This Zoning Ordinance is known and cited as the City of Ferndale Zoning Code, or the “Code”.

This Code establishes comprehensive zoning regulations for the City of Ferndale (“City”) and provides for the administration, enforcement, and amendment of those regulations, in accordance with the provisions of the Michigan Zoning Enabling Act (PA 110 of 2006), as amended, and the Michigan Planning Enabling Act (PA 33 of 2008), as amended.

The purpose and intent of this Code is to:

A. Implement the recommendations of the City’s 2022 Master Land Use Plan, or “MLUP”.

B. Regulate the externalities of development to ensure health, safety, and welfare among land uses and reduce negative impacts on adjacent properties.

C. Promote orderly development and maintain a sense of place consistent with the guiding principles: progressive, inclusive, equitable, healthy, sustainable, thriving, resilient, and connected.

D. Create a diversified and balanced mixture of land uses that support the economic vitality, resilience, tax base, and quality of life in the City.

E. Protect and enhance the natural environment and ensure sustainable building and site design practices.

F. Incentivize quality design that maintains and enhances appearance and resilience of development.

G. Create a safe, balanced, and coordinated multi-modal transportation system that is pedestrian-friendly, inclusive, and accessible, and accommodates the current and future needs of the community.

H. Provide for the efficient administration and enforcement of this Code.

A. This Code applies to every building and lot.

B. Any use not expressly permitted within the Schedule of Permitted Uses is prohibited, unless otherwise reviewed and classified as a similar use by the Community and Economic Development (CED) Director. When determining an accessory use, the CED Director can consider sales, size, intensity of use, or other similar metrics to determine if a use is an accessory use. Any applicant aggrieved by the CED Director’s determination may appeal to the Board of Zoning Appeals.

C. No building or lot is to be used or occupied, and no building or part thereof is to be erected, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with this Code, unless specifically superseded by a law or regulation of the State, or the Federal Government of the United States.

A. More Restrictive. Whenever any provisions of the City Code conflict, the more stringent requirements, regulations, restrictions, or limitations govern. Conversely, whenever the provisions of any other regulation or ordinance impose more stringent requirements than are imposed or required by this Code, the provisions of such law or ordinance govern. The CED Director makes the final determination on which is more stringent. Any applicant aggrieved by the CED Director’s determination may appeal to the Board of Zoning Appeals.

B. Abrogate or Annul. This Code is not intended to abrogate or annul any easement, covenant, or other private agreement, provided that where any provision of this Code is more restrictive or imposes a higher standard than such easement, covenant, or other private agreement, this Code governs.

Should any Section or provision of this Code be declared by a court of competent jurisdiction to be invalid, such decision does not affect the validity of this Code as a whole or any part thereof other than the part so declared to be invalid.

A. The existing zoning regulations of the City being the City of Ferndale Zoning Ordinance Number 1087, as amended, adopted by the City Council on the 8th of March, 2010, and all amendments thereto, are repealed.

B. The existing regulations of the City being the City of Ferndale Ordinance Number 1050, as amended, adopted by the City Council on the 23rd of June, 2008, and all amendments thereto, are repealed.

C. The existing regulations of the City being the City of Ferndale Ordinance Number 1006, as amended, adopted by the City Council on the 13th of February, 2006, and all amendments thereto, are repealed.

D. The existing regulations of the City being the City of Ferndale Ordinance Number 958, as amended, adopted by the City Council on the 12th of August, 2002, and all amendments thereto, are repealed.

This Code is declared to be effective seven days following its publication and adoption on December 16, 2024, in accordance with the Michigan Zoning Enabling Act (PA 110 of 2006), as amended.