Article 6 — REGULATIONS FOR THE COMBINING ZONES

• §6.01 The regulations set forth in this chapter for each of the Combining Zones shall modify the regulations for the principal zones with which they are combined. All uses and regulations of the principal zone shall apply in the Combined Zone, except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations.

• §6.02 Agricultural Combining or -A Zone

The Agricultural Combining or -A Zone is intended to be combined with principal R Zones in areas where average lot areas are sufficient to permit agricultural uses, including the keeping of livestock, in conformity with established usage and without creating nuisances or adverse health conditions. The following regulations shall apply in any zone which is combined with an Agricultural Combining or -A Zone:

• 6.02.1 Principal permitted uses:

  • a. Crop and tree farming, truck gathering.

  • b. Nurseries and greenhouses.

  • c. Large livestock farming subject to the following limitations:

    • i. 1 horse, cow or similar large animal per ½ acre.

    • ii. 5 sheep, goats or similar size animal per ½ acre

  • d. Small livestock ranching, including rabbits, chickens, and small commercial fur animals, subject to the following limitations:

    • i. 200 animals per ½ acre

  • e. (Begin section amended by Ord. 2025-04 on 8/20/2025) Small employee housing.

  • f. Large employee housing, including employee housing meeting the requirements, as determined by the City Manager or their designee, set forth in California Health and Safety Code Section 17021.8, as may be amended. Review of determinations that employee housing meets the requirements set forth in Health and Safety Code section 17021.8 shall be processed and considered by the planning commission in accordance with Health and Safety Code Section 17021.8(c). (End section amended by Ord. 2025-04 on 8/20/2025)

• 6.02.2 Uses permitted with a Use Permit:

  • a. Animal hospitals and kennels.

  • b. Retail sales of agricultural products on premises.

  • c. Raising of animals other than those listed above in this section.

• 6.02.3 Other regulations:

  • a. Barns, corrals, pens and other structures for the keeping or housing of livestock shall be located not less than 50 feet from any residence and 20 feet from any lot line.

  • b. No large livestock shall be butchered on the premises except for noncommercial use.

2/23/2025

32 of 71

City of Ferndale

Zoning Ordinance 02-02

Page 33

The Special Building Site Combining or -B Zone and sub-zones there under are intended to be combined with any principal zone in which sound and orderly planning indicate that lot area and yard requirements should be modified. The following regulations shall apply in any zone which is combined with a Special Building Site Combining or -B Zone in lieu of the lot area and yard requirements normally applicable in such principal zone:

2/23/2025

33 of 71

City of Ferndale

Zoning Ordinance 02-02

Page 34

• §6.04 Recreation Combining or –X Zone

The Recreation Combining or –X Zone is intended to be combined with any principal zone in which the addition of recreational uses will not be detrimental to the uses of the principal zone or of contiguous zones. The following regulations shall apply in any zone which is combined with a Recreation Combining or –X Zone:

• 6.04.1 Principal permitted uses:

  • a. Public and private noncommercial recreation facilities.

  • b. General agriculture and roadside stands.

  • c. (Section amended by Ord. 2025-04 on 8/20/2025) Dwellings and offices incidental to any permitted use, small and large employee housing, but not including agricultural or farm labor camps.

  • d. Trailer camps and mobile home parks.

  • e. Public campgrounds.

• 6.04.2 Uses permitted with a Use Permit:

  • a. Uses permitted with a use permit

  • b. Commercial recreation facilities.

  • c. Commercial uses compatible with recreational uses which, in the opinion of the Planning Commission, will not impair present and potential uses of the area.

• 6.04.3 Other regulations:

  • a. Minimum lot area: five (5) acres.

  • b. Minimum lot width: 300 feet.

  • c. Minimum yards: front, rear and side: 50 feet.

  • d. Maximum building height: 30 feet.

2/23/2025

34 of 71

City of Ferndale

Zoning Ordinance 02-02

Page 35

(Section amended by Ordinance 2024-01 on 10/16/2024) The Design Control Combining or -D Zone is intended to be combined with any principal zone in which the appearance and design of buildings and structures form a substantial contribution to the desirability of the zone for the uses permitted therein, and in which it is desired to protect the over-all Historical

appearance of the zone by regulating the design of proposed buildings and structures in the zone. The following regulations shall apply in any zone with which a Design Control Combining or –D Zone is combined, or as specified in Ordinance 2013-02 Sign Ordinance:

• 6.05.1 The procedures and authority for Design Review are established by this section to achieve the following purposes and objectives:

  • a. To ensure that new buildings and structures and/or the modification, alteration and/or enlargement of existing buildings or structures occurs in a manner which is consistent with the policies of the general plan;

  • b. To preserve the natural beauty of the town’s site and setting;

  • c. To ensure that the architectural design of buildings and structures and their materials and colors are visually harmonious with and are conceptually consistent in character and scale with surrounding area; and

  • d. To ensure that the design and location of signs and their material and colors are consistent with the character and scale of the buildings to which they are attached or which are located on the same site, and to ensure that signs are visually harmonious with surrounding development.

