Fresno Municipal Code § 15-2739 Adult Use and Medicinal Cannabis Retail Business and Commercial…

The purpose of this article is to establish standards for specific uses and activities that are permitted or conditionally permitted in some or all districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.

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

A. Each land use and activity covered by this article shall comply with the requirements of the section applicable to the specific use or activity.

B. The uses that are subject to the standards in this article are allowed only when authorized by the base district regulations, except where this article establishes a different planning permit requirement for a specific use.

C. When there is a conflict between the provisions of this article and a Conditional Use Permit which was granted prior to the effective date of this Code, the Conditional Use Permit shall prevail.

D. Existing Specific Uses and Activities. Unless otherwise noted, the following shall apply:

1. Land uses and activities covered by this article which were in place prior to the adoption of this Code which are not considered to be Non-Conforming uses under section 15-402 shall be subject to all operational standards, including, but not limited to, hours of operation, litter and graffiti removal, product restrictions, and similar regulations within two years of the effective date of this Code, unless otherwise specified.

2. Legal Non-Conforming uses shall be subject to all operational standards, including, but not limited to, hours of operation, litter and graffiti removal, product restrictions, and similar regulations. Legal Non-Conforming uses shall not be subject to requirements of this article which affect permanent physical improvements which existed on the site prior to the adoption of this Code.

E. Permit Required. Specific Uses and Activities which are required by this Article to make physical improvements to a structure or site shall be subject to a Development Permit as put forth in Article 52.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, § 45, eff. 1-18-19).

An accessory use shall be incidental, related, appropriate, and clearly subordinate to the principal use or building to which it relates; under the same regulations applied to the principal use in any zoning district; and where the accessory use does not alter the principal use. These regulations are found in the use regulations tables in Part II, Base and Overlay Districts, and may be subject to specific standards found in this article or within each district, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Article 20, General Site Regulations.

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

A. Abandonment. Any service station and/or carwash shall, in the case of abandonment or non-operation of the primary use, be declared a Public Nuisance and shall be dismantled and the site cleared within 12 months subsequent to the close of the last business day or whenever the facility stops selling fuel, whichever occurs first.

1. Exception. Any service stations or carwashes certified on the Local Official Register of Historic Resources.

B. Conversions of Service Stations. A Discretionary Permit authorizing the conversion of a service station to any other use shall be subject to the following:

1. Ancillary equipment, not including the main building, including all pumps, pump islands, fuel pump canopies, signs, insignias, trademarks, their supporting structures, mountings, foundations, and gas price signs, and all other above-ground improvements which are uniquely associated with service station and/or carwash operations shall be dismantled and removed from the site to a waste disposal or recycling facility permitted for receipt of such debris.

2. Pumps and pipes related to the delivery and disposal of petroleum products shall be removed.

3. Aboveground and underground apparatus need to be removed in accordance with directives of all regulatory agencies.

4. The converted service station and/or carwash site shall be resurfaced and landscaped in a manner appropriate to the proposed use.

C. Site Clearance. Should the site be cleared, all equipment per Subsection B above, including signs shall be removed.

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

A. Purpose. Certain types of Adult-Oriented Businesses possess characteristics that may be determined to be objectionable, and, when concentrated, may be found to have a deleterious effect upon adjacent areas. Therefore, special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood nor create an adverse effect on minors.

B. Public Nudity. Refer to Section 9-2602 of the Municipal Code.

C. Criteria for Granting a Conditional Use Permit. Where an Adult-Oriented Business is conditionally permitted by the zoning district regulations, the Planning Commission, or City Council upon appeal, shall approve a Conditional Use Permit only if it finds that the proposed facility or use complies with the regulations specified in this section. Reasonable conditions may be imposed, such as limitation on hours of operation, exterior lighting, display materials, and other similar conditions, as may be necessary to protect the public health, safety, and welfare.

D. Standards. Adult-Oriented Businesses shall comply with all applicable State and federal laws in addition to the following development and operational standards.

1. Location. Adult-Oriented Businesses shall be located the following minimum distances:

a. From any Residential District or existing residence: 1,000 feet.

b. From any educational institution, including, but not limited to, public or private schools, nursery schools or child-care nurseries, religious and/or cultural institution or, private or public park: 1,000 feet.

c. From another Adult-Oriented Business: 1,000 feet. This minimum separation requirement shall not apply to businesses forced to relocate due to a public taking of property for a public infrastructure project.

2. Hours of Operation. Hours of operation of the business shall be limited to the time period between 8 a.m. and 10 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday, and from 8 a.m.to 11 p.m. on Friday and Saturday.

3. Display. No Adult-Oriented Business shall display or exhibit any material in a manner which exposes to the public view photographs or illustrations of specified sexual activities or naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. Adult newsracks are subject to this limitation.

4. Security Program. An on-site security program shall be prepared and implemented as follows:

a. Exterior Lighting. All off-street parking areas and building entries serving an adult business shall be illuminated during all hours of operation with a minimum maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkway.

b. Interior Lighting. All interior portions of the adult business, except those devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system that provides a minimum maintained horizontal illumination of not less than two foot-candles of light on the floor surface.

c. Security Guards. Security guards for adult businesses may be required if it is determined by the Fresno Police Department that their presence is necessary in order to prevent any unlawful conduct from occurring on the premises.

E. Site Conditions.

1. Façade. For existing buildings, pictures of the building(s) must be provided to the City upon submittal of a Conditional Use Permit application. The exterior of the building(s) may be required to be repainted and repaired if needed.

2. Landscaping. The site shall comply with all landscaping requirements in place at the time of application.

3. Litter. The exterior, including all signs and accessory buildings and structures, shall be maintained free of litter at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.

4. Graffiti. The owner or operator shall remove graffiti within 48 hours.

5. Pay Telephones. Pay phones shall comply with Section 15-2746, Pay Phones.

F. Definitions. Unless otherwise specifically provided, the terms used in this section shall have the following meanings:

1. Specified Sexual Activities. Specified sexual activities means:

a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism or zooerasty;

b. Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence;

c. Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation;

d. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;

e. Masochism, erotic or sexually oriented torture, beating, or infliction of pain;

f. Erotic or lewd touching, fondling, or other contact with an animal by a human being;

g. Human excretion, urination, menstruation, vaginal, or anal irrigation in the context of a sexual relationship;

h. Any combination of the above items a through g.

2. Specified Anatomical Areas. Specified anatomical areas means less than completely and opaquely covered:

a. Mature human genitals,

b. Mature human buttock,

c. Mature human female breast below a point immediately above the top of the areola;

d. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

3. Exposes to Public View. Exposes to the view of persons outside the building in which such adult entertainment facility is located.

G. Adult-Oriented Business Types. Adult-Oriented Businesses include, but are not limited to the following types of businesses.

1. Adult Newsrack. Any coin-operated machine or device that dispenses material substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas."

2. Adult Bookstore. Any building, or portion thereof, where space devoted to adult materials composes 25 percent or more or 500 square feet, whichever is less, of any one or more of the following:

a. Wall space;

b. Any display area other than wall space (e.g., tables, racks, and/or any other display areas or structures) or stock in trade (inventories not on display, but on site).

3. Adult Entertainment Facility. An adult newsrack, adult bookstore, adult motion picture theater, adult hotel or motel, adult motion picture arcade, cabaret, model studio, sexual encounter center, or any other sex business, or any combination of two or more of such uses.

4. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."

5. Adult Motion Picture Theater. A building or portion thereof, or area, whether open or enclosed, used for presenting material in the form of motion picture film, videotape, or other means which is substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas" for observation by persons therein.

6. Adult Novelty Store. A building, or portion thereof, in which 25 percent or more of the display area for devices, instruments, or paraphernalia is used for the distribution, sale, offer for sale and/or rental or offer for rental of any device, instrument, or paraphernalia evidently designed or marketed for sexual stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. Such devices, instruments, or paraphernalia include, but are not limited to, phallic-shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body-piercing implements (excluding earrings or other decorative jewelry) or other evident tools of sadomasochistic abuse.

7. Adult Video Store. A building, or portion thereof, in which 25 percent or more of any one or more of the following: Wall space or any display area other than wall space (e.g., tables, racks, and/or any other display areas or structures) or stock in trade (inventories not on display but on site) or gross revenues or advertising and other promotion of video, video cassettes, slides, tapes, films, compact discs, Blu-ray, etc., motion pictures in which 25 percent or more of the description, display time, or depiction is devoted to the presentation of "specified sexual activities" or "specified anatomical areas" as defined in this article.

8. Cabaret. A nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."

9. Model Studio. Any business where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. This does not include accredited educational institutions which may employ models in fine art courses.

10. Sexual Encounter Center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas."

11. Other Sex Business. Any other business or establishment which offers its patrons goods, services, or entertainment, or any combination thereof, characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," including such types of business known as adult dance studios, men's social clubs, and music studios which meet such definition.

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

A. Regulations for On-Site Consumption. Refer to Section 15-2751, Restaurants with Alcohol Sales, Bars, Nightclubs, and Lounges for standards.

B. Regulations for Wholesalers. Operators who hold a Type 17 ABC license for the purpose of selling beer and wine to retailers or a Type 18 ABC license for the purpose of selling distilled spirits to retailers, who meet the definition of a "wholesaler" within the meaning of California Business and Professions code section 23021, and who are located within the City of Fresno are subject to the following restrictions:

1. Wholesalers shall not supply establishments (as defined below) with any items that would violate this section of the Fresno Municipal Code.

C. Purpose. The following regulations, known as "The Responsible Neighborhood Market Act," are for establishments that sell alcoholic beverages for off-site consumption not otherwise exempt under Section 15-2706.D.2 (henceforth "establishment"). These establishments possess certain characteristics that have the potential to cause deleterious effects and nuisances on surrounding neighborhoods and businesses, especially when such establishments are concentrated near one another. In order to ensure that establishments operate in a manner that is mutually beneficial to surrounding uses and to also provide mechanisms to prevent and correct any associated problems, the following special regulations are provided.

D. Applicability.

1. New or Expanded Use. Any proposed new establishment or any existing establishment that requests to modify their alcohol or business license type(s), reinstate their alcohol or business license(s) after an expiration or revocation, extend their hours of alcohol sales, or expand their floor area for retail sales of alcohol, shall obtain a Conditional Use Permit issued in compliance with the standards of this section. An existing establishment that expands their floor area for non-alcohol related retail sales is allowed to retain the conditions on their existing Conditional Use Permit in relation to alcohol requirements. Should an establishment not comply with the strict application of the regulations provided for in this section, said improvements shall be made prior to commencing the sale of alcoholic beverages. Violation of these standards at any time may result in the revocation of a Conditional Use Permit.

2. Exemptions. This section does not apply to the following:

a. Establishments that serve alcohol for on-site consumption, where an off-site sales component is incidental to the main use and as permitted through an establishment's ABC Conditional Use Permit License Type.

b. Temporary uses issued a Temporary License by the California Department of Alcoholic Beverage Control and established in compliance with all City laws and ordinances.

3. Conditional Use Permit. Conditional Use Permits issued pursuant to this section shall also be subject to the following:

a. ABC Conditional Use Permit:

i. Establishments seeking to sell alcoholic beverages for off-site consumption, whether as a new or expanded use, shall obtain a Conditional Use Permit for alcohol sales.

E. Modifications to Existing Establishments. A modification to an existing establishment shall not be approved when a condition exists that has caused or resulted in repeated activities that are harmful to the health, peace, or safety of persons residing or working in the surrounding area.

F. Location Restrictions for New Establishments. The following location restrictions apply to new establishments, unless the establishment can be found qualified for exception by the Review Authority. These location restrictions shall apply to existing establishments that must obtain a CUP pursuant to this ordinance due to proposed expansion or improvement of an existing use that is currently operating pursuant to a CUP issued prior to the effective date of this ordinance unless the proposed expansion or improvement is only with respect to a necessary repair, or bringing the existing establishment into compliance with current building codes, including but not limited to the California Building Code, the California Fire Code, and the California Electrical Code, as may be amended and any local amendments thereto.

1. Near Sensitive Uses. The establishment shall not be located within 1,000 feet of the following:

a. A public park, playground, recreational area including a trail that is immediately adjacent to a public park, or youth facility, including a nursery school, preschool, or day care facility;

b. A public or private State-licensed or accredited school; or

c. An alcohol or other drug abuse recovery or treatment facility.

2. Near Other Alcoholic Beverage Establishments. The establishment shall not be located within 1,000 feet of an existing establishment, nor may it lead to a grouping of more than four establishments within a 1,000 foot radius. Notwithstanding this requirement, an establishment shall not be located within 500 feet of an existing establishment when an establishment is located in a Census Tract that is not oversaturated with off-sale licenses.

3. Within High Crime Areas. The establishment shall not be located in an area of high crime, as defined by the California Business and Professions Code 23958.4(a)(1) et seq., and as determined by the Department of Alcoholic Beverage Control.

4. Within High Concentration Areas. The establishment shall not be located in an area of high concentration, as defined by the California Business and Professions Code 23958.4(a)(3) et seq., and as determined by the Department of Alcoholic Beverage Control.

5. Citywide Ratio. No establishment shall be granted a Conditional Use Permit under this Section if the number of sites selling alcohol for off-site consumption will exceed one license per 2,500 residents. This ratio requirement shall not apply to: (1) existing establishments that must obtain a CUP pursuant to this ordinance due to proposed expansion or improvement of an existing use that is currently operating pursuant to a CUP issued prior to the effective date of this ordinance; (2) new establishments that utilize the Cancel and Transfer provisions stated in Section S., below: or (3) an existing establishment that is in good standing which has a change in the ABC License holder, specifically partner franchisees.

6. Exceptions. A new establishment may be excepted from location restrictions if the Review Authority determines all of the following:

a. The proposed use is not located within an area in which the Chief of Police has determined, based upon quantifiable information, that the proposed use: (a) would be detrimental to the public health, safety, or welfare of persons located in the area; or (b) would increase the severity of existing law enforcement or public nuisance problems in the area.

b. The proposed off-premises sale of alcoholic beverages is incidental and appurtenant to a larger retail use and provides for a more complete and convenient shopping experience.

c. The proposed outlet for the off-premises sale of alcoholic beverages would act as a public convenience or necessity to an underserved portion of the community and/or enhance the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety.

d. The primary use of the establishment, based on information provided by the applicant, has been determined by the Review Authority to meet the definition of a General Market including a supermarket, neighborhood grocery store or a Healthy Food Grocer.

7. Existing establishment relocation exception. An existing establishment that relocates and holds a Conditional Use Permit pursuant to this ordinance may be excepted from the location restrictions if the proposed relocation is located: (a) across the street and within a 1/4 mile radius of the current location; (b) within the same Council District: (c) within the same Census Tract: (d) not within 500 feet of a nursery school, preschool, a public or private State-licensed or accredited school or daycare facility; and (e) not in an area of high crime, as defined by the California Business and Professions Code 23958.4(a)(1) et seq., and as determined by the Department of Alcoholic Beverage Control. The original location will be required to forfeit its existing alcohol entitlements for the original location. Written notice shall be provided to all property owners within a 1,500-foot radius of the subject property for the proposed relocation.

8. Full-Service Grocery Store exception. New establishments may be excepted from the location restrictions if the primary use of the establishment, based on information provided by the applicant, that has been determined by the Review Authority to meet the definition of a Full-Service Grocery Store, including a supermarket, neighborhood grocery store or a Healthy Food Grocer as defined in the Fresno Municipal Code.

G. Landscaping.

1. New Buildings. Landscaping shall be provided per the underlying District.

2. Existing Buildings. Perimeter landscaping and Parking Lot Shading shall be provided per the underlying district. The Review Authority, at their discretion, may make exceptions to the prescribed standards, however in no case shall the reduction result in a net reduction of 35 percent or greater in the amount of landscaping provided. Landscaping may also be aggregated to minimize the impact on existing parking areas.

H. Lighting. The exterior of the premise, including adjacent public sidewalks and all parking lots under the control of the establishment, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, required illumination shall be placed and/or shielded in a way that minimizes interference with the neighboring residences.

I. Litter and Graffiti.

1. Trash and recycling receptacles shall be provided by public entrances and exits from the building.

2. The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.

3. The owner or operator shall remove graffiti within 48 hours.

J. Pay Phones and Vending Machines. External pay phones and snack vending machines are prohibited.

K. Video Surveillance.

1. Establishments must equip a fully functional color digital video camera system.

2. The system must continuously record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.

3. The system shall have the correct date and time stamped onto the image at all times.

4. The camera storage capacity should be for at least two weeks (14 calendar days). Such cameras must be capable of producing a retrievable and identifiable image than can be made a permanent record and that can be enlarged through projection or other means.

5. If utilizing a digital video recorder, it must be capable of storing at least 14 days of real-time activities.

6. The system shall be capable of producing a CD or digital playback feature and may be provided to an authorized representative of the Fresno Police Department within 24 hours of the initial request relating to a criminal investigation only.

7. The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as the customer waiting area.

8. There shall be four exterior cameras placed so as to record activities in the primary customer parking areas of their business. These cameras should be of sufficient quality to be able to identify persons and or vehicles utilizing the business parking lot.

9. All interior cameras shall record in color.

10. All exterior cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism.

L. Signage.

1. The provisions specified under Article 26, Signs and this subsection shall apply. Where conflict may occur between the provisions of Article 26 and this subsection, the more restrictive provisions shall govern.

2. The following copy is required to be prominently posted in a readily visible manner on an interior wall or fixture and not on windows:

a. "California State Law Prohibits the Sale of Alcoholic Beverages to Persons Under 21 Years of Age."

b. "No Loitering is Allowed On or In Front of These Premises."

c. "No Open Alcoholic Beverage Containers are Allowed on These Premises."

3. No more than 5 percent of the square footage of each window and clear door that is visible to the public from a public thoroughfare, sidewalk, or parking lot of an off-sale alcohol retail outlet shall bear advertising, signs, or other obstructions of any sort.

a. The area covered by signs or advertising includes all clear areas within signs or advertising, such as the clear area within neon signs.

b. Signage, advertising, or other obstructions inside or outside the establishment that are not physically attached to the windows or doors, but are visible from a public thoroughfare, sidewalk, or parking lot in the same manner as if they were physically attached is included in the 5 percent limitation.

c. Any signage required by law shall not count towards the 5 percent limitation, but shall nonetheless follow rules related to visual obstruction.

4. Advertising and signage on windows and clear doors shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the outlets, including the area in which the cash registers are maintained, from exterior public sidewalks, parking lots, or entrance to the outlets.

5. Any establishment located within 250 feet of a sensitive use, as listed in Subsection E.1, shall not advertise alcohol sales in a manner visible from the outside of the establishment, such as from a public thoroughfare, sidewalk, or parking lot.

6. Displays of alcoholic beverages, freestanding advertising structures of any kind such as cardboard floor stands, or other free-standing signs shall be prohibited within 10 feet of consumer entrance points, shall not be visible from the exterior of the establishment, and shall be prohibited on the exterior of the establishment.

M. Loitering and Other Nuisance Activities. The operation of the establishment shall not result in repeated nuisance activities on the property, which may include, but are not limited to, repeated disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, alcoholic beverage and tobacco sales to minors, harassment of passerby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or other violations of City, State, or federal laws, especially when contributing to a proportionally high rate of police reports and arrests to the area. This section shall not apply to operators where offenses are the result of third party conduct beyond the operators' control.

N. Training. The owners and all employees of the establishment who are involved in the sale of alcoholic beverages must complete approved course(s) in training of liquor sales and handling within sixty days after approval of the Conditional Use Permit becomes final, or for employees hired after the approval of the Conditional Use Permit, within sixty days from the date of hire. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying or licensing body designated by the State of California.

O. Compliance with Laws. The establishment must remain in compliance with all local, State, and federal laws, regulations, and orders, as well as all conditions of approval imposed on the use. This includes compliance with annual City business license fees. In the event of non-compliance, the operator shall be given written notice by the City and an opportunity to cure. Article 63 of Chapter 15, regarding Enforcement of the Citywide Development Code shall also apply in relation to compliance issues, in addition to the annual inspection requirements listed within Section R, below.

P. Posting of Conditions. A copy of all conditions of approval and training requirements shall either be posted in a conspicuous and unobstructed place near the entrance, cashier counter, or customer service area of the establishment or posted in an employee area and provided upon request (e.g., via flyer or brochure) to patrons and enforcement officials.

Q. Prohibited Products. The sale or distribution of one or more of the following shall be prohibited.

1. Wine in containers of less than 750 milliliters.

2. Single containers of beer, malt liquor, wine coolers, and similar alcoholic beverages not in original factory packages of three-packs or greater, subject to the following exception:

a. Craft beer which is originally packaged in a single 22 oz. bottle.

3. Distilled spirits in containers of less than 375 milliliters.

4. Paper or plastic cups in quantities less than their usual and customary packaging.

R. Additional Requirements.

1. The Director may require the applicant to submit additional information, of such type and in such form as the Director may specify, as the Director may deem relevant to the application, including, but not limited to, an operational statement, floor plans, architectural renderings, and technical studies, as appropriate.

2. The Director may refer the application to other City departments to determine whether the establishment's location will comply with building, health, zoning, and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and other laws they administer, and may subsequently prepare reports summarizing their inspections and recommend whether to approve or deny the application based on their inspections.

3. Additional and/or security measures such as reduced hours of operation, security guards, door monitors, and burglar alarm systems may be required if harm, nuisance, or related problems are demonstrated to occur as a result of business practices or operations. This will be determined on a case-by-case basis upon review by the Police Department.

4. Establishments shall not acquire an ABC license for use that has been temporarily surrendered by another establishment in any jurisdiction, or is from an establishment located outside the City of Fresno or a County island within the City of Fresno. Establishments must comply with the Cancel and Transfer provisions, set forth below, which require an establishment to acquire active ABC licenses from overconcentrated areas in the City of Fresno.

5. Establishments shall be subject to annual inspection to ensure compliance with this Section and any additional conditions of the Conditional Use Permit. If an annual inspection results in a finding that an operator is not in compliance with this section or the specific conditions of the CUP, that finding may be used as a basis for revoking the CUP. An establishment that is subject to a revocation proceeding will be referred to the Responsible Neighborhood Market Act Committee for review and prior to the start of the revocation process.

a. If an operator is determined to be out of compliance with this section or the specific conditions of the CUP, that operator shall be subject to administrative fines set forth in the Master Fee Schedule as may be amended; the fine structure shall consist of progressively higher fines for violations occurring within twelve months of a prior violation, and upon the fourth violation being upheld within a three year period of the first violation, the CUP for the business shall be subject to revocation.

b. If an establishment operating under an existing ABC license is purchased by a unassociated and unrelated new operator seeking to continue operation of the establishment, and the new operator is not subject to administrative fines as set forth above at any other establishment in the City, the City Manager, with concurrence of the City Attorney, may waive any administrative fines imposed upon the existing establishment upon transfer to the new operator, if the new operator agrees to and obtains a new CUP.

S. Cancel and Transfer.

1. New establishments shall transfer and cancel ABC licenses in good standing as set forth in Table 15-2706 below, from within a Council District identified as having an overconcentration of ABC licenses for off-sale use, as determined by the Director following review of data prepared by the California Department of Alcoholic Beverage Control. The ABC license will be submitted to the Alcoholic Beverage Control for permanent cancellation. A canceled ABC license cannot be reactivated or reinstated.

TABLE 15-2706: CANCEL AND TRANSFER RATIO

2. Each ABC license that is canceled also includes surrender of the alcohol-sales portion of all related Conditional Use Permits and waiver of any legal non-conforming use rights related to the sale of alcohol for off-site consumption.

3. Exemptions.

a. The Cancel and Transfer requirements shall not apply when an establishment is required to relocate as the result of a taking by eminent domain and a license transfer to a new establishment site is necessary due to such taking.

b. Existing establishments that seek to expand their floor area or extend their operating hours.

c. Existing establishments that seek to relocate if the proposed relocation meets the requirements of Section 15-2706.F.7.

d. Establishments with the primary use, based on information provided by the applicant, that has been determined by the Review Authority to meet the definition of a Full-Service Grocery Store, including a supermarket, neighborhood grocery store or a Healthy Food Grocer as defined in the Fresno Municipal Code.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2020-045, § 1, eff. 11-15-20; Am. Ord. 2021-050, § 1, 1-17-22; Am. Ord. 2024-015, § 1, eff. 7-11-24).

Animal keeping is allowed as an accessory use to a primary residential use. Animals may be kept in compliance with the following standards. Enforcement of this section is the duty of the Poundmaster (FMC 10-302). Other regulations related to animals are located under FMC 10-200 et seq. and FMC-300 et seq.

A. Pre-Existing Uses. Any legally established non-conforming animal keeping use shall be allowed to continue however animals may not be replaced after they are removed from the home and/or are deceased.

B. Lots of 36,000 Square Feet or Less in Residential Districts. Household Pets are permitted subject to the following.

1. Permitted Household Pets. Household Pets such as domestic dogs, cats, birds, etc., that are ordinarily permitted inside of a dwelling and kept only for the company and pleasure provided to the occupants shall be permitted. Owners must ensure that the keeping of permitted animals shall not create a health or nuisance problem.

a. Cats or Dogs. At no time shall the number of cats or dogs exceed a total of four animals in any combination over the age of four months.

b. Aviaries (Raising for Non-Commercial Purposes). Not to exceed 24 animals.

c. Falcons. Permitted with a valid falconry license issued by the California Department of Fish and Game.

d. Small Household Pets (Domesticated Rodents Such as Hamsters and Cavy, Nonpoisonous Amphibians, Nonpoisonous Reptiles Such as Turtles). Any combination not to exceed 10.

e. Fish. Unlimited (for non-commercial purposes).

2. Prohibited Pets. Household Pets shall not include horses, miniature horses (except as a guide animal), cows, goats, sheep or other equine, bovine, ovine or ruminant animals, pigs, chickens, ducks, geese, turkeys, game birds, or fowl that normally constitute an agricultural use.

a. Fish Farms. Not permitted.

b. Bee Keeping. Not permitted.

C. Lots Greater than 36,000 Square Feet in Residential Districts. In addition to Household Pets, the following are permitted:

1. Permitted Pets. The keeping of horses, cows, goats, sheep or other equine, bovine, ovine or ruminant animals is permitted, as are those identified in Subsection B above.

a. Cats or Dogs. At no time shall the number of cats or dogs exceed a total of six animals in any combination, over the age of four months.

b. Aviaries (Including Aviaries for Commercial Purposes). Not to exceed 75 animals.

c. Large Animals. Up to two animals per acre; however their immature off-spring less than one year of age is also permitted. Pigs are not permitted.

d. Chickens, Ducks, Geese, Turkeys, Game Birds, or Fowl. Total number shall not exceed 12 birds per gross acre.

2. Fish Farms. Not permitted.

3. Bee Keeping. Not permitted.

4. Setbacks. All animals other than household pets shall be housed or penned at a minimum distance of 40 feet from property lines and 50 feet from neighboring residences (e.g., residential structure). All areas and structures used in conjunction with the keeping of animals other than household pets shall be maintained and cleaned so as not to present a public hazard or nuisance.

D. Buffer Districts.

1. Household and Other Pets. As permitted pursuant to Subsections B and C based on lot size.

2. Large Animals. For parcels greater than one acre, Large Animals shall not exceed two animals per acre; however their immature off-spring less than one year of age is also permitted. Pigs are not permitted.

3. Bee Keeping. Limited to Apis Mellifera and a maximum ratio of one hive per two acres. A fresh water source must be provided within 20 feet of all hives and a sustaining food source must be provided on the property. Each hive must be located at least 50 feet from property lines. Beehives shall be properly maintained according to apiary standards administered by the Fresno County Agricultural Commissioner. Discovery of aggressive or "Africanized" beehives shall cause the immediately removal of the hives by the operator/owner.

E. Annexation Overlay Districts. See Section 15-1606.

F. Residential in Non-Residential Districts. Household pets are permitted pursuant to Subsection B.

G. No wild animals, roosters, endangered, exotic, or protected animals are allowed to be kept or raised within the city, except within an accredited zoological park.

H. The offspring of any permitted animal may be kept until weaned.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 25, eff. 10-21-16).

A. Video Games and Amusement Devices.

1. Twelve or Less Amusement Devices/Rides. Any commercial establishment may have up to 12 amusement devices/rides, including skilled or non-skilled games (e.g., electronic video games, pinball machines, pinball, target games, air hockey, foosball, ping pong, darts, shooting games (with nonlethal projectiles), bowling games, shuffleboard, movie machines, etc.) for the enjoyment of patrons.

