Fresno's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In Fresno, California, there are 9 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Carport Rules

Carports allowed as accessory structures in residential zones per Fresno Municipal Code (FMC) Title 15 (Citywide Development Code). Must meet setbacks for primary structure in most zones; attached carports follow garage standards. Building permit required.

Key details: Code: FMC Title 15 (Development Code). Permit: Required — building permit. Height: 15 ft / 1 story max. Setbacks: 5 ft side/rear (detached). Front Yard: Generally prohibited.

Building without permit: stop-work order plus double permit fees. Setback violations: removal or relocation ordered. Code enforcement fines $100-$500 per violation, escalating daily until corrected.

Tiny Homes

Fresno allows tiny homes primarily as ADUs under CA Gov Code §65852.2 and FMC accessory-dwelling-unit provisions. Tiny homes on wheels permitted only as Movable Tiny Houses (MTH) meeting HCD standards, not as permanent dwellings on private lots.

Key details: Permanent Tiny: Allowed as ADU. State Law: AB 68 / §65852.2. Building Code: CBC Appendix Q. THOW: Not permitted as residence. ADU Approval: 60-day streamlined.

Living in THOW full-time on private property: code enforcement citation, $250-$1,000 fines. Unpermitted tiny home construction: stop-work order, removal order possible.

ADU Permits

Fresno reviews ADU applications ministerially through the Planning Division of the Department of Planning and Development (DARM/Planning) under FMC Section 15-2754, consistent with California Government Code §65852.2. Plan review is local; the California Department of Housing and Community Development (HCD) sets statewide minimum standards but does not review individual Fresno permits.

Key details: Code Section: FMC 15-2754. State Law: CA Gov Code §65852.2 (ministerial review). Review Department: Planning Division (DARM). Processing Cap: 60 days after complete application. Pre-Approved Plans: 5 standard plans (340-1,015 sf).

Building an ADU without a permit is a Fresno Municipal Code violation enforced by Code Enforcement Division under FMC Chapter 10, with citations, stop-work orders, and required removal or retroactive permitting at the owner's cost. Penalties under FMC Section 1-308 reach up to $1,000 per day per violation for infractions and misdemeanors.

The rules around adu permits in Fresno lean permissive, but that does not mean anything goes.

ADU Rental Restrictions

California Government Code §65852.2(a)(6) prohibits using ADUs and JADUs as short-term rentals of fewer than 30 days. Fresno's FMC 15-2754 incorporates this minimum 30-day lease requirement, and a deed restriction is recorded against the property to make it enforceable against future owners. Long-term rentals of 30+ days are permitted with no additional Fresno license requirement.

Key details: Minimum Lease: 30 days (state-mandated). Statute: CA Gov Code §65852.2(a)(6) (AB 587). Deed Restriction: Recorded at permit issuance. Long-Term Rentals: Allowed, no city license needed. Separate Sale: Not allowed (no AB 1033 opt-in).

Renting an ADU for less than 30 days is enforced through Code Enforcement under FMC Chapter 10 with administrative citations starting at $100 and escalating, plus injunctive relief to enforce the recorded deed restriction. Operating without paying transient occupancy tax may also trigger Finance Department collection.

ADU Impact Fees

Fresno cannot charge impact fees on ADUs under 750 square feet under California Government Code §65852.2(f)(3)(A), which preempts local fee schedules. For ADUs 750 sf and larger, impact fees must be charged proportionally to the size of the primary dwelling per square foot.

Key details: Sub-750 sf Waiver: All impact fees waived (state law). Statute: CA Gov Code §65852.2(f)(3)(A). 750+ sf ADUs: Proportional to primary dwelling. Utility Connection: No new connection required for conversions. School Fees: Collected by Fresno USD under Ed Code §17620.

Charging prohibited impact fees on a sub-750 sf ADU is a violation of state law; applicants may request a refund and HCD may take enforcement action against the city under Gov. Code §65852.2(h).

The rules around adu impact fees in Fresno lean permissive, but that does not mean anything goes.