• 6.05.2 Before any sign, structure or building may be erected, structurally altered, or in any way remodeled or improved so as to change the outward appearance of the sign, structure or building, a Design Review Permit shall be obtained unless exempted by Ordinance 2013-02.

• 6.05.3 All applications for permits as required by this ordinance shall be in writing, upon a form prescribed and furnished by the City, and filed in the office of the City Clerk. The application shall contain the name and address of the applicant; the name and address of the owner of the land; a description of the property involved; the street address; the reasons for filing the application; a description of the project to be undertaken; and other information as required by the City Manager or their designee to evaluate the application. Any application required by this Ordinance shall be accompanied by copies, in a quantity as required by the City Clerk, of site plans, diagrams, photographs, materials, or other presentation material as may be necessary for complete review and consideration of the proposed development.

• 6.05.4 Design Review Permits shall be subject to the following procedures:

  • a. The planning commission shall act on design review applications and follow the procedures in this section.

  • b. In the initial application, an applicant may request either conceptual design review or final design review under the provisions of this Ordinance.

1. Conceptual Design Review. The purpose of conceptual design review is to provide the applicant with the planning commission’s tentative reaction to the general design concept of a proposed project. Such review shall not include a formal decision on the application by the planning commission.

   2. Final Design Review. Final design review by the planning commission is for the purpose of rendering a final decision on the application. At the conclusion of final design review, the planning commission may impose

2/23/2025

35 of 71

City of Ferndale

Zoning Ordinance 02-02

Page 36

such conditions that are reasonable and necessary to carry out the purposes of this chapter and may, in addition, require such public improvements as are deemed necessary for the promotion of the public health, safety, and welfare.

• c. A notice of the time and place of consideration of design review applications, including a general explanation of the matter to be considered and a general description of the area affected, shall be posted at least 10 calendar days before the hearing at City Hall.

• d. The decision-making authority shall make appropriate findings of fact in support of each final design review decision, including, but not limited to, findings regarding each of the following matters:

  1. Compliance of the project with the California Environmental Quality Act;

  2. The consistency of the project design with the Ferndale general plan and zoning ordinance; and

  3. Consistency of the project with policies set forth in this Section 6.05.

• e. The decision-making authority may not base any final decision solely upon consideration of the following matters:

  1. Design details such as the color, shape, volume, texture, or construction materials to be used on a project, except where such details are of a magnitude that will significantly affect the overall appearance of the project or the compatibility of the project with its surroundings or where such details are inconsistent with adopted design review polices, if any; or

  2. The interior design of a fully enclosed building.

• f. Actions of the planning commission are appealable to the city council in accordance with Article 11 of the Zoning ordinance.

• 6.05.5 Emergency / minor / routine repairs in Design Control Combining Zone.

  • a. Any of said repairs as defined in Sections 3.29 and 3.48 having value of less than $5,000.00 requires no Design Review Permit.

• 6.05.6 Time Limits:

  • a. Applicants for projects that do not require a building permit shall have six months after the date of Design Review Permit issuance to complete the project.

  • b. Applicants for projects that do require a building permit shall be subject to the conditions and time limits of the building permit. If a building permit is not obtained within six (6) months of Design Review Permit issuance, the Design Review Permit shall be revoke by operation of law.

• c. City staff may grant a one-time Design Review Permit extension of 6 months upon applicant’s request , provided that the request is submitted prior to the expiration of the Design Review Permit (End of section amended by Ordinance 09-01 on 8/6/09, Ordinance 2013-04 on 2/6/2013, and Ordinance 2024-01 on 10/16/2024).