2. Thirteen or More Amusement Devices/Rides. If 13 or more, skilled or non-skilled devices are provided, the use shall be classified as a Video Game Arcade, unless the amusement devices are part of a Family Entertainment Center (refer to Subsection C).

3. Employee Presence. An establishment with video games, amusement devices/rides, regardless of the number, shall have an employee present during all hours of operation.

4. Amusement Device Permit. See Chapter 9, Article 5, Amusement Devices for permit requirements.

B. Family Entertainment Restaurants.

1. Food Sales. Food sales shall be the primary use on the site.

2. Number of Devices. Per Subsection A above, there shall be no more than 12 amusement devices, rides and/or attractions, or combination thereof.

3. Children's Indoor Play Areas. May be permitted in any district in conjunction with a bona fide restaurant. Activities commonly include skilled and non-skilled games, including children's play stations, video games, pinball, and air hockey.

4. Children's Outdoor Play Areas.

a. Restaurants of 750 Square Feet or Less. Restaurants may have up to 500 square feet dedicated to playgrounds/children's equipment.

b. Restaurants Greater than 750 Square Feet. Should the outdoor area exceed 500 square feet, it shall be considered a Family Entertainment Center for permit purposes.

5. Outdoor Dining. For Outdoor Dining, refer to Section 15-2744, Outdoor Dining and Patio Areas.

6. Nightclub/Dancing. Permitted in accordance with Section 15-2751, Restaurants with Alcohol Sales, Bars, Nightclubs, and Lounges.

7. Parking. Parking shall be determined per Article 24, Parking and Loading.

C. Family Entertainment Centers.

1. Food. Family Entertainment Centers may, but are not required to serve food.

2. Activities and Attractions. Attractions typically include, but are not limited to, water slides, wake boarding facilities, amusement rides, bumper cars and boats, go-karts, miniature golf, trampolines, bounce houses, rock climbing, video arcades, laser tag, paintball, airsoft, batting cages, skate ramps, miniature basketball, miniature bowling, etc. Additional attractions may be appropriate, as determined by the Director.

a. Projectiles. For activities using projectiles (e.g., batting cages, paintball, airsoft, or similar activities), fences, nets, or walls shall be provided that are capable of stopping all projectiles fired and/or hit by containing or redirecting the projectile to the backstop.

b. Noise. Any activities that generate noise shall comply with all applicable noise standards. Outdoor activities that generate noise (e.g., batting cages, paintball, amusement rides, and go-karts), shall cease at 10 p.m., unless separated by 400 feet or greater from a Residential District.

3. Fencing for Outdoor Activities. Fencing for outdoor activities shall be reviewed on a case-by-case basis. Consideration shall be given to streets, homes, etc. Should a fence be proposed, it shall comply with setbacks of the underlying zone district, however materials and height shall be determined on a case-by-case basis.

4. Nightclub/Dancing. Permitted in accordance with Section 15-2751, Restaurants with Alcohol Sales, Bars, Nightclubs, and Lounges.

5. Parking. Parking shall be determined per Article 24, Parking and Loading.

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

Automobile, Recreational Vehicle, Boat and/or Motorcycle Retail Sales and Leasing establishments (collectively referred to as Dealerships in this section), shall be located, developed, and operated in compliance with following standards.

A. Existing Dealerships. Existing Dealerships may continue to operate and may change ownership if either of the following apply:

1. Existing Dealerships Established by Development Permit/Site Plan Review or Prior to December 14, 2001. An existing Dealership may continue to operate and change ownership if the site has had a continuous business license to operate as a Dealership and any of the following apply:

a. There is an approved entitlement for the site for use as a Dealership and all conditions have been met;

b. The owner or applicant provides evidence satisfactory to the Director that the site is in compliance with an approved entitlement for a Dealership; or

c. There is evidence, to the satisfaction of the Director, that the site was established as a Dealership prior to December 14, 2001 and that the site has been continuously used as such.

d. In addition to a, b, and c above, the site has not been used for any use other than a Dealership.

2. Existing Dealerships Established After December 14, 2001. An existing Dealership may continue to operate and change ownership if the following conditions are met:

a. There is an approved Conditional Use Permit or Development Permit/Site Plan Review for the site for use as a Dealership and all conditions have been met;

b. The site has not been vacant for longer than one year;

c. The site has not been used for any use other than a Dealership;

d. The site has had a business license to operate as a Dealership within one year; and

e. The owner or applicant provides evidence satisfactory to the Director that the site is in compliance with an approved entitlement for a Dealership.

B. New Dealerships. New Dealerships shall comply with the following conditions:

1. Outdoor Dealership Minimum Parcel Size. One-half acre (21,780 square feet). Should multiple uses exist on a site, a minimum 21,780 square feet shall be dedicated for the sole use as a Dealership.

2. Display Areas. Products may only be displayed in approved areas.

3. Landscaping and Screening.

a. A screen wall of seven feet in height shall be provided along all property lines adjacent to a residential use or district. For Screening Wall standards, refer to Section 15-2008-C.

b. A landscaped planter with a minimum inside width of 10 feet and enclosed within a six-inch-high curb shall be provided along the front and street side property lines, except for vehicular circulation openings, unless a greater landscape setback is required by the underlying zone district or operative plan. Vehicles may not be displayed in required landscaped areas.

c. Additional screening and landscaping, as determined by the Director may be required where necessary to prevent visual impacts on adjacent properties.

4. Lighting. Lighting of the facility shall be oriented away, and shielded from neighboring residential properties. In addition, the lighting shall not be excessively intense so as to impact neighboring properties nor passing traffic on adjacent streets.

5. Signs. On-site signs advertising the business shall strictly adhere to the requirements of the Fresno Municipal Code and adopted plans and policies. Any non-conforming sign must be removed or made to conform prior to operation of the facility.

6. Parking. Refer to Article 24, Parking and Loading.

7. Access. Unused or blocked drive approaches shall be removed in accordance with Public Works Standards. Blocked drive approaches include, but are not limited to, those blocked by non-operable fences or those that lead into a display area that would restrict vehicles from entering the site.

8. Operational Conditions.

a. Vehicles for sale shall not be displayed outside of the display area as designated by the approved permit.

b. There shall be no test driving of vehicles into residential neighborhoods.

c. There shall be no off-site sales conducted by any dealership.

d. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened. Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the city.

e. Automotive servicing or repair is permitted as an accessory use for automobile/vehicle dealers that offer maintenance and servicing of the type of vehicles sold on site. All auto repairs shall occur within an enclosed building.

9. Indoor Dealerships. Dealerships that display vehicles solely indoors shall be approved via a Zone Clearance, and the applicant shall submit a notarized letter stating that vehicles shall be indoors during all hours. Indoor Dealerships are subject to the following minimum parcel sizes.

a. MX Districts. Shall be a minimum of 5,000 square feet in area.

b. All Other Districts Where Allowed. No minimum.

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

A. Applicability. This section applies to all automobile/vehicle service and repair uses which include, but are not limited to:

1. Engine service and repair;

2. Tire service and repair;

3. Wheel alignment;

4. Brake service and repair;

5. Cooling/heating system service and repair;

6. Radiator, muffler, and transmission service and repair;

7. Body and fender repair;

8. Emissions testing, service, and repair;

9. Window tinting and repair;

10. Radio, video, and alarm service and repair;

11. Preventative maintenance (such as lube, oil, and filter change; fan belt and windshield wiper replacement; etc.); and

12. Any other uses, including auto dealerships and service stations that perform auto services as an accessory activity.

B. Design.

1. Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties. Bay doors shall be screened from public right-of-way to the greatest degree feasible. On corner lots fronting two or more streets with different classifications in the General Plan, bay doors shall face the street with the highest classification, unless the bay doors are screened from both streets.

2. Designs shall incorporate landscaping and half screen walls to screen vehicles while allowing eye level visibility into the site.

C. Work Areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing fluids, and mechanical inspection and adjustments not involving any disassembly.

D. Vehicle Storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is adequately screened, with an earth berm or Screen Wall, or combination thereof or a building. Screen Walls shall be located on property lines with the exception of yards along streets, where the Screen Wall shall be located at outside of required setbacks. Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the city. Screen Walls are not required when the site is located in an Industrial District that abuts a local street (Major Streets are required to have a Screen Wall). For Screening Wall standards, refer to Section 15-2008-C.

E. Equipment, Product, and Vehicle Parts Storage. Exterior storage, including tires, shall not be visible from Major Streets or residential districts.

F. Water Runoff. Water runoff shall be property treated as determined by the Department of Public Utilities and the Fresno Metropolitan Flood Control District.

G. Spray/Paint Booths. Spray Booths shall be screened from Major Streets and shall be separated a minimum of 100 feet from Residential Districts, Parks, public or private Schools (K-12), and Daycare Centers. Evidence, in the form of the letter, shall be submitted to the City prepared by the San Joaquin Valley Air Pollution Control District that the proposed paint booth complies with adopted standards.

H. Litter. The premises shall be kept clean and in an orderly condition at all times.

I. Inoperable Vehicles and Junked Parts. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building, unless screened.

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

A carwash facility shall undergo a design review of architecture, style, and appearance to ensure similarity and compatibility with surrounding residential, commercial, and industrial development. Facilities are subject to the following standards:

A. Attendant. An attendant shall be present during all hours of operation for all carwashes. A store clerk that also accepts payment for a carwash may constitute as an attendant.

B. Design.

1. Buildings shall incorporate similar design features as the main building. Should a main building not exist, and a carwash be the primary building, it shall comply with the design standards of the underlying district.

2. Significant architectural or landscape features shall be provided at the corner of intersecting streets to enhance the streetscape.

3. No building or structure shall be located within 30 feet of any public street or within 20 feet of any property line of a residential use or residential district. Customer waiting areas and/or carwash offices may be excepted should the Review Authority determine that they will not disrupt the residential area.

4. Noise-generating uses, such as auto service bays, car wash openings, vacuum stations, outdoor loading areas, garbage storage, and stacking lanes, shall be located away from sensitive uses such as residential areas, daycares, and schools.

5. All canopies/shade structures shall be made of permanent material.

6. Buildings and equipment shall be painted in similar color tones to those found in the surrounding neighborhood.

C. Landscaping.

1. There shall be a 20 foot landscape setback along all streets.

2. There shall be a 15 foot landscape setback along Residential Districts.

3. Building setbacks shall comply with the underlying district, or the operative plan, whichever is greater.

4. Vehicle lanes for car wash openings shall be screened from public streets to a height of 30 inches. Screening devices shall consist of walls and/or berms with supplemental plant materials to screen vehicles while allowing eye-level visibility into the site.

D. Washing Facilities.

1. Building openings for vehicle access shall be designed to minimize the visual intrusion on surrounding streets and properties.

2. Service bay and/or drive-through openings shall be designed to minimize the visual intrusion on surrounding streets and properties.

3. Lighting shall be designed to be low-profile, indirect or diffused, create a pleasing appearance, and avoid adverse impacts on surrounding uses.

4. Shall comply with all regulations pertaining to water conservation and/or run-off.

E. Self-Service. Self-service car washes are not permitted, unless in conjunction with an automatic and/or a hand car wash where an attendant washes the vehicle. Self-service bays shall not exceed 50 percent of the overall number of bays.

F. Hours of Operation. Washing facilities are limited to 7 a.m. to 11 p.m. When abutting or adjacent to a Residential District, the hours of operation are limited to 8 a.m. to 9 p.m., seven days a week.

G. Litter. Trash and recycling receptacles shall be available. The premises shall be kept in an orderly condition at all times. Litter shall be collected daily.

H. Noise. All vacuuming, amplified music, intercoms, or similar noise-generating equipment shall be reduced according to all applicable noise standards.

I. Temporary Fundraising Carwashes. Refer to Section 15-2760, Temporary Uses.

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

Banquet Halls or event facilities, collectively referred to as Banquet Halls, may operate in conjunction with hotels or as standalone facilities. Banquet Hall activities include, but are not limited to, formal dinners, receptions, reunions, business meetings, benefits, and club meetings. Dancing may be provided in conjunction with said events. Should a Banquet Hall or event facility offer admission to the general public for the primary purpose of dancing, concerts, or similar activities, it shall be considered a Nightclub and shall comply with Section 15-2751, Restaurants with Alcohol Sales, Bars, Nightclubs, and Lounges.

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

Bed and breakfast establishments shall be located, developed, and operated in compliance with the following standards:

A. Type of Residence. Bed and breakfast establishments must be located, developed, and operated within a single-unit dwelling.

B. Number of Rooms. No more than two rooms may be rented. Additional rooms may be rented only with approval of a Discretionary Permit.

C. Appearance. In all Residential Districts, the exterior appearance of a structure housing a bed and breakfast establishment shall not be altered from its single-unit character.

D. Limitation on Services Provided. Provisions for meals and rental of bedrooms shall be limited to registered guests. Separate or additional kitchens for guests are prohibited.

E. Parking. Refer to Article 24, Parking and Loading.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 54, eff. 7-27-25).

Body preparation, including embalming and cremations, and body viewing may be permitted subject to the regulations below and those established by the State of California Department of Consumer Affairs, Cemetery and Funeral Bureau. The following also applies to pets.

A. Body Viewing/Visitation.

1. Traditional Facilities. Body viewing, including funeral and chapel services, may be permitted in Community and Religious Assembly, Cemeteries, Funeral Parlors and Internment Services.

2. Non-Traditional Facilities. Occasional funeral/chapel services may be held at Banquet Halls, Cultural Institutions, stadiums, or similar facilities, however the use shall be clearly incidental to the primary use. "Occasional," for this subsection, shall be defined as no more than twice per month.

B. Body Preparation. Body preparation, including the embalming of the body, may be permitted in Funeral Parlors and Internment Services.

C. Body Cremation. In addition to the permit requirements of this Code, a permit is also required from the San Joaquin Valley Air Pollution Control District.

D. Home Death Care. A person may prepare a body for disposition in their home per the State of California Department of Consumer Affairs, Cemetery and Funeral Bureau. Funeral services may not be held in homes.

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

This section pertains to check cashing businesses, payday lenders (also known as Deferred Deposit Originators), auto-title lenders, consumer loan financers, and similar financial services, hereafter referred to as Check Cashers. This section and the regulations herein do not apply to State and federally chartered banks, savings associations, credit unions, or industrial loan companies.

A. Applicability. The standards of this section apply to new establishments and existing establishments where there is a 20 percent or greater expansion in serviceable floor area. For the purposes of this section, an establishment is considered new when no previous Check Casher existed at that location for a period of 90 days or greater.

B. Discontinuance and Termination. Any Check Casher, whether existing or subsequently granted under this section, that voluntarily discontinues active operation for more than 90 consecutive days; does not maintain a valid City business license for more than 90 consecutive days; or ceases to be licensed by the State of California or the Department of Justice, shall be considered a termination of the use and all privileges and rights held therein.

1. Notification of Termination. The Director shall notify the licensee of the termination of the use and shall inform the licensee of their right to appeal the decision. The process used in Section 15-5016, Revocation of Permits, shall apply. For existing establishments that originally did not need a special permit to lawfully operate, the same revocation process shall apply except that it shall be for a revocation of rights for use as a Check Casher instead of a revocation of rights granted under a special permit.

C. Compliance.

1. Check Cashers shall be subject to and shall comply with all of the restrictions and conditions set forth in this section, in addition to those restrictions and conditions that may be imposed on a Check Casher under or pursuant to other provisions of the Fresno Municipal Code or any other applicable federal, State, or local laws regulations, or policies.

2. Check Cashers shall hold, maintain, and be in compliance with all applicable valid licenses and permits issued by the State of California and the Department of Justice.

3. Check Cashers shall hold, maintain and be in compliance with a Business License issued pursuant to Section 7-1001 through 7-1301 of the Fresno Municipal Code.

D. A copy of all applicable licenses and permits shall be provided at the time of application submittal.

E. Location. In addition to the Use Regulations as put forth for the base and overlay districts, locations in which Check Cashers are permitted shall also be subject to the following restrictions:

1. May not be located within a Census Tract where, according to the latest available Census data, half of all households have a median household income of less than 80 percent of the county's median household income.

2. May not be located within 1,320 feet of any parcel on which an existing Check Casher is located or on which a conditional use permit for a Check Casher has been approved and the permit remains valid.

3. May not be located within 500 feet of the following:

a. A Residential District.

b. A State or federally chartered bank, savings association, credit union, or industrial loan company.

c. Schools, public or private.

d. Off-site alcohol sales (excluding stores 10,000 square feet or greater).

e. Existing or planned Bus Rapid Transit station.

F. Lighting. Exterior lighting of the premises shall be provided at a level sufficient to recognize the features of persons at any point on the property.

G. Litter and Graffiti.

1. The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.

2. The owner or operator shall remove graffiti within 48 hours.

H. Pay Phones and Vending Machines. External pay phones and vending machines are permitted if located within 10 feet of the main entrance. Pay Phones shall comply with Section 15-2746, Pay Phones.

I. Video Surveillance. Check Cashers must equip a fully functional color digital video camera system.

1. The system must continuously record, store, be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.

2. The system shall have the correct date and time stamped onto the image at all times.

3. The camera storage capacity should be for at least two weeks (14 calendar days). Such cameras must be capable of producing a retrievable and identifiable image than can be made a permanent record and that can be enlarged through projection or other means.

4. If utilizing a digital video recorder, it must be capable of storing at least 14 days of real-time activities.

5. The system shall be capable of producing a CD or digital playback feature and may be provided to an authorized representative of the Fresno Police Department within 24 hours of the initial request relating to a criminal investigation only.

6. The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as the customer waiting area.

7. There shall be four exterior cameras placed so as to record activities in the primary customer parking areas of their business. These cameras should be of sufficient quality to be able to identify persons and or vehicles utilizing the business parking lot.

8. All interior cameras shall record in color.

9. All exterior cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism.

J. Signage.

1. All advertising and signage on windows and clear doors shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the outlets, including counter/cashier area, from exterior public sidewalks, parking lots, or entrance to the outlets.

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

A. Applicability. This section applies to all crop cultivation activities, inclusive of plant nurseries. It does not apply to community gardens, edible landscaping on residential property, or Nurseries and Garden Centers.

B. Agricultural Labor Housing. Regarding Agricultural Labor Housing, in the event of a conflict between this Code and California Health and Safety Code section 17021.6, relating to agricultural land use designations for employee housing, the Health and Safety Code shall prevail.

C. Grading. Grading is required for site clearance and leveling prior to commencement of any activity.

D. Ag Conservation. Any Agricultural Land Conservation ("Williamson Act") Contract that was in force prior to (re)establishment of agricultural uses on land designated for single-unit residential uses shall be permitted to continue in effect under the terms of Resolution No. 2006-130 and any successor Resolution or Ordinance enacted by the City.

1. No new application for an Agricultural Land Conservation Contract shall be approved for land designated for urban uses, as the agricultural use will forthwith be considered as incidental or transitional to the planned urban use.

E. Street Rights-of-Way. Plantings of trees and vines, buildings, and water wells shall not be installed on portions of a property planned for right-of-way for Major Streets.

F. Storage Tanks. Private storage tanks for fuel shall be installed and maintained pursuant to the appropriate permits and required approvals from the County Environmental Health and the Fire Department. Tanks shall be located at least 20 feet from property lines and are subject to additional setback requirements at the discretion of regulatory agencies.

G. Water Management.

1. Irrigation tailwater and stormwater runoff shall be managed on-site by means of grading, vegetated swales, and on-site detention facilities so as to prevent drainage to abutting property and to prevent silt and contaminants from entering the municipal stormwater management system, irrigation canals, and natural watercourses.

2. For sites greater than one acre, a grading permit shall be obtained that identifies tailwater and stormwater management features.

3. On-site water detention facilities shall conform to City standards for construction and management to prevent breeding of mosquitoes.

4. Irrigated cropland shall be managed in compliance with California Water Code Section 13260, pertaining to the Irrigated Lands Program, pursuant to regulations of the California Water Boards.

H. Water Usage. Use of water for irrigation for crop cultivation.

1. When feasible and permissible, surface water supplies and/or recycled water shall be used for irrigation. When irrigation district surface water supplies allocated to a property have been assigned to the City of Fresno as part of the annexation process, the City Water Division must approve in writing any subsequent re-direction of those irrigation district surface water allocation to growing crops on the property. When growing activity ceases, the surface water allocation shall revert to the City of Fresno.

2. Construction of any new non-potable water delivery facilities shall comply with Fresno Irrigation District regulations. Appropriate easement covenants shall be recorded for conveyance of non-potable water.

3. Installation of irrigation pipelines shall be minimized to the extent possible in portions of a property planned for right-of-way of major streets. Where it is unavoidable to avoid planned right-of-way, such pipelines shall be constructed of appropriate material to allow subsequent street construction without replacement of the pipeline.

4. At the conclusion of crop cultivation activities, irrigation pipelines shall be removed unless the City approves their retention for non-potable water conveyance. Irrigation easements no longer needed for conveyance of water supplies shall be vacated. Surface water rights shall accrue to the City of Fresno when the irrigation water is no longer being delivered for agricultural activity.

5. Any premises having both a potable water utility connection and a separate source of water for agricultural irrigation must have an approved backflow prevention device (meeting to City Water Division standards) on the potable water connection. The backflow device shall be installed with required City permits and is subject to periodic testing.

6. Installation of any water line used to deliver a potable water supply for irrigation of a crop cultivation site requires approved plumbing permits from the City. Any hose bibb or sprinkler connection to a potable water utility system shall be equipped with backflow protection approved by the City, such as a vacuum breaker fitting.

7. Any crop cultivation use of water from a potable water utility system shall be metered.

8. Efficient Water Management Practices identified in Fresno Irrigation District's adopted Agricultural Water Management Plan shall be implemented as feasible.

9. When 20 or more contiguous acres are involved in agricultural or horticultural activity, a private water well may be developed, reconstructed, or rehabilitated on the premises to supply irrigation water, subject to all of the following:

a. Submittal of an irrigation water use plan for Water Division approval.

b. City Water Division's written approval of an irrigation water well application pursuant to Fresno Municipal Code Sections 6-402 and 6-505, including siting of the proposed well and portions of the well casing with perforations or screening.

c. Approval of the appropriate level of environmental review for the irrigation well development project.

d. Execution of an agreement with the Water Division to do the following: maintain well production metering and records of well production; to pay the applicable Recharge Fee or provide alternative groundwater extraction mitigation acceptable to the Water Division; and to limit the well's groundwater extraction to a sustainable yield as shall be determined after well development based on the Water Division's review of pump tests.

10. Wells used for crop cultivation irrigation must be improved pursuant to State of California Department of Water Resources standards and Water Division requirements based on water well application review. Irrigation wells shall additionally be equipped with a meter accessible for periodic readings by the City for the purpose of assessing the City's Private Well Irrigation Fee.

11. Water from an irrigation well must be used solely on the premises where the well is located.

12. Water from a private off-site well shall not be used for irrigating agricultural or horticultural activity.

13. The practices of "chemigation" and "fertigation," and any other means of distributing agrichemicals via irrigation water, shall only be permitted if there is no risk of such chemicals flowing back into a well.

14. At the conclusion of crop cultivation activities, any associated well shall be destroyed in accordance with the provisions of California Department of Water Resources Water Well Standards and the standards of the City Water Division. Alternatively, and only if approved by the Water Division, a well no longer needed for irrigation may be retained and secured for subsequent public pump station use if the well has been appropriately constructed.

I. Fencing shall be located on the property, not on street rights-of-way. For parcels comprising over five acres, perimeter fencing for crop cultivation uses shall be set back from property lines as necessary to allow at least six feet for safe pedestrian access along any roadway. For parcels comprising less than five acres, fencing for these uses shall conform to the regulations of the underlying zone district with regard to setbacks from rights-of-way and heights. Fences shall comply with Section 15-2006, Fences, Walls, and Hedges.

J. All pesticides, fertilizers, and hazardous materials used and stored at the premises shall be subject to use, storage, handling, disposal, disclosure and inventory requirements administered by the Fresno County Agricultural Commissioner, Fresno County Environmental Health, California Environmental Protection Agency Division of Toxic Substance Control, and Fresno Fire Department. No application of pesticides shall be allowed by means of aircraft (unless such spraying is ordered by the State of California or the Agricultural Commissioner for the entire municipal area to address a serious pest outbreak). All pesticides, fertilizers, and hazardous materials shall be stored in securely locked structures having an impervious floor. All such storage structures shall be located at least 20 feet from property lines and are subject to additional setback requirements at the discretion of regulatory agencies.

K. Properties proposed for cultivation shall not be on the list of hazardous materials sites compiled pursuant to California Government Code Section 65962.5; or, if a property does appear on that list, prior to it being cultivated the California Environmental Protection Agency Department of Toxic Substances Control or Fresno County Certified Unified Permit Agency shall provide written clearance that hazardous material residues will not harm persons cultivating the site or consuming any produce grown on the site.

L. Cultivation and soil amendment activities shall conform to applicable regulations of the San Joaquin Valley Air Pollution Control District, including controls for particulate matter, fugitive dust, bulk material handling, and odors. No mechanized cultivation activities which generate dust (including, but not limited to, tillage, harvest, and ground sweeping) shall be done when ambient moisture levels are low and wind speed exceeds 12 miles per hour.

M. No on-site burning of waste material shall be allowed. Waste material and litter associated with agricultural operations shall be properly disposed of in a timely manner, and shall not be permitted to blow onto adjacent properties.

N. When permitted by the underlying zone district, plant products grown on the premises may be sold on the premises by means of an on-site stand subject to provisions of subsection 15-2752, Roadside Fruit Stands/Grower Stands.

O. Beehives may be temporarily placed on crop cultivation sites 20 acres or more in size, regardless of the underlying district, for pollination purposes. A source of water shall be provided within twenty 20 feet of all hives and the hives shall be located at least 40 feet from property lines. Beehives shall be properly maintained according to apiary standards administered by the Fresno County Agricultural Commissioner. Aggressive or "Africanized" beehives shall be immediately removed by the owner or operator.

P. Except where the setback requirements of this subsection are more restrictive, setback and lot coverage requirements of the underlying zone district shall apply. Greenhouses and agricultural or horticultural storage facilities shall be classified as buildings in determining lot coverage. The property development standards of the underlying zone district shall apply with regard to building heights.

Q. Sonic hail disruptors ("hail cannons") and noisemaking devices for repelling birds and other crop pests shall not be permitted.

R. Soil amendments and waste material that attracts nuisance flies or supports growth of such flies shall not be permitted.

S. Any agricultural operation located in an area regulated under an Airport Land Use Compatibility Plan or airport specific plan shall be operated in conformance with the applicable Wildlife Hazard Mitigation Plan for that airport.

T. Street trees and trees established to satisfy shading criteria of applicable permits and subdivision maps shall not be removed to accommodate crop cultivation activity.

U. Prior to tillage or excavation for cultivation, parties undertaking the activity shall confirm that there are no Fresno Metropolitan Flood Control or Fresno Irrigation District underground facilities and shall call the Underground Service Alert Program (the "811—Call Before You Dig") line. Parties intending to cultivate trees or trellis crops shall conform to utility company policies and regulations with regard to separations from overhead lines.

V. On a property being cultivated, any maintenance, repair stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of an identified historical resource shall be done consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, available from the City of Fresno Historic Preservation Project Manager.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 55, eff. 7-27-25).

A. General Requirements. Commercial Modular Buildings generally fall under two categories: permanent modular or temporary modular, both of which shall be collectively be referred to as "Modulars" for this section.

1. Permanent Modular buildings are usually considered real property, built to the same codes as conventional buildings.

2. Temporary Modular buildings are commonly considered personal property or equipment and are not permanently affixed to real estate. Temporary Modular buildings are often used as sales offices, classrooms, or for healthcare services.

B. Government Owned Property. City-owned sites (e.g., parks) and buildings used during construction as either offices or to temporarily house offices are excepted from this section.

C. Underlying Districts. The underlying District Standards shall apply to Modular buildings, including, but not limited to, building height, access, setbacks, open space, parking requirements, etc., or operative plan, if applicable.

D. Location.

1. Buildings may be installed on industrial, commercial, and residential districts that are developed with non-residential uses.

