations of the County, the most restrictive shall apply.

2. Development agreements or specific plans. When conflicts occur between the requirements of this Zoning Ordinance and standards adopted as part of a development agreement or specific plan, the requirements of the development agreement or specific plan shall apply.

3. Private agreements.

• a. This Zoning Ordinance and its requirements shall not abrogate, annul, interfere with, or repeal any private agreement, covenant, easement, or other restriction that existed at the time, or was entered into after, this Zoning Ordinance became effective.

• b. This Zoning Ordinance applies to all land uses and development, regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (e.g., CC&Rs), without affecting the applicability of any agreement or restriction.

• c. The County shall not enforce any private agreement or restriction unless it is a party or a third-party beneficiary to the agreement or restriction.

Whenever the Director determines that the meaning or applicability of the requirements of this Zoning Ordinance are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. Interpretations may also be requested in compliance with this Section.

• A. Request for interpretation. A request for an interpretation or determination shall be made in writing to the Director and shall include all information described in the instructions for interpretation requests, available from the Department, and payment of the applicable fee in compliance with the Master Schedule of Fees.

B. Record of interpretations.

1. Official interpretations.

• a. Contents of interpretations. Official interpretations shall be in writing, and shall:

Final Zoning Ordinance

February 2024

1- 10

Interpretation of Regulations

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 802.1

     - (1) Quote the provisions of this Zoning Ordinance being interpreted, include a specific citation(s), and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; 

     - (2) Include a finding(s) stating the basis for the interpretation, which may include technological changes or new industry standards; and 

     - (3) Include a finding(s) documenting the consistency of the interpretation with the General Plan and any applicable specific plan. 

  - **b. Distribution of interpretations.** Shall be distributed to the Board, Commission, County Counsel, Clerk of the Board, and Department staff. 

2. Amendment of Zoning Ordinance. Provisions of this Zoning Ordinance that are determined by the Director to need refinement or revision should be corrected by amending this Zoning Ordinance as soon as is practical. Until amendments can occur, the Director will maintain a record of official interpretations, available for public review, and indexed by the number of the Section that is the subject of the interpretation.

• C. Appeals and referral.

  1. Appeals. Interpretations of this Zoning Ordinance by the Director shall be appealable, first to the Commission and then to the Board, in compliance with Chapter 876.6 (Appeals).

  2. Referral. The Director may also refer interpretations to the Commission for a determination.

A. Responsibility for maintaining official version.

1. The Clerk of the Board shall maintain the official version of this Zoning Ordinance.

2. In the event the County maintains an online version, an electronic version (e.g., Microsoft Word, PDF, etc.), and/or a printed (hard copy) version of the Zoning Ordinance or contracts with an outside vendor to provide online public access to the Zoning Ordinance, the printed (hard copy) version of the Zoning Ordinance shall be the controlling legal authority.

3. The County may provide an online version or an electronic version (e.g., Microsoft Word, PDF, etc.) of the Zoning Ordinance as a public service in order to enhance public access and interaction.

4. A disclaimer should be included indicating that the Zoning Ordinance and related materials that are posted to, or linked from, the County’s website are provided as a

Final Zoning Ordinance

February 2024

1- 11

Chapter 802.1 Interpretation of Regulations

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

public service and may, from time to time, contain information that is not completely up-to-date.

• B. Discrepancy between versions. In the case of a discrepancy between the online or electronic version and the official hard copy version of the Zoning Ordinance, the official hard copy version shall prevail.

Final Zoning Ordinance

February 2024

1- 12

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Land Use Permit Requirements

Chapter 804.1