Ferndale Zoning Code § 6.05 Design Control Combining or -D Zone

(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