2. Reserved.

3. Buildings may not be visible from Major Streets.

E. Design Criteria.

1. Permanent Modular Buildings shall be reviewed similar to buildings that employ conventional building techniques.

2. Temporary Modular buildings shall be compatible in design and appearance with structures in the vicinity and shall meet the following standards:

a. Foundation. A building shall be built on a permanent foundation system approved by the Building Official.

b. Date of Construction. Temporary Modular buildings shall have been manufactured within 10 years of the date of issuance of a permit to install the building on the site.

c. Roof Overhang. The roof overhang shall not be less than 12 inches around the entire perimeter of the Temporary Modular building as measured from the vertical side of the home. The overhang requirement may be waived at the point of connection where an accessory structure is attached to the building.

d. Roof Material. Roof material shall consist of material customarily used for conventional buildings, such as tile or composition shingles. If shingles are used, the pitch of the roof shall be not less than three inches vertical to 12 inches horizontal.

e. Siding Material. Siding material shall consist of exterior material customarily used for conventional buildings, such as stucco, wood, brick, stone or decorative concrete. Metal siding, if utilized, shall be non-reflective and horizontally lapping. Siding material utilized as skirting shall be the same as the material used on the exterior wall surface of the building.

f. Skirting. The unit's skirting shall extend to the finished grade.

g. Building Orientation. The building, including the primary entrance, shall face the street.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, § 46, eff. 1-18-19).

Commercial Truck Storage, not specifically related to the primary use on the site, is permitted subject to the following standards.

A. Minimum Lot Size. One acre.

B. Access. The site shall have direct access to a street designated for the type of vehicles that will be parking on the site.

C. Landscaping and Screening.

1. There shall be a minimum 10 foot landscape area along all streets, unless a greater setback is required elsewhere in this Code or operative plan.

2. Chain link fencing is prohibited along major streets, except along State highways if the fence is erected by Caltrans.

3. Graffiti along perimeter Screen Walls shall be removed within 48 hours.

4. Additional screening and landscaping, as determined by the Director may be required where necessary to prevent visual impacts on adjacent properties.

D. Surface Paving. All parking and maneuvering areas shall be paved per Public Works Standards for Parking Lots. Parking on unimproved lots is prohibited.

E. Operational Requirements.

1. Vehicles and/or trailers may only be stored within designated areas per the approved entitlement.

2. All auto repairs, including the changing of tires and fluids (e.g., oil) shall occur within an enclosed building.

3. There shall be no dismantling of motor vehicles.

4. Personal storage of vehicles, such as boats or RVs, is prohibited.

5. Trailers oriented to passerby for the sole purpose of advertising are prohibited.

6. Retail sales of vehicles is prohibited.

F. Parking Lot Shading. Parking Lot Shading is required for non-truck/trailer parking areas.

G. Infrastructure Requirements.

1. Off-site improvements may be required by the City.

2. The facility shall be served by a public sewer system. Private septic sewer systems are prohibited.

3. Adequate facilities and infrastructure shall be provided for fire protection as determined by the City.

H. San Joaquin Valley Air Pollution Control District. Applicants shall gain written or permit approval from the SJVAPCD.

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

Community and religious assembly facilities shall be located, developed, and operated in compliance with the following standards:

A. Property Development Standards. Development shall comply with the Property Development Standards of the District in which the project is located.

B. Access. Community and religious assembly facilities shall take primary access from a public street that is improved with curbs, gutters, sidewalks, and street lights. If these improvements do not exist on the subject site, they shall be installed prior to operation of the proposed facility.

C. Buffer. A minimum 20-foot perimeter buffer shall be included adjacent to any residential use or district. This buffer area may be used for parking or landscaping but shall not be used for structures or outside activities, however there shall always be a minimum 10-foot landscape setback when abutting a Residential District.

D. Outdoor Recreation. Outdoor recreation areas for programmed activities, such as basketball courts, soccer fields, softball fields, etc., shall be at least 20 feet from any residential use or district.

E. Shared Parking. Parking for a facility may be shared with other uses as long as the operating hours of the other uses do not conflict with the operating hours of the proposed facility.

F. Outdoor Lighting. Outdoor lighting shall not exceed an intensity of one foot candle of light throughout the facility.

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

Community Gardens and/or Urban Farms, collectively referred to as Gardens, may be located, developed, and operated in compliance with the following standards.

A. Management.

1. Community Gardens.

a. Shall be organized by community groups, nonprofit organizations, the City, or land owners. A manager shall be designated for each Community Garden who shall serve as liaison between gardeners, property owner(s), and the City.

b. If located within a Planned Development or Multi-Unit Residential Complex, the Homeowner's Association and/or property management company shall be responsible for the site and shall designate a liaison between the property owner(s) and the City.

2. Urban Farm. May be operated by a sole proprietor or an organization. A manager shall be designated who shall serve as liaison between the owner(s) and the City.

B. Operational Plan. The applicant shall submit an operational plan that identifies roles and responsibilities, contact information, and operations of the Garden.

C. Location. Refer to Table 15-2720-C.

TABLE 15-2720-C PERMITTED DISTRICTS AND AREA LIMITATIONS

D. Hours of Operation. Gardens shall only be tended between dawn and dusk.

E. Buildings and Structures.

1. Garden sheds for storage of gardening tools and supplies; greenhouses that consist of buildings made of glass, plastic, or fiberglass in which plants are cultivated; outdoor furniture such as benches, bike racks, picnic tables, fences, children's play areas; raised/accessible planting beds; garden art; rain barrel systems; and structures for the sale of produce may be permitted.

2. Buildings and structures, including temporary structures, shall comply with the property development standards of the underlying district.

3. The combined area of all buildings or structures shall not exceed 25 percent of the garden site lot area.

F. Front Yards. Yards along streets shall contain landscaping and/or planting.

G. Fencing.

1. Fences shall comply with Section 15-2006, Fences, Walls, and Hedges.

2. If proposed, fences shall be located at the rear of front yard setbacks. For street side yards, refer to Section 15-2006, Fences, Walls, and Hedges.

3. Security wire, including concertina, electrical fencing, etc. is prohibited.

H. Equipment. Only household garden tools and equipment, applicators and products, may be used. This includes, but is not limited to, soil preparation, cultivation, planting, application of chemicals, dust control, harvesting, etc. Pull-behind equipment is prohibited.

I. Tillage/Excavation. Prior to tillage or excavation for cultivation, parties shall be responsible for contacting the Underground Service Alert Program (telephone number 811).

J. Maintenance.

1. Curbside residential solid waste service is required. No burning of any material is permitted.

2. The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, etc. in a timely manner.

3. Soil amendments, composting, and waste material shall be managed and shall not attract nuisance animals or support growth of flies.

K. Sale of Produce. Incidental sales may be permitted. Sales are limited to items that are grown on-site. Incidental, for purposes of this subsection, shall be defined as once per week.

L. Animal Keeping. Animal keeping is prohibited.

M. Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

N. Restrooms. If proposed, restrooms shall be connected to public utilities. Portable restrooms are not permitted.

O. Drainage. Water or fertilizer shall not drain onto adjacent properties, and no permanent retention of water shall be permitted. Dirt from the site shall not be tracked onto adjacent sidewalk, gutter, or street.

P. Composting. Composting is allowed as a minor accessory use to the site.

1. Composting must be done within a sealable container and may only consist of materials generated on-site.

2. The container must be setback at least three feet from property lines.

3. Composting must not lead to runoff of contaminated water nor expose adjacent properties to adverse noise, odors, pests, etc.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, §§ 56, 57, eff. 7-27-25).

A. Applicability. This section applies to facilities that by their very nature generally occur and provide for outdoor storage. More specifically, this section applies to:

1. Contractor's Storage Yards;

2. Outdoor Storage Yards;

3. Outdoor Lumber and Material Yards;

4. Concrete Batch Plants;

5. Commercial Landscaping suppliers (e.g., rockeries);

6. Pallet manufacturing, repair and storage; and

7. Other similar uses that are not directly associated with a specific construction site.

B. Existing Facilities. Existing facilities established prior to January 24, 2006 may continue to operate subject to the following conditions:

1. Compliance with all Conditions of Project Approval per the pertinent entitlement.

2. If an entitlement was not required per zoning regulations, the applicant shall provide evidence, satisfactory to the Director, that the facility:

a. Was established prior to January 1, 2012 and that the use has been in continuous use;

b. The site has had a valid business license since January 1, 2012; and

c. The site does not have any outstanding violations from Code Enforcement or the Fire Department.

C. New Facilities.

1. Minimum Lot Size. 10,000 square feet

2. Location. There shall be a minimum setback of 200 feet from property planned or zoned for:

a. Residential uses;

b. Office Uses;

c. An integrated commercial shopping center; or

d. A freeway, unless the freeway is depressed a minimum 10 feet from the natural grade of the subject site and there is a six foot masonry wall that screens visibility into the site.

3. Landscaping and Screening.

a. There shall be a minimum 10 foot landscape area along all streets, unless a greater setback is required elsewhere in this Code or operative plan.

b. A Screen Wall and gate, of seven feet in height shall be provided along all property lines. Said wall shall be located at the rear of required landscaping along streets, including freeways. Screen Walls, when located on a local industrial street or between industrial uses, may be a material other than masonry, subject to review and approval by the Director.

c. Graffiti along perimeter Screen Walls shall be removed within 48 hours.

d. Additional screening and landscaping, as determined by the Director may be required where necessary to prevent visual impacts on adjacent properties.

4. Paving. All storage areas shall be paved per the following standards:

a. Public Works Standards for Parking Lots, or

b. The surfacing shall consist of a minimum of two inches of asphalt concrete or three inches of road-mixed asphalt surfacing over native soil compacted in accordance with Public Works Standards. An alternative soil stabilizing agent may be applied and maintained, in lieu of asphalt concrete or road-mixed asphalt surfacing if approved in writing by the Public Works Director and the San Joaquin Valley Air Pollution Control District.

5. Operational Requirements.

a. The operational statement shall articulate what items shall be stored on-site and for what purposes.

b. There shall be no loading/unloading of vehicles and/or materials in the public right-of-way or within customer parking areas.

c. Vehicles and/or materials may only be stored within designated areas per the approved entitlement.

d. Personal storage of vehicles, such as boats or RVs, is prohibited.

e. Retail Sales are prohibited.

6. Stacking. The stacking of products may not exceed two feet above the required screen wall, unless it is not visible from a Residential Use or District or a public street.

7. Infrastructure Requirements.

a. Off-site improvements may be required by the City.

b. The facility shall be served by a public sewer system. Private septic sewer systems are prohibited.

c. Adequate facilities and infrastructure shall be provided for fire protection as determined by the City.

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

A. Purpose. The purpose of this section is to allow for the development of small-scale, neighborhood-serving commercial establishments that can provide convenient, walkable access to important amenities and that can increase the sense of community and value to the surrounding neighborhood.

B. Permit Required. A proposal for a Corner Commercial use shall require a Zone Clearance subject to Article 51.

C. Reserved.

D. Permitted Types. Corner Commercial uses are limited to the following:

1. Counter-Service cafes and coffee shops;

2. Delicatessens;

3. Bakeries;

4. General Markets and Healthy Food Grocers;

5. Flower shops; and

6. Bike shops and bike repair services.

E. Design Standards. Per the underlying district and the following:

1. The building must maintain the appearance of a single-unit home and fit architecturally with the neighborhood.

2. The commercial use must be easily recognizable from the front façade through the use of large windows or an active outdoor use such as produce stands or café seating.

3. Outdoor seating for cafes, etc. is allowed in the front and rear yards, setback at least 10 feet from adjacent residential property lines or fences, whichever is closer to the use, and shall be oriented to minimize impacts on any adjacent residences.

4. The commercial area shall be limited to 1,500 square feet.

5. Signage.

a. Illuminated signage is not permitted.

b. Up to two outdoor signs, with a combined total of 24 square feet or less in size, are permitted. Signs must be visually compatible with the building and surrounding neighborhood.

c. Wall or window-mounted Menu Display Boards (less than two square feet in area) and A-Frame (sandwich) signs that display daily specials, etc. are permitted, but may not be located in the public right-of-way.

F. General Regulations.

1. Reserved.

2. Alcohol sales are prohibited.

3. Hours of operation shall be limited to 6 a.m. to 10 p.m.

4. Amplified music is not permitted outside.

5. Drive-throughs are prohibited.

6. Any storage of materials or trash outside must be enclosed.

G. Parking. On-site parking shall be limited to residents.

H. Location.

1. Must be located on a corner lot where intersecting a Major Street.

2. The building must front the Major Street with the main access to the commercial area provided from that street.

I. Findings. The following shall be added as required Zone Clearance findings.

1. The use must be oriented to serve the immediate neighborhood, promoting health and facilitating a sense of community between neighbors.

2. The use must complement the residential character of the neighborhood and will not adversely impact adjacent properties.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-25, § 26, eff. 6-11-18; Am. Ord. 2018-66, § 47, eff. 1-18-19; Am. Ord. 2025-024, § 58, eff. 7-27-25).

A. Purpose.

1. To provide a diverse range of housing to support a diversity of households.

2. To provide infill development opportunities.

3. To protect the character of single-unit neighborhoods.

4. To promote community interaction and safety through design.

B. Alterations Required by the Fire Department. Any of the provisions found in this section may be altered by request of the Fire Department in order to meet safety standards.

C. Unit Types and Sizes. One-unit and two-unit cottages are permitted.

D. Density and Number of Units.

1. The allowed number of units is up to 1.33 percent of the number permitted in the underlying district.

2. There shall be a minimum of four units and a maximum of twelve units per cluster.

3. A two-unit cottage is allowed for the fifth and sixth, and eleventh and twelfth units.

E. Common Open Space.

1. Four hundred square feet of common open space shall be provided per unit. If multiple clusters are located within a development, up to 200 square feet per unit may be used for a development-wide or multi-cluster common open space.

2. Required setbacks, private open space, utility areas, and areas less than 10 feet in width cannot count toward the common open space requirement.

3. Common open space for each cluster shall be in one contiguous, useable piece with a minimum dimension of 15 feet on all sides.

4. Common open space and community buildings shall be centrally located and easily accessible to all units.

5. Common open space should have a sense of openness and be maintained to provide for passive and/or active recreational activities. Some encouraged uses are lawns, gardens, patios with tables and chairs, etc. More active uses such as playing courts are also encouraged as long as they do not dominate the common open space.

6. Fences may not be located within required common open space areas.

7. Required trails may count towards the common open space requirement provided each unit has pedestrian access to the trail(s).

8. Any open space that cannot be used for enjoyment of residents may not count towards the required total. These include, but are not limited to, ponding basins, buffers, areas with a steep slope, etc.

9. Community Building.

a. If a community building is provided, it may count for 200 square feet of required common open space per unit up to 25 percent of the total requirement.

b. Community buildings must be limited to one story, be incidental in size and use, and be architecturally consistent with the rest of the development.

c. Community buildings must be located on the same site as the cottage housing development and be easily accessible to all units within the development.

d. Community buildings must be under common ownership by the residents.

F. Design Standards of Units. Dwellings within a cottage housing development should be oriented to promote a sense of community both within the development and with respect to the larger community. They must be architecturally compatible with the surrounding neighborhood and must not be designed to be enclosed or hidden from the surrounding neighborhood.

1. Orientation to Public Street.

a. For units abutting a public street, no less than 20 percent and no more than 40 percent of street-facing elevations shall consist of windows. Windows shall have a vertical orientation, meaning the height of each window is greater than its width.

b. Units abutting a public street shall orient their primary entrance to the public street.

2. Orientation to Common Open Space.

a. With the exception of units abutting a public street, all units must have their primary entryway oriented towards the common open space.

b. Cottages must surround the common open space on at least two sides.

3. Pedestrian Circulation.

a. Pedestrian paths shall link all units to common open space within the development, to parking areas, and to sidewalks, especially where there are transit stops. Paths entering the development from the sidewalk shall be at least five feet wide to promote a sense of openness.

4. Private Open Space.

a. A minimum of 250 square feet of private open space is required per unit. This is inclusive of required porch and yard space.

b. Each unit must have a covered porch over the primary entryway with a minimum area of 64 square feet per unit and a minimum of seven feet on all sides. Railings are encouraged.

c. A yard, with a minimum dimension of 10 feet, is required adjacent to primary entryway porch.

d. Fences or hedges shall not exceed three feet in height.

e. Yards and porches should add to the visual variation of each unit.

5. Floor Area and Height.

a. Unit floor area shall be between 600 and 1,200 square feet.

b. Cottages shall not have the appearance of "tall, skinny houses."

c. Cottages shall be no more than two stories. Height must comply with the underlying zone district.

6. Variation between Units.

a. There shall be variation between units, while maintaining architectural consistency, to prevent repetitive use of building styles within any cluster, development, and adjacent dwellings. Some ways to achieve this variation include varied rooflines, elevations and height, floor area, stories, entryways, yards, etc. Multi-cluster developments may repeat one design per every three clusters, but repeated designs may not be placed in proximity to one another.

7. Roof Design.

a. Units shall have a minimum 6:12 pitched roof. Roof slopes lower than 6:12 are limited to architectural features such as dormers and porch roofs and may not be less than 4:12.

b. Alternate roof designs may be approved if it is found that they meet all other compatibility and design requirements prescribed by this section.

8. Windows.

a. Placement of windows shall avoid creating privacy issues for adjacent units and neighboring properties.

b. Window trim shall be provided.

9. Setbacks.

a. All buildings shall be separated by at least eight feet. Minor architectural projections are allowed.

G. Parking.

1. Required Amount.

a. One garage is required per unit for use by residents of that unit.

b. 0.5 guest spaces are required per unit and may be provided under carports or on surface lots.

c. Guest parking may be provided off-site if the Director deems there is adequate space.

2. Design and Orientation. Parking areas shall be separated from the common open space area and, to the extent possible, shall not be visible from the street.

a. Attached Garages.

i. May be accessed from the side or rear of the unit.

ii. If oriented towards the street, may not dominate the façade, and must be either flush with or set back from the rear of the building.

iii. Garage doors shall provide windows, moldings, or other architectural features to help blend with the rest of the home.

iv. The first 250 square feet shall not be counted towards maximum floor area.

b. Detached Garages and Carports.

i. Must be architecturally consistent with the development (e.g., similar rooflines).

ii. May not exceed a total of four spaces per parking structure.

iii. If located in-between units, may not exceed two spaces and must be setback 10 feet from the primary façade.

c. Surface Lots.

i. For every six spaces provided there must be a landscaped area of no less than 10 square feet, which may include a pedestrian path.

ii. If located in-between units, may not exceed two spaces and must be setback 10 feet from the primary façade.

d. Private Driveways.

i. Must be designed as a woonerf.

ii. Driveways must be located to the rear of units.

e. Preferred Location of Lots and Structures.

i. 1.

To the rear of the development, accessed via an alley.

2. To the side or rear of the development, accessed by a private driveway.

3. To the side of the development accessed from a non-primary street.

H. Trash Enclosures. See Section 15-2016, Trash and Refuse Collection Areas.

I. Homeowners' Association. A homeowners' association is required for the maintenance of common areas.

J. General Provisions.

1. Reserved.

2. An existing single-unit home or duplex that does not meet the requirements of this section is permitted to remain on the site, provided that the extent of its nonconformity is not increased.

3. A covenant restricting any increases in unit size after initial construction shall be recorded against the property.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 59, eff. 7-27-25).

A. The establishment shall have an employee present during all hours of operation.

B. Alcohol sales shall be limited to beer and wine for on-site consumption.

C. Gambling, including sweepstakes, and gambling simulation games such as video versions of slot and table games are prohibited. Other uses may be prohibited as determined by Council action or by State and federal laws.

D. The establishment shall not create nor contribute to public nuisance or criminal activities which are harmful to the health, peace, safety, or general welfare of people residing, working, or visiting in the surrounding area.

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

A. Types of Day Care Facilities.

1. Child Care Facility. A facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child care facility includes child care centers, employer-sponsored child care centers, and family child care homes. Each of these different types of child care facilities is subject to different regulations and land use requirements.

2. Child Care Center. A child care facility that does not include a Family Child Care Home and is usually located in a commercial building that provides non-medical care and supervision to children (infant through school age) in a group setting for periods of less than 24 hours.

3. Family Child Care Home. A child care facility that provides supervision to children (infant through school age) in the caregiver's own home for periods of less than 24 hours per day. Per State law, Family Child Care Homes are not limited to detached single-unit homes. The operation of a family child care home constitutes an accessory use of residentially zoned and occupied properties and does not fundamentally alter the nature of the underlying residential use.

a. Large Family Child Care Home. A home that provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home.

b. Small Family Child Care Home. A home that provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home. The use of a single-unit residence as a small family child care home shall be considered a residential use of property for the purposes of all local ordinances, and shall not require an entitlement or business tax certificate.

B. Minimum Standards for Child Care Centers.

1. License. The operator shall secure and maintain a child care center license from the State of California Department of Social Services.

C. Standards for Family Child Care Homes.

1. License. The operator shall secure and maintain a license from the State of California Department of Social Services.

2. Large Family Child Care Separation. A proposed Family Child Care Home shall not be located closer than 300 feet from the nearest lot line of another large family day care home for which a Discretionary Permit has already been issued and is in effect. However, the Director may allow the proposed large family day care home to be located closer than 300 feet if it is determined that such closer location will not have an adverse effect on surrounding properties or on vehicular or pedestrian safety in the area.

3. Fire Clearance. A fire safety clearance approved by Fresno Fire Department is required for Large Family Child Care Homes.

4. Play structures. Large family child care homes must meet play structure setback and placement requirements in section 15-2004 that apply to all single-unit dwellings.

D. Additional Standards.

1. All Large Family Child Care providers are required to obtain a Conditional Use Permit, as put forth in Article 53, Conditional Use Permits. Conditions associated with the Conditional Use Permit shall not exceed the standards and conditions outlined in this Section 15-2725.

2. All Child Care Centers and Family Child Care Homes shall provide parking as required in Article 24, Parking and Loading.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2017-33, § 25, eff. 7-30-17; Am. Ord. 2025-024, § 60, eff. 7-27-25).

A. Demolition. All structures proposed for demolition shall be reviewed by the City's Historic Preservation Officer and the San Joaquin Valley Air Pollution Control District.

B. House Moving.

1. On-Site. Prior to a structure being moved onto a site, the home shall be reviewed to ensure compatibility with the neighborhood as determined by the Director. Homes shall be subject to the Property Development Standards and adopted policies and procedures of the underlying District.

2. Off-Site. Prior to a structure being relocated off-site, the home shall be reviewed by the City's Historic Preservation Officer.

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

A Conditional Use Permit shall be required for the development of all former Landfill Sites and other sites deemed hazardous, regardless of the proposed use. As part of the application, the applicant shall at a minimum, provide a geotechnical report that provides a complete analysis of on-site soil conditions, fault hazards, underground water conditions, and recommendations as well as a post-closure plan that outlines remediation measures. Applicants shall comply with all State and Federal regulations related to operation, post-closure remediation, and monitoring.

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

Drive-in or drive-through facilities shall be located, developed, and operated in compliance with the following standards:

A. Where Allowed. Drive-in and drive-through facilities are allowed per base district land use regulations.

B. Separation Requirements.

1. From Residential Districts. Drive-through ordering intercoms or other amplified speaker interface shall not be located within 100 feet of a Residential District.

2. Space between Drive-Throughs. A building with a drive-through lane shall not be located within 400 feet of another structure containing a drive-through facility.

a. Exceptions.

i. This requirement does not apply in the CH Commercial—Highway and Auto district. However, compatibility with traffic flow shall still be assessed.

ii. This requirement does not apply within 1,000 feet of a freeway exit.

iii. This requirement does not apply to projects involving an existing drive-through that is required to relocate due to property being acquired as a result of a public work project and where the new location is within 1 mile of the original location.

C. Drive-In and Drive-Through Aisles. Drive-in and drive-through aisles shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas. Aisles shall be designed to provide adequate visibility at their intersection with streets or travel aisles. See Section 15-2018, Intersection Visibility.

D. Landscaping. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a minimum height of 30 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets, parking lots, and the public right-of-way.

E. Menu Boards. A maximum of two menu boards, not exceeding 20 square feet in area apiece, with a maximum height of six feet are permitted per drive-through. Should a facility have two drive-throughs, each drive-through may have two menu boards. All outdoor speakers shall be directed away from any residential district or residential use.

F. Pedestrian Walkways.

1. Pedestrian walkways shall not intersect drive-in or drive-through aisles, unless no alternative exists due to physical site constraints. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

2. A pedestrian walkway crossing a drive-through lane will be allowed when it is the pedestrian pathway that links the site to the rest of the shopping center. This pathway must be located at the end of the drive-through lane and must be clearly delineated with striping or contrasting paving. Signage notifying drivers in the drive-through lane of the pedestrian crossing shall be provided.

G. Site and Building Design.

1. Walls along the street face and visible from the street, shall be transparent with windows, doors, and other forms of transparent building materials to maximize views in and out of the building and the relationship between interior and exterior to support and animate the public street and sidewalk.

2. Drive-through elements shall be placed to the side or rear of the building.

3. Drive-through aisles shall be designed to reduce idling. Signage to encourage customers not to idle shall be placed either before or at the entrance of a drive-through aisle.

H. Hours of Operation. Should a drive-through facility be located closer than 100 feet from a Residential District, the drive-through shall close no later than 10 p.m.

I. Equal Access. Whenever service is limited to drive-through facilities, customers using non-motorized transportation shall have equal access to service.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2017-33, § 26, eff. 7-30-17; Am. Ord. 2018-25, § 27, eff. 6-11-18; Am. Ord. 2025-036, § 2, eff. 10-23-25).

Emergency shelters shall be located, developed, and operated in compliance with the applicable base district and the following standards:

A. Number of Residents. The number of adult residents, not including staff, who may be housed on a lot that is smaller than one acre shall not exceed the number of persons that may be accommodated in any hospital, elderly and long term care facility, residential, transient occupancy, or similar facility allowed in the same district.

B. Length of Occupancy. Occupancy by an individual or family may not exceed 180 consecutive days unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.

C. Outdoor Activities. All functions associated with the shelter must take place within the building proposed to house the shelter, except for children's play areas, outdoor recreation areas, parking, and outdoor waiting. Outdoor waiting for clients, if any, may not be in the public right-of-way, must be physically separated from the public right-of-way, and must be large enough to accommodate the expected number of clients.

D. Minimum Hours of Operation. At least eight hours every day between 7 a.m. and 7 p.m.

E. Employee Presence. On-site employee presence must be provided at all times.

F. Toilets. At least one toilet must be provided for every 15 shelter beds, unless a greater number is required by State law.

G. Management Plan. The operator of the shelter must submit a management plan for approval by the Director. The Plan must address issues identified by the Director, including transportation, client supervision, security, client services, staffing, and good neighbor issues.

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

Farmer's Markets may be located, developed, and operated in compliance with the following standards:

A. General Provisions.

1. Types of Farmer's Markets.

a. Permanent Indoor Farmer's Market. A Farmer's Market which takes place within a fully enclosed building which is not able to be disassembled when the Farmer's Market is not in operation. Permanent Indoor Markets shall be considered a Healthy Food Grocer and shall not be subject to this section.

b. Permanent Off-Street Farmer's Market. A Farmer's Market which takes place off-street within structures that are open to the sky on one more side and which are not able to be disassembled when the Farmer's Market is not in operation.

c. Temporary Off-Street Farmer's Market. A Farmer's Market which takes place in a parking lot or other off-street location within structures that are able disassembled when the Farmer's Market is not in operation.

d. On-Street Farmer's Market. A Farmer's Market which takes place within a street.

2. Permits Required.

a. City Permits.

i. A Zone Clearance or Conditional Use Permit shall be required as specified in the applicable Base or Overlay District.

ii. A Street Closure Permit shall be required for On-Street Farmer's Markets.

iii. A Building Permit shall be required for permanent structures and tents larger than 400 square feet.

b. Other Agencies. Review and approval may be required from other agencies, including the Fresno County Health Department. Issuance of a Zone Clearance or Conditional Use Permit by the City does not relieve an applicant of the obligation to secure all permits required by other agencies prior to commencement of operations.

3. Submittal Requirements. In addition to standard submittal requirements for the applicable permits, the following information shall be provided with applications for Farmer's Markets:

a. Site Plan. A site plan showing the proposed layout shall be provided. The site plan shall show all information necessary to demonstrate compliance with this section and other applicable regulations, including the following:

i. The site plan should clearly show the location of Farmer's Market stands, and restroom locations as they relate to all of the existing buildings, landscaping, and access points on the site.

ii. Both vendor and customer parking need to be indicated on a site plan. This can be accomplished on the same property as the proposed farmer's market or on an adjacent property with the permission of the owner.

b. Traffic Control Plan. On-Street Farmer's Markets shall submit a traffic control plan that shows the exact area of the streets to be closed, detour routes, barricade locations, and traffic control signage.

c. Insurance. On-Street Farmer's Markets may require additional insurance, as determined by the City's Risk Manager.

