Chapter 9.04
LAND USE PERMIT REQUIREMENTS
Sections:
9.04.020 Requirements for development and new land uses.
9.04.030 Exemptions from land use permit requirements.
9.04.050 Additional permits or approvals may be required.
9.04.010 Purpose of chapter.
This chapter describes the general requirements of this Development Code for the approval of proposed development and new land use activities by the City. Land use requirements for specific land uses are established by Divisions 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), 3 (Development and Operational Standards), and 4 (Standards for Specific Land Uses) of this title. Land use and development approval and administrative provisions are established by Divisions 5 (Land Use/Development Review Procedures) and 6 (Development Code Administration) of this title. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.04.020 Requirements for development and new land uses.
No use of land or structures shall be allowed, altered, constructed, established, expanded, reconstructed, or replaced unless the use of land or structures complies with the following requirements:
A. Allowable use. The land use shall be identified by Chapter 10 (Residential Zoning Districts), 12 (Commercial Zoning Districts), 14 (Industrial Zoning Districts), 16 (Special Purpose Zoning Districts), or 18 (Overlay/Combining Zoning Districts) of this title as being allowable in the zoning district applied to the site.
B. Permit requirements. Land use permits required by this Development Code shall be obtained before the proposed use is constructed, otherwise established, or put into operation, unless the proposed use is listed in Section 9.04.030 (Exemptions from land use permit requirements).
C. Development standards. Uses and/or structures shall comply with the applicable development standards of this Development Code, including Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and the provisions of Divisions 3 (Development and Operational Standards) and 4 (Standards for Specific Land Uses) of this title, and other City standards and policies related to the use and development of land.
D. Conditions of approval. Uses and/or structures shall comply with all conditions imposed by a previously granted land use permit. Failure to comply with imposed conditions shall be grounds for revocation of the subject permit in compliance with Section 9.92.060 (Revocation and modifications).
E. Development agreements. Uses and/or structures shall comply with an applicable development agreement approved by the City in compliance with Chapter 70 of this title (Development Agreements) or by Fresno County before City incorporation or annexation, even if in conflict with this Development Code.
F. Other development policies. The City may adopt policies separate from this Development Code that may affect the use and development of land. All applicable policies, standards, and procedures related to land development shall apply when appropriate as determined by the applicable review authority.
G. Neighborhood meeting noticing. The applicant/developer of a General Plan amendment application, or where a project necessitates public outreach, shall be required to hold a neighborhood meeting prior to the Planning Commission hearing and a second neighborhood meeting prior to the City Council hearing. The preparation, notification and execution of these neighborhood meetings are the responsibility of the applicant/developer. The meeting notices shall be mailed to real property owners within an eight hundred (800) foot radius of the proposed project site. The list of notified property owners shall be generated utilizing the latest County Assessor’s records. The notice shall follow the guidelines outlined in the Neighborhood Meeting Noticing Standards provided by Planning and Development Services. The applicant/developer shall utilize a noticing template provided by the Planning Division for all neighborhood meetings.
The neighborhood meeting notice shall be reviewed and approved by Planning and Development Services staff prior to the mailing of notice to area property owners. Neighborhood meeting notices associated with General Plan amendments within the Dry Creek Preserve Master Plan area shall include the notification of all property owners within the Dry Creek Preserve area. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)
9.04.030 Exemptions from land use permit requirements.
The land use permit requirements of this Development Code do not apply to the activities, uses of land, and/or structures identified by this section.
A. General requirements for exemption. The activities, uses of land, and/or structures identified by subsection B of this section are exempt from the land use permit requirements of this Development Code only when:
1. Compliance with applicable provisions. The activity or use is established and operated in compliance with applicable development standards of Divisions 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), 3 (Development and Operational Standards), and 4 (Standards for Specific Land Uses) of this title; and
2. Other applicable permits. Permits or approvals required by regulations other than this Development Code are obtained in compliance with Section 9.04.050 (Additional permits and approvals may be required).
B. Exempt activities and uses. The following activities, uses of land, and/or structures are exempt from the land use permit requirements of this Development Code when in compliance with subsection A of this section.
