Chapter 842.5 — CONDITIONAL USE PERMITS

The purpose of this Chapter is to allow for activities requiring a Conditional Use Permit or an Unclassified Conditional Use Permit and which are so unique that their effect on the surrounding environment cannot be determined before being proposed for a particular location. At the time of application, a review of the configuration, design, location, and potential effect of the proposed activity shall be conducted by comparing it to established development and site standards. This review shall determine whether the proposed use should be allowed by weighing the public need for and the benefit(s) to be derived from the proposed use, against the potential negative effects it may cause.

• A. Conditional Use Permits for Uses listed in Article 2. The land use activities listed in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) may be allowable subject to the approval of a Conditional Use Permit, also referred to as a “Classified” Conditional Use Permit.

• B. Unclassified Conditional Use Permits for specified uses. In addition, to those uses allowed subject to a “Classified” Conditional Use Permit listed in Article 2, all of the following uses may be allowed in any zone through the approval of an Unclassified Conditional Use Permit, except for any use, including a power generating plant, that utilizes coal, coke, or other coal based fuel as an industrial fuel source, or where expressly prohibited. For purposes of the Zoning Ordinance, the Conditional Use Permit and Unclassified Use Permit shall be treated and processed in the same manner:

  1. Airport or aircraft landing facilities, provided, however, no review of the permit shall be required in any of the following areas: Section 28, T. 13 S., R. 14 E.; Section 4, T. 15 S., R. 17 E.; Section 21, T. 17 S., R. 17 E.; Section 34. T. 19 S., R. 17 E.; M.D.B. and M;

  2. Ambulance substations;

3. Cemeteries;

4. Convents and rectories, when connected with other religious institutions (e.g., places of worship or schools);

5. Development of natural resources with necessary structures, apparatus, or appurtenances related to the subject development. For surface mining operation see the provisions of Section 834.4.220 (Development of Material Extraction Sites);

6. Golf courses and driving ranges;

Final Zoning Ordinance

February 2024

5-7

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 842.5

Conditional Use Permits

7. Governmental facilities;

8. Health spas;

9. Hospitals;

10. Interstate freeways interchange commercial development as identified in Section 834.4.200 (Interstate Freeway Interchange Commercial Development);

11. Observatories;

12. Oil and gas development uses in compliance with Section 834.4.250 (Oil Drilling/ Extraction Standards);

13. Parks, including facilities appropriate and incidental to parks (Section 834.4.260);

14. Power production and generation facilities (includes utility-scale photovoltaic facilities subject to the County’s adopted Solar Facility Guidelines, wind farms and hydroelectric facilities subject to County jurisdiction);

15. Private clubs and lodges;

16. Public utility and public services, structures, and uses, except as otherwise provided in this Chapter;

17. Radio or television antennas and transmitters (commercial);

18. Residential facilities caring for seven or more, subject to the population density standards of rest homes (Section 834.4.310 Rest Home Standards);

19. Rest homes;

20. Rifle and pistol practice range, skeet field, archery range, or other similar place;

21. Special Event Facility

22. Solid waste disposal facilities;

23. Solid waste processing facilities;

24. Solid waste transfer stations;

25. Small oil refineries limited to removal of entrained crude oil from natural gas; separation of crude oil into naphtha, kerosene, fuel oil, and diesel oil; blending of naphtha and

Final Zoning Ordinance

February 2024

5-8

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Conditional Use Permits

Chapter 842.5

kerosene to produce jet fuel and gasoline; and reforming of heavy naphtha in the presence of a catalyst to produce unleaded gasoline;

26. Stadia; and

27. Wireless Telecommunication Facilities (Section 834.4.420).

• A. Filing. An application for a Conditional Use Permit, together with the required fee in compliance with the Master Schedule of Fees, shall be filed with the Department in compliance with Chapter 838.5 (Application Filing, Processing, and Fees).

• B. Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials specified in the most up-to-date Department handout for Conditional Use Permit applications.

• C. Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this Chapter.

• D. Review authority. The Commission shall be the applicable review authority for reviewing Conditional Use Permits.

• E. Notice and hearings.

  1. A public hearing shall be required for the Commission’s decision on a Conditional Use Permit.

  2. A public hearing shall be scheduled once the Director has determined the application complete.

4. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 874.6 (Public Hearings).

Each Conditional Use Permit application shall be analyzed to ensure that the application is consistent with the intent and purpose of this Chapter.

A. Commission’s action.

Final Zoning Ordinance

February 2024

5-9

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Conditional Use Permits

Chapter 842.5

1. Following a hearing, the Commission shall record the decision in writing and shall recite the findings upon which the decision is based.

2. The Commission may approve or deny a Conditional Use Permit in whole or in part and may impose specific development and operational conditions.

3. These conditions shall relate to both on and off-site improvements that are necessary to accommodate property development, mitigate project related adverse effects, and to carry out the purpose and requirements of the subject zone.

4. The Commission’s action is final unless appealed, except Conditional Use Permits filed concurrently with other applications required to be heard by the Board.

5. A tie vote shall constitute denial.

• B. Required findings. The Commission may approve a Conditional Use Permit application, with or without conditions, only if all of the four following findings are first made:

  1. The site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this Chapter, to adjust the use with land and uses in the neighborhood;

  2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

  3. The proposed use will have no adverse impact on abutting property and surrounding neighborhood or allowed use thereof; and

  4. The proposed development is consistent with the General Plan.

In approving a Conditional Use Permit application, the Commission may impose conditions deemed reasonable and necessary to protect the public health, safety, and general welfare and to ensure that the approval would be in compliance with the findings required by Section 842.5.050 (Findings and Decision), above.

Permits shall not be issued for any use involved in an application for a Conditional Use Permit until and unless the same shall have become final, in compliance with Section 868.6.030 (Effective Date of Permits).

• A. Changes to an approved project. An approved Conditional Use Permit may be modified in compliance with Section 868.6.100 (Changes to an Approved Project).

Final Zoning Ordinance

February 2024

5-10

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 842.5

Conditional Use Permits

• B. Modifications by Director. Minor modifications to an approved permit may be approved by the Director, in compliance with Section 868.6.100.

• A. Mapping required. Within 30 days following the granting of a Conditional Use Permit, the Department shall indicate on the Zone Map the parcel(s) affected by the Conditional Use Permit.

• B. File number of the permit. The indication shall show the file number of the permit.

The procedures relating to changes, performance guarantees, and revocation that are identified in Article 6 (Zoning Ordinance Administration) and those identified in Chapter 868.6 (Permit Implementation, Time Limits, Extensions and Revocation) shall apply following the decision on a Conditional Use Permit application. Provisions for additional time to exercise certain approved Conditional Use Permits prior to expiration within the boundaries of a County-adopted Specific Plan are noted in Subsection 868.6.202.A.4.

Final Zoning Ordinance

February 2024

5-11

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 842.5

Conditional Use Permits

- This Page Intentionally Left Blank -

Final Zoning Ordinance

February 2024

5-12

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 844.5

Development Agreements