4. Public Notice. When proposed in a Residential District or on a site which abuts a Residential District, public noticing shall be required per Section 15-5007 prior to issuance of a Zone Clearance or Conditional Use Permit.

B. Site Design Development Standards. Unless otherwise specified, Farmer's Markets shall follow all applicable site design development standards of the Base or Overlay District. The following shall also apply:

1. Sales Area Paving.

a. Permanent Off-Street Farmer's Market. Sites shall be paved with asphalt, concrete, pavers, or similar materials as determined by the Review Authority. The sales area shall not consist of turf, dirt, or gravel.

b. Temporary Off-Street Farmer's Market. The sales area may be paved with asphalt, concrete, pavers, or similar materials, and may also consist of turf or artificial turf. The sales area shall not consist of dirt or gravel.

2. Setbacks. Display areas shall comply with the setbacks of the applicable Base or Overlay District, however in no case shall setbacks be less than 10 feet from any side or rear property line.

3. Parking.

a. Permanent Off-Street Farmer's Market. Permanent Outdoor Farmer's Markets shall provide parking per one space per 1,000 square feet of sales area.

b. Temporary Off-Street Farmer's Market. None required, however available parking spaces for other uses on the site shall not be reduced by more than 40 percent. An exception may be made if a parking study, prepared by a Licensed Traffic Engineer, concludes that there is adequate parking in the area, not including on-street parking in Residential Districts.

c. On-Street Farmer's Markets. None required.

4. Layout.

a. Aisles shall be no less than 20 feet wide.

b. A group of adjacent tents shall not exceed 700 square feet. Each group must be separated by no less than 12 feet.

c. Other safety requirements may be applied by the Police Department, Fire Department, or Building Division.

5. Appearance. Stands should be uniform in appearance and be covered by a white pop-up canopy or tent that measures approximately 10 feet x 10 feet. Other colors and designs may be considered at the discretion of the Review Authority, but in no circumstances shall tarps be permitted in lieu of a tent or canopy.

6. Signs. Signs, including directional signs, shall comply with Article 26, Signs.

C. Operational Requirements.

1. Products.

a. Agricultural Products. Unprocessed agricultural products in their natural state shall comprise at least 60 percent of the retail space available.

b. Other Allowed Products. The exhibition and sale of the following shall not exceed 40 percent of the retail space available:

i. Processed foods such as dried fruit, cheese, or bread, and similar agricultural products.

ii. Artisan handiwork or art.

iii. Mobile Vendors.

iv. Beer and Wine. The Vendor must be a licensed beer manufacturer or winegrower and shall obtain approval from the Police Department, a sales permit from the Department of Alcoholic Beverage Control, and a Temporary Use Permit from the City. Vendor operations, including sales and tastings, shall comply with all State and County rules and regulations.

c. Prohibited Products.

i. Alcoholic beverages other than wine or beer.

ii. New, commercially produced merchandise that is not agricultural-related.

iii. Second-hand or used merchandise.

iv. Tobacco products.

v. Livestock.

2. Management. There shall be a Market Manager, which may be a vendor, during all hours of operation. The Market Manager shall ensure compliance with City regulations and for resolving issues that may arise as part of the operation of the Farmer's Market. The Manager's contact information shall kept on file with the Planning Division.

3. Time Limits. In Residential Districts Farmer's Markets shall not operate, including setting-up, between the hours of 9 p.m. and 7 a.m.

4. Refuse/Litter. The operator or Market Manager shall provide trash and recycling collection bins and shall be responsible for collecting refuse after each event, including in the parking lot. The site, including parking areas, must be left in a clean condition when not in operation.

5. Noise. In Residential Districts, or abutting a Residential District, there shall not use amplified sound for any purpose.

6. Truth in Advertising Disclaimer. If the vendors are not the actual farmers, then that should be made clear to the consumer by use of a small sign at each vendor stand.

7. Post-Operation Clean Up. All evidence of the Farmer's Market must be removed from the site (including all tables, tents, canopies, temporary membranes, barricades, products, signs, litter, etc.) when it is not in operation. Permanent structures and signs are excepted.

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

Flea Markets, including Swap Meets and Open-Air Markets, that do not meet the strict definition of a Farmer's Market, may be permitted subject to the following standards.

A. Size. Flea Markets shall be a minimum of five acres in area.

B. Sales Area Paving. The site shall be paved, per Public Works Standards (Parking Lots) to mitigate dust.

C. Parking. Refer to Article 24, Parking and Loading. Parking shall be paved per Public Works Standards.

D. Screening.

1. Along Public Streets. The perimeter of the area used by vendors shall be screened. Screening shall be located at the rear of the required landscaping along public streets.

2. Customer Parking Area. The customer parking area is not required to be screened, unless adjacent to a Residential District. If adjacent to a Residential District, refer to Article 24, Parking and Loading.

3. Screening Material. Refer to 15-2008-C, Screening Wall Standards.

E. Perimeter Landscaping. Flea Markets shall provide 20 feet of landscaping along public streets and along a shared property line with residential districts, unless a greater landscape setback is required by another Article or operative plan.

F. Restrooms. Permanent restrooms, connected to City utilities, shall be provided.

G. Alcohol. Alcohol consumption is prohibited.

H. Time Limit. Hours shall be limited from 6 a.m. to 5 p.m. Vendors may arrive one hour prior to opening and may remain one hour after 5 p.m. to load their merchandise. An exception to the hours of operation may be permitted should the Flea Market also serve as a drive-in movie theatre.

I. Number of Events. The Flea Market shall not operate more than three days per week.

J. Refuse/Litter.

1. The facility shall provide adequate trash and recycling enclosures for the collection of refuse.

2. The operator shall be responsible for collecting trash after each event, including in the parking lot.

K. Management. An establishment shall have an employee present during all hours of operation.

L. Products.

1. Display Areas. All products shall be sold within a designated area.

2. Animals. Only Household Pets may be sold, including birds, fish, dogs, cats, and reptiles.

3. Vehicles. Vehicles shall be showcased within a designated area and shall not occupy required parking spaces.

4. Food Vendors. Food Vendors, including Mobile Vendors may sell within a designated area accessed from within the facility.

5. Contraband/Stolen Goods. The operator shall take measures to prevent the sale of contraband, including stolen goods, 'knock-off' merchandise that violates patents and trademarks, firearms, fireworks, firecrackers, drugs, etc. The operator shall provide a written statement articulating what security measures will be implemented to prohibit the sale of contraband.

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

All hazardous waste management facilities, except household hazardous waste collection centers authorized by the City and the Fresno County Health Department, shall be located, developed, and operated in compliance with applicable Federal and State laws and regulations, as well as the following:

A. Application Content. Applications for hazardous waste management facilities shall include the following:

1. Site Plan. A detailed site plan depicting all buildings, land uses, storage areas, parking areas, driveways, internal and surrounding traffic circulation. Occupancy type and rating for each building or structure shall be identified.

2. Best Management Practices. Demonstrate and certify that they are minimizing the generation of hazardous waste through the use of the best available technology within their manufacturing, and/or product development processes. Applicants shall also demonstrate and certify that facilities will be using the best available control technology in minimizing air emissions and processing hazardous waste. Such demonstration and certification shall be provided prior to the issuance of any building permit or other land use entitlement.

3. Waste Characteristics and Capacity. Identify the amounts (in tons) and types of hazardous waste to be treated and stored; the duration of stored waste on the facility site and the ultimate destination of the waste. The owner-operator shall make this information available on a yearly basis to the City of Fresno. If the application is for a transfer station the applicant shall identify the capacity of the facility to store each type of waste stream, service area(s) of the facility and ultimate disposition of the waste.

4. Air Quality Analysis. An analysis of all anticipated air quality impacts and proposed mitigation measures. The hazardous waste facility shall comply with all applicable State and federal laws as well as all rules and regulations of the San Joaquin Valley Air Pollution Control District.

5. Risk Assessment. A risk assessment which analyzes in detail all probabilities of accidents or spills at the site, including transportation related, or accidents from the point of origin to the facility, and any other risk assessment requested by either the City Manager, Director, Fire Chief, or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to and from the facility.

6. Emergency Response Plan. An Emergency Response Plan that indicates at a minimum:

a. That the proposed plan is consistent with any and all applicable County and regional Emergency Response Plans and all City, County, State and federal regulatory requirements regarding Emergency Response Procedure.

b. Detailed procedures to be employed at the time of emergency for each type of chemical substances utilized including contingency procedures.

c. Anticipated impacts on local fire, police, and medical services.

d. Names, home, and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures.

B. Flooding Information. An analysis of the potential of flooding on the site. Note residual repositories are prohibited in areas of special flood hazards as depicted by FEMA Flood Hazard Maps.

C. Traffic Analysis. Applicants shall submit a traffic analysis which addresses, at a minimum, vehicle-truck trips, effects on nearby intersections, and any special characteristics of the project site. Applicants shall also identify the most likely transportation routes within the city and the county.

D. Closure Plan. The owner or operator of a hazardous waste facility shall, prior to any local land use decision, submit a written Closure Plan to the Fresno County Health Department. The Closure Plan shall be approved the Fresno County Health Department. All revisions to such Closure Plans shall also be submitted to the Fresno County Health Department.

E. Safety. The owner/operator shall demonstrate that the separation between the hazardous waste facility and residential areas is adequate to protect the health, safety, welfare, and property values of residents.

F. Monitoring. At minimum, hazardous waste facilities are subject to the following monitoring requirements:

1. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City is authorized to enforce under its police power, City Officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

2. The owner or operator of a facility shall report yearly to the Fresno County Department of Health, Environmental Division the amount, type, and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.

3. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, State, or federal agencies to the Fire Chief and City Engineer.

4. Owners/Operators of all facilities shall prepare and submit an Annual Emergency Response Preparedness Report to the Fire Department and all other local emergency response agencies. Such report shall be signed by all management personnel at the facility and each person at the facility who has emergency response responsibilities.

5. Owners/Operators of all facilities shall submit an annual Air, Soil, and Groundwater Monitoring Report to the City Engineer.

G. Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for a Conditional Use Permit shall be approved by the Fire Chief and City Engineer before such modifications occur at the facility.

H. Contingency Plan. Every hazardous waste facility shall have a contingency operation plan approved by the California Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the Police Department, Fire Department, Engineering Division, and the County Department of Environmental Health.

I. Financial Assurance. Prior to issuance of an "Occupancy Permit" to begin the use of a hazardous waste facility, the applicant shall show proof that it has met all of the financial responsibility requirements imposed by the California Department of Health Services and any other federal or State agency.

J. Indemnification. The applicant agrees to indemnify, defend, and render harmless the City, and its City Council and all officers, employees, and agents of the City against and from all claims, actions, and liabilities relating to the land use decision or arising out of the operation of the facility.

K. Enforcement. All costs of compliance with this Ordinance shall be borne by the facility owner/operator. The City shall employ any and all methods permitted by law to enforce this Ordinance.

L. Maintenance. The owner/operator shall keep all equipment and buildings in good repair and shall employ technological advances as may be required by the California Department of Health Services, San Joaquin Valley Air Pollution Control District, or U.S. Environmental Protection Agency.

M. Findings. The following findings shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project:

1. The project is consistent with the General Plan.

2. The project will not be detrimental to the health, safety, general welfare, or property values of the community or nearby residents.

3. The project will not significantly reduce incentives for waste minimization by hazardous waste generators.

4. There are adequate City services available to service the project.

5. The project has met or exceeded each requirement of this Ordinance.

6. Any potential impacts identified in the CEQA analysis may be adequately mitigated.

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

Hobby stores may have outdoor activity areas subject to the following standards:

A. For outdoor facilities that provide batting cages, paintball, airsoft, or similar activities, fences, nets, or walls shall be provided that are capable of stopping all projectiles fired and/or hit by containing or redirecting the projectile to the backstop.

B. Activities, such as batting cages, paintball, remote control race tracks, hobby helicopters, and go-karts that may generate unwanted noise, shall cease by 10 p.m. (and may not renew operations until 8 a.m. the following morning) unless separated by 400 feet or greater from a Residential District. A greater distance or additional mitigation measures may be required to mitigate noise to acceptable levels.

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

Gardens, as part of existing and new single-unit homes, may be incorporated into all yards. Raised garden/accessible garden beds are permitted, but not required. Raised garden beds shall comply with site line requirements per this Ordinance. Only household garden tools and equipment, applicators, and products, may be used. This includes, but not limited to, soil preparation, cultivation, planting, application of chemicals, dust control, harvesting, etc.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 61, eff. 7-27-25).

A. Purpose. The purpose of this section is to:

1. Permit home occupations as an accessory use in a dwelling unit;

2. Allow residents to operate small businesses in their homes, under certain specified standards, conditions, and criteria;

3. Allow for "telecommuting" and reduced vehicle use;

4. Ensure that home occupations are compatible with, and do not have an adverse effect on, adjacent and nearby residential properties and uses;

5. Ensure that public and private services, such as streets, sewers, water, or utility systems, are not burdened by the home occupation to the extent that usage exceeds that normally associated with a residential use; and

6. Preserve the livability of residential areas and the general welfare of the community.

B. Applicability. This section applies to all residential units and properties in the city regardless of their zoning designation. It does not apply to family day care homes, which are regulated separately in Section 15-2725, Day Care Centers and Family Child Care Homes.

C. Zoning Clearance Required, Not Transferable. A Zoning Clearance is required for each home occupation, pursuant to the provisions of Article 51, Zone Clearance. A Zoning Clearance to conduct a home occupation at a particular address is not transferable from one party to another, nor may the type of business be modified. A new Zoning Clearance must be obtained for each new home occupation.

D. Operational and Performance Standards. Home occupations must be located and operated consistent with the standards of this Code.

E. Residential Appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted.

1. Location. All home occupation activities shall be conducted entirely within the residential unit, or within a garage that is reserved for the residential unit. When conducted within a garage, the doors thereof shall be closed, and the area occupied shall not preclude the use of required parking spaces.

2. Structural Modification Limitation. No structural alterations shall be made to create features not customary in dwellings.

3. Maximum Size. The space exclusively devoted to the home occupation (including any associated storage) shall not exceed 25 percent of the residential unit floor area.

4. Employees. One employee or independent contractor other than residents of the dwelling may be permitted to work at the location of a home occupation. All work conducted by employees shall be conducted completely within the home or garage.

5. On-Site Client Contact. No customer or client visits are permitted except for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring). A total of eight clients and/or students per day may be permitted, however there may be no more than three clients/students at any one time. Clients/students hours of arrival and/or departure shall be staggered as to not disrupt the surrounding properties.

6. Employee/Client Parking.

a. Customers, clients, and/or employees shall park on-site. If the site cannot accommodate an on-site parking space for the lack of drive approach or parcel width, they may park off-site.

b. Parking required for customers/clients/employees may be tandem.

c. The home occupation shall not cause resident occupants to park their vehicles in other locations.

7. Hours. Employees, visitors, students, and/or clients are permitted between the hours of 7 a.m. to 7 p.m.

8. Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, Internet, or other mode of electronic communication, unless permitted per Cottage Food Preparation as detailed below.

9. Storage. There shall be no storage of materials, supplies, and/or equipment in an accessory building, or outdoors. Storage may only occur within a garage if it does not occupy or obstruct any required parking space. Contractors whose work is conducted entirely off-site (and who use their home solely for administrative purposes related to the contracting business) may store construction, electrical, landscaping, plumbing, or similar supplies or materials within a single vehicle of one ton or less.

10. Traffic and Parking Generation. Home occupations shall not generate a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street on which the dwelling is located or which creates the need for additional parking spaces, or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit. There shall be no deliveries and/or pick-ups from commercial vehicles, except those used by mail carriers.

11. Vehicles. Only one vehicle, owned by the operator of the home occupation, and not to exceed one ton in capacity, may be used by the operator in conjunction with the home occupation.

12. Commercial Vehicles and Attachments. Home occupations involving more than one commercial vehicle parked on-site shall not be permitted. No attachments of equipment or machinery used for business purposes shall be permitted either on the vehicle or on the site when the vehicles are not in use and such equipment or machinery is within view from the public right-of-way or neighboring properties. Storage of attachments of equipment and machinery or trailers are not permitted in areas visible from public rights-of-way or neighboring properties, unless part of an active approved construction project on the site.

13. Equipment. Home occupations, which involve mechanical or electrical equipment which is not customarily incidental to domestic use shall not be permitted. Facsimile machines, copy machines, computers, and other similar business equipment are permitted. Small power tools and similar equipment/machinery not exceeding two horsepower are also permitted. Commercial kitchens are prohibited.

14. Cottage Food Preparation. Cottage Food Preparation is permitted subject to compliance with Government Code 51035 and Health and Safety Code 113758. Food preparation and storage shall be done within the primary residence. There shall be no outdoor storage of material while all activities must occur within the primary residence, not including the garage and/or accessory buildings.

15. Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.

16. Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a single-unit detached residence.

F. Multiple Home Occupations. Only one home occupation per home is permitted.

G. Signage. Signs for Home Occupation uses may be erected subject to the following standards:

1. Quantity. A maximum of one sign is permitted.

2. Type. A wall or window sign is permitted. Freestanding signs of any type shall not be permitted.

3. Size. Shall not exceed two square feet in area.

4. Design. Signs shall be visually compatible with the building and surrounding neighborhood.

5. Illumination. Illuminated signage is not permitted.

H. Prohibited Home Occupations. The following specific businesses are not permitted as home occupations.

1. Adult-oriented business;

2. Ambulance services;

3. Automotive/vehicle repair, painting, body/fender work, upholstering, detailing, washing, including motorcycles, trucks, trailers, and boats;

4. Automotive/vehicle sales with any on-site storage or sale of vehicles;

5. Barber, beauty, nail salons, tattoo, body piercing. Shops with one station are excepted. Visits shall be by appointment;

6. Animal boarding, care, training, breeding, raising or grooming, or veterinary services, conducted on the premises;

7. Carpentry and cabinet-making businesses;

8. Commercial food preparation, food handling, processing, or packing other than Cottage Food Preparation as described above;

9. Firearms manufacture, sales, or repair;

10. Furniture refinishing or upholstery;

11. Gymnastic facilities;

12. Massage parlor;

13. Medical and dental offices, clinics, and laboratories, or any type of physical therapy, psychotherapy, or massage therapy;

14. Medical marijuana distribution;

15. Mini-storage;

16. Mortuaries;

17. Instructional services for more than three students at one time;

18. Pharmacies;

19. Print shops/Copy centers;

20. Recording studio (electronic composition, recording, and re-mixing conducted with headphones and using no amplification, live instruments or live performance excepted);

21. Repair, fix-it, or plumbing shops;

22. Restaurant;

23. Retail sales;

24. Tanning salon;

25. Towing service;

26. Welding, metal working, and machining businesses;

27. Yoga/spa retreat center; and

28. Any other use that the Director determines would be detrimental to the public health, safety, and general welfare or would be incompatible with nearby residential uses.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 26, eff. 10-21-16; Am. Ord. 2025-024, § 62, eff. 7-27-25).

ISO Containers, also known as sea, ocean, or shipping containers, shall comply with the following standards.

A. Residential and/or Commercial Use. ISO Containers used as structures containing residential or commercial uses, or any other such occupied space, shall secure all entitlements that are required of conventional structures, shall comply with all provisions of the Base District and other applicable provisions of this Code, and shall secure a Building Permit.

B. Storage Use.

1. Exceptions. City-owned sites and ISO Containers used during construction to temporarily store equipment or material are exempt from this section. The ISO Containers shall be removed upon occupancy of the building and/or expiration of the building permit, whichever occurs first.

2. Incidental Use. ISO Containers shall be incidental to the primary use on the site and/or shopping center. They are not permitted as an accessory use to a stand-alone parking lot.

3. Condition. ISO Containers shall be kept in good condition and free of damage, rust, graffiti, signs, banners, etc. Repairs shall be made within 48 hours of being damaged. Graffiti shall be removed within 48 hours.

4. Vacant Property. Not permitted on vacant property.

5. Residential and Mixed-Use Districts. Refer to Section 15-2405, Recreational Vehicles, Boats, Trailers, and Portable Storage.

6. Commercial Districts.

a. Shall be located to the rear of the building and shall be screened from Major Streets to the satisfaction of the Director.

b. Shall be limited to one per each 20,000 square feet of building area. For buildings less than 20,000 square feet, one.

7. Industrial Districts.

a. IL District.

i. Shall be screened, to the greatest extent feasible, from Major Streets, including State Highways.

ii. Shall not be visible from a local street that also serves existing residences and/or planned Residential Districts.

iii. Shall not be stacked.

b. IH Districts.

i. Shall not be visible from a local street that also serves existing residences and/or planned Residential Districts.

ii. Shall not be stacked higher than two containers.

8. Separation from Residential Districts. ISO Containers shall be separated by a minimum of 200 feet from Residential Districts and/or residential uses. Caretaker's Residences are exempted from this subsection.

9. Separation from Property Lines and Buildings. Ten feet. There shall be no structures between the containers that connect them.

10. Paving. Containers shall be placed on paved areas, per Public Works standards, to mitigate dust. Industrial Districts are excepted.

11. Prohibited Storage. The ISO may not be used to store flammable liquids or other hazard materials as determined by the Fire Chief.

12. Utilities. There shall be no utility connections to the ISO container.

13. Fire Clearances. The container shall provide adequate access as determined by the Fire Chief.

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

Large Format Retail, defined as a single tenant that occupies a minimum of 80,000 square feet shall be designed, located, and operated to meet the requirements of the applicable Base District and the following standards.

A. Applicability. If a Large-Format Retail space is vacant for a period of at least one year the following standards shall apply:

1. Landscaping. Perimeter landscaping and Parking Lot Shading standards per the applicable Property Development Standards for the District in which it is located. The Director may make exceptions to the strict application of the prescribed standards, however in no case shall the reduction result in a net reduction of 35 percent or greater in the amount of landscaping provided. Landscaping may also be aggregated to minimize the impact on parking areas. In addition, the Director may enter into an agreement that allows the property owner to defer the installation of landscaping for a period not to exceed 18 months from the date of occupancy. The deferment agreement shall be recorded with the County Recorder.

2. Bicycling Parking. Bicycling Parking shall be provided per Section 15-2429.

3. Refuse. Refuse Collection Areas shall be provided per Section 15-2016, Trash and Refuse Collection Areas.

4. Recycling. All new shopping centers or supermarket sites that are required by the State of California Department of Conservation to have a Recycling Center shall have an area designated and improved for the use of a recycling center as part of its original site plan. This area shall be permanently integrated and architecturally compatible with the center and shall provide adequate screening and design features so as to not detract from the design of the center.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2018-66, § 48, eff. 1-18-19).

A. Purpose. The purpose of this section is to allow for the conversion of existing hotels or motels from a commercial lodging use to a residential use which will provide housing to non-transient residents and facilitate bringing these hotel or motel buildings into safe and habitable condition as required by State and local law.

B. Applicability.

1. Hotels and motels that were constructed prior to January 1, 2020, and have previously accommodated or currently accommodate non-transient residents are eligible to apply for a lodging-to-dwelling conversion.

2. Lodging-to-Dwelling Conversions shall be permitted in any Base District and/or Overlay District in which an Eligible Hotel may exist, including any Base District and/or Overlay District that does not permit Residential Use Classifications.

3. This section shall not apply to a conversion that involves the construction of new structures for residential use or a significant enlargement of existing structures. For purpose of this section, the term "significant enlargement" shall mean a new building or expansion of existing buildings such that the number of individual units is increased.

C. Permit required. An application for a Lodging-to-Dwelling Conversion shall require a Conditional Use Permit subject to Article 53 and an assessment pursuant to the California Environmental Quality Act (CEQA) shall be conducted.

D. Definitions.

1. "Eligible Hotel" shall be defined as an existing hotel or motel building, constructed prior to January 1, 2020, that offers lodging to non-transient residents, for all or a portion of the facility that is eligible to apply for a lodging-to-dwelling conversion. Provision of one residential unit for an on-site manager shall not disqualify a hotel or motel from being defined as an "Eligible Hotel."

2. "Non-transient residents" shall be defined as a person who resides in a non-transient facility for a period of thirty-one or more consecutive days.

E. Compliance with Existing Regulations. The following requirements shall apply to all lodging-to-dwelling conversions and are currently enforceable in relation to existing hotels, motels and non-transient facilities under state and local laws and regulations:

a. An Eligible Hotel shall bring the subject hotel or motel building into full compliance with the California Building Code, the California Fire Code, and the California Electrical Code, as may be amended and any local amendments thereto.

b. An Eligible Hotel shall be subject to the occupancy classifications and change of occupancy requirements in the California Building Code based upon the classification most similar to the primary use of the facility, as determined by the Building Official.

c. An Eligible Hotel offering rooms to non-transient residents shall not operate if the facility or any portion of the facility exists with any of the conditions necessary to be declared a substandard building within the meaning of California Health and Safety Code section 17920.3, as may be amended.

d. In the event an Eligible Hotel is declared a substandard building or otherwise exists with any of the conditions necessary to be declared a substandard building, the Eligible Hotel shall be subject to the provisions of Fresno Municipal Code sections 1-301 et seq.

F. Minimum Standards for Lodging-to-Dwelling Conversions.

a. Fire Safety. Eligible Hotels shall either:

i. Be built with fire-resistive construction; or

ii. Be equipped with fire-extinguishing systems or equipment as set forth in the California Building Code and California Health and Safety Code.

b. Lavatory. All bedrooms shall provide private lavatory and bathing facilities in each unit, including but not limited to the following:

i. Bathroom sink.

ii. Toilet.

iii. Shower or tub and shower combined facility.

c. Heating and Cooling. Eligible hotels shall provide heating and cooling equipment in each unit.

d. Food Storage and Preparation. Eligible hotels shall provide access to cooking and refrigeration spaces to non-transient residents by either of the following options:

i. Efficiency Unit Kitchens. Providing a refrigerator of at least two thirds the size of a standard refrigerator, a separate sink for food preparation, microwave, a cooking appliance such as an oven and stove or efficiency cooktop with unobstructed ventilation, and a non-porous washable surface suitable for food preparation, constructed in compliance with the California Building Code, and an optional microwave; or

ii. Common Use Kitchen. Providing a dedicated common-use space on the premises with kitchen facilities to be used by non-transient residents. A full kitchen will be required for every 6 units. A full kitchen is defined as being a minimum of 100 square feet in size and containing the following fixtures: a sink, food preparation counter, storage cabinets, and permanent cooking facilities such as an oven and range or cooktop. Kitchen and food storage facilities shall be constructed in compliance with the Americans with Disabilities Act, California Code of Regulations, California Building Code, California Plumbing Code, California Electrical Code, and California Fire Code, as may be amended (including local amendments). In addition to the requirements of the above applicable codes, kitchen facilities shall be constructed with unobstructed ventilation for all cooking appliances, non-porous materials shall be used for all food preparation surfaces, and all surfaces shall be washable.

e. Electrical Capacity. Eligible hotels shall provide electrical capacity, subject to review, inspection, and approval of the Building Official as follows:

i. A main electrical panel sufficient to accommodate non-transient occupants in all units; and

ii. A sub-electrical panel for each unit in the facility. Each sub-electrical panel shall have sufficient capacity to accommodate a refrigerator, a cooktop, and a microwave, in addition to any electrical capacity needs generated by lighting, heating and cooling appliances, televisions, and personal appliances including but not limited to computers or cellular phones; and

iii. Any other improvements related to the provision of electricity deemed necessary by the Building Official to preserve the public health and safety.

f. Converted Efficiency Units. Units converted to residential efficiency units shall comply with Health and Safety Code section 17958.1 and occupancy by no more than two persons is permitted when the unit has a minimum floor area of 150 square feet, and partial kitchen or bathroom facilities as set forth in the Minimum Standards, above.

G. Maximum Density. Density limitations set forth in the applicable Base District and/or Overlay District shall not apply to Lodging-to-Dwelling Conversions. The number of dwelling units that are created shall not exceed the number of lodging units that are removed from the Eligible Hotel.

H. Other Capacity Inspections. Eligible Hotels shall complete plumbing, structural, and mechanical improvements sufficient to accommodate non-transient residents, and as deemed necessary by the Building Official to preserve the public health and safety. These improvements are subject to review, inspection, and approval of the Building Official.

