Article 7 — GENERAL PROVISIONS AND EXCEPTIONS

Ferndale Zoning Code · 2026-06 edition · ingested 2026-07-06 · Ferndale

  • §7.01 Applicability: Each and every zone shall be subject to the provisions of this Article, in addition to the requirements and regulations set forth elsewhere in this Ordinance for each of the Zones.

Accessory Building: See Section 7.10 “Height Limitations”; 7.21 “Secondary Dwellings”; and 7.26 “Yards”

  • §7.02 Accessory Uses: Accessory uses, as defined herein, shall be permitted as appurtenant to any permitted use, without the necessity of securing a use permit, unless particularly provided in this Article, provided that no accessory use shall be conducted on any property in any R Zone unless and until the main building is erected and occupied, or until a use permit is secured.

  • §7.03 Airports: Airports, heliports and landing strips for aircraft shall be permitted with a use permit in any –A, M or F Zone.

  • §7.04 Animals and Animal Shelters: Adult domestic animals may be kept as accessory to any residential use, according to the following schedule:

    • 7.04.1 (Begin section amended by Ordinance 09-01 on 8/6/09) One (1) large domestic bovine and equine animal may be kept on any parcel of not less than one acre, or any same-owner contiguous parcels used only for livestock, of not less than one acre. One Additional animal may be kept for each ½ acre of area by which such parcel exceeds one acre. (End section amended by Ordinance 09-01 on 8/6/09)

    • 7.04.2 Four (4) medium-sized domestic animals, including sheep and goats, may be kept on any parcel of not less than one acre. One additional animal may be kept for each 10,000 square feet of area by which such parcel exceeds one acre.

    • 7.04.3 Small domestic animals, including rabbits and poultry, may be kept on any parcel of not less than 10,000 square feet, and not more than 10 such animals may be kept on such parcel. One additional animal may be kept for each 500 square feet of area by which such parcel exceeds 10,000 square feet.

  • §7.05 Assemblages of Persons and Vehicles: No circus, carnival, open-air or drive-in theater, automobile racetrack, religious revival tent or similar assemblage of people and automobiles shall be permitted in any zone unless a use permit is first secured in each case.

  • §7.06 Bed and Breakfast Inns: Bed and breakfast inns, as defined herein, shall be an allowable use within all residential and agricultural zones, subject to the following regulations:

    • 7.06.1 Minimum lot area: 20,000 square feet.

    • 7.06.2 Minimum main building: 2,500 square feet.

    • 7.06.3 Number of living quarters occupied for compensation, including rooming and boarding uses: two (2)-four (4).

    • 7.06.4 Bed and breakfast inns shall be conducted only by persons owning and residing in the dwelling as their principle place of residence.

    • 7.06.5 Off-street parking, as per Section 7.16.

  • 7.06.6 Signs, as per Section 7.23.

  • §7.07 Exception to Development Standards – Exceptions to Height Standards Residential zones: Any structure, building or any architectural feature of a building may be erected to a height greater than the maximum height limits in Residential Zones provided that a Special Permit is first obtained (Section 12.02). Such excess height, when allowed, will normally be conditioned upon proportional increases in the yards required.

  • §7.08 Fences, Hedges, Natural or Planted Growth and other Sight Obstructions: (This entire section Amended by Ordinance 05-02 on 5/7/05)

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7.08.1 No structure, fence, art object, landscaping or other obstacle, impediment or hindrance shall obscure visibility within the sight visibility triangle for any street corner, alley intersection or driveway exit onto a street. The site visibility triangle includes the vertical area that is between three feet and ten feet above the sidewalk level, or street level if there is no sidewalk. For a corner lot, the horizontal legs of the visibility triangle are 20’ long measured from the intersection of the two abutting property lines; the hypotenuse is drawn from the end points of the two legs. For an alley or driveway intersecting a street, the horizontal legs of the visibility triangle are 5’ long measured from the intersection of the two abutting property lines; the hypotenuse is drawn from the end points of the two legs. The NonConforming Uses section (Article XII) shall apply to obstructions within the site visibility triangle existing on the effective date of the application of these regulations. Nothing in this Section shall limit the abatement of a public health and safety nuisance.

  • 7.08.2 Fences (This section amended by Ord. 2020-04 on 2/12/07) a. Fences defined. For purposes of this Section 7.08.2, a fence shall mean an artificially constructed barrier consisting of any materials, intended to form an enclosure, mark a boundary, prevent intrusion, provide a screen, and including walls or like structures, but not a building wall.

b. Fences, Generally. No fence shall exceed a height of six (6) feet on any portion of a lot within the City.

c. Fences in Front Yards of Any Lot. Fences located in the front yard, as that term is defined by Section 3.80.1 of this Ordinance, of any lot shall not exceed four (4) feet in height. The height restriction set forth in this sub-section shall apply to any fence located in the front yard of any lot regardless of whether the fence runs in a direction that is generally parallel or perpendicular to the front street line. The height restriction set forth in this sub-section is subject to Section 7.08.1, regulating the sight visibility triangle.

d. Fences in the Side Yards on the Street Side of Corner Lots. Fences located in the side yard on the street side of a corner lot, as those terms are defined by Sections 3.47.2 and 3.80.3 of this Ordinance, shall not exceed six (6) feet in height from the front corner of the main structure to the rear lot line.

e. Height of a Fence. The height of a fence shall be measured from the higher finished grade adjoining the fence.

f. Prohibited Fence Materials. No Fence shall be constructed using barbed or razor wire, electrified fence material, chain link fence material, or other materials not typically used, designated, or manufactured for fencing such as metal roofing panels, corrugated or sheet metal, tarps or plywood.

g. Permit Required. To the extent required by the Zoning Ordinance or the Building Inspector - Construction Code Ordinance, any person who intends to construct a fence shall first obtain all required permits from the City.

f. Illustration. For purposes of illustration, the following diagram demonstrates the pertinent areas affected by sub-sections “c” and “d” of this Section 7.08.2:

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==> picture [310 x 166] intentionally omitted <==

----- Start of picture text -----
Side yard on
the street
side of a
corner lot
STREET
Front Yard Front Yard Front Yard
STREET
----- End of picture text -----

7.08.3 and 7.08.4 (These sections deleted by Ordinance 2020-04)

  • §7.09 (Deleted by Ordinance 2025-04 on 8/20/2025)

  • §7.10 Height Limitations and Modifications. Heights of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point of the roof; but chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air-conditioning equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in making such measurement. Accessory buildings in R Zones shall not exceed 15 feet in height.

  • §7.11 (Begin section altered by Ordinance 08-03) Home Occupations: Home occupations, as defined herein, shall be permitted as appurtenant and accessory uses to any residential uses. If applicant complies with this section of the Zoning Ordinance, the permit will be issued administratively (over the counter). This section of the ordinance is not retroactive. The Home Occupation Permit shall:

    • 7.11.1 Be a legal and lawful business; and

    • 7.11.2 Produce no evidence of its existence in the external appearance of the dwelling or premises including but not limited to exterior displays such as signs, or in the creation of offensive noise, vibration, smoke, dust, odors, heat or glare, parking or traffic, or other nuisances to a degree greater than normal for the neighborhood.