2/23/2025

36 of 71

City of Ferndale

Zoning Ordinance 02-02

Page 37

The Qualified Combining or -Q Zone is intended to be combined with any principal commercial zone in which residential uses constitute the predominant use of land in such zone, and in which it is desired to protect the general peace, safety, comfort, health and welfare of persons residing in such areas from impacts which may result from the introduction of new commercial uses, by regulating those uses allowed in the underlying principal zone, either as a principal permitted use or a use requiring a use permit, to those certain uses which the Planning Commission finds are compatible with the maintenance of a healthful residential living environment and the residential character of the area.

• 6.06.1 Principal permitted uses:

  • a. Single-family dwellings.

  • b. Boarding of not more than two persons not employed on the premises.

  • c. Small employee housing.

• 6.06.2 Uses permitted with a Use Permit:

  • a. Two-family dwellings.

  • b. Dwelling groups and multiple dwellings for not more than four (4) families. c. Professional and business offices.

  • d. Commercial instruction.

  • e. Private institutions.

  • f. Bed and breakfast inns.

  • g. Boarding houses.

  • h. Outpatient small-animal clinics.

  • i. Mortuaries.

  • j. Plant nurseries.

  • k. Stores and services of a light commercial character, conducted entirely within an enclosed building, and limited to the following uses:

    • i. Antique shops.

    • ii. Art galleries.

    • iii. Barber shops and beauty salons.

    • iv. Book stores.

    • v. Florist shops.

    • vi. Restaurants and licensed premises appurtenant thereto.

    • vii. Small-scale retail shops.

    • viii. Studios.

    • ix. Tailor and dressmaking shops.

    • x. Wholesale food preparation and catering.

    • xi. Sales of used and second-hand goods when appurtenant to any of the foregoing.

  • l. Other uses as approved by the Planning Commission, provided such additional uses are specifically enumerated as a permitted use of land in the regulations for the underlying principal zone, and the Planning Commission finds that such use is both similar to, and compatible with, the Principal Permitted Uses and Uses Permitted with a Use Permit specified in subsections 6.06.1 and 6.06.2.

• 6.06.3 Other Regulations

  • a. Minimum lot area, width, maximum lot depth, and maximum building height shall be the same as those required in the underlying principal zone.

2/23/2025

37 of 71

City of Ferndale

Zoning Ordinance 02-02

Page 38

• b. Off-street parking and loading facilities shall conform to Section 7.16 of the Zoning Ordinance.

• c. The use of land and buildings existing upon the effective date of these regulations, where said uses are in conformance with the uses and regulations specified for the underlying principal zone but are not in conformance with the uses and regulations set forth hereinabove, shall be permitted to be continued and maintained without becoming subject to the provisions of Article XII of the Zoning Ordinance, “Non-Conforming Buildings and Uses.” Expansion of such pre-existing use subject to exemption under this section may be granted by the Planning Commission through the issuance of a Use Permit, provided such expansion is found to be consistent with the purpose of the –Q Zone.

• d. All other applicable City Ordinances.

2/23/2025

38 of 71

City of Ferndale

Zoning Ordinance 02-02

Page 39

- (Begin section added by Ordinance 2012 01 1/5/12)

The –H Zone is intended to cover the existing duplex units on a portion of the Ferndale Housing Project site located on Fairview Drive and Trident Lane. This combining zone principally permits the existing duplex units. (End section added by Ordinance 2012-01 1/5/12.)

- (Begin section added by Ordinance 2025 06 on 11/19/2025)

The Streamside Protection Area Combining or -SPA Zone is intended to be established along both sides of Francis Creek, and the -SPA Zone shall extend from the top of bank or the edge of the riparian dripline, whichever is a greater distance from the Francis Creek centerline, for fifty (50) feet, on either side of the creek, pursuant to General Plan Open Space and Conservation Policy LU-4.2 and Implementation Program LU-IP2.

The purpose of these regulations are to provide minimum standards pertaining to the use and development of land located within the Streamside Protection Area Combining Zone as defined in General Plan Land Use Element Policy LU-4.2–Francis Creek Riparian Habitat and Erosion Control; and to implement other applicable portions of the City’s General Plan Conservation and Open Space and Land Use Element Goal 4 – Conserve Soil Resources and Minimize Erosion and Other Soil Depleting Processes.

Development within the -SPA zone shall be subject to the following Policies and Implementation Measures set forth in City of Ferndale General Plan Land Use Element Goal LU-4:

• a. LU-3.4–Francis Creek Corridor.

• b. LU-4.2–Francis Creek Riparian Habitat and Erosion Control. (End section added by Ordinance 2025-06 on 11/19/2025)

2/23/2025

39 of 71

City of Ferndale

Zoning Ordinance 02-02

Page 40