I. Legal Non-Conforming Uses, Structures and Site Features. Except for any and all changes, including but not limited to structural changes, required for the conversion of an Eligible Hotel, the provisions of FMC 15-404 and 15-405 will apply to uses, structures and site features that are related to an Eligible Hotel. An Eligible Hotel is permitted to convert any use, structure or site feature to become a conforming use that is compliant will all state and local codes.

(Added Ord. 2020-031, § 1, 9-1-20).

Manufactured homes shall be designed and operated in compliance with the following standards:

A. General Requirements. Manufactured homes may be used for residential purposes subject to the provisions of this section and the Government Code (Section 65852.3).

B. Underlying Districts. The underlying District Standards shall apply to manufactured homes, including, but not limited to, building height, access, setbacks, open space, parking requirements, etc. If the home is located in an Infill Area or a site under the auspices of an operative plan, the home shall comply with the standards per the adopted plan or guidelines.

C. Design Criteria. A manufactured home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

1. Foundation. A manufactured home shall be built on a permanent foundation system approved by the Building Official.

2. Date of Construction. Each manufactured home shall have been manufactured within 10 years of the date of issuance of a permit to install the manufactured home and shall be certified under the National Manufactured Home Construction and Safety Act of 1974.

3. Roof Overhang. The roof overhang shall not be less than 12 inches around the entire perimeter of the manufactured home as measured from the vertical side of the home. The overhang requirement may be waived at the point of connection where an accessory structure is attached to the manufactured home.

4. Roof Material. Roof material shall consist of material customarily used for conventional single-unit dwellings, such as tile or composition shingles. If shingles are used, the pitch of the roof shall be not less than three inches vertical to 12 inches horizontal.

5. Siding Material. Siding material shall consist of exterior material customarily used for conventional single-unit dwellings, such as stucco, wood, brick, stone, or decorative concrete. Metal siding, if utilized, shall be non-reflective and horizontally lapping. Siding material utilized as skirting shall be the same as the material used on the exterior wall surface of the manufactured home.

6. Skirting. The unit's skirting shall extend to the finished grade. Skirting that touches the earth shall be treated.

7. Building Orientation. The home, including the primary entrance, shall face the street, if required by the underlying zone district.

D. Mobile Home Parks. Manufactured Homes within a Mobile Home Park must comply with California Health and Safety Code Sections 18200 et seq. and are exempted from the development and design standards given in Subsections B through C, except as the standards may relate to public street frontage (including perimeter walls), signs, access, and vehicle parking.

E. Tiny House on Wheels (THOW). A Tiny House on Wheels (THOW) may be considered a manufactured home and therefore used as a primary dwelling unit. THOWs shall comply with Subsections A, B, C.6, C.7, and D above. THOWs must additionally be ANSI certified and be placed on an engineered foundation system.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 63, eff. 7-27-25).

A. Definitions

1. The definitions within Section 9-3304 of this Code, as may be amended, apply to adult use and medicinal cannabis retail businesses and commercial cannabis businesses.

B. Location and Design of Cannabis Retail Businesses

1. Comply with the requirements within Section 9-3307 of this Code, as may be amended, relating to location and design requirements for a retail cannabis business, including, but not limited to, the following:

a. All cannabis retail businesses must be located on property zoned DTN (Downtown Neighborhood), DTG (Downtown General), CMS (Commercial Main Street), CC (Commercial Community), CR (Commercial Regional), CG (Commercial General), CH (Commercial Highway), NMX (Neighborhood Mixed-Use), CMX (Corridor/Center Mixed Use), RMX (Regional Mixed-Use), and must meet all of the requirements for development in these zones, including, but not limited to, parking, lighting, building materials, etc.

b. All buildings in which a cannabis retail business is located shall be no closer than eight hundred (800) feet from any property boundary containing any of the following:

1. A cannabis retail business.

2. A school providing instruction for any grades pre-school through 12 (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).

3. A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted.

4. A youth center that is in existence at the time a complete commercial cannabis business permit application is submitted.

c. Each applicant shall provide a neighborhood responsibility plan so the review authority may find that the proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.

d. In addition to the requirements within Section 9-3307 of this Code, as may be amended, each proposed cannabis retail business shall meet the following building design guidelines:

1. Demonstrate compatibility with the surrounding character of the neighborhood and blend in with existing buildings. The establishment should look like any other similarly situated building. New and existing buildings shall meet the minimum Façade Design Development Standards of the associated zone district unless compliance would cause the building to not be compatible with the surrounding character of the neighborhood and existing buildings.

C. Location and Design of Commercial Cannabis Businesses

1. Comply with the requirements within Section 9-3308 of this Code, as may be amended, relating to location and design requirements for a commercial cannabis business, including, but not limited to, the following:

a. Laboratory testing may take place in a Commercial, Employment, or Downtown District and must meet all of the requirements for development in these zones, including, but not limited to, parking, lighting, building materials, etc.

b. Cultivators, distributors, or manufacturers must be located within the Cannabis Innovation Zone, inside a Cannabis Innovation Hub, or within one-half (1/2) mile of State Route 99 between Shaw Ave. and Clinton Ave., one (1) mile of State Route 99 north of Shaw Ave. or south of Clinton Ave., or within one (1) mile of State Route 180 west of State Route 99, must be zoned either IL (Light Industrial) or IH (Heavy Industrial), and must meet all of the requirements for development in these zones. If not located within the Cannabis Innovation Zone, any building in which a cultivator, distributor, or manufacturer is located shall be no closer than one thousand (1,000) feet from any property boundary containing any of the following:

1. Any residentially zoned parcel in the city, including any legal non-conforming residential uses as of the date a complete commercial cannabis business permit application is submitted.

2. A school providing instruction for any grades pre-school through 12 (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).

3. A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted.

4. A youth center that is in existence at the time a complete commercial cannabis business permit application is submitted.

c. All Cannabis Innovation Hubs must be located within one-half (1/2) mile of State Route 99 between Shaw Ave. and Clinton Ave., one (1) mile of State Route 99 north of Shaw Ave. or south of Clinton Ave., or within one (1) mile of State Route 180 west of State Route 99, and must be zoned either IL (Light Industrial) or IH (Heavy Industrial), and must meet all of the requirements for development in these zones. All Cannabis Innovation Hub building shall be located no closer than one thousand (1,000) feet from any property boundary containing any of the following:

1. Any residentially zoned parcel in the city, including any legal non-conforming residential uses as of the date a complete commercial cannabis business permit application is submitted.

2. A school providing instruction for any grades pre-school through 12 (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).

3. A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitted.

4. A youth center that is in existence at the time a complete commercial cannabis business permit application is submitted.

d. Each applicant shall provide a neighborhood responsibility plan so the review authority may find that the proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.

e. In addition to the requirements within Section 9-3308 of the Fresno Municipal Code, all buildings associated with a commercial cannabis business shall meet the following building design guidelines:

1. Demonstrate compatibility with the surrounding character of the neighborhood and blend in with existing buildings. The establishment should look like any other similarly situated building. New and existing buildings shall meet the minimum Façade Design Development Standards of the associated zone district unless compliance would cause the building to not be compatible with the surrounding character of the neighborhood and existing buildings. For existing buildings, pictures and elevations of the building(s) must be provided to the City upon submittal of a Conditional Use Permit application.

D. Operating Requirements for All Commercial Cannabis Activity

1. Comply with the requirements within Section 9-3309 of this Code, as may be amended, relating to operating requirements for all commercial cannabis activity.

E. Operating Requirements for a Cannabis Retail Business

1. Comply with the requirements within Section 9-3310 of this Code, as may be amended, relating to operating requirements for a cannabis retail business.

F. Operating Requirements for a Distributor

1. Comply with the requirements within Section 9-3311 of this Code, as may be amended, relating to operating requirements for a cannabis distributor.

G. Operating Requirements for a Cultivator

1. Comply with the requirements within Section 9-3312 of this Code, as may be amended, relating to operating requirements for a cannabis cultivator.

H. Operating Requirements for a Testing Laboratory

1. Comply with the requirements within Section 9-3313 of this Code, as may be amended, relating to operating requirements for a cannabis testing laboratory.

I. Operating Requirements for a Manufacturer

1. Comply with the requirements within Section 9-3314 of this Code, as may be amended, relating to operating requirements for a cannabis manufacturer.

J. Signage

1. Signage shall conform to the requirements of Chapter 15, Article 26 of this Code, Section 9-3309(h) of this Code, and this subsection. Where conflict may occur, the more restrictive provisions shall govern.

2. No signs placed on the premises of a cannabis retail business or a commercial cannabis business shall obstruct any entrance or exit to the building.

3. No signs of a cannabis retail business or a commercial cannabis business shall be placed on any window.

4. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No cannabis retail business or commercial cannabis business may advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises or elsewhere including, but not limited to, the public right-of-way.

5. Signage shall not be directly illuminated, internally or externally. No banners, flags, billboards may be used at any time.

6. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a Cannabis Conditional Use Permit, or on any of the vehicles owned or used as part of the commercial cannabis business or cannabis retail business.

K. Landscaping

1. New Buildings. Landscaping shall be provided per the underlying District.

2. Existing Buildings. Perimeter landscaping and Parking Lot Shading shall be provided per the underlying district. The Review Authority, at their discretion, may make exceptions to the prescribed standards, however in no case shall the reduction result in a net reduction of 35 percent or greater in the amount of landscaping provided. Landscaping may also be aggregated to minimize the impact on existing parking areas.

L. Lighting

1. Lighting. The exterior of the premise, including adjacent public sidewalks and all parking lots under the control of the establishment, shall be illuminated during all hours of darkness in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, required illumination shall be placed and/or shielded in a way that minimizes interference with the neighboring residences. Provide the hours of operation of the lighting within the required neighborhood responsibility plan.

M. Litter and Graffiti

1. Litter must be removed daily from the premises, including adjacent public sidewalks and all parking lots under the control of the cannabis retail business or commercial cannabis business; these areas must be swept or cleaned, either mechanically or manually, on a weekly basis to control debris.

2. The owner or operator shall remove graffiti within 48 hours.

N. Cannabis Conditional Use Permit

1. Prior to commencing operations, a commercial cannabis business or cannabis retail business must obtain a Cannabis Conditional Use Permit from the Planning and Development Department. Prior to applying for a Cannabis Conditional Use Permit, an applicant must first obtain a Commercial Cannabis Business Permit from the city.

2. Cannabis Conditional Use Permit applications shall be reviewed by the respective Council District Project Review Committee.

3. Cannabis Conditional Use Permit applications shall be routed for review to the respective school district in which the property is located.

4. Land use approvals shall include compliance with all applicable provisions of CEQA.

5. The process described in Chapter 15, Article 50 of this Code shall apply to a Cannabis Conditional Use Permit. Where conflict may occur with Chapter 15, Article 50, this section shall govern.

O. Review Authority

1. The Director shall approve, conditionally approve, or deny applications for Cannabis Conditional Use Permits based on consideration of the requirements of this article. The Director may, at their discretion, refer any application that may have significant public interest to the Planning Commission for a decision. In the event of a referral, the Planning Commission shall hold a public hearing prior to making the decision.

P. Application Requirements

1. Applications for a Cannabis Conditional Use Permit shall be submitted in accordance with the provisions set forth in Section 15-5002, Application and Fees.

2. The Cannabis Conditional Use Permit application shall be accompanied by a written narrative, operational statement, site plans, floor plans, elevations, and other evidence in support of the applicable findings required by subsection R, Required Findings.

3. The Director may require the applicant to submit additional information, of such type and in such form as the Director may specify, as the Director may deem relevant to the application, including, but not limited to, statements, numeric data, and technical studies, as appropriate.

Q. Public Notice

Public Notice shall be provided 10 days prior to the date of action pursuant to Section 15-5007.

R. Required Findings

A Cannabis Conditional Use Permit shall only be granted if the decision-maker determines that all of the required findings of Section 15-5306 of this Code can be made for the project as submitted or as modified. If the decision-maker determines that it is not possible to make ail of the required findings, the application shall be denied.

S. Conditions of Approval

In approving a Cannabis Conditional Use Permit, the decisionmaker may impose reasonable conditions or restrictions deemed necessary in accordance with Section 15-5307 of this Code[.]

T. Appeals

Cannabis Conditional Use Permit decisions are subject to the appeal provisions of Section 15-5017, Appeals.

U. Expiration of Cannabis Conditional Use Permit.

1. A Cannabis Conditional Use Permit granted under this Code shall automatically expire five years after the date of issuance.

2. A Cannabis Conditional Use Permit granted under this Code runs with the land for up to five years. Should an operator discontinue operations at an existing Retail Cannabis Business or Commercial Cannabis Business, a new operator may take over the existing Cannabis Conditional Use Permit for the unexpired time period. Prior to commencing operations, the new operator must obtain a commercial cannabis business permit, submit an approved operational statement, and submit an approved neighborhood responsibility plan.

V. Indemnification.

1. All applicants for a Cannabis Conditional Use Permit and related environmental approval pursuant to the California Environmental Quality Act (CEQA) shall be responsible to fully indemnify, defend, and hold harmless the City, its officers, employees, agents, and volunteers, for any and all claims and legal challenges related to the City's actions in approving their applications. Applicant's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the sole negligence or willful misconduct of City or any of its officers, officials, employees, agents or volunteers. Indemnification and defense shall be considered a condition of approval for all Cannabis Conditional Use Permit approvals.

2. The responsibility to indemnify and defend the City as required under this Section shall be stated in all application documents provided by the City; however the failure to do so shall not negate the requirement to indemnify and defend.

3. If an applicant fails to accept responsibility to indemnify and defend as required in this Section, then the Cannabis Conditional Use Permit approval shall become null and void upon notice from the City Manager, as approved by the City Attorney, and the applicant shall be liable to the City for all costs, settlements, and/or judgments incurred by the City with respect to the challenge to the Cannabis Conditional Use Permit approval. If an applicant fails to indemnify and defend the City, the City may, at the discretion of the City Attorney, concede the challenge to the Cannabis Conditional Use Permit approval.

(Added Ord. 2020-038, § 1, eff. 9-29-20).

Editor's note— Ord. 2020-038, § 1, effective September 29, 2020, amended the Code by repealing former § 15-2739, and replacing it with a new § 15-2739. Former § 15-2739 pertained to medical marijuana dispensaries, and derived from Ord. 2015-39, effective January 9, 2016.

Editor's note— Ord. 2020-038, § 1, effective September 29, 2020, amended the Code by repealing former § 15-2739.1 in its entirety. Former § 15-2739.1 pertained to recreational marijuana activities, and derived from Ord. 2017-52, effective November 2, 2017.

A. Location.

1. Residential Districts. Permitted when the commercial vehicle belongs to the tenant and/or occupant of the building.

2. Non-Residential Districts. Permitted in Non-Residential Districts, not to exceed one day per week. Vehicles shall be limited to only employees that work on-site.

3. The washing of vehicles shall only occur on private property.

B. Pavement. Sites shall be paved with asphalt concrete, concrete, or other acceptable impervious surface per City standards.

C. Structures.

1. Temporary canopies and shade structures are permitted. Temporary canopies may be required to obtain a Building Permit.

2. When not in operation, all evidence of its use must be removed from the site including all tents, canopies, temporary membranes, barricades, products, signs, litter, etc. Temporary canopies and shade structures shall be removed daily. The parking lot must be left in a clean condition, free of waste. Permanent buildings, structures, and signs are excepted.

D. Business License. Operators shall obtain a business license.

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

A. General Provisions.

1. Noise and amplified music shall comply with all applicable noise standards.

2. Odors shall comply with Section 15-2510, Odors.

3. The sale of alcohol and tobacco products by Vendors is prohibited.

4. The operator shall provide waste removal and shall be responsible for collecting trash/debris and recycling after each stop. Trash includes material dispensed from the Vendor as well as items that may be left by their patrons.

5. Free-standing signs, such as A-frame signs and sidewalk signs, shall comply with Article 26, Signs.

6. Permits. Mobile Vendors shall have a current Tax Certificate, a Mobile Vendor Permit from the City when required by Section 9-1104, and shall have all applicable permits required by the County Health Department.

a. Display of Permit. No mobile vendor shall operate in the city without prominently displaying on their person or vehicle a City-issued sticker or badge designating them as a duly permitted mobile vendor.

b. Display of Name. The mobile vendor's name, the business name, address, telephone number, City permit number, City tax permit, and Fresno County Department of Health number shall be visible on both sides of any vehicle (including, ice cream trucks, bakery wagons, push carts, and bicycles). If the vehicle is a truck, the display shall also be on the rear of the vehicle. The letter size for the name, telephone number and City permit number shall comply with Fresno County requirements and shall be clearly visible at 50 feet.

7. Restaurant, Residential, and School Spacing for Food Vendors. Notwithstanding sections B and C below, Vendors shall not operate within specified distances of the following uses as set forth below:

a. Vendors shall not operate within 300 feet of an existing restaurant, during the restaurant's normal business hours, with the following exceptions:

i. Vendors operating as part of a Farmer's Market per Section 15-2730 or a Special Event per Section 15-2760-B,

ii. The restaurant and the Vendor are operated by the same entity.

iii

The Vendor has prior written permission of a business owner to operate on the property of that existing business.

iv. Within the area bounded by Divisidero Street, Highway 41, and Highway 99, non-motorized Vendors may operate within 300 feet of an existing restaurant with prior written permission of the City Manager.

b. Vendors shall not operate within 100 feet of residential uses, with the following exceptions:

i. Caretaker's Residence

ii. Residential units that are part of a vertical mixed-use development.

iii. Vendors operating as part of a Farmer's Market per Section 15-2730 or a Special Event per Section 15-2760-B.

c. Vendors shall not operate within 100 feet of schools, with the following exceptions:

i. Vendors which sell only fresh produce.

ii. Vendors operating as part of a Farmer's Market per Section 15-2730 or a Special Event per Section 15-2760-B.

iii. Any motorized food vendor may not operate within 1,000 feet of a school during regular school hours unless authorized by the school.

B. Off-Street Locations and Time Limits. The following restrictions shall apply except for Vendors operating as part of a Farmer's Market per Section 15-2730 or a Special Event per Section 15-2760-B.

1. Residential Districts. Vendors may not operate within residential districts, with the exception of properties for non-residential uses, such as schools and religious assembly facilities. Vendors shall have prior written authorization from the property owner.

a. Time Limit. Two hours, after which the Vendor must move to a new location that is no less than 500 feet away.

2. Non-Residential Districts. Vendors may operate within non-residential districts. Vendors shall have prior written authorization from the property owner.

a. Time Limit. A vendor may stay in a single location for up to 12 hours in a 24 hour period after which the Vendor must move to a new location that is no less than 500 feet away.

b. Unpaved Surfaces. Notwithstanding any other provisions of this Code, Vendors shall be permitted to operate on unpaved surfaces in non-residential districts with prior written authorization of the property owner.

3. City-Owned Property. Vendors may not operate on City-owned property, such as parks, without prior written authorization from the City.

a. Time Limit. At the discretion of the City Manager or his/her designee.

C. On-Street Locations and Time Limits. Vendors may operate on the public right-of-way subject to the following restrictions. Vendors operating as part of a Farmer's Market per Section 15-2730 or a Special Event per Section 15-2760-B are excepted.

1. Residential Districts.

a. Time Limit, Non-Motorized Vendors. Thirty minutes, after which the Vendor must move to a new location that is no less than 300 feet away.

b. Time Limit, Motorized Vendors. Motorized Vendors (including, but not limited to, ice cream trucks) may circulate and stop temporarily for sales, but shall not remain stationary for more than five minutes.

2. Non-Residential Districts.

a. Time Limit. The posted time limit of the parking stall or one hour, whichever is less, after which the Vendor must move to a new location that is no less than 500 feet away.

b. Location. Vendors shall operate from valid on-street parking stalls

c. Customer Transaction Area. Vendors shall park in such a manner that the customer transaction area is on the public sidewalk adjacent to the curb.

3. Compliance with Traffic and Parking Laws. While operating in the public right-of-way, Vendors shall follow all applicable traffic laws and parking regulations, including time limits, payment of parking meters, and no-parking zones.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2015-43, § 2, eff. 1-22-16; Am. Ord. 2016-32, § 27, eff. 10-21-16; Am. Ord. 2017-33, § 27, eff. 7-30-17; Am. Ord. 2018-66, § 49, eff. 1-18-19).

Motorcycle Clubs may be permitted in accordance with the standards below.

A. Location.

1. Motorcycle Clubs shall not have access to a local street that also serves a Residential District, a public or private school, a day care center, a hospital or care facility, or a park.

2. Clubs shall be a minimum 500 feet from any planned or zoned residential districts, public or private schools, day care centers, or parks. Caretaker's Units are excepted.

B. Hours of Operation. Club activities shall end, and the club shall be closed, between 2 a.m. and 8 a.m. daily. No club activities shall take place between 10 p.m. and 2 a.m. except within an enclosed building.

C. Activities Open to the General Public. Should a Club offer event admission to the general public for the primary purpose of dancing, concerts, and similar activities, it shall obtain a permit for a Nightclub.

D. Parking. Refer to Article 24, Parking and Loading.

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

A. Purpose. The purpose of this section is to allow for the conversion of an existing office building(s) from an office use to a multi-unit residential use which will provide housing to residents and facilitate compliance of said structures into safe and habitable condition as required by State and local law.

B. Applicability. Office-to-Dwelling Conversions shall be permitted in locations where an Eligible Office may exist.

C. Permit Required. An application for an Office-to-Dwelling Conversion shall require a Zone Clearance per § 15-5102.

D. Definitions.

1. "Eligible Office" shall be defined as an existing office building(s) located in the O District.

E. Compliance with Existing Regulations. The following requirements shall apply to all Office-to-Dwelling Conversions:

1. An Eligible Office shall bring the subject office building(s) into full compliance with the most recently adopted California Building Code(s), as may be amended and any local amendments thereto.

2. An Eligible Office shall be subject to the occupancy classifications and change of occupancy requirements in the California Building Code(s) based upon the classification most similar to the primary use of the facility, as determined by the Building Official.

3. An Eligible Office shall not operate if the building(s) or any portion of the building(s) exists with any of the conditions necessary to be declared a substandard building within the meaning of California Health and Safety Code Section 17920.3, as may be amended.

4. In the event an Eligible Office is declared a substandard building(s) or otherwise exists with any of the conditions necessary to be declared a substandard building(s), the Eligible Office shall be subject to the provisions of Fresno Municipal Code Sections 11-324 et seq.

F. Maximum Density. There is no maximum density, rather, the number of allowable units shall be determined by compliance with the California Building Code(s) for minimum dwelling unit square footage requirements.

G. Other Capacity Inspections. Office-to-Dwelling Conversions shall complete plumbing, structural, and mechanical, and any other improvements sufficient to accommodating residents, and as deemed necessary by the Building Official to preserve the public health and safety. These improvements are subject to review, inspection, and approval of the Building Official.

H. Legal Non-Conforming Uses, Structures, and Site Features. The provisions of Sections 15-404 and 15-405 shall apply to any legal non-conforming uses, structures, and site features of an Eligible Office that are not subject or related to an Office-to-Dwelling Conversion. Should an Eligible Office choose to additionally alter any use, structure, or site feature not associated with an Office-to-Dwelling Conversion, such alterations shall be done in compliance with all applicable State and local codes.

1. The construction of ancillary structures required for the conversion of office to residential uses is permitted. Construction of these structures must comply with the RM-3 District standards for new development, as identified in Section 15-1003.1

(Added Ord. 2025-023, § 2, eff. 12-26-25).

Outdoor cooking, in conjunction with a restaurant or grocery store, may be permitted in accordance with the conditions below.

A. Part of an Established Business. Sales shall be part of the normal business of the establishment. Transactions may be made outdoors however patrons shall also have the option of making transactions inside of the establishment. Should transactions solely be made outdoors and not part of the normal business, it shall be considered a Mobile Vendor.

B. Setback from Residential. A minimum separation of 100 feet from Residential Districts is required to ensure that outdoor cooking facilities do not emit odors into homes. The scale of the operations, prevailing wind patterns, and building orientation will be taken into consideration during the review process and a greater setback may be required to mitigate obnoxious odor.

C. Setbacks from Property Lines. Cooking apparatus shall comply with all setbacks for the underlying zone district, however in no case shall it be closer than 15 feet to any property line.

D. Smells/Odors. The applicant shall provide a written statement outlining how smoke, smells and/or odors will be confined and limited from traveling into Residential Districts.

E. Hours of Operation. For facilities located within 100 feet of residential units that are not part of a Mixed-Use development, outdoor cooking shall be limited between 8 a.m. and 10 p.m. An exception, to extend the hours of Outdoor Cooking, may be made if the operator obtains written approval from all owners and tenants within 100 feet from the subject site.

F. Location of Equipment.

1. If located in a parking area, grills shall be located in a designated area and may not be relocated freely throughout the parking area. The area dedicated to the use shall be permanently blocked and barriers shall be installed to protect the public.

2. Equipment shall not encroach into designated fire lanes and egress paths from buildings, and shall be located no closer than 10 feet to building openings, and no closer than 10 feet from buildings of combustible construction.

G. Attendance. Fires must be attended at all times.

H. Grease. The applicant shall detail how grease will be captured and disposed of.

I. Cleanliness. The area shall be cleaned daily and shall be free of oil, grease, etc.

J. Traffic Circulation. If proposed on an existing parking area, a plan depicting drive aisles, parking areas, etc., shall be submitted for review and approval.

K. Other Approvals. The applicant shall be responsible for obtaining permits from other agencies, if applicable, including, but not limited to, the County Health Department, the Fire Department, and San Joaquin Valley Air Pollution Control District.

L. Additional Conditions. The Director may impose additional conditions to ensure that the use does not create a nuisance to surrounding properties.

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

Eating and drinking establishments, including bars, nightclubs, and smoking establishments, with outdoor dining and/or patio areas shall be located, developed, and operated in compliance with the following standards:

A. General Requirements.

1. Application Information. In addition to any other application materials required, an application for an outdoor dining area shall state the anticipated periods of use during the year, and the proposed hours of daily use, including Saturdays, Sundays, and holidays; and whether any liquor will consumed.

2. Hours of Operation. Hours of operation shall be limited to the hours outlined in Table 15-2744-A.

TABLE 15-2744-A ALLOWED HOURS OF OPERATION

1 Distance measured from the establishment to the nearest residential property line. Excludes residential use in the same development.

3. Misters/Heaters. Misters, heaters, and other such devises for moderating temperatures of the outdoor dining area shall be permitted at the discretion of the Review Authority based on considerations such as aesthetics, safety, and resource efficiency.

4. Lighting. Lighting shall not disrupt or unnecessarily impact adjoining properties or roadways. See Section 15-2015, Outdoor Lighting and Illumination.

5. Residential Spacing. Outdoor patio areas for hookah, cigar, and similar establishments shall not operate within 100 feet of a Residential District.

B. Outdoor Dining Area on Private Property.

1. Music. Music may not be amplified. All music, live or recorded, shall comply with all applicable noise standards.

2. Barriers.

a. If required and/or proposed, barriers shall be reviewed and approved by the Review Authority. Barriers shall not exceed four feet in height.

b. If alcohol is served, barriers may be required as part of the Conditional Use Permit process, as well as by the State of California Alcoholic Beverage Control.

3. Shade Structures.

a. Covers, including umbrellas, tents, and/or awnings to protect patrons from inclement weather are permitted subject to review and approval by the Review Authority. Weathered and/or damaged coverings shall be removed immediately.

b. Enclosed tents are permitted year round, however they shall only be permitted on a temporary basis and shall not substitute for permanent structures.

c. A building permit is required for any temporary tent or canopy larger than 400 square feet.

4. Access and Walkways.

a. Outdoor dining areas shall not interfere with required pedestrian and/or vehicular access.

b. Walkways shall be provided per California Code of Regulations, Title 24, Part 2, California Building Code.

5. Parking.

a. Additional parking is not required when the outdoor area is less than 800 square feet.

b. If the outdoor dining area exceeds 800 square feet, parking is required for the area in excess of 800 square feet at a ratio of 50 percent of what is required for the use.

c. For centers with multiple tenants, each tenant may have up to 800 square feet of outdoor dining area.

C. Outdoor Dining Area within Public Right-of-Way.

1. Permit Required. A Zone Clearance is required for any outdoor dining/seating located in the public right-of-way. An encroachment permit approved by the City Engineer is required for any furniture or structures which are permanently attached to the public right-of-way.