    • 7.11.3 Is confined completely within the dwelling or unattached structure and occupies not more than twenty five percent (25%) of the total floor space of the main dwelling (or its equivalent in an unattached structure).

    • 7.11.4 Be an owner- or renter-occupied home and business.

    • 7.11.5 Meet the requirements of the building inspector and fire district of jurisdiction and

    • 7.11.6 Possess a current business license. If license expires, H.O.P. expires.

    • 7.11.7 at time of business license renewal, produce a copy of the applicant’s Liability Insurance on which a rider has been placed for the Home Occupation. (End section altered by Ordinance 08-03)

  • §7.12 Lot Areas and Widths: Lot areas and widths which do not conform to the minimum specifications of the zone in which they are located will be permitted where the lot in question was delineated on a recorded sub-division map or was under one ownership in the

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effective date of these regulations and the owner thereof has not subsequently acquired adjoining property.

  • §7.13 Lot Not Fronting on a Public Way. A lot not having frontage on a public way, but otherwise conforming to these regulations, may be used provided a use permit is first secured.

  • §7.14 Manufactured and Mobile Homes (Amended by Ordinance 2014-02 on 5/1/2014):

    • 7.14.1 Use exemptions: A mobile home shall be occupied or used for living or sleeping purposes on an individual lot only if it is in accordance with Section 7.14.2 of this ordinance, with the following exceptions:

  • a. In conjunction with a trailer sales area: One mobile home may be used as an office appurtenant and accessory to, and in conjunction with the operation of a mobile home sales area. 

    - b. Temporary office or residence: One mobile home may be permitted, with a special permit issued by the Building Department, as a temporary office or residence, after obtaining a building permit of the same use on the same lot. Such use of the mobile home shall be limited to six (6) months from the date of issuance of the building permit and shall automatically terminate upon the expiration or voidance of the building permit. The Building Department may renew such special permit for one additional period of six (6) months, if substantial progress has been made in the construction of the permanent building and it is reasonable and probable that the permanent building will be completed within such additional period. 

- c. By building contractors: Mobile homes may be used, with a use permit, as temporary offices by construction contractors, or as temporary living quarters for their employees in all zones.

    • 7.14.2 Manufactured and Mobile Homes on individual lots: A manufactured or mobile home shall be permitted on an individual lot as a single-family dwelling unit, only if it meets the following requirements:

      • a. Eligibility:

        • i. The manufactured or mobile home must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974.

        • ii. The manufactured or mobile home must be installed on a permanent foundation system designed in accordance with Health and Safety Code Section 18551.

        • iii. Installation of a manufactured or mobile home shall be prohibited if more than 10 years have elapsed between the date of manufacture of the manufactured home and the date of the application for the issuance of a permit to install the manufactured home.

        • iv. The manufactured or mobile home must comply with all development standards specified in the zone in which the home is to be placed.

        • v. The manufactured or mobile home must be located within an area of the City determined to be compatible with mobile home use, as defined in the Compatibility Section, below.

      • b. Compatibility: Manufactured and mobile homes shall be considered compatible in those areas outside of the Design Control Combining or -D Zones, as particularly described on the Zoning Map of the City of Ferndale. The Design Control districts designated on said map have been found to be both of significant historical value and of overall unique architectural

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character, warranting protection of preservation efforts and infill development of comparable nature. Therefore, manufactured and mobile homes, as defined herein, are not found to be compatible with these areas, but shall be permitted in all other areas of the City wherein single family dwellings are a principal permitted use of land.

  • §7.15 Mobile Home Park Standards: All mobile home parks shall be subject to the following requirements:

  • 7.15.1 Minimum lot area: one (1) acre.

    • 7.15.2 Minimum recreation space: 10% of site.

    • 7.15.3 Minimum yards around parks: front, 20 feet; side and rear, 10 feet; suitably landscaped to provide effective screening.

    • 7.15.4 All areas not used for access, parking, circulation, recreation or services shall be completely and permanently landscaped, and the entire site shall be maintained in a neat, clean and orderly and sanitary condition.

    • 7.15.5 All circulation roads shall be at least 25 feet from curb to curb and shall be increased in width by 10 feet for curb parking space on each side of the street on which such curb parking is permitted. All roads and parking spaces shall be permanently paved. Two (2) parking spaces or the equivalent thereof shall be provided for each mobile home site.

    • 7.15.6 The Planning Commission may modify the above requirements for an existing substandard park proposed to be enlarged or extended, provided that the modifications are limited to the overall improvement in the design or standards of such existing park.

  • §7.16 Parking and Loading Facilities (This section amended by Ordinance 2014-06 on 2/4/2015): Except as provided for in §7.16.6 through §7.16.8 of this Ordinance, off-street parking and loading spaces shall be provided in all zones in conformity with Americans with Disabilities Act (ADA) design regulations and the following:

    • 7.16.1 Each parking space shall be not less than eight (8) feet wide and sixteen (16) feet long with seven (7) feet of vertical clearance, and each loading space shall be not less than ten (10) feet wide, twenty (20) feet long with fourteen (14) feet of vertical clearance.

    • 7.16.2 Each parking space shall be located on the same parcel, or a contiguous parcel under the same ownership, as the use it serves.

    • 7.16.3 When the number of off-street parking spaces required for a structure or use is based on the number of employees, it shall be based upon the shift or employment period during which the greatest number of employees are present.

    • 7.16.4 When a building contains two or more uses, the total required number of off-street parking spaces shall be the sum of the requirements for all uses. Off-street parking spaces for one use may not be considered as providing required off-street parking spaces for other uses unless a shared parking plan is submitted and approved in accordance with §7.16.8 of this Ordinance.

    • 7.16.5 Parking spaces shall be provided per subsections a-h and j. Loading spaces shall be provided per subsections i and j:

      • a. Dwellings: one (1) for each dwelling unit.

      • b. Hotels, motels, inns, bed and breakfast inns, boarding houses: one (1) for each individual living quarter or dwelling unit.

      • c. Hospitals: one (1) for each bed and one (1) additional for each three (3) staff members.

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  • d. Emergency Shelters: one (1) space for every 5 beds and one (1) additional for each three (3) staff members.

  • e. Offices and retail establishments: one (1) for each 500 square feet of floor area. In addition to providing one parking space for each 500 square feet of floor area, Medical and dental offices shall provide one (1) parking space for each staff member.

    • f. Restaurants and Department of Alcoholic Beverage Control (ABC) licensed premises: one (1) for each 300 square feet of floor space or maximum capacity as determined by the fire marshal, whichever is greater, including outdoor patios and spaces receiving food or ABC licensed service.

    • g. Wholesale, industrial and public utility buildings: one (1) for each three (3) employees.

