Ferndale Zoning Code Art. 10 Use Permits and Special Permits

ARTICLE	10: USE PERMITS AND SPECIAL PERMITS
§10.01	Use permits may be granted upon application to the Planning Commission for any use for
	which a use permit is permitted or required by these regulations, or for any use which, while
	not specifically enumerated in these regulations is, in the opinion of the Planning Commission,
	similar to and compatible with the uses permitted in the zone in which the subject property is
	situated.
§10.02	Application for a use permit shall be filed at the office of the City Clerk upon a form provided,
	and shall be accompanied by such information as may be required to describe fully the
	proposed use for which the permit is sought and shall be accompanied by a filing fee. Said
	filing fee shall be fixed by resolution of the City Council at such sum as it may determine
	necessary.
§10.03	Subject only to the rules regarding the placing of matters on the Planning Commission agenda,
	the matter shall be set for a public hearing.
§10.04	Notice of the time and place of the hearing shall be given pursuant to California Government
	Code Section 65905, as well as by publication once in a newspaper of general circulation
	printed and published in the county at least 10 days prior to the hearing, and by posting said
	notice in conspicuous places close to the property (This section amended by Ordinance 2014-
	02 on 5/1/2014).
§10.05	At the public hearing the Planning Commission shall hear any person affected by the proposed
	use permit. The hearing may be continued from time to time, but shall be concluded within 60
	days the commencement thereof.
§10.06	(This section amended by Ord. 2025-06 on 11/19/2025) The Planning Commission may
	approve a use permit only after first finding all of the following:
	a. The proposed use is allowed within the applicable zone and complies with all other
	applicable provisions of this Zoning Ordinance and other applicable adopted City
	Ordinances or is a nonconforming use in compliance with § 12.01.2 of this Ordinance;
	b. The proposed use is consistent with the General Plan and any applicable specific plan;
	c. The design, location, size, and operating characteristics of the proposed activity are
	compatible with the existing and potential future land uses in the vicinity;
	d. The site is physically suitable for the type, density and intensity of use being proposed,
	including access, utilities, and the absence of physical constraints;
	e. Granting the permit will not be detrimental to the public interest, health, safety,
	convenience, or welfare, or materially injurious to persons, property, or improvements
	in the vicinity and zone in which the property is located;
	f. Compliance with the California Environmental Quality Act.
§10.07	(This section amended by Ord. 2025-06 on 11/19/2025) Within thirty (30) days of the
	conclusion of the hearing, the Planning Commission shall grant or deny the issuance of the use
	permit applied for. The granting of any use permit may be made subject to terms and
	conditions attached thereto and made a part thereof. Failure of the Planning Commission to
	act within the time set herein shall be deemed to be a denial of the application on that date.
	The action of the Planning Commission shall become effective and final ten (10) days from the
	date thereof, unless an appeal is filed in accordance with Article 11 of this Ordinance. In the
	event an appeal is filed, the use permit approval shall be stayed until approval is obtained
	from the City Council.
§10.08	Revocation of Use Permits: In any case where the terms and conditions of a grant of a use
	permit are not complied with, the Planning Commission shall give notice to the holder of such

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use permit of this intention to revoke such use permit. Proceedings for the revocation of a use permit shall be conducted in the same manner as proceedings for the grant of a variance.