To determine if a site or building is appropriate for your proposed use, complete and fill out a Zoning Determination (ZDR) form prior to leasing or completing a purchase. The ZDR determines if the site is zoned correctly for the proposed use. It also determines if there are any additional special approvals required.
If a use is approved the project may proceed on two potential tracks.
If no site plan approval is required, the applicant may proceed directly to the Certificate of Occupancy process through the Permit Center. A Certificate of Occupancy is NECESSARY prior to opening any business in the City.
Site Plan Review & Approval:
If a site plan approval is required, the applicant must submit plans in conformance with Article 11, Site Plan Review of the City’s Zoning Ordinance. Complete site plan packages are submitted to the CED department for review. Plans are reviewed and a determination is made regarding the plans compliance with applicable requirements. The plan may be approved administratively, (by the CED Director), or forwarded to the Planning Commission for approval.
Special Land Use (SLU):
The City’s Zoning Ordinance identifies what uses are allowed within each individual zoning district. Those uses are divided into two categories, Permitted and Special Land Uses. Permitted uses are uses that are allowed by right within the district. An applicant must only demonstrate technical compliance with the dimensional requirements of the ordinance for approval.
Special Land Uses are uses that may be allowed in the district only after review of an additional set of criteria, (Article 12 of the City’s Zoning Ordinance). These criteria are established to protect the districts from uses that may be more intense than the permitted uses within that district. SLU’s require a Public Hearing in front of the Planning Commission and City Council Approval. All Special Land Use requests must be accompanied by plans and information demonstrating compliance with current zoning requirements and SLU criteria.
There are three types of requests, Use Variances, Dimensional Variances and Sign Variances.
A Use Variance is a request to allow a specific use in a zoning district where it is not currently permitted. Use Variances are NOT permitted in the City of Ferndale.
A Dimensional Variance, (or Non-Use Variance), is a request to vary from a specific dimensional requirement within the Code of Ordinance. Variance requests are subject to a specific set of requirements identified in Article 18 of the City’s Zoning Ordinance. Any application must address all of the identified criteria. Dimensional Variances are heard by the City’s Board of Zoning Appeals. The board MUST agree that an applicant meets all of the necessary requirements prior to approving a request.