    • h. Recreation and education uses, and theaters: one (1) for each 500 square feet of floor area.

    • i. Every commercial use occupying more than 5,000 square feet of floor area in any building shall provide one (1) loading space. One additional loading space shall be provided for every 20,000 square feet of floor area in excess of 5,000 square feet.

    • j. Public Facilities referenced in §5.17.1 subsections a-c, excluding emergency shelter in subsection d, and Quasi-Public Facilities as defined in this Ordinance are exempt from §7.16 Off-Street Parking regulations.

    • k. All off-street parking areas shall be accessible from a public street, alley, or driveway. A ten (10) foot wide unobstructed vehicular access lane shall be maintained.

  • 7.16.6 Any reconstruction or change in use of any structure after the effective date of these amendments, that is located within the Off-Street Parking Exemption Area, shall be exempt from off-street parking requirements provided that said reconstruction or change:

    • a. Occurs within the existing square footage as of the effective date of these amendments and,

    • b. Does not result in an increase in lodging or residential units.

    • c. The re-establishment of residential or lodging units which were in place at the effective date of these amendments shall be exempt from these requirements if the same or fewer number of units are re-established.

  • 7.16.7 Any reconstruction or change in use which results in additional square footage after the effective date of these amendments, located in the commercial zone on Main Street from Eugene Street to Lewis Court and which structure extends one (1) lot deep, may be subject to parking requirements set forth in Section 7.16.5.

  • 7.16.8 Alternative parking arrangements

    • a. Alternatives to the parking requirements of this Ordinance may be approved as follows:

      • i. City staff may approve the required amount of parking spaces provided in an approved off-site location in compliance with Subsection b, below; or

      • ii. City staff may approve a shared parking plan submitted and approved in compliance with Subsection c, below; or

      • iii. Some other parking arrangement is provided and authorized by the Planning Commission as a Use Permit.

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     - iv. Alternatives unable to be approved by staff will be submitted for review by Planning Commission.

  • v. Approved alternatives will go on record as an entitlement on the property deed, submitted through the city clerk. 

       - vi. Any change in land use affecting alternative parking arrangement agreements must be approved through city staff, or the Planning Commission pursuant to this section. 

- b. Parking may be located offsite in compliance with the following: 

   - i. Offsite parking must be located within 300 feet of the structure in which the proposed use is located. 

   - ii. Required parking spaces that are approved offsite shall be committed by a lease or other agreement and filed at City Hall. 

   - iii. The owner/operator of a business that uses approved offsite spaces to satisfy parking requirements shall immediately notify City staff of a change of ownership or use of the property for which the spaces are required, and of termination or default of the agreement between the parties. 

   - iv. Upon notification that a lease for required offsite parking has terminated, one of the following shall occur: 

      - (a). Substitute parking shall be provided; or 

      - (b). The size or capacity of the use shall be reduced so that the number of spaces provided comply with this Ordinance. 

- c. Parking spaces may be shared by two or more adjacent uses in compliance with the following: 

   - i. Up to one hundred percent (100%) of the parking spaces serving a use may be shared by other uses not normally open or operated during similar hours. The applicant must show that the peak parking demand and principal operating hours for each use are suitable for a common parking facility. 

   - ii. A written agreement defining the shared parking shall be executed by all parties concerned and filed on record as an entitlement on the property deed, submitted through the city clerk. 

   - iii. Any subsequent change in land uses for which the shared parking proposal was approved, and which results in the need for additional parking spaces, shall require a new application under this subsection.
    • 7.16.9 Parking requirement compliance as set forth in this Ordinance shall be approved by contract City Staff. Approved parking requirement adherence documentation will become part of the City’s property record.

  • §7.17 Public Uses: Public uses, as defined herein, shall be permitted in any zone without the necessity of first obtaining a use permit, provided, however, that the locations of proposed public uses shall be submitted to the Planning Commission for recommendation at least 30 days prior to the acquisition of sites and rights of way.

  • §7.18 Public Utility Buildings and Uses: Public utility buildings and uses, including but not limited to communication equipment buildings, substations, generating plants, gasometers and transmission facilities, shall be classified as quasi-public uses.

  • §7.19 Quasi-Public Uses: Quasi-public uses, including public utility uses, shall be permitted in any C or M Zone without a use permit and may be permitted in other zones subject to the securing

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of a use permit, provided that lines and facilities for locating service shall be permitted in all zones, and that the locations of proposed transmission lines shall be discussed with and approved by the City Council prior to the acquisition of rights of way. Height limitations shall be subject only to Public Utility Commission regulations.

  • §7.20 Removal of Natural Materials: Surface removal of minerals and natural materials, including building and construction materials to be used for commercial purposes, shall be allowed in any zone with a use permit. A use permit shall not be required for on-site excavation and removal of materials for normal construction of buildings structures or underground facilities or where such removal is primarily for building site grading and land leveling.

  • §7.21 (The following section is repealed in its entirety by Urgency Ordinance 2025-09 on 12/17/2025) Secondary/Accessory Dwelling Units:

    • 7.21.1 Purpose and Scope.

The purpose of this section is to provide regulations for the establishment of accessory dwelling units in compliance with California Government Code Section 65852.2. Said units may be located in residential zone districts where adequate public facilities and services are available. Accessory dwelling units are a potential source of affordable housing and shall not be considered in any calculation of allowable density of the lot upon which they are located, and shall also be deemed consistent with the General Plan and zoning designation of the lot as provided. Accessory dwelling units shall not be considered a separate dwelling unit for the purpose of subdividing the property into individual condominium or lot ownership.

  • 7.21.2 Definitions.

For the purposes of this section, the following words are defined:

"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. "Attached" means a wall, floor, or ceiling of an accessory dwelling unit is shared with the primary residence on the property.

"Behind" means an accessory dwelling unit constructed either entirely between the rear of the primary residence and the rear property line, or at the side of the primary residence, and set back from the front plane of the primary residence at least 50 percent of the distance between the front and back planes of the primary residence. "Buildable pad area" means the level finish grade of the lot not including slopes greater than 30 percent.

“Conversion” means the alteration of an existing physical space such as a garage, carport, or covered parking structure, to an accessory dwelling unit intended for residential use.

“Detached" means an accessory dwelling unit separated from the primary residence or accessed from primary residence by a breezeway.

"Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

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  • "Living area" means the interior habitable area of a dwelling unit including finished basements and attics, but does not include garages or any accessory structure. “Mature tree” means an otherwise non-protected tree with a diameter-at-breast-height (DBH) of 19 inches or greater. "Primary residence" means a proposed or existing single-family dwelling constructed on a lot as the main permitted use by the zone on said parcel. "Tandem parking" means that two or more vehicles are parked on an established driveway or in any other approved location on the lot lined up behind one another.

  • 7.21.3 Applicability.

    • a. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this section.

    • b. The City Manager or his/her designee shall review and approve, conditionally approve, or deny ministerial permits for accessory dwelling units conforming to the provisions of this section within the time limits specified by Government Code Section 65852.2 or successor provision.

