Data centers are not expressly listed in the use tables. An unlisted use is prohibited unless the Director determines it is equivalent to an allowed use, will not create greater impacts, is consistent with the applicable zone and General Plan, and is not listed as an allowed use in another zone.

A data center must be allowed in the applicable zone, comply with development standards and permit conditions, and obtain all required land-use, building, grading, construction, business, and other governmental permits before construction or operation.

Building, altering, moving, or reconstructing a data-center structure requires a permit before work begins, and the structure cannot be occupied or used until a Certificate of Occupancy and any required use license are obtained.

Commercial and industrial data-center projects require Site Plan Review before construction or establishment of a new use, with detailed plans for access, parking, loading, landscaping, lighting, utilities, structures, signs, walls, and fences.

If a data center requires a Conditional Use Permit, Director’s Review and Approval, or another discretionary approval, construction and permit issuance must wait until that approval is final.

A Conditional Use Permit requires Planning Commission review and a public hearing, must satisfy specified findings, and may include operational and development conditions; it may be denied for inadequate site conditions, parking, loading, landscaping, streets, nearby-property compatibility, or General Plan consistency.

Projects requiring Director’s Review and Approval require notice to property owners within 300 feet, who have 15 days to submit written comments. The Director may refer projects of significant consequence or potential controversy to the Planning Commission.

Determining whether an unlisted data-center use is allowed requires a written request, supporting information, and payment of the applicable fee, with an interpretation addressing General Plan and specific-plan consistency.

Applications are not processed until all required fees and deposits are paid. Fees are cumulative when multiple approvals are required, and denied projects generally receive no refund.

Data-center projects must be consistent with the Fresno County General Plan and any applicable specific plan, including applicable land-use designations, goals, policies, programs, and maps.

Development proposals must undergo CEQA or NEPA review and comply with applicable County environmental requirements, including requirements concerning air quality, biological and botanical resources, archaeological resources, geologic hazards, mineral resources, riparian habitat, and traffic.

Regulated air-pollution sources must obtain a San Joaquin Valley Air Pollution Control District operating permit, provide a copy to the County within 30 days after approval, and comply with District dust-control rules. Generators rated at 50 horsepower or more require prior District approval.

Projects in areas with normally unacceptable or higher noise levels, or projects likely to create excessive noise at noise-sensitive uses, require an acoustical analysis and mitigation.

Exterior lighting must be downward-directed, shielded, confined to the site, non-flashing, and within specified illumination and glare limits; security lighting is required at entrances and exits.

Data-center structures must comply with applicable easement restrictions, setbacks, parcel-coverage, height, spacing, access, landscaping, parking, loading, and other zone-specific development standards.

Industrial data centers must provide off-street parking at two spaces per 25,000 square feet of floor area plus one space per 1,000 square feet thereafter, with additional spaces for permanent salespersons and facility vehicles.

Commercial, industrial, and warehousing projects must provide loading spaces based on gross floor area. Industrial uses require one space at 3,500–40,000 square feet, increasing to five spaces above 160,000 square feet; each space must be at least 12 feet wide, 40 feet long, and have 14 feet of vertical clearance.

Commercial and industrial projects must provide Director-approved refuse and recyclable-material enclosures with concrete pads, screening, unobstructed collection access, and at least 20 feet of separation from doors or operable windows of adjacent structures.

Site Plan Review may require dedication of right-of-way and installation or funding of street, drainage, sidewalk, utility, lighting, and related improvements, generally limited to 30 feet from the ultimate right-of-way line unless otherwise provided by County law.

Before a Building Permit is issued, required on-site and off-site improvements must be completed or secured by an agreement and financial security equal to 100 percent of estimated completion costs. Completion is generally required within 180 days, with one possible additional 180-day extension.

After a zone change or zoning-regulation change is initiated, permits and approvals must meet the existing or proposed zoning standards, whichever is more restrictive.

Most listed permits and approvals expire unless exercised within two years. They also expire if construction stops for at least two years or authorized occupancy or use ceases for more than two years.

Extensions must be requested before expiration, require a fee and evidence that delays were beyond the applicant’s control, and are limited to four 12-month extensions for Conditional Use Permits and two 12-month extensions for Director’s Reviews, Site Plan Reviews, Variances, and Reasonable Accommodations. No Building Permit may be issued while an extension request is pending.

Projects approved through a Conditional Use Permit, Director’s Review, Site Plan Review, or another listed discretionary process must substantially comply with approved plans and conditions. Changes require approval before implementation, and major changes require a new application or modification by the original review authority.