2. Music.

a. Downtown Districts. Amplified sounds from the establishments must not be audible from a distance of 200 feet outside of the outdoor dining area.

b. All Other Districts. Amplified sounds from the establishments must not be audible at the property line.

3. Barriers. Barriers must be in a manner acceptable to the City Engineer, and the design must be approved by the Review Authority.

4. Shade Structures and Furniture.

a. No part of an outdoor dining area shall be permanently attached to the sidewalk or building unless authorized by the Review Authority.

b. Awnings or umbrellas may be used in conjunction with an outdoor eating area. Permanent covered shade structures and awnings shall obtain a building permit.

c. The design of all improvements and furniture shall be of a quality to sustain weather and wear, and shall be of a material other than molded plastic. Furniture shall be of durable materials such as wrought iron, wood, steel, or cast aluminum. Planter boxes, where used, shall be of quality materials such as precast concrete, terra cotta, or other pottery, and shall not be of plastic.

5. Access and Walkways.

a. A minimum of six feet of unobstructed sidewalk must remain available for pedestrians. For purposes of the minimum clear path, parking meters, traffic signs, trees, planters, benches, and all similar obstacles shall constitute obstructions within the sidewalk area.

b. Where the outdoor dining area is located adjacent to a street, and in addition to obtaining an encroachment permit, an 18-inch clearance shall be maintained from the face of the curb to the outdoor dining area unless there is parking parallel to the street, in which case a two-foot clearance is required.

c. No outdoor dining area shall obstruct any points of building ingress and/or egress.

6. Parking. Additional parking is not required when dining is within the public right-of-way.

7. Maintenance.

a. The permit holder and the property owner shall maintain the outdoor dining area and the adjoining street, curb, gutter, and sidewalk in a neat, clean, and orderly condition at all times, regardless of the source of the refuse and litter.

b. If necessary, the permit holder or the property owner shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloration to the satisfaction of the Department of Public Works and in accordance with prevailing storm water and water quality regulations.

c. Umbrellas shall be kept clean and in good condition, secure in windy conditions, and fire-treated.

8. Insurance. An applicant for a permit for an outdoor dining area shall, prior to issuance of such a permit, provide and maintain in full force and effect while the permit is in effect, public liability insurance in an amount specified by the City Manager or designee sufficient to cover potential claims for bodily injury, death, or disability and for property damage, which may arise from or be related to the use of sidewalk area for outdoor dining purposes, naming the City of Fresno as an additional insured.

9. Use of Property/Public Right-of-Way for Purposes of Operating an Outdoor Dining Area. The applicant shall be charged a fee for use of the area to be included in the outdoor dining area, as set by City. In addition, the applicant shall enter into an agreement with the City, which shall contain a provision that the permit is wholly of a temporary nature, that it vests no permanent right whatsoever, that upon 30 days' notice, posted on the premises, or by publication in the official newspaper of the City, or without such notice, in case the permitted use shall become dangerous or unsafe, the same may be revoked and the sidewalk furniture ordered removed. Every such agreement shall be filed for record with the Office of the County Clerk.

10. Suspension of Permit. The City shall have the right to suspend or prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, §§ 28, 29, eff. 10-21-16).

Outdoor retail sales shall be located, developed, and operated in compliance with the following standards:

A. Seasonal Sales. For Seasonal Sales, such as Christmas Tree and pumpkin lots, refer to Section 15-2760, Temporary Uses.

B. Temporary Outdoor Sales. For Temporary Outdoor Sales, refer to Section 15-2760, Temporary Uses.

C. Permanent Outdoor Display/Sales. The permanent outdoor display of merchandise—except for Automobile and Motorcycle Retail Sales and Leasing, which is subject to Section 15-2709—requires a Development Permit and shall comply with the following minimum standards:

1. Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.

2. Display Locations. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall also not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic. Specifically:

a. A four-foot pedestrian pathway shall be maintained and not blocked by merchandise.

b. If a portion of the pedestrian pathway is shaded by a building overhang, the four-foot pedestrian pathway rather than the merchandise must be located under the overhang.

c. If located in the public right-of-way, an encroachment from the Public Works Department is required.

d. Location of the displayed merchandise may not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

3. Building Setback of 15 Feet or Less. Merchandise shall be no closer than 15 feet from a public street unless the building is located closer to the street. If so, merchandise may be located closer than 15 feet.

4. Building Setback Greater than 15 Feet. Outdoor sales shall be located entirely on private property outside any required setback (or landscaped planter in zoning districts that do not have required setbacks), fire lane, or fire access way. A minimum setback of 15 feet from any public right-of-way is required.

5. Merchandise. Only merchandise generally sold at the business shall be permitted to be displayed outdoors.

6. Screening. Screening is not required, however when proposed in a Commercial District and when visible from a major street, a decorative fence is required (chain link is prohibited). This requirement shall not apply to:

a. Seasonal Sales (i.e., Christmas Trees, Pumpkin Lots).

b. Temporary Outdoor Sales.

7. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area;

8. Refuse/Litter. The operator shall provide waste removal and shall be responsible for collecting trash and recycling after each event, including the parking lot.

9. Transactions/Point-of-Sale. All sales shall occur as part of the normal business activity of the establishment, via a register, or hand-held device. Patrons shall have the option of paying for purchases in the establishment as part of normal business activity.

10. Other Conditions. The Director may impose other conditions that would ensure the operation of the proposed temporary outdoor sales in an orderly and efficient manner.

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

Pay phones installed outside of a building are permitted subject to the following requirements.

A. Pay phones are permitted in non-residential districts.

B. Pay phones shall comply with the property development standards of the underlying District and in no case shall they be located closer than 20 feet to Single-Unit Districts.

C. Pay phones shall be within 10 feet of the main entrance of a business.

D. Pay phones shall be restricted to outgoing calls.

E. Pay phones may only be installed and operated where there is a legitimate business. Should a business close, the pay phone shall be removed.

F. Pay phones, and the area immediately around the phone, shall be kept clean of litter, graffiti, etc.

G. Adequate lighting shall be provided to light the pay phone and the area immediately around the phone.

H. Inoperative and/or abandoned pay phones, including booths shall be removed within 30 days.

I. Pay phones shall comply with Section 10-605, Public Nuisance of the Fresno Municipal Code.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 64, eff. 7-27-25).

Personal storage facilities shall be located, developed, and operated in compliance with the following standards. Where the standards of this section appear to conflict with the standards of the base district, the standards of this section shall prevail.

A. Business Activity. All personal storage facilities shall be limited to dead storage only. No retail, repair, or other commercial use (such as storage for commercial gain) shall be conducted out of the individual rental storage units.

B. Uses Allowed. Such use shall consist of the renting and leasing of individual storage space for storing personal property, stock-in-trade materials and equipment, automobiles, and recreational vehicles. The following shall be allowed as accessory uses:

1. A caretaker's residence;

2. The retail sale of items appurtenant to the on-site rental of storage spaces;

3. The lien sale of stored goods as authorized by California Business and Professions Code, Chapter 10, Division 8, Section 21700 et seq.; and,

4. The rental of trucks, trailers, and dollies.

C. Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units.

D. Open Storage. Open storage (outside an enclosed building) shall be limited to vehicles, boats, recreational vehicles, and trailers. Outdoor storages areas shall be screened from public view by building façades or solid fences. At the discretion of the Review Authority, the treatment of the ground surface of the open storage area may be gravel or other materials as prescribed by the San Joaquin Valley Air Pollution Control District, the Public Works Department, the Fire Department, and the Fresno Metropolitan Flood Control District.

E. Exterior Wall Treatments and Design. Exterior walls/fences visible from a public street or Residential District shall be constructed of decorative block, concrete panel, stucco, or similar material. These walls shall include architectural relief through articulation, trim, change in color at the base, the use of architectural "caps," attractive posts, or similar measures. Columns visible from public streets shall be spaced a maximum of 25 feet apart. Gate(s) shall be decorative iron or similar material.

F. Fencing.

1. A six-foot-high security fence shall be provided around the perimeter of the development at locations where the solid façades of the storage structures do not provide a perimeter barrier.

2. A wrought iron fence or gate or an approved equivalent shall be required at the entrance to the facility.

3. A storage building located on the side or rear property line may be used as a required fence or wall.

G. Hours of Operation. Hours of operation shall be limited to the hours of 7 a.m. to 7 p.m. if the facility abuts Residential Uses or Districts, including residential that may be part of a mixed-use development. If the facility abuts commercial, industrial, or public facilities, it may remain open until 10 p.m.

H. Setbacks.

1. Front and Street Side. When the subject site abuts a street, a yard of 10 feet or more (as required elsewhere in this Code) shall be provided, landscaped, and maintained in accordance with the requirements of this Code. Fences/walls shall be located behind this landscaping.

2. Interior Side and Rear. None required if the building height does not exceed 11 feet.

I. Other Requirements.

1. When adjacent to parcels within an RS or RM district, the roof of any building exceeding 11 feet in height shall incorporate colors and angles commensurate with those of the adjacent properties.

2. Lighting which is provided to illuminate parking or building areas shall be hooded and arranged and controlled to eliminate any nuisance to the surrounding uses. The height of lighting which illuminates outdoor vehicular storage areas shall be approved at the discretion of the Review Authority.

3. The height of any building when located less than 40 feet from any property line that abuts property that is zoned or planned for single-unit residential uses, shall not exceed 11 feet.

4. A public address system shall not be allowed when the facility is located within 1,000 feet of any property zoned or planned for residential uses. This does not include alarm systems.

5. Caretaker's Residence. A Caretaker's Residence shall provide a minimum of one parking space in an enclosed garage and a private yard for use by the residence with a minimum of 100 square feet where at least one dimension is at least eight feet in length.

J. Design Standards within Mixed Use Districts.

1. Location. Storage uses shall not be located within 300 feet of an existing or planned Bus Rapid Transit station.

2. Site Size. Shall not exceed two acres.

3. Setback from Major Streets. The storage use shall be set back no less than 50 feet from all Major Streets. No less than 60 percent of the building frontage along Major Streets shall be occupied by food and beverage sales, entertainment and recreation, general personal services, artist's studios, eating and drinking establishments, personal services, general retail, or convenience retail uses. Other high-activity uses may be approved at the discretion of the Review Authority.

4. Façade Design. The facades of the storage structures shall appear to be buildings used for non-storage purposes, such as office or multi-unit, and shall not have an industrial appearance.

5. MX Development Standards. Unless otherwise stated, all MX development standards shall apply.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, § 30, eff. 10-21-16; Am. Ord. 2025-024, § 65, eff. 7-27-25).

Power Poles on private property for either a temporary period or permanently may be permitted subject to a valid Building Permit, and/or active Temporary Use Permit per Section 15-2760, Temporary Uses.

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

Private Recreational Sports Facilities, as part of a gymnasium/health club, on residential property, or as the primary use on a site (ex: golf course, golf-driving range, archery range, rock climbing course, kart racing, motocross and BMX tracks, ice hockey, ice skating, roller skating, roller hockey, roller derby, inline skating, skate parks, basketball courts, or soccer, baseball, softball, cricket, field hockey, or lacrosse fields, horse riding courses, or similar activities as determined by the Director), shall be subject to the following standards:

A. Whenever a proposed use contains, or is placed adjacent to, outdoor facilities that provide batting cages, golf courses, golf-driving ranges, paintball, archery, or similar activities, the proposed use shall include fences, nets, walls, or other methods that are capable of stopping all projectiles fired and/or hit by containing or redirecting the projectile to a safe location. This does not apply when an existing use already has measures in place that are adequate enough to protect the proposed use.

B. In Non-Residential Districts. Activities, such as batting cages and paintball, that may generate unwanted noise, shall cease at 10 p.m. (and may not renew operations until 8 a.m. the following morning) unless separated by a minimum of 400 feet from a Residential District. A greater distance may be required if the proposed use, such as motocross, generates above-average ambient noise levels.

1. Fencing. Fencing for outdoor activities shall be reviewed on a case-by-case basis. Consideration shall be given to streets, homes, etc.

C. In Residential Districts. Any outdoor activities, such as batting cages, that may generate unwanted noise, shall be limited to the hours of 8 a.m. to 8 p.m. Additional measures may be required to mitigate noise to acceptable levels. Any enclosures used for activities must not be visible from the street and must be screened from adjoining residences. Artificial lighting is not permitted.

1. Fencing. Refer to Section 15-2006, Fences, Walls, and Hedges.

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

Recycling facilities shall be located and operated in compliance with the following standards:

A. Reverse Vending Machines.

1. Accessory Use. Reverse vending machines may be installed as an accessory use to a permitted or conditionally permitted primary use on the same site.

2. Location. Machines shall be located adjacent or as near as feasibly possible, to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation. Machines shall be located against a wall and may not be located in parking areas.

3. Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

4. Signs. Machines shall have a maximum sign area of four square feet exclusive of operating instructions.

5. Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.

6. Trash Receptacle. Machines shall provide a 40-gallon garbage can for non-recyclable materials located adjacent to the reverse vending machine.

7. Hours of Operation. No restrictions.

B. CRV Recycling Centers. California Redemption Value (CRV) Recycling Centers are facilities available for the general public for the recycling of products such as glass, aluminum cans, and plastic beverage containers as defined by the State's Department of Resources Recycling and Recovery.

1. Permanent Location. CRV Recycling Centers shall not be temporary. All associated improvements shall be permanent in nature.

2. Hours of Operation. CRV Recycling Centers shall not be open for business on the same day as regularly scheduled refuse collection for nearby residential areas.

3. Materials. CRV and Commingled Materials as defined by Government Code 14506.5 and 14512 of the California Beverage Container Recycling & Litter Reduction Act may be accepted. Newspapers, cardboard, copper, or industrial materials may not be accepted, unless the facility is located within an industrial district.

4. Minimum Lot/District Size.

a. If a CRV Recycling Center is ancillary to a primary use, the site shall be a minimum of one acre in area.

b. If the Recycling Center is the sole or primary use on the site, the site shall be a minimum of one-half acre in area.

5. Permitted Locations. Facilities are permitted as shown in the applicable base district. The following provisions shall also apply:

a. In Industrial Districts CRV Recycling Centers may be the primary use.

b. In all other districts a CRV Recycling Center shall be operated in conjunction with a retailer such as a supermarket, super drug store, or other retailer that sells CRV-type goods.

c. Recycling Centers may be located in a Commercial District that does not house a retailer that sells CRV-type goods, subject to the following:

i. The parcel must within 1,320 feet of an existing supermarket, super drug store, or other retailer that sells CRV type goods.

ii. The site shall be a minimum one acre in area.

iii. The facility shall comply with all property development standards, including setbacks, landscaping, parking, etc., of the zone district in which the facility is located.

d. New Recycling Centers in Commercial Districts shall only be permitted in unserved (and non-exempt) convenience zones.

6. Maximum Size. The Recycling Center shall be limited to a maximum footprint of 700 square feet. Of these 700 square feet, only 500 square feet may be used for building and/or storage area. The remaining 200 square feet may be used for office space, staging areas, or patios/permanent shade structures. If the facility is proposed in a permanent building, a larger building area will be allowed on a case-by-case basis.

7. Separation. Except where mandated by State law, CRV Recycling Centers shall physical maintain separation from specific uses as follows. Distances shall be measured from the boundaries of the actual facility and not the property line.

a. From Residential Uses. 75 feet.

b. From Public Streets. 20 feet.

c. From Parks. ½ mile.

d. From Liquor Stores. ½ mile.

e. From Schools. ½ mile.

f. From Another Recycler. New CRV Recycling Centers shall not be located within a half-mile of an existing recycling center (or an existing light processing facility that accepts CRV material from the general public).

8. Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the existing buildings.

9. Pavement. The area used for recycling, parking, and/or storage shall be paved per Public Works Standards for parking lots.

10. Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.

11. Containers. Containers shall be constructed of durable waterproof and rustproof material(s) and secured from unauthorized removal of material. Capacity sufficient to accommodate materials collected in the collection schedule. ISO containers shall comply with Section 15-2736.

12. Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator, and the hours of operation.

13. Signs. Signs shall be a maximum of 20 percent per side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container.

14. Site Maintenance. Sites shall be maintained clean, sanitary, and free of graffiti, litter, and any other undesirable materials.

15. Voucher System. Upon recommendation by the Fresno Police Department, the Director may require that a Recycling Center implement a voucher system. No money shall be kept in or about the licensed premises. The petitioner shall implement and utilize a voucher system to compensate patrons for raw recycled materials purchased by the business. The center shall provide the patron with a "voucher" which can be exchanged for cash at a predetermined business establishment (e.g., stores, check cashing locations, etc.).

16. Video Surveillance. Upon recommendation by the Fresno Police Department, the Director may require that the site be monitored by video surveillance.

17. Building/Structure Design and Architectural Compatibility.

a. Recycling Centers shall be limited to single story-structures with a height no greater than 10 feet (12 feet if the structure includes architectural features), unless proposed in a permanent building.

b. A typical ISO container or other type of metal building or structure may be permitted if it is:

i. Screened by a permanent decorative wall consistent with the architecture of the shopping center; or

ii. Contained within a permanent or semi-permanent sheath-type structure that is consistent or compatible with the architecture of the shopping center.

c. The storage container shall be painted to match the existing shopping center including the body color and all trim existing. Prominent architectural features of the center (such as tile accents) shall be incorporated into the design of the storage container.

d. Screen walls shall be architecturally compatible with the existing shopping center. Chain link fencing may be permitted if it is not visible from a public street or a Residential District.

e. If the facility conducts most of its business outdoors and is not shaded by adjacent trees or buildings during operating hours, a shade structure is allowed for employees. Permanent shade structures are encouraged, but portable shade structures, tents, or umbrellas may be provided for the comfort and safety of the customers and attendant on a case-by-case basis. Shade structures shall remain clean and in good order and shall be replaced if damage or excessive wear becomes visible. To the extent possible, this shade structure or tent shall be architecturally compatible with the shopping center and recycling facility (i.e., of similar colors as the building). The maximum square footage of these shade structures is 120 square feet. Details of the shade structure(s) shall be included in the operational statement. Elevations will be required with application submittal.

18. Landscaping.

a. Sites shall be in compliance with approved Landscape Plans.

b. If the site was developed prior to existing landscaping requirements, landscaping within the immediate vicinity of the storage container and sorting area shall be provided.

19. Site Maintenance and Operational Requirements.

a. Recyclable materials shall be stored in containers or in the storage unit.

b. CRV Centers shall maintain an adequate on-site refuse container for disposal of non-hazardous waste and a container for customers to pour remaining liquids into from their CRV materials. These refuse containers shall be screened from public view.

c. The storage unit and surrounding area shall be cleaned and washed and all litter surrounding the site removed as needed to maintain a safe and healthy environment.

d. The operator shall ensure compliance with the Fresno Metropolitan Flood Control District.

e. All shopping carts found within 25 feet of the recycling center not belonging to the existing shopping center shall be returned to their owners. Shopping carts are prohibited on the premises and within 25 feet of the area used to accept recyclable materials.

i. The applicant shall indicate in the operational statement how these requirements will be accomplished,

ii. The operator shall post a sign advising that it is illegal to take shopping carts or that possession of stolen shopping carts is a misdemeanor.

iii. The operator must comply with the Abandoned Shopping Carts Ordinance, Fresno Municipal Code Section 9-3101 et seq., as may be amended.

f. Signs shall be posted informing customers of the Abandoned Shopping Cart Ordinance (Section 9-3103 of the Fresno Municipal Code).

g. An on-site restroom facility or a written letter from a nearby store within in the shopping center that allows the recycling center employees to use the store's on-site restroom facilities is required.

h. The Recycling Center shall be illuminated to ensure comfortable and safe operation.

20. Other Requirements.

a. Recycling facilities must obtain a Solid Waste Recycling Permit from the Code Enforcement Division.

b. Frequent responses by the Fresno Police Department (FPD) arising out of or relating to the operation or management of the real property owned or controlled by the permit-holder causing any combination of the following: animal disturbances; violent criminal acts; illegal consumption of intoxicants in public view; gaming activities; and juvenile disturbances, or any of the other activities set forth in the Fresno Municipal Code (FMC) Section 10-708(g) may result in an FPD recommendation to the Director to commence proceedings to revoke the Site Plan Review/Development Permit or Conditional Use Permit application for violation of the Management of Real Property Ordinance. In addition to recommending the commencement of revocation proceedings, the FPD may pursue any of the other remedies set forth in FMC, Section 10-710, Violation, including assessing fines against the proprietor for the violations of the Management of Real Property Ordinance.

c. "Frequent," for this subsection, means response by the Fresno Police Department is occurring more than 1.5 times the average number of such responses (three calls for every two) for property of a similar size and character within the same policing district.

C. Recycling Processing Facility.

1. Minimum Lot Size. Three acres.

2. Location. Facilities shall not abut a residential district or use and shall have direct access to a Major Street that is properly designated to accommodate the type of traffic that will be generated by the facility.

3. Screening. The facility shall be screened from public rights-of-way, by a Screening Wall, per 15-2008-C, or within an enclosed structure. Frontage landscaping (a minimum of 10 feet) is required.

4. Pavement. The area used for recycling, parking, and/or storage shall be paved per Public Works Standards for parking lots.

5. Outdoor Storage.

a. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required Screen Wall.

b. Exterior storage of materials, other than baled material, shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition.

c. Outdoor storage shall comply with the Fire Code for pile size, fire apparatus access, and fire hydrant protection.

6. Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

7. Processing. Processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable and reusable materials.

8. Noise. Shall comply with all applicable Noise standards.

9. Fluids. A processing facility may accept used motor oil and/or used oil filters for recycling from the generator in accordance with Government Code 25250.11 of the California Health and Safety Code. All storage of used motor oil and/or used oil filters must be within a containment apparatus capable of containing all stored oil in the event of a spill or leak. No containment apparatus shall exceed a capacity greater than 55 gallons. All used motor oil and/or used oil filter storage containers shall be located on an approved surface.

10. Batteries. A processing facility may accept used lead-acid batteries in accordance with Government Code 25215.1 of the California Health and Safety Code Section 25215.1. All batteries must be stored inside an enclosed building.

11. Hours of Operation. If the facility is within 500 feet of a Residential District, or an existing home, it may not operate between the hours of 7 p.m. and 7 a.m.

12. Personnel. The facility shall be administered by on-site personnel during the hours the facility is open,

13. Maintenance. If CRV materials are accepted, compliance with the Site Maintenance and Operational Requirements of Subsection 15-2750-B.19 is required.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2015-43, § 2, eff. 1-22-16; Am. Ord. 2017-54, § 1, eff. 11-18-17; Am. Ord. 2018-33, § 1, eff. 6-14-18).

A. Permitted Districts. Restaurants that serve alcohol for on-site consumption, Bars, and Nightclubs may be established as allowed in the applicable base or overlay district.

B. Conditional Use Permit Required.

1. Unless otherwise specified, restaurants with alcohol sales, bars, nightclubs, and lounges shall not be established without first securing a Conditional Use Permit. A conditional Use Permit shall not be required in Downtown Districts.

2. A Conditional Use Permit shall not be required for on-site alcohol consumption for the uses below subject to review and approval of an operational statement from the applicant to the Director. If, in the opinion of the Director, the request is for retail purposes, the use must be permitted per the Base District.

a. Daily Licenses;

b. Membership organizations and clubs that are restricted to members and their guests only;

c. Nonprofit Temporary Licenses;

d. Hospitals;

e. Cultural and Art Museums operated by non-profit organizations;

f. Bed and Breakfast Inns that offer complimentary drinks to their guests; and

g. Hotels and Motels that offer complimentary drinks to their guests.

C. Operational Statement. Applicants shall submit an operational statement which shall include, but not be limited to, the following:

1. Information as to persons doing business under fictitious names, members of partnerships, and officers of corporations or associations.

2. Exhibits that include a site plan and a detailed floor plan of the premises.

3. An evacuation plan in case of emergency (Bars and Nightclubs).

4. Hours of operation.

5. Security Plan (including efforts to ensure that the parking area is monitored to prohibit loitering and crowd and line control).

6. Efforts that have been taken to discuss the proposal with neighbors.

7. Copy of a valid Business Tax Certificate, if in business.

8. Any additional information as the Director may reasonably require to properly evaluate the application.

D. Multiple Phases of Operation. If a business proposes to operate in more than one mode of operation (e.g., a Restaurant that converts to a Nightclub in the evening), each use shall be evaluated and conditions shall be assigned accordingly. All proposed uses must be allowed in the district.

E. Alcohol Sales. If the business serves alcoholic beverages, it is required to obtain the appropriate license from the State of California Department of Alcohol Beverage Control (ABC).

F. Types of Dancing Establishments.

1. Restaurant. Dancing is permitted, however it shall be incidental to the primary use.

2. Bar. Dancing is permitted, however it shall be incidental to the primary use.

3. Nightclub. Dancing is permitted.

4. Single Event. Single event dances may be conducted by nonprofit organizations where such dances are not open to the general public. A total of 10, single event dances may be held per calendar year per nonprofit organization. A permit is not required. Should an establishment conduct more than 10 dances, a permit to establish a Nightclub shall be required.

G. Special Standards.

TABLE 15-2751-G: SPECIAL STANDARDS

H. Nightclub Hours of Operation.

TABLE 15-2751-H: NIGHTCLUB HOURS

I. Last Call for Alcohol. Each establishment may establish the time of "last call" for ordering alcoholic beverages, so long as the hours to stop consumption are respected.

J. Outdoor Patios. Refer to Section 15-2744, Outdoor Dining and Patio Areas.

K. Parking Area. The designated parking area shall be oriented away from residences as much as possible, and shall be clearly depicted on the site plan submitted for the Development Permit or Conditional Use Permit.

L. Noise.

1. Noise decibel levels shall be monitored by the establishment to ensure compliance with all applicable Noise Standards.

2. Doors and windows shall remain closed, after 10 p.m. to minimize noise, except as needed to allow for the normal entry and exit of patrons to and from the establishment. Emergency access shall be maintained per City standards. This subsection shall not apply to businesses that are separated a minimum of 400 feet from Residential Districts.

M. Posting Hours of Operation and Address. The owner and/or proprietor and/or applicant shall be responsible to conspicuously post the hours of operation for each phase type (i.e., restaurant, nightclub) near the entrance of the establishment. It shall be 8.5 × 11 inches in size, to be in a format provided by the City. This posting shall be made available to City officials upon request.

N. Security. The Police Department shall make a recommendation to the Director for security measures for each application based upon the function of the establishment as described in the operational statement. Additional and/or security measures such as reduced hours of operation, security guards, door monitors, and burglar alarm systems may be required if harm, nuisance, or related problems are demonstrated to occur as a result of business practices or operations. This will be determined on a case-by-case basis upon review by the Police Department.

O. Loitering.

1. The owner and/or proprietor and/or operator of the establishment is responsible to provide supervision (i.e., security) to prevent loitering in the immediate vicinity of the establishment.

2. During operating hours, the owner and/or proprietor shall prohibit loitering in the parking area.

3. After closing hours, the immediate vicinity of the establishment including its designated parking area, shall be cleared within 15 minutes, except for employees of the establishment.

4. In the event that there is more than one establishment sharing a parking area, adjustments to the conditions of approval for each establishment shall be made so that there is a shared responsibility.

P. Third Party Promoters. Whenever an event is promoted by a Third Party the licensee/owner and/or proprietor and/or operator of the premises shall require that said Third Party obtain a business tax certificate from the City prior to holding such event.

Q. Neighborhood Meeting. An application for a Bar less than 300 feet from Residential per Table 15-2751-G or Nightclub less than 400 feet from Residential per Table 15-2751-G shall be required to conduct a Neighborhood Meeting as put forth in Section 15-5006.

R. Non-Operating Rule. Whenever all of the rights granted by a permit are discontinued, the following rules to reestablish the use shall apply:

1. One Year or Less. The same operator or a different operator may reestablish the use pursuant to the preexisting Conditional Use Permit and all conditions applicable thereto.

2. More Than One Year. A new permit is required.

S. Existing Uses.

1. Non-Conforming. Existing establishments that have been legally established under previous regulations, but do not conform to current law, may continue to operate as a recognized non-conforming use pursuant to Article 4, Non-Conforming Uses, Structures, Site Features, and Lots.

2. Loss of Non-Conforming Status. Changes to an existing use that would cause the loss of a non-conforming status are, but not limited to, the following:

a. When a business is closed for one continuous year;

b. Change of use (e.g., from restaurant to a nightclub), or if a single use would like to establish multiple uses;

c. An increase of floor area (including patio area) for the existing use; and

d. A request to close at a later time.