  • 7.21.4 Location standards.

    • a. Permitted Zones. Accessory dwelling units are permitted in the following zoning districts:

      • i. One newly constructed accessory dwelling unit or junior accessory dwelling unit may be constructed on any legal parcel that allows single-family residential as a principally permitted use.

      • ii. Conversions to an accessory dwelling unit that meet all of the following criteria shall be permitted in all zoning districts that permit single-family residential uses:

        1. The accessory dwelling unit is contained within a legally constructed existing space (i.e., a fully enclosed area, including a garage) of a primary single-family dwelling or structure accessory to a primary single-family dwelling.

        2. There is an independent exterior access from the existing residence.

        3. Side and rear setbacks are sufficient for fire safety as determined by the Building Official at the time of application.

        4. All applicable building and safety codes are met.

        5. Only one accessory dwelling unit will exist on the site.

    • b. Minimum lot area.

      • i. Conversion to accessory dwelling unit. None. ii. Newly constructed accessory dwelling unit:

        1. RS and R1 zoning districts. One accessory dwelling unit may be constructed on any legal parcel of 5,000 square feet or more in size.

        2. All other permitted zoning districts. One accessory dwelling unit may be constructed on any legal parcel, regardless of lot size.

  • c. Accessory dwelling units or junior accessory dwelling units are not permitted on lots developed with condominiums, townhomes, apartments, or similar multi-family developments.

    • d. Construction of a primary residence can be in conjunction with the construction of an accessory dwelling unit. The conversion of a guest house,

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other similar living areas, or other accessory structures into an accessory dwelling unit is permitted, provided the conversion meets the intent and property development standards of this section, and all other applicable requirements.

  • 7.21.5 Development Standards. a. Newly Constructed Accessory Dwelling Units-Unit size. i. Minimum unit size. The accessory dwelling unit shall be no less than 150 square feet in size. 

    - ~~ii. Maximum unit size.~~ 

   ~~1. For parcels less than 10,000 square feet in size: 800 square feet or 50 percent of the proposed or existing primary dwelling living area (i.e., all fully enclosed area, excluding garages and detached structures), whichever is less.~~ 

   ~~2. For parcels equal to or greater than 10,000 square feet in size: 1,200 square feet or 50 percent of the proposed or existing primary dwelling living area (i.e., all fully enclosed area, excluding garages and detached structures), whichever is less.~~

    • b. Site planning . A detached accessory dwelling unit shall be located behind the rear building line of the primary residence, and be clearly subordinate in location and size.

    • c. Setback requirements. The minimum required setbacks shall comply with Section 7.27 (“Yards”), except that the minimum rear yard setback for a detached Accessory Dwelling Unit shall be no less than 10 feet. A minimum setback of five feet from the side and rear property lines shall be required for an attached accessory dwelling unit that is constructed above an attached garage.

    • d. Building separation. A minimum building separation of six feet shall be maintained (eave to eave) between the primary residence and a detached accessory dwelling unit.

    • e. Maximum height. To ensure accessory structures remain subordinate to the primary residence, detached accessory dwelling units should generally not exceed 15 feet to the top plate and 20 feet to the highest ridgeline. However, the highest ridgeline of newly constructed attached accessory dwelling unit may extend to the maximum allowed height in the applicable zone, if the existing primary residence is of an equal height.

    • f. Connection Fees. For purposes of providing service for water, sewer, or power, including a connection fee, an accessory dwelling unit shall not be considered a separate dwelling unit.

  • 7.21.6 Historic Resources. a. Historic Districts. Accessory dwelling units are prohibited in historic districts (e.g., National Register, Landmark, etc.) unless the accessory dwelling unit is one of the following: 

    - ~~i. A converted accessory dwelling unit; or~~

  • ii. A newly constructed accessory dwelling unit that is not visible from the public right-of-way.

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  • b. Individually Designated Historic Properties. i. Newly constructed accessory dwelling units are prohibited on individually designated historic properties that are listed on the National Register of Historic Places.

  • ii. Converted accessory dwelling units are permitted on individually designated historic properties that are either located on a Local or State Register of Historic Places, provided the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory dwelling unit is built, and complies with the requirements of this section including the following:

    1. The accessory dwelling unit shall be subordinate to a primary residence that is determined to be a historic resource.

    2. The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, including garages, outbuildings, stables or other similar structures.

    3. Windows and doors (including garage doors) for historic properties that are original to the structure are required to be retained, unless this requirement prevents creation of the accessory dwelling unit.

    4. The accessory dwelling unit shall be designed as to have a distinguishable but compatible architectural style from the historic primary residence or structure, as required by the Secretary of Interior Standards Guidelines for Rehabilitation. New additions and related new construction that are either identical to the historic building or in extreme contrast to it are not compatible.

    5. Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of any historic structures and any other on-site features that convey the historic significance of the structure and site.

    6. Any “mature tree” shall be replaced by a seedling at a one-for-one ratio if it is proposed to be removed in order to construct a newly constructed Accessory Dwelling Unit.

    7. Newly constructed accessory dwelling units on individually local or state designated historic properties are also subject to Section 7.21.7 (Design Standards for all Newly Constructed Accessory Dwelling Units).

7.21.7 Design Standards for all Newly Constructed Accessory Dwelling Units .

  • a. The lot shall retain a single-family appearance by incorporating architectural design elements, building materials and colors of the primary residence with the accessory dwelling unit. The accessory dwelling unit shall be subject to the following development design standards:

    • i. Matching architectural components shall be shared between the primary residence, accessory dwelling unit, and any other accessory structures to provide visual compatibility and ensure subordinance to

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the main structure. These components may include, but are not limited to: 

     ~~1. Window and door type, style, design and treatment;~~ 

     ~~2. Roof style, pitch, color, material and texture;~~ 

     ~~3. Roof overhang and fascia size and width;~~ 

     ~~4. Attic vents color and style;~~ 

     ~~5. Exterior finish colors, texture and materials, including siding and trim.~~ 

  - ~~ii. Windows on second story accessory dwelling units shall be staggered and oriented away from adjacent residences closer than 10 feet to the greatest degree feasible. The location and orientation of balconies or decks shall also be oriented away from adjacent neighbors' backyard and living space windows.~~

  • 7.21.8 Parking and circulation standards.

    • a. Required parking . One additional parking space shall be provided on-site for the accessory dwelling unit. The on-site parking space required for the accessory dwelling unit may be provided as covered, uncovered, or as tandem parking on an existing driveway.

      • i. Exception. No additional parking space is required for an accessory dwelling unit if it meets any of the following conditions:

        1. The accessory dwelling unit is located within one-half mile of a public transit stop;

        2. The accessory dwelling unit is located within an architecturally and historically significant district;

        3. The accessory dwelling unit is contained within legally constructed existing space (i.e., all fully enclosed area, including a garage) of the primary dwelling or accessory structure, as specified in Section 17.50.275.B.1.a.(1);

    • b. Replacement parking. If an existing garage or carport serving as the required parking for the primary dwelling unit is demolished in conjunction with the construction of an accessory dwelling unit, the required replacement parking spaces for the primary residence may be provided as covered, uncovered, or as tandem parking on an existing driveway, provided the driveway is sufficient in length and width.

