Fresno Municipal Code Art. 4 Non-Conforming Uses, Structures, Site Features, and Lots

The purpose of this article is to permit continued utility and economic viability of uses, structures, site features, and lots that were created lawfully prior to the adoption of this Code, but do not conform to its provisions, while preventing new non-conformities.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A use, structure, site feature, or lot shall be considered non-conforming if it was created prior to the adoption of this Code, or any amendment thereto, and does not conform to its provisions. The Director shall evaluate all available documentation to determine that non-conforming uses, structures, and site features shall have Legal Non-Conforming status or Illegal Non-Conforming status as follows:

A. Legal Non-Conforming Status. A use, structure, or site feature shall be designated as having Legal Non-Conforming status if it was lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment and has continuously remained in compliance with all terms and conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter, based on evidence provided by the property owner, tenant, or applicant. Legal Non-Conforming status shall also be assigned if non-conformities were created by a public improvement, such as a street widening project.

B. Illegal Non-Conforming Status. A use, structure, site feature, or lot shall be designated as having Illegal Non-Conforming status if it was not lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment or has not continuously remained in compliance with all terms and conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Nothing in this article shall be deemed to allow the use, change in use, repair, alteration, expansion, enlargement, or reconstruction of an Illegal Non-Conforming use, structure, or site feature. Any such Illegal Non-Conforming use shall be discontinued and any such Illegal Non-Conforming structure or site feature shall be removed.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Continuation of Legal Non-Conforming Uses. Except as otherwise provided in this article, any Legal Non-Conforming use may be continued indefinitely. No Illegal Non-Conforming use shall be continued unless such use subsequently comes into conformity with the applicable provisions of this Code.

B. Expansion of Legal Non-Conforming Uses. A Legal Non-Conforming use shall not be expanded unless a Conditional Use Permit is granted for such expansion. Prior to issuance of a Conditional Use Permit, it must be determined that at least one of the following three circumstances exists:

1. The resultant use and/or project design will reduce current adverse impacts on adjacent properties and/or on the general public;

2. The resultant use and/or project design will aid in the preservation of a historic resource; or

3. The expansion of the use or the enlargement of a structure housing a non-conforming use is necessary to comply with a requirement imposed by law for the operation of the particular use, including, but not limited to, regulations for disabled access or seismic retrofit.

C. Change of Legal Non-Conforming Use. A Legal Non-Conforming use shall not be changed to, or substituted for, another non-conforming use unless a Conditional Use Permit is granted for such change or substitution. To grant such a Conditional Use Permit the Director must first find that, in addition to the findings required by Section 15-404-B, the resultant use will be more consistent with the uses permitted in the district than the former use.

D. Change of a Legal Non-Conforming Industrial Use. A Legal Non-Conforming Industrial Use shall not be changed to, or substituted for, another use other than to come into compliance with this Code.

E. Change to a Conforming Use. When a Legal Non-Conforming use has been changed to a conforming use, the non-conforming use shall not be re-established thereafter, with the following exception: Within Residential Multi-Unit, Mixed-Use, or Commercial districts, structures which are determined by the Director to have been lawfully constructed as single-unit dwellings may be returned to single-unit use at any time. The Director shall base such a determination on evidence including building permits, County Assessor's data, building design and appearance, or other records which document that the building was originally constructed as a single-unit home.

F. Abandonment of Legal Non-Conforming Uses.

1. Residential Districts. A Legal Non-Conforming use shall not be re-established in any structure in a Residential District if such Legal Non-Conforming use has ceased for a consecutive six-month period.

2. Mixed Use Districts. A Legal Non-Conforming use shall not be re-established in any structure if such Legal Non-Conforming use has ceased for a consecutive five-year period.

3. All Other Districts. A Legal Non-Conforming use shall not be re-established in any structure if such Legal Non-Conforming use has ceased for a consecutive 12-month period within five years of January 3, 2016. Once the five year period from the effective date of this Code has passed, a Legal Non-Conforming Use shall not be re-established in any structure in a Non-Residential District if such Legal Non-Conforming Use has ceased for a consecutive period of 90 days or more.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 4, eff. 10-21-16; Am. Ord. 2018-25, § 3, eff. 6-11-18; Am. Ord. 2025-024, § 5, eff. 7-27-25).

