Article 12 — NON-CONFORMING USES

• §12.01 Non-Conforming Uses: (This section amended by Ordinance 2014-06 on 2/4/2015) NonConforming Uses: Any use, building or structure, existing on the date a zoning ordinance amendment rendered the use or structure nonconforming, may be continued, even though such use, building or structure may not conform with the provisions of this chapter, except as provided herein:

  • 12.01.1 No such use or building shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property.

  • 12.01.2 Any use for which a use permit is required by these regulations shall be considered a non-conforming use until a use permit is obtained.

  • 12.01.3 If any such use or building after the effective date of the application of these regulations to the subject property is destroyed to the extent of 60% or more, then the subject property shall become subject to the regulations applicable to the subject property, and any subsequent use or buildings shall be in accordance with such regulations.

  • 12.01.4 Any interruption of a non-conforming use, or the use of a non-conforming building which continues for 12 months or more, shall be deemed to be an abandonment of such use, and subsequent use of buildings shall be in accordance with the regulations applicable to the subject property.

  • 12.01.5 Ordinary maintenance and repair may be made to any non-conforming use or building, provided that such maintenance and repair does not exceed 25% of the actual value in any one year.

  • 12.01.6 Any use coming within the provisions of Section 7.04, concerning domestic animals appurtenant to residential uses shall, after the expiration of 6 months from the effective date of these regulations, conform to the provisions of Section 7.04.

  • 12.01.7 Sections 12.01.3 through 12.01.5 are subject to Government Code §65852.25 when applicable to Multifamily Dwellings that are involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy.

  • 12.01.8 Buildings within the Historic District shall be exempt from sections 12.01.3 and 12.01.5, provided any reconstruction, repair or restoration occurs within the building square footage as existing on the effective date of these amendments.

2/23/2025

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City of Ferndale

Zoning Ordinance 02-02

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