  • 7.21.9 Junior Accessory Dwelling Units.

    • a. In single-family residential zones, a junior accessory dwelling unit is permitted and shall meet all of the following: One junior accessory dwelling unit per residential lot zoned for single-family residences with a single-family residence already built, and where no ADU or guest house exists on the lot.

    • b. Owner-Occupancy. Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

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  • c. A permitted junior accessory dwelling unit shall be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom.

  • d. Separate Entrance. A separate entrance from the main entrance to the structure is required, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation.

  • e. Kitchen Requirements. An efficiency kitchen for the junior accessory dwelling unit is required, and shall include:

    • i. A sink with a maximum waste line diameter of 1.5 inches.

    • ii. A cooking facility with appliances that do not require electrical service greater than 120 volts or natural or propane gas.

    • iii. A food preparation counter and storage cabinets.

  • f. Parking. Additional parking is not required for a junior accessory dwelling unit. g. Connection Fees. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

  • h. Sale of Units. The sale of a junior accessory dwelling unit separate from the sale of the single-family residence is prohibited and will be enforced by deed restrictions.

  • i. Recorded covenant. Prior to issuance of a building permit for the accessory dwelling unit, the owner shall record a covenant in a form approved by the city to notify subsequent owners of the requirements of this Section.

Setbacks: See 7.27 “Yards”

  • §7.22 Signs and Nameplates: The entire §7.23 was repealed by Ordinance 2013-02 Sign Ordinance. §7.23 Swimming Pools: Any pool, pond, lake or open tank, not completely enclosed within a building, which is normally capable of containing water to a depth greater than 18 inches at any point and in which swimming or bathing is permitted to the occupants of the premises on which it is located, or their guests, and which shall not be used for commercial purposes, shall be permitted, with a use permit in any zone and shall be subject to the following regulations:

    • 7.23.1 Such pool shall be located on the rear one-half of the lot and in any case not less than 50 feet from the front lot line. Side and rear yards shall be as required for accessory buildings, but in no case within 5 feet of any lot line. Filter and heating systems shall not be located within 10 feet of any lot line.

    • 7.23.2 Ground coverage by a swimming pool shall not exceed 40% of the rear yard required of the lot on which it stands. Ground coverage by a swimming pool shall not be included in computing maximum ground coverage allotted to buildings on the lot.

    • 7.23.3 Such pool or the property on which it is located shall be completely enclosed by a wall or fence not less than 4 ½ feet in height, containing no openings greater than 4 inches except for self-closing and self-latching gates on which the latch is at least 4 feet above ground level, in order that full control of access by children may be maintained.

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  • §7.24 Sidewalks: (This Entire Section added April 19, 2019 by Ordinance 2019-01)

    • 7.24.1 Maintenance and Repair of Existing Sidewalks is the Responsibility of the Owner. Property

  • a. To avoid trip and fall accidents, hazardous sections of sidewalks shall be repaired or replaced promptly. 

    - b. An encroachment permit from the City is required before repair work can begin. 

- c. Repaired or replaced sections of sidewalk shall match the form, texture and color of the original sidewalk on the block to the satisfaction of the City Engineer. 

- d. Width of repaired sidewalk shall match existing sidewalk width. 

- e. Replacement driveway and corner cuts shall use ADA standard

    • 7.24.2 New Construction. a. Comply with City Standards (7.24.3) and current ADA requirements.

    • 7.24.3 Design Standards.

      • a. All new sections of sidewalks shall match the form, texture and color of the original sidewalk on the block to the satisfaction of the City Engineer. To

        • match historic sidewalks:

        • i. Concrete shall be tinted at a ratio of 2 to 3 lbs. lamp per cubic yard of 3/8”- 6-sack concrete.

        • ii. Finishing work shall include an exposed aggregate surface, not a broom finish.

        • iii. Stress relief lines shall match the pattern of the existing sidewalk. In the absence of an adjoining sidewalk, the default pattern will be 2’-6” squares.

  • §7.25 Tract Offices: Temporary tract offices located on the premises of the subdivision shall be allowed with a use permit, in conjunction with the sale of lots in a subdivision.

  • §7.26 Vacation Rentals: (This Section added by Ordinance 2017-01 on September 20, 2017)

    • 7.26.1 PURPOSES AND SCOPE: The specific purposes of vacation rental regulations are:

      • a. To regulate the location and number of vacation rentals within Ferndale.

      • b. To mitigate impacts on parking by requiring the use of existing off-street parking facilities.

      • c. To minimize disruptions to and protect the character of Ferndale.

      • d. To minimize disruptions to neighborhoods.

      • e. To require a vacation rental to operate with a valid business licenses and pay all applicable taxes and fees.

    • 7.26.2 DEFINITIONS: For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      • a. BUSINESS LICENSE . Business license means the license required by Chapter 5.04 of this Code.

      • b. GUEST GUIDE . A document provided to occupants by the property owner that summarizes general rules of conduct, consideration, respect, and potential remedial actions. In particular provisions, for parking, occupancy limits, emergency response, and 3/6/2014 City of Ferndale Zoning Ordinance 02-02 Page 58 minimizing noise and quiet hours shall be included.

      • c. OCCUPANT . As used in this chapter, an occupant is a person sleeping overnight at a vacation rental.

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  • f. PROPERTY . A parcel of land in its entirety, including all structures within the parcel boundaries.

  • g. TRANSIENT OCCUPANCY TAX . A tax charged to transients for the privilege of overnight accommodation.

  • h. TRANSIENT USE . Any use of a dwelling or portion thereof to provide temporary, overnight accommodations to an occupant for compensation. For purposes of this definition, “temporary” means 30 days or fewer.

    • i. VACATION RENTAL . An entire residential property containing a single-family residence including any detached guest quarters that is rented to one party at a time for transient use with no owner or manager on site. The dwelling shall provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

    • j. VISITOR . A guest of an occupant visiting temporarily at a vacation rental, but not an overnight “occupant”.

  • 7.26.3 GENERAL PROVISIONS

    • a. Permit.

      • i. No property may be used as a vacation rental without first obtaining a permit from the City pursuant to this chapter. Except as otherwise required below, the review and issuance of a vacation rental permit shall be a ministerial act, without discretionary review or public hearing.

      • ii. The maximum number of active Vacation Rental permits shall be twentyfour (24).

      • iii. Property owners with a permitted Vacation Rental in Ferndale shall not be issued an additional concurrent Vacation Rental Permit.

      • iv. Vacation rental permits shall be subject to annual review and renewal by the City.