3. Pursuant to § 23790 of the California Business and Professional Code, a change in license type (ABC License) for the sale of alcoholic beverages (e.g., from type 41 to type 47) shall be considered an interruption of use, requiring that the new license type be consistent with current zoning and land use regulations.

4. When a non-conforming status is lost, any subsequent use must be consistent with current zoning and land use regulations and a new permit is required.

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

Roadside Fruit Stands may be located, developed, and operated in compliance with the following standards. The rights and privileges extend to active farms per the use regulations of the underlying base district.

A. Products.

1. Agricultural products produced on the premise shall account for 75 percent of all products.

2. Up to 25 percent of products may be produced off-site, however all products shall be agriculturally related.

3. Nonagricultural products, livestock, alcohol, and tobacco products are prohibited.

B. Seasonal and Holiday Sales. Sales shall be limited to the products being sold per Subsection A above.

C. Structures.

1. When not in operation, all tables, tents, canopies, temporary membranes, barricades, products, signs, litter, etc. shall be removed. Permanent buildings and structures are excepted.

2. Any structures remaining after a closure of a Fruit Stand for six months or longer shall be considered a public nuisance and shall be abated pursuant to the Public Nuisance Ordinance.

D. Setbacks.

1. Streets. Structures and parking areas shall be setback a minimum 20 feet from the nearest travel lane.

2. Interior and Rear Property Lines. Structures and parking areas shall be setback a minimum 35 feet from interior and rear property lines.

E. Refuse/Litter. The operator shall provide waste removal and shall be responsible for collecting refuse, including the parking lot.

F. Other Agencies. Review and approval may be required from other agencies, including Fresno County Health Department.

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

An outdoor, enclosed, or second kitchen may be permitted in a Single-Unit District subject to the property development standards of the underlying district and the following:

1. The additional kitchen shall be incidental, related, and clearly subordinate to the principle use and shall not alter the principal use.

2. If enclosed, the enclosed kitchen area shall not exceed 110 square feet. If the area exceeds 110 square feet, it shall comply with Section 15-2754, Second/Accessory Dwelling Units (ADUs).

3. The kitchen area shall meet all yard setback requirements.

4. If enclosed, the enclosed area shall not be converted to a separate living unit.

5. If attached to the main building, the second kitchen shall have direct access to the main building.

6. Cooking shall only be for the enjoyment of the residents and/or their guests and shall be limited to non-commercial purposes.

7. Only one electric/gas meter is permitted per single-unit parcel.

8. The kitchen in the main building shall remain in safe working order.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 66, eff. 7-27-25).

A. Purpose. The purpose of this section is to allow for the ministerial development of Second Dwelling Units in a manner that is consistent with the requirements identified in Government Code Section 66310 et seq.

B. General Requirements.

1. Preemption. Should there be any conflict with the provisions in this section and those within Government Code Section 66310 et seq., as may be amended, the Government Code shall prevail.

2. Areas where Second Dwelling Units are allowed.

a. Accessory Dwelling Units may be permitted in any zone district that allows single-unit and multi-unit residential dwellings, mixed-use development, or where a single-unit structure, duplex, or multi-unit structure is either existing or proposed.

b. Junior ADUs are limited to single-unit districts or where a single-unit dwelling is existing or proposed.

C. Types of Second Dwelling Units. Second Dwelling Units include Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs),

1. Accessory Dwelling Unit (ADU). An ADU provides separate, independent living quarters for one or more persons. Units may be attached, detached, or located within the structure of a primary dwelling unit. An ADU must have its own entrance and include facilities for daily living including, at minimum, a kitchen, bathroom, and bedroom.

a. A Tiny House on Wheels (THOW) may be considered an ADU if it meets all the requirements of this section. In addition, THOWs must be ANSI certified, be placed on an engineered foundation system, and use skirting to enclose the area between the home and the ground.

2. Junior Accessory Dwelling Unit (JADU). A JADU shall not be larger than 500 square feet and must be contained entirely within a single-unit primary residence. Attached garages are considered part of a primary residence. A JADU must have its own entrance and include, at minimum, a kitchen and bedroom.

a. Shared Facilities. A JADU is allowed to share sanitation facilities with the primary residence. When this occurs, the JADU must include an interior entrance to the main living area that is separate from the main entrance to the JADU.

b. Efficiency Kitchen. A JADU is allowed to have an efficiency kitchen, which includes, at minimum, a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

3. Conversions. An ADU may be created through the conversion of a portion of the primary residence (including an attached garage), a detached garage, or another existing accessory structure. A JADU may be created through the conversion of a portion of the primary residence (including an attached garage).

D. Density and Massing Development Standards.

1. Lot Coverage. Second Dwelling Units are not included in calculations for lot coverage requirements.

2. Density. Second Dwelling Units are not included in calculations for density requirements.

3. Number Allowed.

a. Single-Unit Lots. Up to two ADUs and one JADUs per lot.

b. Multi-Unit Lots.

i. Detached. Up to eight detached ADUs per lot, not to exceed the number of existing units. The units must be detached from the primary unit(s), but do not need to be detached from each other or other accessory structures on the lot.

ii. Conversions. Either up to 25 percent of the number of existing units or one ADU, whichever is greater, may be created through the conversion of existing non-livable space (such as enclosed garages, leasing office, common rooms, etc.).

4. Maximum Size.

a. ADUs. Not to exceed 50 percent of the average floor area of the primary unit(s) or 1,400 square feet, whichever is greater.

i. Exceptions for Conversions. An ADU that is created within the proposed space of a single-unit structure, or in the existing space of a single-unit structure or accessory structure may expand up to 150 beyond the same physical dimensions of the existing accessory structure for the purpose of accommodating ingress and egress.

b. JADUs. Not to exceed 500 square feet.

5. Maximum Height. Per the underlying district or 30 feet, whichever is greater. Second Dwelling Units are allowed to be multiple stories or located above the ground floor.

6. Minimum Setbacks. In all instances, when a recorded utility easement is present, the setback shall include such easement even if it would result in a setback greater than the required minimum.

a. Rear and Side. Per the underlying base district or four feet, whichever is less.

i. Properties abutting alleys. Zero feet. If the ADU has its main entrance on the alley, however, the setback shall be at least two feet.

b. Front. Per the underlying district, however the applicable setback may not preclude the development of an ADU of at least 800 square feet.

7. Placement. Unless it would preclude the development of an ADU of at least 800 square feet, detached ADUs must be located behind the front facade of the primary unit.

E. Parking. No parking is required.

F. Additional Regulations.

1. Owner Occupancy.

a. ADUs. Owner-occupancy is not required.

b. JADUs. The owner must reside in either the primary residence or in the JADU.

i. Exception. Owner-occupancy is not required when the property owner is a governmental agency, land trust, or housing organization.

2. Conveyance.

a. ADUs. An ADU may be sold, or title thereto transferred, separate and apart from the rest of the property in compliance with one of the following:

i. The creation of a common interest development pursuant to Article 39—Common Interest Developments (Condominiums and Conversions) and Government Code Section 66342; or

ii. The filing of a Parcel Map pursuant to Article 35—Parcel Maps.

b. JADUs. JADUs that rely on shared facilities are required to record a deed restriction prohibiting the sale of the JADU separate from the primary residence.

3. Rental Restrictions. Second Dwelling Units that are rented must be for terms of 30 consecutive days or longer.

(Added Ord. 2025-024, § 67, eff. 7-27-25).

Editor's note— Ord. 2025-024, § 67, effective July 27, 2025, repealed the former § 15-2754, and enacted a new § 15-2754 as set out herein. The former § 15-2754 pertained to Second Dwelling Units, Backyard Cottages, and Accessory Living Quarters and derived from Ord. 2015-39, § 1, effective January 9, 2016; Ord. 2016-32, § 32, effective October 21, 2016; Ord. 2018-25, § 28, effective June 11, 2018; Ord. 2018-66, §§ 50, 51, effective January 18, 2019.

Service stations and any other commercial use that provide fuel pumps for retail sales of gasoline are subject to the following standards:

A. Site Design.

1. Access.

a. There shall be no more than two vehicular access points to/from a public street. Additional access may be provided by neighboring properties.

b. Should a site be redeveloped (i.e., the existing building and/or fuel canopy is removed and reconstructed), and more than two vehicular points of access exist, they shall be removed per Public Works Standards.

c. Fleet Fuel Stations in Industrial Districts may provide additional access points, as determined by the Public Works Director.

2. Designs shall incorporate landscaping and half screen walls to screen vehicles while allowing eye level visibility into the site. Fleet Fuel Stations in Industrial Districts are excepted from this provision.

3. Significant architectural or landscape features shall be provided at the corner of intersecting streets to enhance the streetscape.

4. Noise-generating uses, such as auto service bays, car wash openings, vacuum stations, outdoor loading areas, garbage storage, and stacking lanes, shall be located away from sensitive uses such as residential areas.

5. Propane tanks, vapor recovery systems, air compressors, utility boxes, garbage, recycling containers/enclosures, and other similar mechanical equipment shall be screened from public view. Propane tanks, vapor recovery tanks, etc. shall be laid horizontally and shall be screened with a hedge and/or wall.

B. Air and Water Stations. Air and Water Stations shall be identified on plans and shall comply with the setbacks of the underlying District.

C. Pump Islands. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island, unless a greater setback is required by an operative plan. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance. In areas with distinct architecture (to be determined by the Director), the canopy must match the architecture of the main building on the site.

D. Auto Repair. Auto Repair shall comply with Section 15-2710, Automobile/Vehicle Service and Repair, Major and Minor.

E. Temporary Car Washes. Refer to Section 15-2760, Temporary Uses.

F. Proximity to Other Service Stations. No more than two service stations may be located on the corners of the same intersection.

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

Indoor Shooting Ranges and/or Archery Ranges are permitted in accordance with the standards below. The standards below are intended to prevent damage to neighboring properties and to mitigate potential noise from guns and filtration systems used to diminish lead dust and other particulates. Outdoor Ranges are not permitted.

A. Buildings shall incorporate indoor walls and partitions capable of stopping all projectiles fired on the range by containing or redirecting them to the backstop. In addition, buildings shall contain all sound.

B. Exterior walls shall be made of masonry or concrete, or combination thereof.

C. Buildings shall be a minimum 400 feet from existing and/or planned residential dwellings, schools (K-12), and/or day cares. Caretakers Units and Mixed-Use Districts are excepted.

D. Shooting activities are limited to occur between the hours of 7 a.m. and 10 p.m.

E. Ranges shall, at a minimum, meet the requirements established by the National Rifle Association, or the standards above. In the case where standards may conflict, the more restrictive standard(s) shall govern.

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

Single room occupancy (SRO) hotels and/or Boarding Homes, which house between five and 15 guests, which shall collectively be referred to as SROs, shall be located, developed, and operated in compliance with the standards below. SROs do not include Group Homes or Emergency Shelters.

A. Facility. There shall be no more than 15 guests.

B. Maximum Occupancy. Each SRO living unit shall be designed to accommodate a maximum of two adults.

C. Minimum Size. An SRO living unit must have at least 150 square feet of floor area, excluding closet and restroom. No individual unit may exceed 400 square feet.

D. Minimum Width. An SRO of one room shall not be less than 12 feet in width.

E. Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.

F. Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units shall have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements; and a refrigerator.

G. Restroom. An SRO unit is not required to, but may contain partial or full restroom facilities. A partial restroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor and one full bathroom per four units.

H. Closet. Each SRO unit shall have a separate enclosed all-weather closet. The closet shall be at least 120 cubic feet with a minimum four-foot horizontal dimension along one plane.

I. Common Area. Four square feet per living unit shall be provided, excluding janitorial storage, laundry facilities, and common hallways. At least 200 square feet in area of interior common space provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

J. Exterior Common Area. There shall be a minimum of 50 square feet in area of exterior common space per unit, with a minimum horizontal dimension of six feet. This open space may be located in a required front or street side but shall be no closer than nine feet to the lot line, or the rear yard.

K. Tenancy. Tenancy of SRO units shall be offered for a minimum of 30 days or longer.

L. Facility Management.

1. Ten or More Guests. The facility shall provide on-site management. The manager shall live on-site however the manager's unit shall not count as one of the 10 guests.

2. Less Than 10 Guests. There shall be an on-site manager's office. The office shall be staffed for a minimum of six hours per day between the hours of 7 a.m. and 8 p.m., six days a week. The manager's hours shall be posted in a conspicuous location.

M. Management Plan. A management plan shall be submitted with the permit application for all SRO projects. At minimum, the management plan must include the following:

1. Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;

2. Management Policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliances;

3. Rental Procedures. All rental procedures, including monthly tenancy requirements;

4. Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.

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

It is the purpose and intent of these standards to regulate the operation of facilities that perform tattooing and body modification to provide for the health, safety, and welfare of the public and ensure compliance with California Health and Safety Code Section 119300 et seq.

A. Registration Required. Any person who is engaged in the business of tattooing or body modification shall provide evidence of registration with the Fresno County Department of Health.

B. No Persons Under 18. A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 is allowed on site, unless accompanied by their parent or documented legal guardian. The operator of the establishment shall require all customers to show proof of age.

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

A. Amateur (Ham) Radios. In R and MX Districts, one amateur radio antenna structure and one whip antenna shall be permitted subject to the following restrictions:

1. Such equipment shall be operated by a federally licensed amateur radio station operator who resides on the same property;

2. No part of the antenna exceeds 65 feet in height or 30 feet above the height of the roof when fully extended;

3. Antenna capable of a maximum extended height exceeding 40 feet, with the exception of whip antennas, are equipped with a motorized or hand cranked device to allow the antenna to be easily lowered when it is not in operation;

4. When an amateur radio facility is not in operation, no part of any antenna, except for whip antennas, shall extend to a height that exceeds the maximum height permitted in the district; and

5. No part of the antenna shall be located in the area between the front of a building and the front property line, in a required side yard or required rear yard, or in any parking or loading area.

B. All other Telecommunications and Wireless Facilities shall comply with the City's policy pertaining to said uses. Said policy shall establish standards and procedures to regulate the development, siting, installation, and operation of wireless telecommunications antennas and related facilities consistent with the applicable requirements of federal law. The regulations are intended to provide for the appropriate development of wireless telecommunication facilities within the city to meet the needs of residents, business-owners, and visitors while protecting public health and safety and preventing visual blight and degradation of the community's aesthetic character.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2017-33, § 28, eff. 7-30-17).

This section establishes standards for certain uses that are intended to be of a limited duration of time and that will not permanently alter the character or physical facilities of the property where they occur.

A. Temporary Uses Not Requiring a Temporary Use Permit. The following types of temporary uses may be conducted without a Temporary Use Permit. Other permits, such as building permits, may be required.

1. Yard/Garage Sales. Garage sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards.

a. Number. No more than four garage sales shall be conducted on a premise in any calendar year.

b. Nonprofit Organizations. A nonprofit organization may conduct a yard sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purpose of applying the four sales per year limitation set forth in Subparagraph 1 above.

c. Time Limitations.

i. No single sale event shall be conducted for longer than two consecutive days.

ii. Garage sales shall not be held for more than two consecutive weekends. Each weekend that sales are conducted constitutes a single sale event.

iii. Garage sales may only be conducted between the hours of 7 a.m. and 7 p.m.

d. Display Area. Property offered for sale at a garage sale may be displayed only on the property of the residence.

e. Signs. Signs may be displayed only during the hours the garage sale is actively being conducted and shall be removed at the completion of the sale. No signs shall be placed on utility poles or cabinets or in the public right-of-way.

f. Permitted Products. The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under this Ordinance, shall be prohibited.

g. Block Sales. Block Sales that include a closure of a street shall obtain a street closure permit from the Public Works Department.

2. Nonprofit Fundraising. Fundraising sales are permitted on a site by a nonprofit organization, with the owner's permission. Nonprofit fundraising shall not exceed 30 calendar days per year on any single site. Sites shall be cleared of all merchandise and shall be cleaned daily.

3. Nonprofit Fundraising Events. Outdoor events for fundraising purposes may be permitted on a site, however events shall be for non-commercial purposes and shall not directly benefit the establishment where the event is held. No site shall hold more than three events per year, while events shall not last more than three consecutive days.

4. Temporary Carwashes for Fundraising. Temporary vehicle carwashes may be conducted in accordance with the following standards.

a. The site shall be developed with Commercial, Industrial, and/or Public Uses (i.e., Civic, Institutional).

b. No more than two carwashes shall be conducted on a site in any given month.

c. No event shall be conducted for longer than two consecutive days.

d. Carwashes may be conducted between the hours of 7 a.m. and 7 p.m.

e. The site shall be paved with an impervious surface.

f. Signs may be displayed only during the carwash and shall be removed at the end of the carwash. Signs shall not be placed on utility poles/structures or in the public right-of-way.

g. Vehicles, either being washed or in queue to be washed, shall not block required drive aisles, drive approaches, and/or public rights-of-way.

h. Appearance. When a Temporary Carwash is not in operation, all evidence of its use must be removed from the site including all tables, tents, temporary membranes, canopies, barricades, products, signs, litter, etc. The parking lot must be left in a clean condition.

i. Refuse/Litter. The operator shall provide waste removal and shall be responsible for collecting trash and recycling after each event, including in the parking lot.

5. Moving Trailers/Portable Storage. Refer to Article 24, Parking and Loading

6. Temporary Construction Office Trailers. On-site temporary construction offices are permitted during the period of construction.

B. Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Article 54, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

1. Permanent Outdoor Display and Sales. Refer to Section 15-2745, Outdoor Retail Sales.

2. Seasonal Sales. The annual sales of holiday related items such as Christmas Trees, pumpkin lots/patches and similar items may be permitted in accordance with the following standards:

a. Time Period. Seasonal sales, including Christmas Tree and pumpkin lots, associated with holidays are allowed up to a month preceding and one week following the holiday.

b. Goods, Signs, and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within five days after the end of sales, and the appearance of the site shall be returned to its original state.

c. Parking. The Director may require a shake-off area or alternative design to ensure that dirt is not deposited onto public streets.

3. Temporary Outdoor Display and Sales. Temporary Outdoor Sales, including, but not limited to, grand opening events, and other special sales events, shall obtain a Temporary Use Permit and shall be subject to the following:

a. Relationship to Principle Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the same site.

b. Display Locations.

i. If located in the public right-of-way, an encroachment from the Public Works Department is required.

ii. Location of the displayed merchandise may not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas; or obstruct sight distances; or otherwise create hazards for vehicle or pedestrian traffic.

c. Building Setback of 15 Feet or Less. Merchandise shall be no closer than 15 feet from a public street unless the building is located closer to the street. If so, merchandise may be located closer than 15 feet.

d. Building Setback Greater Than 15 Feet. Outdoor sales shall be located entirely on private property outside any required setback (or landscaped planter in zoning districts that do not have required setbacks), fire lane, or fire access way. A minimum setback of 15 feet from any public right-of-way is required.

e. Hours. Outdoor events may only be held during the normal business hours of the establishment.

f. Number of Events. No more than six events at one site shall be allowed within any 12-month period. Events shall not last more than five days per event and there shall be a minimum of 14 days between events.

g. Existing Parking. The available parking shall not be reduced to less than 90 percent of the minimum number of spaces required by Article 24, Parking and Loading.

h. Tents/Structures. Temporary canopies and shade structures may be permitted. Temporary canopies may be required to obtain a Building Permit. A building permit is required for any temporary tent, shade structure canopy larger than 400 square feet.

i. Appearance. When Temporary Sales are not in operation, all evidence shall be removed from the site including all tables, tents, temporary membranes, canopies, barricades, products, signs, litter, etc. The parking lot must be left in a clean condition, free of waste. Permanent buildings, structures, and signs are excepted.

j. Refuse/Litter. The operator shall provide waste removal and shall be responsible for collecting trash and recycling after each event, including in the parking lot.

k. Signs. Additional signs beyond those normally allowed for the subject use shall not be provided as a result of the outdoor display and sales area.

l. Transactions/Point of Sale. All sales shall occur as part of the normal business activity of the establishment, via a register, or hand-held device. Patrons shall have the option of paying for purchases in the establishment as part of normal business activity.

m. Other Conditions. The Director may impose other conditions that would ensure the operation of the proposed temporary outdoor sales in an orderly and efficient manner.

4. Special Events and Sales. Other short term special events may be permitted in accordance with the standards below.

a. Location. Events are limited to non-residential districts.

b. Number of Events. No more than six events at one site shall be allowed within any 12-month period. Events shall not last more than five days per event and there shall be a minimum of 14 days between events.

c. Products. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the same site.

d. Signs. Refer to Article 26, Signs.

e. Existing Parking. The available parking shall not be reduced to less than 90 percent of the minimum number of spaces required by Article 24, Parking and Loading.

5. Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events are subject to the following standards:

a. Location. Carnivals, fairs, and festival events are limited to areas within Commercial or Employment districts, or on property owned by a public school.

b. Time Limit. When abutting or adjacent to a Residential District or a street that serves a Residential District the hours of operation shall be limited to 7 a.m. to 10 p.m.

c. Lighting. Lighting shall be hooded and directed away from residential uses.

6. Temporary Parking Lots.

a. Unpaved Temporary Parking Lots. Temporary Parking on unpaved surfaces may be permitted for up to 14 days for special events in accordance with the standards below. Unpaved temporary parking lots may not be used to fulfill required off-street parking standards per Article 24, Parking and Loading, rather Temporary Parking Lots may be used to periodically accommodate larger than normal crowds at special events.

i. Parking Plan. An applicant shall submit a parking plan to the City for review and approval.

ii. Location. Temporary Parking shall be limited to nonresidential districts, unless the site is developed with nonresidential uses.

iii. Number of Events. Temporary Parking Lots may not be used more than 14 days within any 12-month period.

iv. Access. Access shall be from an approved drive approach. An on-site shake-off area is required to ensure that dirt and/or mud are not deposited onto the public street.

v. Attendants. An attendant shall be present during the duration of the event and until the last vehicle is removed from the site to guide drivers.

vi. San Joaquin Valley Air Pollution. The applicant shall contact the San Joaquin Valley Air Pollution District (District Regulation 8071) for its permitting procedures.

vii. Dust Mitigation. Dust mitigation may be required to ensure that the parking lot does not create a nuisance.

viii. Trash/Debris. All trash, debris, etc., shall be collected daily and the appearance of the site shall be returned to its original state.

ix. Temporary Lighting. Refer to Section 15-2508, Lighting and Glare.

b. Paved Temporary Parking Lots. Paved Temporary Parking Lots may be permitted for up to 36 months for non-permanent and unusual needs, such the accommodation of parking displaced by construction activity.

i. Parking Plan. An applicant shall submit a parking plan to the City for review and approval.

ii. Location. Paved Temporary Parking Lots shall not be permitted in RS Districts.

iii. Findings. The Review Authority shall not approve the Paved Temporary Parking Lot unless the following findings can be made:

(a) No other feasible option to accommodate the parking need exists: and

(b) The location of the temporary parking lot will not disrupt an important pedestrian environment, including but not limited to Downtown streets with an Activity Classification of A and sites within 500 feet of a Bus Rapid Transit station.

iv. Time Limits and Extensions. The Temporary Use Permit for a Paved Temporary Parking Lot shall be valid for up to 12 months at the discretion of the Review Authority. Extensions may be granted at the discretion of the Review Authority If granted, each extension shall be valid for a maximum period of 12 months. The combined period of the initial permit and all extensions shall not exceed 36 months.

v. The Owner of the temporary parking area shall execute an agreement in a form approved by the City Attorney holding the city harmless from all liabilities resulting from the allowance and utilization of reduced standards.

vi. Development Standards.

(a) The surfacing applied to the Paved Temporary Parking Lot shall consist of a minimum of two inches of asphalt concrete or three inches of road-mixed asphalt surfacing over native soil compacted in accordance with Standard Specifications of the City of Fresno. An alternative soil stabilizing agent may be applied and maintained, in lieu of asphalt concrete or road-mixed asphalt surfacing if approved in writing by the Public Works Director. If solid waste pick-up service is to be provided, the portion of the parking area utilized by the service vehicles shall be constructed with a minimum of three inches of asphalt concrete over six inches of aggregate base over compacted native soil.

(b) The area shall be paved to the back of sidewalk when sidewalk exists or is constructed. When no sidewalk exists, the area shall be paved only to the property line. Barriers shall be placed to prevent vehicles from encroaching into public right-of-way and to protect adjacent property.

(c) Pavement marking may be required at the discretion of the Review Authority if the area is of such size or shape that the pattern of parking is not obvious. The required site plan shall indicate the imaginary layout of parking stalls in all cases where actual striping is not proposed.

(d) In DT Districts, standards for parking access locations shall apply. In other districts, use of existing driveways will be acceptable, but the Review Authority may review and approve the design and location of driveway access to the streets and alleys and require that driveways be added or closed. Where driveway approaches are to be constructed, they shall meet Public Works standards.

(e) The site shall be graded to drain onto an adjacent paved street or paved alley.

(f) The Paved Temporary Parking Lot shall be Public Works standards for drive aisles dimensions, stall size, turning radii, lighting, and related matters shall apply.

(g) New street improvements such as curb, gutter, sidewalk and permanent street pavement shall not be required except when the Review Authority determines they are necessary for proper functioning of the lot. If required, such improvements shall meet Public Works standards.

(h) Street lights, on-site lighting, on-site trees, landscaping shall be permitted but not required.

(i) Development Code standards for buffering, setbacks, and related matters shall not apply.

vii. Use. The Paved Temporary Parking Lot must only be used for the parking of operable motor vehicles, and overnight parking or camping shall not be permitted. No other temporary or permanent use of the property will be allowed during the life of the temporary use permit for parking.

viii. Upon expiration of the permit and any applicable extensions, the paved Temporary Parking Lot shall cease operations and shall be demolished or upgraded to meet all applicable standards within 90 days.

ix. The Owner of the Paved Temporary Parking Lot shall execute an agreement in a form approved by the City Attorney holding the city harmless from all liabilities resulting from the allowance and utilization of reduced standards.

7. Other Temporary Uses. Other special events, outdoor sales, and displays that exceed three consecutive days but not more than 30 days in any 12-month period, may be allowed with the approval of a Zone Clearance so long as the use is related to the primary use on the site and it does not impact neighboring uses or otherwise create significant impacts.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2017-33, § 18, eff. 7-30-17).

A. Purpose. The purpose of this section is as follows:

1. To establish regulations for Smoke Shops, as defined in Section 15-6802 of this Code.

2. To amortize existing Smoke Shops and allow up to seven Smoke Shops per City Council District, unless otherwise provided pursuant to Subsection 15-2761(D)(4) hereinunder.

B. Applicability; Exemptions.

1. All Smoke Shops will be required to comply with this section.

a. New Smoke Shops. Any New Smoke Shop established after the effective date of this section shall obtain a Conditional Use Permit as provided herein and shall comply with all requirements of this section.

b. Existing Smoke Shops. All Existing Smoke Shops must comply with all the requirements of this section, including the amortization provisions.

c. Exemptions. This section does not apply to temporary uses issued a Temporary Use Permit for special events such as fairs or cultural festivals and established in compliance with all City laws and ordinances.

C. Legal Nonconforming Smoke Shops; Amortization.

1. Existing Smoke Shops, lawfully established pursuant to the Municipal Code prior to the effective date of this ordinance, must come into compliance with all operational requirements within 30 days of the Effective Date of this Ordinance. No Existing Smoke Shop may make a substantial change of mode or character of their operation. A substantial change of mode or character shall include, but not be limited to, structural changes which expand the sales area of Smoke and Vapor Products and related items by more than a cumulative 5% commencing from the effective date of the ordinance, or a period of closure for more than 30 days; transfers of ownership shall not be considered a substantial change of mode or character of operation.

2. Existing Smoke Shops may sell or transfer their existing Business License, but the new owner shall also be subject to all provisions of this Code applicable to Existing Smoke Shops.