ADU Owner Occupancy

Under California AB 587 (codified at Gov. Code §65852.2(a)(6)), Fresno cannot impose owner-occupancy requirements on ADUs permitted between January 1, 2020 and January 1, 2025. After January 1, 2025, AB 976 (2023) made the owner-occupancy prohibition permanent, so Fresno may not require owner-occupancy on any ADU. Junior ADUs (JADUs) still require owner-occupancy of either the primary unit or the JADU under Gov. Code §65852.22.

Key details: ADU Owner-Occupancy: Prohibited by AB 976 (permanent). JADU Owner-Occupancy: Required (CA Gov Code §65852.22). Statute: CA Gov Code §65852.2(a)(6) (AB 587/AB 976). Pre-2020 ADUs: Existing deed restrictions remain. Annual Affidavit: Not required.

Attempting to enforce owner-occupancy on a post-2020 ADU is a violation of state law and unenforceable. JADU owner-occupancy violations are addressed through Code Enforcement under FMC Chapter 10 and may result in citations and removal of the JADU's separate kitchen.

If you are coming from a city with tighter rules, you will find Fresno gives residents more flexibility on adu owner occupancy.

Garage Conversions

Converting a garage to living space in Fresno generally means creating an Accessory Dwelling Unit under Fresno Municipal Code Section 15-2754, and California Government Code Section 66314 bars the City from requiring replacement of the parking spaces lost when a garage is converted to or demolished for an ADU.

Key details: Garage-to-ADU code section: FMC 15-2754 (state Gov. Code 66314). Replacement parking: Not required for ADU conversion (Gov. Code 66314(d)(11)). Non-habitable conversion limits: Toilet/shower/sink OK; no bathtub or stove (FMC 15-2004-C). Permit: Building permit required via Citizen Access portal. Covenant: Required for non-habitable accessory conversions.

An unpermitted garage conversion is a violation of the Building Code and FMC 15-2004/15-2754, enforced by Fresno Building and Safety Services and Code Enforcement. The City may require a permit, correction of unsafe conditions, or restoration of the garage. The City cannot, however, demand replacement parking for a converted garage that creates a qualifying ADU.

Shed Rules

In Fresno a one-story detached tool/storage shed of 120 square feet or less, no more than 12 feet high, and at least 3 feet from property lines needs no building permit; accessory structures on residential parcels of 10,000 sq ft or less are capped at 12 feet high and must comply with Fresno Municipal Code Section 15-2004.

Key details: Permit-exempt shed size: 120 sq ft or less, one story. Exempt shed height: 12 ft maximum. Minimum setback for exempt shed: 3 ft from property lines. Height cap (parcels <= 10,000 sq ft): 12 ft. Code Section: FMC 15-2004.

A shed exceeding 120 sq ft without a permit, placed in a required setback, or over the height limit is a violation of FMC 15-2004 and the Building Code, enforced by Fresno Code Enforcement and Building and Safety Services. Typical resolution is a notice of violation requiring a permit, relocation, or removal; unresolved violations can lead to administrative citations and abatement at the owner's expense.

Fresno is more permissive than most cities when it comes to shed rules. That said, there are still limits.

ADU Rules

Fresno permits Accessory Dwelling Units (called Second Dwelling Units, Backyard Cottages, and Accessory Living Quarters) on any residential lot under Fresno Municipal Code Section 15-2754, but California state law (Gov. Code 66314-66323) now overrides stricter local standards, requiring ministerial approval of an 800 sq ft detached ADU with 4-foot side and rear setbacks.

Key details: Local code section: FMC 15-2754. State-mandated detached ADU size: Up to 800 sq ft approved ministerially (Gov. Code 66323). State minimum setbacks: 4 ft side and rear (Gov. Code 66323). Local max floor area (Second Dwelling Unit): 1,250 sq ft (FMC 15-2754-F). Pre-approved plans: 5 standard plans, 340-1,015 sq ft.

An ADU built without the required building permit and zone clearance is a code violation enforced by the City of Fresno Code Enforcement Division and Building and Safety Services; unpermitted units may be ordered vacated, brought into compliance, or removed. Because the state requires ministerial approval, the City cannot impose discretionary conditions that conflict with Gov. Code 66314-66323.

The Bottom Line

Compared to many U.S. cities, Fresno gives residents more room on accessory structures. 4 of the 9 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

These rules come from Fresno's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.