        • Except as expressly provided herein, a vacation rental permit shall expire without further action of the City if any of the following events occur: (a) the business license for the operation of the vacation rental becomes invalid or expires without being renewed within 10 days of the expiration date; (b) any tax applicable to the property or business is delinquent for more than 30 days; or (c) the property is declared to be a nuisance pursuant to this Code and the nuisance condition is not cured within 30 days.

        • If the permit expires, a new vacation rental permit shall be required.

      • v. Upon the transfer or conveyance of property for which a valid, nonexpired vacation rental permit has been issued, the permit shall remain valid and inure to the new property owner, provided that the new property owner completes an application to renew the permit and obtains a business license to operate the vacation rental within two months of the date of the transfer or conveyance.

    • b. Complete and accurate applications for vacation rental permits shall be filed with the City Clerk on forms provided by the City.

    • c. Fees. Vacation rental permit applications shall be accompanied by fees established by resolution of the City Council to cover the cost of handling the application and inspections as prescribed in this subchapter.

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  • d. Business License. Following the approval of a vacation rental permit, the property owner or vacation dwelling unit manager shall obtain a business license before commencing operations.

  • 7.26.4 DEVELOPMENT STANDARDS. All vacation rentals shall comply with the following development standards.

  • a. Minimum separation. Within any R District where permitted, the minimum distance between Vacation Rentals shall be 600 feet as measured from the property line. Upon written application and payment of a fee, the Planning Commission, following a public hearing, may grant a reduced distance waiver.

    • b. Each applicant shall designate a local contact on the application form, including a phone number and email address. That contact may be the property owner, property manager, or designee, and that person shall live within 30 miles of the city limits so that he or she can respond personally to an emergency. The City shall forward the contact phone number to the Ferndale police and FVFD dispatch. The property owner shall immediately notify the City Clerk in writing of any changes to the designated contact person or number.

    • c. Visitors are allowed on the premises between 7:00 a.m. and 10:00 p.m. d. Events. In any R District where permitted, events that include more than 12 visitors shall require a special event permit.

    • e. Trash and refuse shall not accumulate or be stored within public view.

    • f. Emergency preparedness information regarding local hazards, such as earthquakes and ocean related hazards, in a form approved by the city shall be posted within the vacation rental in an easily visible location, such as the entry or kitchen area.

    • g. The property owner shall act in good faith to resolve complaints regarding the vacation rental, and engage in dispute resolution with neighbors. The City shall investigate any vacation rental with recurrent emergency calls or complaints.

    • h. If the vacation rental owner or contact is deemed to be negligent in responding to an emergencies or disturbances of the peace more than 2 times in a 12-month period, or if more than 2 documented law enforcement violations occur in any 12-month period, the vacation rental permit may be revoked. The City may also revoke a permit if the vacation rental is deemed chronically non-compliant with the provisions of this chapter, or is negligent or remiss in correcting noted Building or Fire Code violations or issues. Documented, significant violations may include copies of citations, written warnings, or other documentation maintained by law enforcement, Fire Department, or Building Department.

    • i. Vacation rentals with gated entries shall have a Fire Department approved device that permits emergency response vehicles and personnel to enter the property.

    • j. Existing off-street parking, including covered parking, as required for dwellings in 7.16.2 shall be reserved for occupants of the vacation rental. Occupants shall be encouraged to park in existing legal off-street parking spaces.

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  - k. The existence of the vacation rental shall not be apparent beyond the boundaries of the property. The vacation rental shall not change the residential or commercial character of the property or neighborhood by the use of colors, materials or lighting.

  • 7.26.5 APPLICABLE TAXES: The rental or other contractual use of a vacation rental shall be subject to a Transient Occupancy Tax (“TOT”) and any other mandated taxes. Each vacation rental owner and/or manager shall comply with Article 9 of the City’s Business Ordinance (06-01) that addresses the collection, record keeping, reporting and remittances of applicable TOT.

    • 7.26.6 APPEALS

      • a. Except as provided in division (b) of this section, within fifteen (15) days following a decision of the Planning Commission on a Vacation Rental distance waiver permit application, that decision may be appealed to the City Council by the applicant or any property owner located within 300 feet of the vacation rental property. An appeal shall be filed with the City Clerk, and state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Commission. Notice of the date, time and place of an appeal to the City Council shall be provided to all property owners located within 300 feet of the vacation rental property at least ten days prior to the appeal meeting.

      • b. The decision of the City Manager to deny the annual permit renewal may be appealed to the Planning Commission solely by the applicant.

  • §7.27 Yards. The minimum yard requirements set out in Articles V and VI shall be subject to the regulations of this Section:

    • 7.27.1 Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of 2 ½ feet into such yards. Uncovered porches or stairways, fire escapes or landings may extend a maximum of six (6) feet into front or rear yards and three (3) feet into side yards

    • 7.27.2 Detached accessory buildings shall not be located within five (5) feet of any main building nor within five (5) feet of a side line on the front ½ of the lot. Detached accessory buildings shall not be located nor constructed so that any part, including cornices and eaves, are closer than one (1) foot of a side line or rear line of the lot when located on the rear one-half of the lot. Detached accessory buildings used as a guest house shall not be located within five (5) feet of lot lines, nor within five (5) feet of an alley. Accessory buildings attached to the main buildings shall be structurally a part and shall comply with the main building yard requirements

    • 7.27.3 In any R Zone, where more than one-half of the block is occupied with buildings, the required front yard shall be the average of those of the improved sites, to a maximum of that required for the zone

    • 7.27.4 If any building is so located on a lot that the front or rear faces any side lot line, it shall be at least 10 feet from such side lot line.

    • 7.27.5 Any dwelling located in a C or M Zone, except a dwelling over a commercial establishment, shall provide side and rear yards as required in R-3 Zones

  • 7.27.6 The side yard of a corner lot shall be equal to the front yard of its key lot if any part of the main building on the corner lot is within 25 feet of the rear lot line, and shall be equal to one-half of the front yard of such key lot if all parts of the main building are more than 25 feet from the rear lot line.

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  • 7.27.7 (This section added by Ord. 07-01 on 2/12/07) On lots that include a right of way (street, sidewalk, or other), the setback is measured from the right of way. (End of section added by Ordinance 07-01 on 2/12/07)

  • 7.27.8 Flag lot: the front of the lot shall be as that defined as that interior lot line which is more parallel and closest to the public street, except where due to the irregularity of the shape of the lot the City Manager or their designee may determine otherwise. In computing the area of the flag lot, the area of the corridor shall be excluded.

  • §7.28 Yard Sales: Yard Sales, as defined herein, shall be permitted as appurtenant and accessory uses to any residential use, and shall be conducted in conformity with the following regulations:

    • 7.28.1 The duration of any single yard sale shall be for no more than three (3) consecutive days.

    • 7.28.2 Not more than three (3) yard sales may be conducted within any one year period. 7.28.3 Yard sales shall be restricted to daylight hours and no overnight exterior storage of yard sale merchandise shall be permitted.

    • 7.28.4 The entire §7.27.4 was repealed by Ordinance 2013-02 Sign Ordinance.