An appeal generally must be filed within 15 days and suspends proceedings, including issuance of Building or Grading Permits, until the appeal is finally decided.

A nonconforming data-center use generally cannot be expanded or extended into additional portions of a structure, and a nonconforming structure cannot be enlarged unless the resulting structure and use conform to the zone. A limited exception allows a minor addition of no more than 15 percent of existing floor area.

A nonconforming structure that is vacant for more than 12 continuous months may thereafter be occupied only by a use conforming to applicable zoning regulations.

Zoning violations can result in misdemeanor liability, a fine of up to $500, imprisonment for up to 180 days, or both; each day or part of a day that a violation continues is a separate offense.

The County may order a zoning violation abated, require correction within no more than 30 days, and recover abatement costs. Unpaid costs may become a special assessment and lien on the property.

Unlisted uses may be approved by the Director when they are equivalent to an allowed use, do not create greater impacts, meet the zone’s purpose, comply with the General Plan, and are not listed as allowable in another zone.

Communication equipment structures and buildings are allowed by right in the C-M, M-1, and M-2 industrial zones, providing a zoning pathway for related communications infrastructure.

Warehousing and wholesaling are allowed by right in industrial zones for facilities up to 10,000 square feet; larger facilities require Director’s Review and Approval rather than a Conditional Use Permit.

Public utility facilities are allowed by right in the C-M, M-1, and M-2 industrial zones and through Director’s Review and Approval in the M-3 zone.

Industrial zones generally have no minimum parcel area. The C-M and M-1 zones allow structures up to 75 feet high, while the M-2 and M-3 zones have no general maximum height listed except for advertising structures.

Development agreements or specific plans may control over conflicting zoning standards, allowing project-specific standards to prevail.

Applicants for projects requiring multiple approvals may generally file all related applications concurrently, although Site Plan Reviews are excluded from this rule.

In applicable commercial and industrial districts, Site Plan Review provides an administrative approval pathway for detailed site and building plans, and the Director must act within 50 days after determining the application is complete.

A Building Permit may be issued before required on-site and off-site improvements are complete if the applicant agrees to complete them within 180 days, provides security equal to 100 percent of the estimated completion cost, and receives any allowed additional 180-day extension for good cause.

Most permits and approvals may be exercised within two years, with extensions available for delays beyond the applicant’s control. The listed maximums include four 12-month extensions for Conditional Use Permits and two 12-month extensions for Site Plan Reviews, Director’s Reviews, Variances, and Reasonable Accommodations. Maximum Time Extensions Allowed

The Director may grant a single additional two-year extension when a project has achieved an acceptable level of substantial development, including qualifying physical development or documented preparatory expenditures. single two-year time extension

Minor changes to an approved site plan, architecture, or use may be authorized by the Director without a new major approval when they remain ordinance-compliant, substantially conform to the original approval, and do not affect features relied on for environmental findings, conditions, or a specific review decision. minor changes as authorized by the Director

An optional development agreement can preserve the policies, regulations, and rules governing allowed uses, density, design, improvements, and construction standards that were in force when the agreement was executed. rules in force at the time of execution

Minor Deviations may reduce required parking and loading by up to 15 percent, reduce setbacks by up to 15 percent, increase allowable parcel coverage by up to 10 percent, and increase maximum structure height by up to 10 percent. They require the ordinance’s special-circumstances findings and cannot change allowable land uses. Types of Minor Deviations Allowed

A Variance may adjust any zoning requirement other than procedural requirements when the required findings are met, including exceptional property circumstances, preservation of a substantial property right, no material detriment, and General Plan consistency. may grant an adjustment from any of the requirements

Completed applications are processed under the rules in effect when accepted as complete, so later zoning amendments generally do not change the applicable regulations for a pending project.

Approved projects not yet under construction may still be built as approved if construction is diligently pursued before the applicable permit or extension expires.

Approved uses that do not involve construction may still be established as approved if established before the applicable permit or extension expires.

Structures already under construction do not have to be changed to meet new requirements when the Zoning Ordinance or an amendment takes effect.

Lawfully established existing uses are not subject retroactively to new zoning requirements, and legally established nonconforming uses may continue under the County’s nonconformity rules.

Lawfully established nonconforming structures may be maintained and repaired, and a minor addition or enlargement of up to 15 percent of the existing floor area may be approved through Director’s Review, subject to the ordinance’s conditions. may be allowed

A nonconforming structure involuntarily damaged by fire, explosion, an act of God, or an act of the enemy may be reconstructed, repaired, or rebuilt when reconstruction costs do not exceed 50 percent of its reasonable replacement value immediately before the damage. reconstruction, repair, or rebuilding