Fresno Municipal Code § 15-101 Title and Authority

Chapter 15 of the Fresno Municipal Code shall be known and cited as the "Citywide Development Code," "Development Code of the City of Fresno," "Development Code," "Code," or "Zoning Ordinance."

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

The purpose of this Development Code is to implement the General Plan and, if applicable, operative plans, to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare of the City of Fresno. More specifically, the Development Code is adopted to achieve the following, consistent with the goals, objectives, and policies of the General Plan and any other operative plan:

A. To provide a precise guide for the physical development of the city in a manner as to progressively achieve the arrangement of land uses depicted in the General Plan.

B. To foster a harmonious and workable relationship among land uses and ensure compatible infill development.

C. To support economic development and job creation.

D. To provide for the housing needs of all economic segments of the community.

E. To promote high quality architecture and sustainable design. Sustainable Design is a philosophy that seeks to maximize the quality of the built environment, while minimizing or eliminating negative impact to the natural environment.

F. To promote the stability of existing land uses that conform to the General Plan, protecting them from inharmonious influences and harmful intrusions.

G. To promote a safe and efficient traffic circulation system, including bicycle facilities and pedestrian amenities, and to support a multi-modal transportation system.

H. To facilitate the appropriate location of community facilities, institutions, parks, and recreational areas.

I. To protect and enhance real property values.

J. To safeguard and enhance the appearance of the city.

K. To define duties and powers of governing bodies and officials responsible for the implementation of this Code.

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

A. Organization of Regulations. This Code consists of six parts:

1. Part I: General Provisions

2. Part II: Base and Overlay Districts

3. Part III: Regulations Applying to Some or All Districts

4. Part IV: Land Divisions

5. Part V: Administration and Permits

6. Part VI: General Terms and Definitions

B. Types of Regulations. This Code contains five types of regulations controlling the use and development of property:

1. Use Regulations. These regulations specify land uses permitted, conditionally permitted, or specifically prohibited in each zoning district, and include special requirements, if any, applicable to specific uses. Use regulations for base zoning districts and for overlay districts are in Part II of this Code. Certain regulations that are applicable in some or all districts, and performance standards which govern special uses, are in Part III.

2. Development Standards. These regulations control the height, bulk, location, and appearance of structures. Development regulations for base zoning districts and for overlay districts are in Part II of this Code. Certain development regulations that are applicable to some or all districts are in Part III. These include regulations for specific uses, development and site regulations, performance standards, parking, and signage.

3. Land Divisions. Also referred to as Subdivisions Regulations, these regulations control the division of land and specify the design, improvement, and survey data of subdivisions as well as the procedures to be followed to secure final approval for subdivision maps. Subdivision regulations are in Part IV.

4. Administrative Regulations. These regulations contain detailed procedures for the administration of this Code, and include common procedures, processes, and standards for discretionary entitlement applications and other permits. Administrative regulations are in Part V.

5. General Terms and Use Classifications. Part VI provides definitions and articulates use classifications and terms and definitions used in this Code.

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

A. General Rules for Applicability of Development Code Regulations.

1. Applicability to Property. This Development Code shall apply, to the extent permitted by State and Federal law, to all private property within the corporate limits of the City of Fresno, including all uses, structures, and land owned by any person, firm, corporation, or organization.

2. Compliance with Regulations and Uses Expressly Prohibited. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Code. Specific uses of land, buildings, and structures listed as prohibited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare. The enumeration of prohibited uses shall not by implication enlarge the scope of permitted uses; they are for purposes of clarity only. A proposed use within a zoning district must expressly be listed as a permitted use per the applicable base or overlay district, or determined to be such through the determination of the Director, in order to be authorized under the Development Code.

3. Conflict of Standards. If there are found to be internal conflicts within this Code, the applicable standard shall be determined by the Review Authority.

B. Relation to Other Regulations.

1. Permit Streamlining Act. It is the intent of this Code to be consistent with the requirements of Government Code Section 65920 et seq. (the Permit Streamlining Act) and legislative judgments.

2. Relation to Prior Ordinance. The provisions of this Code supersede all prior Zoning Ordinances and Development Codes codified in the Fresno Municipal Code and any amendments. No provision of this Code shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance or Zoning Map, unless such validation is specifically authorized by this Code and is in conformance with all other applicable regulations.

3. Application During Local Emergency. During a disaster or emergency declared and confirmed under Chapter 2, Article 5, Emergency Services Ordinance of the Fresno Municipal Code, a deviation from the provisions of the Development Code may be allowed. The City Council may also authorize a deviation from the Development Code during a disaster or emergency by resolution.

4. Priority of Plans.

a. In the event of a conflict between this Code and any operative plan, or between two operative plans, the conflict shall be resolved in the following order:

(a) Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5

(b) Adopted Design Guidelines

(c) Development Code

(d) General Plan

(e) Specific Plan

(f) Concept Plan

(g) Community Plan

(h) Neighborhood Plan

(i) Redevelopment Agency Guidelines

b. To maintain and improve the consistency between plans, the adoption or amendment of a plan shall be accompanied by corresponding amendments to the General Plan and other plans which affect the same geographic area.

C. Projects Approved Prior to the Adoption of this Code.

1. Any building or structure for which a Building Permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said Building Permit was granted, provided at least one inspection has been requested and posted for the primary structure on the site where the permit is issued and provided construction is diligently pursued and completed within six months of permit issuance. No extensions of time except as provided for in the Building Code shall be granted for commencement of construction, unless the applicant has secured an allowed permit extension from the Development and Resource Management (DARM) Department.