    • 7.28.5 The Planning Commission by Special Permit may modify or waive any or all of the above conditions upon a showing of good cause and following a public hearing on the request. In approving such a modification or waiver, the Planning Commission shall find that granting of the modification or waiver would not be detrimental to the health, peace, comfort, safety, or welfare of persons owning property or residing in the vicinity of the parcel receiving the adjustment.

  • §7.29 (Begin sections amended by Ord. 2025-06 on 11/19/2025) Demolition of Existing Hotels, Motels, and Multifamily Buildings

    • 7.29.1 Purpose and Scope

The purpose of this section is to establish a process and standards for evaluating requests for the demolition of existing hotels, motels, and multifamily buildings regardless of age, location, or zoning, and buildings and structures in the Main Street Historic District as designated in 1994 by the National Park Service, and on individually designated historic properties that are listed on the National Register of Historic Places.

  • 7.29.2 Definitions

For the purposes of this section, the following words are defined:

“Building” as used in this section shall have the same meaning as §3.17 “Building”.

  • “Hotel” as used in this section shall have the same meaning as §3.39 “Hotel”.

  • “Motel” as used in this section shall have the same meaning as §3.51 “Motel”.

“Multifamily” as used in this section shall have the same meaning as §3.28.3 “Dwelling, Multiple” or §3.28.5 “Dwelling Group”.

  • “Non-transient” as used in this section shall mean a rental or lease for a term of thirty (30) days or more for the use as living quarters.

  • “Protected unit” means a dwelling unit, excluding a manager’s unit, in a hotel, motel, or multifamily building used on a non-transient basis and subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or subject to any other form of rent or price control through a public entity’s valid exercise of its police power.

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“Structure” as used in this section shall have the same meaning as §3.70 “Structure”.

  • 7.29.3 Review Required

    • No existing hotels, motels, or multifamily buildings located in any zone, or any buildings or structures in the Main Street Historic District as designated in 1994 by the National Park Service, or on individually designated historic properties that are listed on the National Register of Historic Places may be demolished and no building permit for demolition may be issued without approval pursuant to this chapter except as provided in Section §7.xx.xx Exceptions to Review Process.

  • 7.29.4 Exceptions to Review Process The following is exempted from the demolition review process as detailed in §7.29.5 through §7.29.8: 

    - a. After consulting with the City Building Inspector or City Engineer, the City Manager may issue a demolition permit for a hotel, motel, and multifamily building, or any buildings or structures in the Main Street Historic District as designated in 1994 by the National Park Service, or on individually designated historic properties that are listed on the National Register of Historic Places that they determine to be an imminent hazard to public safety, either to the subject property or to neighboring properties, and where demolition is the only feasible means to secure the public safety. The City Manager shall issue their determination in writing. Prior to demolition of any such building, the applicant will measure and photo document the resource, where safety permits, and submit the documentation to the City Clerk.

  • 7.29.5 Process for Demolition Requests for Hotels, Motels, and Multifamily Buildings Prior to the demolition of any hotels, motels, or multifamily buildings, or any buildings or structures in the Main Street Historic District as designated in 1994 by the National Park Service, or on individually designated historic properties that are listed on the National Register of Historic Places the following is required: 

    - a. Application for a demolition shall be filed in the office of the City Clerk upon a form provided, and shall be accompanied by a filing fee and by such other information as may be required to describe fully the proposed demolition. Said filing fee shall be fixed by resolution of the City Council at such sum as it may determine necessary. 

   - i. For any building or design review permit application where demolition is also proposed, permits shall be processed and issued concurrently.

  • b. The City Manager, or their designee, will forward the demolition application to the Planning Commission for consideration pursuant to §7.x.x where they determine that satisfactory evidence has been provided by the applicant that documents all of the following: 

       - i. That the building or structure is less than fifty years of age and is not listed or eligible for listing on a cultural or historic resources register. 

   - ii. The building does not include any protected units; or any protected unit that is demolished will be replaced with an equivalent unit that complies with the affordability requirements specified in subparagraphs (B) to (D) of Government Code Section 65915(c)(3), and as they may be amended from time to time. 

- c. Where the building or structure is fifty years or older or is listed or may be eligible for listing on a cultural or historic resources register, the City Manager

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or their designee will require preparation of a cultural resource evaluation in conjunction with the demolition permit application. The applicant is responsible for the cost of preparing the cultural resource evaluation. 

  - i. The cultural resources evaluation, prepared by a qualified consultant, shall determine the potential eligibility of the building for listing, individually and/or as a contributor to a potential district, on a cultural resources register. 

  - ii. Concurrently with the preceding, the City Manager or their designee shall forward the application to cultural resources agencies and experts as they may deem necessary for review and comment. 

  - iii. Buildings or structures determined eligible for listing, individually and/or as a contributor to a potential district, on a cultural resources register shall be referred to the Planning Commission for consideration as follows subject to the findings in §7.x.x.

  • d. The City Manager or their designee shall forward a report to the Planning Commission, including comments and recommendations received in response to consultations pursuant to paragraph C and schedule the application for a public hearing before the Planning Commission.

  • 7.29.6 Planning Commission Findings for Approving Demolition Requests

    • a. The Planning Commission may approve the demolition application for an hotel, motel, or multifamily building, or any buildings or structures in the Main Street Historic District as designated in 1994 by the National Park Service, or on individually designated historic properties that are listed on the National Register of Historic Places only after first finding all of the following:

      • i. The Planning Commission determines that the building does not include three (3) or more protected units; or determines that any protected unit that is demolished will be replaced with an equivalent unit that complies with the affordability requirements specified in subparagraphs (B) to (D) of Government Code Section 65915(c)(3), and as they may be amended from time to time.

  • ii. The Planning Commission determines that demolition of the building is consistent and does not conflict with the City's goals, policies, and programs with respect to the management and protection of historic resources in the City as reflected in the City's general plan. 

    - iii. The requested demolition complies with the California Environmental Quality Act.
    • b. If the Planning Commission approves the issuance of a demolition permit, the demolition permit shall not be issued for a period of ten (10) business days from the date of the Planning Commission action to allow for filing of an appeal to the City Council.

  • 7.29.7

  • Appeals

  • a. Appeal procedures. Appeals of actions pursuant to this section shall be carried out in accordance with the appeal procedures established in Article 11 of the Ferndale Zoning Ordinance.

  • b. Stay of issuance of demolition permit. If the City Council approves the issuance of a demolition permit, the demolition permit shall not be issued for a period of ten (10) business days from the date of the City Council action to allow for filing of a judicial appeal.

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  • 7.29.8 Expiration of Decision; Permit Expiration 

    - a. A demolition permit must be obtained from the City Clerk after demolition is approved by the Planning Commission. A demolition permit must be secured within one (1) year after the date of the decision approving demolition unless: 

   - i. Conditions of Planning Commission approval establish a shorter expiration period, 

   - ii. An extension has been issued by the City Clerk, or 

   - iii. A demolition permit has been issued by the City Clerk. Upon application by the property owner filed prior to the expiration of a demolition permit approved by the Planning Commission, the City Manager or their designee may approve up to one (1) additional year unless a demolition permit already has been issued by the City Clerk.