A. Applicability. This section shall apply to all Legal Non-Conforming buildings, fences, parking, landscaping, and other such physical improvements to a lot, with the exception of non-conforming signs, which are regulated by Article 26.

B. Continuation of Existing Structures and Site Features. Except as otherwise stated in this article, any Legal Non-Conforming structure or site feature may be continued indefinitely. Any Illegal Non-Conforming structure or site feature shall be removed or modified to conform to the provisions of this Code.

C. Completion of Structures or Site Features. The provisions of this article shall not be construed to preclude the completion of any structure or site feature upon which lawful construction has begun prior to the time of enactment of this Code or any amendment thereto, or prior to the time of inclusion in the city.

D. Repair and Maintenance of Non-Conforming Structures or Site Features.

1. Maintenance. A Legal Non-Conforming structure or site feature may be maintained as necessary to keep it in good working order.

2. Repairs and Alterations. Notwithstanding the provisions of Section 15-404-B, any Legal Non-Conforming structure or site feature may be repaired and/or altered, provided that such repairs and alterations do not increase any non-conformity.

3. Repair of Unsafe Structures or Site Feature. The provisions of this article shall not be construed to preclude the repair or alteration of any part of any structure or site feature declared to be unsafe by the Building Official when such repairs or alterations are for the purpose of restoring the structure or site feature to a safe condition.

E. Enlargement of Non-Conforming Structures.

1. Enlargement of Single-Unit Residential Structures. A legal non-conforming single-unit use or structure in a Non-Residential District may be enlarged, provided the addition does not reduce the number of parking spaces, alter the size of parking spaces, or the location and size of driveways; and the addition does not change the structure from single-unit use to multi-unit use. Such an expansion shall conform to the property development standards of either the Base District (and Overlay Districts, if applicable) for the site, or a Residential District which is appropriate to the size and configuration of the site at the discretion of the Review Authority.

2. Enlargement of Other Legal Non-Conforming Structures and Site Features. A legal non-conforming structure or site feature being used for a conforming use may be enlarged or structurally altered if the new portion of the structure or site feature conforms to the regulations of the district in which it is located. If strict conformance with current setback requirements would cause unsightly or impractical site layouts, and a deviation from such requirements shall not cause impacts on neighboring uses, the Review Authority may exempt the enlargement of a legal non-conforming structure or site feature from setback requirements at their discretion. Unaltered portions of such structures or site features will be allowed to remain non-conforming. A Legal Non-Conforming structure or site feature housing or associated with a non-conforming use shall not be enlarged or altered except as put forth in Section 15-404-B.

F. Replacement of Involuntarily Destroyed or Damaged Non-Conforming Structures or Site Features. Any Legal Non-Conforming structure or site feature that is destroyed or damaged by fire, flood, explosion, wind, earthquake, war, riot, or other public calamity or act of nature, may be replaced or reconstructed to the same size and extent as before the damage occurred, provided that rebuilding commences not later than one year after destruction, and so long thereafter as the Building Permit remains valid.

G. Replacement of Voluntarily Demolished, Destroyed, or Damaged Non-Conforming Structures or Site Features. Any non-conforming structure or site feature which is demolished, destroyed, or damaged by means other than those listed in the Section 15-405-F shall not be reconstructed unless it complies with all provisions of the district in which the structure is located. Exceptions may be given where all of the following circumstances exist:

1. The structure houses a conforming use;

2. The structure or site feature is replaced or reconstructed to the same or a lesser size and extent as the original structure or site feature; and

3. A Conditional Use Permit is granted, and the Director finds, in addition to the findings required by Section 15-404-B, that compliance with current standards is impractical and that the proposed reconstruction will conform to current standards to the greatest extent practical.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-25, § 4, eff. 6-11-18; Am. Ord. 2025-024, § 6, eff. 7-27-25).

A Non-Conforming lot or parcel may be used for development subject to compliance with all other provisions of this article and other applicable codes. A Non-Conforming lot may not be further reduced in area or dimension, except under the application of eminent domain.

(Added Ord. 2015-39, § 1, eff. 1-9-16).