2. Any previously approved permit, entitlement, or subdivision map shall be honored, unless it expires.

D. Pending Projects. Planning permit applications that are subject to the Permit Streamlining Act, that have been accepted by the City as complete within the meaning of the Permit Streamlining Act prior to the effective date of the Development Code, and which do not require a plan amendment, rezone, or other legislative decision, shall be subject to the Development Code requirements in effect as of the date the application was deemed complete, unless the applicant chooses to use the updated provisions of the Development Code in their entirety.

E. Special Period for Text Amendments. A member of the public, the administration, or a Councilmember may return to Council within a special 180 day period with a text amendment to address something that may have been missed or to address an unforeseen consequence of adoption of this Code, without payment of fee. The 180-day period shall commence from the effective date of 1-3-2016.

F. Designated Historic Properties. Any building or structure, including signs, that are identified and designated as a Historic Resource pursuant to the Historic Preservation Ordinance, may, at the discretion of the Review Authority and upon advice from the City Historic Preservation Specialist, be exempted from any and all property development standards of this Code, with the exception of those rules and regulations imposed in relation to an airport plan.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, §§ 1, 44, eff. 10-21-16; Am. Ord. 2019-030, § 1, eff. 10-31-19).

If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held to be later declared invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The City Council hereby declares that it would have passed this Code, and each article, section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

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

The Council shall establish by resolution, and may amend and revise from time to time, the schedule of fees for processing the discretionary entitlement applications and other permits authorized or required by this Development Code. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full.

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

The city shall be classified into districts or zones, the designation and regulation of which are set forth in this Code and as follows.

A. Base Districts. Base districts into which the city is divided are established as shown in Table 15-107-A, Base Districts.

Table 15-107-A: Base Districts

B. Overlay Districts. Overlay Districts, one or more of which may be combined with a Base District, are established as shown in Table 15-107-B, Overlay Districts.

Table 15-107-B: Overlay Districts

C. References to Classes of Base Districts. Throughout this Code, the following references apply:

1. "B District" or "Buffer District" means the following district: B.

2. "R District" or "Residential District" means one or more of the following districts: RE, RS-1, RS-2, RS-3, RS-4, RS-5, RM-1, RM-2, RM-3, RM-MH.

3. "RE District" or "Residential Estate District" means the following district: RE.

4. "RS District" or "Residential Single-Unit District" means one or more of the following districts: RE, RS-1, RS-2, RS-3, RS-4, RS-5.

5. "RM District" or "Residential Multi-Unit District" means one or more of the following districts: RM-1, RM-2, RM-3.

6. "RM-MH District" or "Residential-Multi-Unit District-Mobile Home Park" means the following district: RM-MH.

7. "Non-Residential District" means any base zoning district except the RE, RS, RM, and RM-MH districts.

8. "MX District" or "Mixed-Use District" means one or more of the following districts: NMX, CMX, or RMX.

9. "C District" or "Commercial District" means one or more of the following districts: CMS, CC, CR, CG, CH, CRC.

10. "E District" or "Employment District" means one or more of the following: O, BP, RBP, IL, IH.

11. "Industrial District" means one or more of the following districts: IL, IH.

12. "PSP District" or "Public and Semi-Public District" means one or more of the following districts: OS, PR, PI.

13. "Downtown District" or "DT District" means one or more of the following districts: DTN, DTG, DTC.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 2, eff. 10-21-16; Am. Ord. 2018-25, § 1, eff. 6-11-18; Am. Ord. 2018-66, § 1, eff. 1-18-19; Am. Ord. 2025-024, §§ 1, 2, eff. 7-27-25).

The boundaries of the zoning districts established by this Code are not included in this Code, but are shown on the Official Zoning Map. The Official Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the maps, adopted by the Council, are hereby incorporated into this Code by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.

A. Application of Pre-Annexation Zoning. The City may apply pre-annexation zoning to unincorporated property located within the Sphere of Influence consistent with the Fresno General Plan. The pre-annexation zoning process shall comply with the provisions of Article 61, Concept Plans, Pre-Zoning, and Annexations. The zoning provisions and requirements so established shall become applicable at the same time that the annexation of such territory becomes effective, subject to compliance with any conditions of pre-annexation zoning requirements imposed by the City.

B. Uncertainty of Boundaries. If an uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of alleys, lanes, streets, highways, streams, or railroads shall be construed to follow such centerlines.

2. Boundaries indicated as approximately following lot lines, City Limits, or extraterritorial boundary lines shall be construed as following such lines, limits, or boundaries.

3. In the case of un-subdivided property or where a district boundary divides a lot and no dimensions are indicated, the following shall apply.

a. Lots Greater than One Acre. The location of such boundary shall be determined by the use of the scale appearing on the Official Zoning Map.

b. Lots Less than One Acre. The lot shall be deemed to be included within the more restrictive zone.

4. Where any public street or alley is officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

5. Where any private right-of-way or easement of any railroad, railway, transportation, or public utility company is vacated or abandoned and said property is unclassified on the Official Zone Map the regulations applicable to each parcel of abutting property shall apply to that portion of such private right-of-way or easement.

6. In the case of any remaining uncertainty, the Director shall determine the location of boundaries.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2017-33, § 1, eff. 7-30-17).