1. Decks, paths, and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit and are not over eighteen inches (18") above natural grade and which do not exceed the lot coverage standard for the district.
2. Fences and walls: residential zoning districts. Fences and walls in the residential zoning districts are exempt from land use permit requirements as follows:
a. Interior lots: Fences and walls up to three feet (3') in height when located within the required front yard, or up to six feet (6') in height when located outside the required front yard; and
b. Corner lots: Fences and walls up to three feet (3') in height when located within the required front yard, street side yard on a reverse corner lot, and within a traffic safety visibility area, as defined by the City Engineer. Fences and walls up to six feet (6') in height when located outside the required front yard and traffic safety visibility areas.
3. Governmental activities. Any land use activities conducted by the City, and where preempted by applicable law, any land use activities conducted by the State or an agency of the State, or the Federal government on land owned or leased by that governmental agency. Local special districts, including school districts, are not exempt from the land use permit requirements of this Development Code unless a specific statutory exemption exists.
4. Interior remodeling. Nonstructural interior alterations that do not increase the number of rooms or the gross floor area within the structure, or a change in the allowed use of the structure.
5. Repairs and maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure, and if exterior repairs employ the same materials and design as the original. For nonconforming structures, the ordinary repairs and maintenance shall be in compliance with Chapter 84 of this title (Nonconforming Uses, Structures, and Parcels).
6. Small residential accessory structures. Portable storage sheds and other small structures (e.g., fabric structures) in residential zoning districts that are exempt from building permit requirements and are less than one hundred twenty (120) square feet in gross floor area. These facilities shall comply with the front, side, and rear setback requirements (e.g., five-foot (5') clearance path of travel around the main residence) established by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) for the applicable zoning district, and Section 9.40.030 (Accessory uses and structures), where applicable.
7. Outdoor play equipment. Outdoor play equipment (e.g., bridges, climbing towers, slides, swings, and similar elements) less than eight feet (8') in height and a footprint of less than one hundred twenty (120) square feet. These facilities shall comply with the front, side, and rear setback requirements (e.g., five-foot (5') clearance path of travel around the main residence) established by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) for the applicable zoning district, and Section 9.40.030 (Accessory uses and structures), where applicable.
8. Spas, hot tubs, and fish ponds. Portable spas, hot tubs, decorative ponds, and fish ponds, etc., that do not exceed: one hundred twenty (120) square feet in total area, including related equipment; contain more than two thousand (2,000) gallons of water; and exceed eighteen inches (18") in depth. These facilities shall comply with the front, side, and rear setback requirements (e.g., five-foot (5') clearance path of travel around the main residence) established by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) for the applicable zoning district, and Section 9.40.030 (Accessory uses and structures), where applicable.
9. Utilities. The alteration, construction, erection, or maintenance by a public utility or public agency of underground or overhead utilities (e.g., electric, gas, supply or disposal systems, telecommunication, water, including cables, conduits, drains, fire alarm boxes, hydrants, mains, pipes, police call boxes, sewers, traffic signals, wires, etc.), but not including structures, shall be allowed in any zoning district. Satellite and cellular telephone antennas are subject to Chapter 42 of this title (Wireless Telecommunication Facilities).
10. Walls, retaining walls. Walls less than four feet (4') in height located in compliance with subsection (B)(2) of this section, and retaining walls (retaining earth only) that result in grade changes of thirty inches (30") or less and are not required to have a building permit. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.04.040 Temporary uses.
Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are identified in Chapter 60 of this title (Temporary Use Permits). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.04.050 Additional permits or approvals may be required.
A. Other permits required. An allowed land use that is exempt from a land use permit, or has been granted a land use permit, may still be required to obtain other permits before the use is constructed or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by:
1. Other City permits. Other provisions of the Municipal Code, including but not limited to: building permits, grading permits, other construction permits, entertainment permits, or a business license; or
2. Other governmental permits. Fresno County, a special district, or any regional, State, or Federal agency.
B. Timing of other permits. All necessary permits shall be obtained before starting work or establishing a new use. (§ 2, Ord. 14-13, eff. October 8, 2014)