Chapter 18.16
ZONES, MAPS AND BOUNDARIES
Sections:
18.16.010 Land use zones established.
18.16.030 Rules of construction.
18.16.050 Scope of regulations.
18.16.060 Official zoning map.
18.16.010 Land use zones established.
A. In order to classify, segregate and regulate the uses of land, buildings and structures, the City is divided into the following land use zones:
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Residential Low – Single-Family Dwelling |
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Residential Medium – Single-Family Dwelling |
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Residential High – Single-Family Dwelling |
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Residential Multifamily – Medium |
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Residential Multifamily – High |
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Residential-Office |
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(Residential and single-family use must meet minimum or averages of those shown in appropriate zones) |
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Urban Residential |
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City Center |
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General Business |
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Mixed Use Commercial |
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Regional Retail |
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Manufacturing |
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Light Industrial |
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Public/Institutional |
(Ord. 2151 § 1 (Exh. 1), 2020; Ord. 1969 § 4 (Exh. 5), 2016; Ord. 1877 § 1, 2014; Ord. 1528 § 1, 2009; Ord. 1400 § 2, 2006)
18.16.020 Zone maps.
The boundaries of the land use zones referred to in FMC 18.16.010 shall be determined and defined or redefined from time to time by the adoption of area zone maps covering the City, showing the geographical area and location of said zones, which map or maps shall be filed with the Community Development Director, and be permanently displayed in his or her office or such other office as the City Administrator shall designate. Each said zone map shall be, upon its final adoption, a part of the zoning ordinance codified in this chapter, and said map, and all notations, references and other information shown thereon, thereafter shall be as much a part of this title as though all matters and information set forth on said map were fully described herein. Nothing shall limit the Community Development Director from amending the map to reflect scrivener’s errors or to update the map administratively to show recent development activity including but not limited to parcel reconfiguration, street names, or subdivisions.
The City’s geographic information system (GIS) map shall be updated periodically based upon the official zoning map, but shall not replace the official zoning map for the purposes of this chapter. (Ord. 1877 § 1, 2014; Ord. 1400 § 2, 2006)
18.16.030 Rules of construction.
When uncertainty exists as to boundaries of any land use zone shown on said sectional area zone maps, or official zone map, the following rules of construction shall apply:
A. Where zone boundaries are indicated as running approximately following the centerline of streets, alleys or highways, the actual centerline shall be construed to be the boundary.
B. Where zone boundaries are indicated as running approximately parallel to the centerline of the street, the boundary line shall be construed to be parallel to the centerline of the street.
C. Where zone boundaries are indicated on such map as approximately following the lot or tract lines, the actual lot or tract lines shall be construed to be the boundaries of such zone.
D. Where a zone boundary on such sectional maps divides a tract in unsubdivided property, the location of such zone boundary, unless the same is indicated by dimensions thereon, shall be determined by use of the scale appearing on such sectional area zone map.
E. Zone boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.
F. Boundaries indicated as following railroad lines shall be construed to be the centerline of the right-of-way.
G. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion shall revert shall apply to such vacated or abandoned street or alley.
H. In the case uncertainty exists which cannot be determined by application of the foregoing rules, the Planning Commission shall recommend and the City Council determine the location of such zone boundaries. (Ord. 1877 § 1, 2014; Ord. 1400 § 2, 2006)
18.16.040 Zone boundaries.
The boundaries of such zones shown upon any sectional area zone map adopted by the ordinance codified in this chapter, or amendments thereto, are adopted and approved and the regulations of this title governing the uses of land, buildings and structures, and other matters as herein set forth are established and declared to be in effect upon all land included within the boundaries of each and every zone shown upon each sectional area zone map. (Ord. 1877 § 1, 2014; Ord. 1400 § 2, 2006)
18.16.050 Scope of regulations.
Except as otherwise provided in this title:
A. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building or structure or premises be used, designed or intended to be used, for any purpose or in any manner other than a use listed in this title or amendments thereto for the zone in which such building or structure is located.
B. No building or structure shall be erected, nor shall any existing building or structure be moved, reconstructed or structurally altered, to exceed in height the limit established by this title or amendments thereto for the zone in which such building or structure is located.
C. No building or structure shall be erected, nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by this title or amendments thereto for the zone in which such building or structure is located.
D. No yard or other open spaces provided around any building or structure for the purpose of complying with the regulations of this title or amendments thereto shall be considered as providing a yard or open space for any other building or structure. (Ord. 1877 § 1, 2014; Ord. 1400 § 2, 2006)
18.16.060 Official zoning map.
The official zoning map shall be the final authority as to the current zoning status of land in the City as follows:
A. This title shall consist of the text hereof and also as fully as though contained herein, that certain new zoning map designated as “the official zoning map of the City of Ferndale” identified by the approving signatures of the Community Development Director and the GIS/Mapping Specialist and bearing the same date as the amendatory ordinance codified in this title, which map is now on file in the office of the Community Development Department of Ferndale. The map has been heretofore examined in detail by the City Council after having been considered by the Ferndale Planning Commission and is adopted as part of this title. This title and each and all of its terms are to be read and interpreted in the light of the contents of said map or maps. If a conflict between the map or book of maps and the text of this title is deemed to arise, the text of the title shall prevail.
B. If changes are hereafter made in zone boundaries, designations or other matter portrayed on the official zoning map, such changes shall be made on the map at the direction of the Community Development Director promptly after the amendment has been approved by the City Council.
C. No changes shall be made in the official map or matter shown thereon except in conformance with this section and an unauthorized change of any nature by any person shall be deemed a violation of the terms of this title.
D. Property annexed to the City after the effective date of the ordinance codified in this section shall be zoned as stated in the ordinance approving such annexations. All proposed annexations shall be processed in accordance with Chapter 13.38 FMC.
E. If land is not designated in any specified zone, whether through oversight or intention, it shall be deemed to carry the designation of that adjoining property having the least intensive use. Land in City ownership, if transferred to private or other public ownership, shall be deemed to carry the RS 8 designation unless rezoned through the normal process as specified by FMC 18.94.100. Such appropriate zone designation shall be added to the official zoning map at the direction of the Community Development Director promptly after discovery of the omission.
F. All rezone actions taken by the City Council shall be designated on the official zoning map at the direction of the Community Development Director promptly after the rezone is final. Failure to update the official zoning map in a prompt fashion shall in no way invalidate the final action of the City Council.
G. The official zoning map may be totally replaced when deemed advisable by the City Council, but the Community Development Director shall in such event retain on file the map so replaced.
H. This title, together with its official zoning map, may be collectively referred to in other chapters of the ordinance codified in this title as “this title.” (Amended during 12/14 supplement; Ord. 1877 § 1, 2014; Ord. 1400 § 2, 2006)