3. Existing Smoke Shops may continue operation for 18 months from the effective date of this Ordinance (the "Amortization Period"), provided they comply with Subsection C.1. The Amortization Period shall be outlined by the City Manager, or designee, pursuant to Section I.1., below. Existing Smoke Shops which are not awarded a Conditional Use Permit, as required by Section D., below, may operate until the end of the Amortization Period. Once the Amortization Period has expired, the Existing Smoke Shop must immediately cease all operations in perpetuity.

a. Existing Smoke Shops that can demonstrate that 18 months is an insufficient amount of time to amortize their investment, must submit a request for reconsideration to the Director no later than 90 days prior to the expiration of the Amortization Period. The request for reconsideration shall be subject to the appeal provisions of Section 15-5017, Appeals. Each request for a longer term for amortization shall be considered on the basis of the submitted evidence and any extension provided shall be specific to the individual request. Factors to be considered by the Review Authority in determining if the time provided hereinabove is insufficient for the Existing Smoke Shop which requests reconsideration shall include:

i. The precise nature of the nonconforming use.

ii. The portion of the business that will be affected, on a pro rata basis.

iii. The total amount of the investment made for the business, including on the property and any improvements thereon, as well as the total investment for the pro rata portion of the business that sells Smoke and Vapor Products, including the present or depreciated value of any property owned.

iv. The expiration date and termination rights under leases related to the operation of an Existing Smoke Shop. Any new leases or lease extensions, amendments, or renewals entered into in close proximity to the passage of this Ordinance may be a basis for denial of the request for extension.

v. The ability of the business to recover its investment by changing the use of the property, and the amount of time and additional investment needed to do so.

vi. Any violations of Federal, State, or local law.

vii. Any other information the Smoke Shop Operator deems relevant for the City to consider.

viii. Any other information requested by the City to clarify the request for extension of the Amortization period.

D. Establishment of New Smoke Shops. Up to seven Smoke Shops may operate in each City Council District. New Smoke Shops shall be required to obtain a Conditional Use Permit pursuant to the requirements of Chapter 15, Article 53, Conditional Use Permits. New Smoke Shops and Existing Smoke Shops may apply for available Conditional Use Permits in any given District immediately following the effective date of this ordinance. Any Smoke Shop which receives a Conditional Use Permit shall be subject to all provisions of Chapter 15, Article 53, Conditional Use Permits, including the expiration provisions therein.

1. The City shall provide public notice of an available Conditional Use Permit any time one or more Smoke Shop vacancies become available in a District. Public Notice shall be provided in a newspaper of general circulation for a period of 10 consecutive days. Applicants shall have 60 days from the date of the notice to apply for any available Conditional Use Permit. City shall review timely-filed applications within 60 days of the close of the application period to ensure they meet all requirements set forth in this Ordinance. Should no applications be received within 60 days of publishing the notice, the City shall re-notice the availability following the above process. Councilmembers shall be provided with notice of any applications received for their respective District.

2. The City shall hold a lottery within 120 days of the close of the application period whenever the number of qualified applications exceeds the number of Conditional Use Permits available within a given Council District. The lottery shall be conducted in a manner determined by the City Manager, or designee, under the authority granted by Section I.1., below. A lottery selection does not confer any right to operate a Smoke Shop, only the right to file an application for a Conditional Use Permit. All other requirements of this Ordinance must be met for the issuance of a Conditional Use Permit.

3. At any time that one or more Smoke Shop vacancies become available in a District, the City shall grant a Conditional Use Permit for a New Smoke Shop following the above process.

4. City Council may increase the number of new Smoke Shops permitted in any given District upon passage of a Council resolution brought forward by the Councilmember of the District for which the limit increase is being requested. The Councilmember who brings forward the Resolution to Increase may do so at any time after the passage of this ordinance.

5. City Council may decrease the number of Smoke Shops permitted in any given District upon passage of a Council resolution brought forward by the Councilmember of the District for which the limit decrease is being requested. In no event shall the number of Smoke Shops permitted in any given District be reduced to below seven.

E. Business License Required. All Smoke Shops must obtain a Business License in accordance with Chapter 7 of the Fresno Municipal Code. Every Smoke Shop location must have an individual Business License. It shall not be permitted for multiple Smoke Shop locations to operate under the same Business License or Conditional Use Permit.

F. Location restrictions. The following location restrictions apply to all Smoke Shops, except Existing Smoke Shops not seeking a Conditional Use Permit to continue operations after expiration of the Amortization Period.

1. Near Sensitive Uses. The Smoke Shop shall not be located within 1,000 feet of the following:

a. A public park, playground, recreational area including a trail that is immediately adjacent to a public park, or youth facility, including a boys and girls club, nursery school, preschool, or day care facility;

b. A public or private State-licensed or accredited school; or

c. An alcohol or other drug abuse recovery or treatment facility.

2. Near Other Smoke Shops. The Smoke Shop shall not be located within 1,000 feet of another Smoke Shop. Smoke Shop Conditional Use Permits shall be granted first come first served, on the basis of the date the application is deemed complete and the provisions of Chapter 15, Article 53. Conditional Use Permits are met.

3. Concentration. Up to seven Smoke Shops may be permitted within each City Council District following the effective date of this Ordinance, except for Existing Smoke Shops during the Amortization Period.

G. Operational Requirements.

1. Landscaping.

a. New Buildings. Landscaping shall be provided per the underlying zone district's development standards, and applicable Conditions of Approval.

b. Existing Buildings. Perimeter landscaping and Parking Lot Shading standards shall be provided per the underlying zone district. The Review Authority, at their discretion, may make exceptions to the prescribed standards, however in no case shall the reduction result in a net reduction of 35% or greater in the amount of landscaping provided. Landscaping may also be aggregated to minimize the impact on existing parking areas.

2. Lighting. The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the Smoke Shop, shall be illuminated in accordance with the lighting requirements of the underlying zone district, and applicable Conditions of Approval.

3. Litter and Graffiti.

a. Trash and recycling receptacles shall be provided near public entrances to and exits from the building.

b. The Smoke Shop Operator shall provide for daily removal of trash, litter, and debris from the premises and on all sidewalks that abut the premises, including the Smoke Shop's parking areas.

c. The Smoke Shop Operator shall remove graffiti in accordance with the requirements of Section 9-2514 of the Fresno Municipal Code, including any amendments or successor ordinances thereto.

4. Vending Machines. Internal and external vending machines are prohibited.

a. No tobacco products or paraphernalia may be sold via vending machine or automatic sales dispenser on the premises of the Smoke Shop.

b. No food or beverage products may be sold via vending machine or automatic sales dispenser on the premises of the Smoke Shop.

5. Video Surveillance.

a. Smoke Shops must equip a fully functional color digital video camera system.

b. The system must continuously record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.

c. The system shall have the correct date and time stamped onto the image at all times.

d. The camera storage capacity should be for at least two weeks (14 calendar days). Such cameras must be capable of producing a retrievable and identifiable image that can be made a permanent record and that can be enlarged through projection or other means.

e. If utilizing a digital video recorder, it must be capable of storing at least 14 days of real-time activities.

f. The system shall be capable of producing a CD or digital playback feature. The Fresno Police Department may request such digital media in relation to a criminal investigation; in such case, the digital media shall be provided to an authorized representative of the Fresno Police Department, upon request, within 24 hours of the request.

g. The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as the customer waiting area.

h. There shall be a minimum of three cameras placed so as to record activities in the primary customer areas of the business; such cameras must, at minimum, provide surveillance for all entry and exit areas, customer parking, and the cash register. These cameras should be of sufficient quality to be able to identify persons and/or vehicles utilizing the business parking lot.

i. All interior cameras shall record in color.

j. All exterior cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism.

k. An inoperable system may be good cause for revocation of the Conditional Use Permit.

l. In the event of a security breach, vandalism, theft, or other offense, the Smoke Shop Operator must ensure preservation of the relevant security footage beyond the required two weeks in coordination with the Fresno Police Department.

6. Signage.

a. The provisions specified under Article 26, Signs, and this subsection shall apply. Where conflict may occur between the provisions of Article 26 and this subsection, the more restrictive provisions shall govern.

b. In addition to the requirements found in the California Cigarette and Tobacco Products Licensing Act of 2003 and all updated and related State and Federal Laws, including any amendments and successor statutes thereto including any State or Federal regulations, the following copy is required to be prominently posted in a readily visible manner on an interior wall or fixture and not on windows:

i. "California State Law Prohibits the Sale of Tobacco Products to Persons Under 21 Years of Age."

ii. "No Persons Under the Age of 21 May Enter These Premises."

iii. "No Loitering is Allowed On or In Front of These Premises."

iv. "No Smoking or Vaping Allowed on These Premises."

7. Glazing. At least 50% of any street facing facade must be glazed with a clear, non-tinted material.

a. No more than 5% of the square footage of each window that is visible to the public from a public thoroughfare, sidewalk, or parking lot of tobacco and vapor sales retail outlet shall bear advertising, signs, or other obstructions of any sort.

b. Doors must be free from signs regardless of door type or material.

c. The area covered by signs or advertising shall be measured using the border of such sign. and shall include all areas within a sign or advertisement that may not include writing, such as the clear area within neon signs.

d. Signage, advertising, or other obstructions inside or outside the Smoke Shop that are not physically attached to the windows or doors, but are visible from a public thoroughfare, sidewalk, or parking lot in the same manner as if they were physically attached is included in the 5% limitation.

e. Any signage required by law shall not count towards the 5% limitation, but shall nonetheless follow rules related to visual obstruction.

f. Advertising and signage on windows shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the business, including the area in which the cash registers are maintained, from exterior public sidewalks, parking lots, or entrance to the business.

g. Any Smoke Shop located within 1,000 feet of a sensitive use, as listed in Subsection F.1, shall not advertise tobacco or vapor sales in a manner visible from the outside of the Smoke Shop, such as from a public thoroughfare, sidewalk, or parking lot.

8. Loitering and Other Nuisance Activities.

a. The operation of a Smoke Shop shall not result in repeated nuisance activities on the property, which may include, but are not limited to, disturbances of the peace, illegal drug activity, public intoxication, drinking in public, Smoke and Vapor Product sales to minors, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or other violations of City, State, or federal laws, especially when contributing to a proportionally high rate of police reports and arrests to the area. Any violations of this section shall be considered an egregious violation of this ordinance and a public nuisance that is imminently dangerous to life, health, safety or adjacent property such that it requires immediate correction or elimination. Such a violation shall subject the Smoke Shop Operator to immediate suspension, pursuant to Section 10-609 of the Fresno Municipal Code, of their right to operate a Smoke Shop within the limits of the City. Suspension of a Smoke Shop Operator's right to operate a Smoke Shop shall continue for 30 calendar days or until the Smoke Shop Operator remediates the egregious violation, and receives written permission from the City Manager, or designee, to resume operation of the Smoke Shop after inspection of the premises to confirm remediation of the egregious violation. Should an egregious violation not be remedied, or a second violation of this section occurs after resumption of operations, the Director may begin proceedings to revoke the Smoke Shop's Conditional Use Permit pursuant to Fresno Municipal Code Section 15-5016. This section shall not apply to Smoke Shop Operators where offenses are the result of third-party conduct beyond the Smoke Shop Operators' control.

b. The Smoke Shop Operator shall post the property with the appropriate Fresno Municipal Code signs advising that consumption of alcoholic beverages, gambling, trespassing, or loitering on private property is a violation of municipal ordinances. The Smoke Shop Operator must send a letter to the Fresno Police Department, signed and dated by the applicant, every 12 months that authorizes Fresno Police Department peace officers to enter the Smoke Shop premises and remove trespassers when the business is closed to the public, in accordance with Section 602(o) of the California Penal Code, including any amendments or successor statutes thereto. The owners and employees are responsible for abating nuisance activities when they occur during business hours.

9. Training.

a. Initial Training. The Smoke Shop Operator and all employees of the Smoke Shop who are involved in the sale of Smoke and Vapor Products must complete approved course(s) in training of Smoke and Vapor Product sales and handling within 60 days after approval of the Conditional Use Permit becomes final, or for employees hired after the approval of the Conditional Use Permit, within 60 days from the date of hire. Existing Smoke Shop Operators and employees shall have 60 days from the effective date of this ordinance to come into compliance with the training requirement, and thereafter new owners and employees shall obtain the necessary training within 60 days of the date of hire or from the date of ownership. To satisfy this requirement, a certified program must meet the standards of the California Department of Public Health on the Stop Tobacco Access to Kids Enforcement (STAKE) Act or other certifying or licensing body designated by the State of California. If the Smoke Shop Operator is a legal entity, the manager or executive responsible for the Smoke Shop shall obtain the requisite training.

b. Annual Training. The Smoke Shop Operator and all employees shall also be required to complete annual trainings which comply with State standards, including changes to tobacco sales laws and regulations. Smoke Shops shall be required to keep up-to-date records which prove that all individuals listed above have completed the requisite annual trainings and shall furnish these records to the City during inspections and upon a reasonable request from the City.

10. Compliance with Laws. The Smoke Shop must remain in compliance with all local, State, and federal laws, regulations, and orders, as well as all conditions of approval imposed on the use. This includes compliance with annual City business license fees. In the event of non-compliance, the Smoke Shop Operator shall be given written notice by the City and an opportunity to cure. Article 63 of Chapter 15, regarding Enforcement of the Citywide Development Code shall also apply in relation to compliance issues, in addition to the annual inspection requirements listed within Section G.14.e, below.

11. Posting of Conditions. A copy of all conditions of approval and training requirements shall either be posted in a conspicuous and unobstructed place near the entrance, cashier counter, or customer service area of the Smoke Shop or posted in an employee area and provided upon request (e.g., via flyer or brochure) to patrons and enforcement officials.

12. Prohibited Products. The sale or distribution of one or more of the following is prohibited.

a. Cannabis or Cannabinoid products. Sale of this product shall immediately subject the Smoke Shop to Conditional Use Permit revocation proceedings pursuant to Fresno Municipal Code Section 15-5016.

b. Drug paraphernalia not directly related to legal Smoke and Vapor Products.

c. Nitrous oxide.

d. Flavored tobacco. Sale of this product shall immediately subject the Smoke Shop to Conditional Use Permit revocation proceedings pursuant to Fresno Municipal Code Section 15-5016. Should flavored tobacco products be found during an inspection of the Smoke Shop, the Fresno Police Department or the City's Code Enforcement may seize and destroy said products.

e. A maximum of 25% of the floor area of the premises may display Smoking Paraphernalia for sale or viewing.

f. Other products prohibited by law.

g. Onsite or online gambling activities not related to the California Lottery.

13. Hours of Operation. All Smoke Shops must operate within the maximum hours of operation. A Smoke Shop may operate for fewer hours than provided herein but in no case shall the operations extend beyond the hours listed:

TABLE 15-2761-G: SMOKE SHOP HOURS

14. Non-Operating Rule. Whenever all of the rights granted by a Conditional Use Permit are discontinued, the following rules to reestablish the use shall apply:

a. One Year or Less. The same Smoke Shop Operator or a different Smoke Shop Operator may reestablish the use pursuant to the preexisting Conditional Use Permit and all conditions applicable thereto.

b. More Than One Year. A new permit is required.

15. Additional Requirements.

a. Security Plan required. Smoke Shop Operators/Applicants shall submit a security plan consistent with Fresno Police Department policy on sale of age-restricted materials. Prior to the approval of the Conditional Use Permit, the Applicant shall prepare and submit for review by the Fresno Police Department District Commander, a security plan for approval. Approval of the security plan by the District commander or their designee shall not be unreasonably denied. The contents of the Security Plan shall be incorporated as conditions of approval to the Conditional Use Permit. As a part of the annual inspection process, the Security Plan shall be resubmitted for approval by the District Commander.

b. The Director may require the Smoke Shop Operator/Applicant to submit additional information, of such type and in such form as the Director may specify, as the Director may deem relevant to the application, including, but not limited to, an operational statement, floor plans, architectural renderings, and technical studies, as appropriate.

c. The Director may refer the application to other City departments to determine whether the Smoke Shop's location will comply with building, health, zoning, and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and other laws they administer, and may subsequently prepare reports summarizing their inspections and recommend whether to approve or deny the application based on their inspections.

d. Additional and/or security measures such as reduced hours of operation, security guards, door monitors, and burglar alarm systems may be required if harm, nuisance, or related problems are demonstrated to occur as a result of business practices or operations. This will be determined on a case-by-case basis upon review by the Police Department.

e. Smoke Shops shall be subject to routine unannounced inspections at least annually, to ensure compliance with this section and any additional conditions of the Conditional Use Permit. The Smoke Shop Operator shall reimburse the City for the cost of such inspection(s) pursuant to the City's Master Fee Schedule. If an annual inspection results in a finding that a Smoke Shop Operator is not in compliance with this section or the specific conditions of the Conditional Use Permit, that finding may be used as a basis for amending or revoking the Conditional Use Permit, pursuant to Article 50 of Chapter 15 of the Fresno Municipal Code.

i. If a Smoke Shop is determined to be out of compliance with its Conditions of Approval, the person or entity acting as the Smoke Shop Operator may be subject to administrative fines as set by City Council resolution. The fine structure shall consist of progressively higher fines for violations occurring within 24 months of a prior violation, and upon the fourth violation being upheld within a three-year period of the first violation, the Conditional Use Permit for the business shall be subject to revocation. These fines shall be levied in accordance with the Master Fee Schedule.

ii. If an Existing Smoke Shop is purchased by a unassociated and unrelated new Smoke Shop Operator seeking to continue operation of the Smoke Shop, and the new Smoke Shop Operator is not subject to administrative fines as set forth above at any other Smoke Shop in the City, the City Manager, with concurrence of the City Attorney, may waive any administrative fines imposed upon the Existing Smoke Shop upon transfer to the new Smoke Shop Operator and upon proof that the new Smoke Shop Operator has cured all previous violations to the satisfaction of the City Manager.

H. Violations of this Section.

1. Violation of these standards at any time may result in the amendment or revocation of a Conditional Use Permit.

2. Fines may be imposed upon business owner and/or Conditional Use Permit holder, in accordance with Sections 1-305 and 1-308 of this Code. Fines pursuant to Section 1-305 shall be imposed in accordance with the Master Fee Schedule, except as follows:

TABLE 15-2761-H: FINES FOR VIOLATIONS

3. The City may seek recovery of its costs of enforcement and abatement pursuant to Article 5 (Cost and Penalty Recovery) of Chapter 1 (General Provisions) of this Code. Both the property owner and the Smoke Shop Operator shall be liable to the City for recovery costs as specified under Section 1-504.

4. Remedies shall not be exclusive of each other, and may also include any remedy available to the City at law or equity.

5. Any violation of this section is deemed a public nuisance and may be abated.

I. Promulgation of Regulations, Standards and Other Legal Duties.

1. In addition to any regulations adopted by the City Council, the City Manager or designee is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of Smoke Shop Conditional Use Permits and Business Licenses, the ongoing operation of Smoke Shops and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this ordinance.

2. Regulations shall be published on the City's website.

3. Regulations promulgated by the City Manager shall become effective upon date of publication.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-011, § 1, eff. 6-5-25).

Editor's note— Ord. 2025-011, § 1, adopted April 24, 2025, and effective June 5, 2025, amended the title of § 15-2761 to read as herein set out. The former § 15-2761 title pertained to tobacco and vapor sales.

Transitional and supportive housing, as defined in the Government Code (Sections 50675.2 and 50675.14) constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district.

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

In Single-Unit Residential Districts, one public utility meter per parcel may be permitted, with the exception of an additional meter for a Second Dwelling Unit, or to permit an electric vehicle charging station as may be permitted per the California Public Utilities Commission.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2025-024, § 68, eff. 7-27-25).

A. Location. Unattended Donation Bins (UDBs) are allowed in Commercial Districts only. Bins must be located in the following manner:

1. Outside of the public right-of-way.

2. In compliance with all setbacks and visibility triangle requirements (Section 15-2018).

3. Outside of required parking spaces.

4. To the side or rear of buildings, unless the operating organization is also the primary use on the site.

5. In a location that does not impede circulation.

B. Business License. Operators must obtain a Business License from the City of Fresno Business Tax Division.

C. Property Owner's Permission. A written letter from the property owner or their representative certifying their consent for the bin to be located on the property, must be filed with the Planning Division prior to the placement of the bin on the site.

D. Required Display of Information. All donation bins must display, in a clear and easy-to-read manner, the following information:

1. Contact information, including the name, address, email, telephone number, and website, for the person or organization responsible for maintaining the bin.

2. Business license number.

3. Contact information for the parent company, if applicable.

4. A statement indicating what materials are accepted and how the donated goods will be used, sold, dispersed, etc.

5. A statement indicating that donated items must fit in the bin and that dumping is prohibited.

6. A statement indicating how someone may report a problem associated with the bin.

E. Maintenance. Bins shall be kept in good repair and the surrounding site shall be kept free of litter and debris. Overflow of materials and graffiti must be removed within 48 hours.

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

Tow Yards, Transit Storage, and Freight Storage may be permitted subject to the following standards:

A. Existing Facilities. Existing facilities established prior to January 24, 2006 may continue to operate subject to the following conditions:

1. Compliance with all Conditions of Project Approval per the pertinent entitlement.

2. If an entitlement was not required per zoning regulations, the applicant shall provide evidence, satisfactory to the Director, that the facility:

a. Was established prior to January 24, 2006 and that the use has been in continuous use;

b. The site has had a valid business license since January 24, 2006; and

c. The site does not have any outstanding items from Code Enforcement.

B. New Facilities.

1. Minimum Lot Size. 6,000 square feet.

2. Location. There shall be a minimum separation of 200 feet from property planned or zoned for:

a. Residential Uses;

b. Office Uses; or

c. A freeway, unless the freeway is depressed a minimum 10 feet from the natural grade of the subject site and there is a six-foot masonry screen wall.

3. Landscaping and Screening.

a. There shall be a minimum 10-foot landscape area along all streets, unless a greater setback is required in this Code or operative plan.

b. A Screening Wall, per Section 15-2008-C, of seven feet in height shall be provided along all property lines. Said wall shall be located at the rear of required landscaping along streets, including freeways. Screen Walls, when located on a local industrial street or between industrial uses, may be a material other than masonry, subject to review and approval by the Director. However, alternative Screen Walls, including gates, shall not be transparent.

c. Graffiti along perimeter Screen Walls shall be removed within 48 hours.

d. Additional screening and landscaping, as determined by the Director may be required where necessary to prevent visual impacts on adjacent properties.

4. Lighting. Refer to Section 15-2015, Outdoor Lighting and Illumination.

5. Parking. Refer to Article 24, Parking and Loading.

6. Paving. All storage areas shall be paved per Public Works Standards for Parking Lots.

7. Operational Requirements.

a. There shall be no loading/unloading of vehicles in the public right-of-way or within customer parking areas.

b. Vehicles and/or materials may only be stored within designated areas per the approved entitlement.

c. There shall be no dismantling of motor vehicles.

d. All auto repairs shall occur within an enclosed building.

e. Any property stored on-site, other than motor vehicles, is limited to personal property found inside the impounded vehicle.

8. Retail Sales.

a. Shall be limited to lien sales of vehicles and/or personal property not claimed by the owner. A statement shall be submitted by the applicant outlining how sales will be conducted.

b. Vehicles for sale shall not be displayed outside of the display area as designated by the approved permit

c. There shall be no test driving of vehicles into adjacent or nearby residential neighborhoods.

9. Infrastructure Requirements.

a. Off-site improvements may be required by the City.

b. The facility shall be served by a public sewer system. Private septic sewer systems are prohibited.

c. Adequate facilities and infrastructure shall be provided for fire protection as determined by the City.

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

Walk-Up Facilities, such as food service windows and Automatic Teller Machines (ATMs), shall comply with the following regulations.

A. Regulations Applying to All Walk-Up Facilities.

1. Location Requirements.

a. Set back from an adjacent street curb by a minimum of eight feet;

b. Located not to eliminate or substantially reduce any landscaped areas; and

c. Located not to result in undue traffic congestion.

2. Architectural Design. Construction and modifications to the exterior of structures shall be completed in a manner consistent with the architectural design of the surrounding setting. If there is no uniform design, the facility shall incorporate common elements and materials found in the surrounding setting.

3. Trash Disposal. Trash and recycling receptacles shall be provided in proximity to the service.

4. Weather Protection. An awning, portico, or other form of weather protection must be provided for the transaction area and for a reasonable amount of space where customers may wait or queue.

B. Automatic Teller Machines (ATMs).

1. Location. In addition to the requirements set forth under Subparagraph A.1. above, ATMs must be located a minimum of 30 feet from any property line corner at a street intersection;

2. Lighting. Each ATM shall be provided with lighting in compliance with State law.

3. Drive-Up ATMs. ATMs that are located outside, but are designed to be accessed by a vehicle must comply with Section 15-2728, Drive-In and Drive-Through Facilities.

4. Video Surveillance. Each ATM that is not directly supervised by an on-site employee or manager shall equip a rear-view mirror and a camera that can record activity for surveillance purposes. The camera shall record in color and have automatic low light switching capabilities to black and white.

C. Food Service Windows. The operator must ensure cleanliness of the site and an unimpeded flow of traffic in the public right-of-way. Service of alcoholic beverages is prohibited.

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

Public Utility water wells, and related equipment, such as water treatment facilities shall be subject to the following standards:

A. Major Streets. Equipment may not be within 100 feet of Major Streets in Mixed-Use or Commercial Districts. Properties developed with retention and/or recharge basins and State highways are excepted.

B. Screening. Sites shall be enclosed by Screening Walls per Section 15-2008-C. Screen walls shall be located at the rear of landscaping areas along front yards, and on the property line alongside and rear yards, unless stricter requirements are required in this Code or operative plan.

C. Separation. Equipment shall be separated a minimum 10 feet from Residential Districts and shall be adequately screened with trees.

D. Property Development Standards. Development shall comply with the standards of the underlying District, unless stricter requirements are required in this Code or operative plan.

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

Wrecking Yards may be permitted subject to the following standards:

A. Existing Facilities. Existing facilities established prior to January 24, 2006 may continue to operate subject to the following conditions:

1. Compliance with all Conditions of Project Approval per the pertinent entitlement.

2. If an entitlement was not required per zoning regulations, the applicant shall provide evidence, satisfactory to the Director, that the facility:

a. Was established prior to January 24, 2006 and that the use has been in continuous use;

b. The site has had a valid business license since January 24, 2006; and

c. The site does not have any outstanding items from Code Enforcement.

B. New Facilities.

1. Minimum Lot Size. Five acres.

2. Location. There shall be a minimum setback of 300 feet from property planned or zoned for:

a. Residential Uses;

b. Office Uses;

c. An integrated commercial shopping center;

d. Passenger rail; or

e. A freeway, unless the freeway is depressed a minimum 10 feet from the natural grade of the subject site and there is a six-foot masonry screen wall.

3. Landscaping and Screening.

a. There shall be a minimum 10 foot landscape area along all streets, unless a greater setback is required in this Code or operative plan.

b. A Screening Wall, per Section 15-2008-C of seven feet in height shall be provided along all property lines. The Screen Wall shall be located at the rear of required landscaping along streets, including freeways, if applicable.

c. Graffiti along perimeter Screen Walls shall be removed within 48 hours.

d. Additional screening and landscaping, as determined by the Director may be required where necessary to prevent visual impacts on adjacent properties.

4. Lighting. Refer to Section 15-2015, Outdoor Lighting and Illumination.

5. Parking. Refer to Article 24, Parking and Loading.

6. Paving. All storage and production areas shall be paved per:

a. Public Works Standards for Parking Lots, or

b. The surfacing shall consist of a minimum of two inches of asphalt concrete or three inches of road-mixed asphalt surfacing over native soil compacted in accordance with Public Works Standards. An alternative soil stabilizing agent may be applied and maintained, in lieu of asphalt concrete or road-mixed asphalt surfacing if approved in writing by the Public Works Director.

7. Operational Requirements.

a. There shall be no loading/unloading of vehicles in the public right-of-way or within customer parking areas.

b. Vehicles and/or materials may only be stored within designated areas.

c. Stacked vehicles, or material, such as tires, shall not exceed 10 feet in height.

d. Tires must be stored in a manner that does not facilitate the breeding of mosquitoes.

e. Machinery and equipment shall not exceed 25 feet in height. Any equipment greater than 10 feet in height shall be setback a minimum of 200 from all property lines.

f. Crushing operations shall not occur on Sundays or California Holidays.

g. No automobile repair or installation of parts shall occur on the site.

h. The main yard entrance gate shall remain closed when not in operation. The main gate shall not allow visibility into the site.

i. Operations shall comply with all applicable Environmental Protection Agency regulations.

8. Infrastructure Requirements.

a. Off-site improvements may be required by the City.

b. The facility shall be served by a public sewer system. Private septic sewer systems are prohibited.

c. Adequate facilities and infrastructure shall be provided for fire protection as determined by the City.

9. Hazardous Materials Plan. Prior to operating, the owner or operator shall submit a Hazardous Materials Plan to the Planning Department. The Plan shall explain the processing and storage procedures of potentially hazardous materials such as oil, antifreeze, gas, wiper fluid, and used tires.

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