  • 7.29.9 Lot Maintenance After Demolition; Violation All lots shall be maintained in a clean, safe and aesthetically pleasing manner after demolition. Failure to comply shall be considered a violation subject to the penalties provided in Ordinance No. 06-04.

  • §7.30 Single Room Occupancy Housing (or SRO)

    • 7.30.1 Purpose.

      • This Section provides for the regulation of single room occupancy (SRO) housing facilities that do not meet the State definitions for transitional housing or supportive housing, as such SRO housing facilities shall be regulated as transitional housing or supportive housing. SRO housing facilities are intended to provide housing opportunities for lower-income one- or two person households who may not be able to afford other housing options. SRO housing units are rented out as a permanent residence and/or primary residence to individuals, within a multi-tenant building where tenants may share a kitchen, toilets or bathrooms. Some SRO units may have a small refrigerator, microwave and sink.

    • 7.30.2 Applicability.

  • a. SRO housing facilities shall be permitted in the Residential Two-Family (R2), Residential Multiple-Family (R3), Neighborhood Commercial (C1), and Community Commercial (C2) zones in the same manner as other residential uses in the zone when they comply with the development standards of the applicable zone, are located, developed, and operated in compliance with the General Provisions and Standards identified in this Section.

    • 7.30.3 General Provisions and Standards. A Single Room Occupancy (SRO) housing facility shall be located, developed, and operated in compliance with the following standards and requirements: 

      - a. Except for a manager’s unit, SRO units shall be provided at rents affordable to individuals and households with lower incomes as defined by the California Department of Housing and Community Development’s State income limits for Humboldt County. 

- b. No transient occupancy of SRO units shall be allowed. Tenancy of SRO units shall be for 30 or more days. SRO unit tenants shall not have an additional residential address other than the address of the SRO housing facility in which the unit is located.

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  • c. Maximum Occupancy. Each SRO unit shall be designed to accommodate a maximum of 2 persons. Occupancy of SRO units may be restricted to seniors or be available to persons of all ages.

  • d. Minimum Size. An SRO unit must have at least 150 square feet of floor area for single person occupancy and 220 square feet for two (2) person occupancy. No individual unit may exceed 375 square feet.

  • e. Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.

  • f. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

  • g. Kitchen. An SRO unit is not required to, but may, contain food preparation facilities.

  • h. Common Area. Four (4) square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least 200 square feet of interior common space provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

  • i. Facility Management. The agency, organization, or entity operating the SRO housing facility shall provide full-time on-site management. The facility shall include a manager’s office or a manager’s unit.

  • j. Parking. One (1) space for every two SRO units, plus one (1) space for the management unit or office and 1 space for each employee, if any, on maximum shift.

  • k. Common laundry facilities for tenant use shall be provided.

  • i. For an SRO housing facility consisting of 10 or fewer SRO units, common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer, in addition to a laundry sink and folding area.

    • ii. For SRO housing facility consisting of greater than 10 SRO units, common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer for the first ten (10) rooms, with one (1) additional washer and one (1) additional dryer provided for every five (5) additional rooms or fraction thereof.

    • iii. The requirement for common on-site laundry facilities may be waived where it can be shown that a laundry facility open to the public is located within one-eighth (1⁄8) of a mile from the project site.

  • l. l. Storage for tenants. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.

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§7.31 Supportive Housing Developments

  • 7.31.1 Purpose.

This Section provides for the regulation of supportive housing developments as required by Sections 65650 through 65656 of the California Government Code, as amended. Section 65651 prescribes that qualifying supportive housing developments shall be a by right use in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses when specific requirements are met. Government Code Sections 65651 through 65656 establish specific requirements for the regulation of supportive housing developments. This Section is intended to comply with the standards in Sections 65650 through 65656 of the California Government Code to the greatest extent feasible.

  • 7.31.2 Applicability.

The provisions of this Section apply to all lots in zones that permit multifamily and mixed uses, including nonresidential zones that permit multifamily uses, that is the Residential Two-Family (or R2), Residential Multiple-Family (or R3), Neighborhood Commercial (or C1), and Community Commercial (or C2) zones. Supportive Housing Developments shall comply with objective development standards and policies that apply to other multifamily development within the same zone.

  • 7.31.3 General Provisions.

    • A supportive housing development developed pursuant to Government Code Section 65650 et seq., consisting of fifty (50) units or less, that meets all of the following requirements and is permitted in the Residential Two-Family (or R2), Residential Multiple-Family (or R3), Neighborhood Commercial (or C1), and Community Commercial (or C2) zones, provided:

      • a. Units within the development are subject to a recorded affordability restriction for fifty- five (55) years.

      • b. Affordability. One hundred percent (100%) of the units, excluding managers’ units, within the development must be restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Lower income households has the same meaning as defined in Section 50079.5 of the California Health and Safety Code. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.

      • c. Supportive Housing Units. At least 25 percent (25%) of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population as defined in subparagraph (d) of Government Code Section 65650. In developments with fewer than 12 units, one hundred percent (100%) of those units, excluding managers’ units, must be restricted to residents in supportive housing.

      • d. Services Plan. The applicant shall submit a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project as required by Section 65651, and describing those services, which must include all of the following:

        • i. The name of the proposed entity or entities that will provide supportive services.

  • ii. The proposed funding source or sources for the provided onsite supportive services.

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  - iii. Proposed staffing levels.

  • e. Replacement Dwelling Units. The supportive housing development shall replace rental dwelling units in the manner provided in Section 65915 of the California Government Code.

  • f. Facilities. Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

  • g. Supportive Services Floor Area. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for onsite supportive services. For a development with more than 21 units, at least three percent (3%) of the total nonresidential floor area must be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

  • h. Parking. A supportive housing development that is located within one-half mile walking distance of a public transit stop shall not require parking for units within the supportive housing development that are designated for supportive housing residents.

  • i. Any other requirements of Government Code section 65650 et seq. regarding supportive housing, as may be amended.

  • 7.31.4 Review Procedures.

    • a. The City shall approve a supportive housing development that complies with the applicable requirements of this Section.

    • b. The City shall only require the supportive housing development to comply with the objective development standards and policies that apply to other multifamily development within the same zone.

    • c. The City shall notify the developer whether the application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this Section. The City shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.

    • d. The City’s review of a supportive housing development to determine whether the development complies with objective development standards, including objective design review standards, pursuant to this Section shall be conducted consistent with the requirements of subdivision (f) of Section 65589.5 of the California Government Code, and shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

    • e. Any discretion exercised by the City in determining whether a project qualifies as a use by right pursuant to this Section or discretion otherwise exercised pursuant to this section does not affect that City's determination that a supportive housing development qualifies as a use by right pursuant to this Section. (End sections amended by Ord. 2025-06 on 11/19/2025)

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