(a) Applicability
The uses specified in subsection (b) may remain as grandfathered uses provided that those uses:
(1) are located in the specified district;
(2) existed on the specified date;
(3) on that date, were lawful permitted uses or conditional uses operating subject to a conditional use permit; and
(4) on that date, were conforming uses.
(b) Grandfathered Uses
(1) R-2 district:
(A) Professional and medical office uses (except product testing and analysis, and prototype development), existing on July 20, 1978 or such uses which were, prior to July 20, 1978, located in an R-2 district which was imposed by reason of annexation of the property to the city without benefit of prezoning and which, prior to the date of annexation, were lawful conforming permitted uses or conditional uses operating subject to a conditional use permit.
(B) Two-family uses, except where one of the units is a legal nonconforming detached single-family dwelling on a substandard lot size, and multiple-family uses existing on July 20, 1978 or such uses which were, prior to July 20, 1978, located in an R-2 district which was imposed by reason of annexation of the property to the city without benefit of prezoning and which, prior to the date of annexation, were lawful conforming permitted uses or conditional uses operating subject to a conditional use permit.
(2) RMD district:
(A) Professional and medical office uses (except product testing and analysis, and prototype development), existing on July 20, 1978.
(B) Multiple-family uses existing on July 20, 1978.
(c) Permitted Changes
The following regulations shall apply to the grandfathered uses specified in subsection (b):
(1) Such uses shall be permitted to remodel, improve, or replace site improvements on the same site, for continual use and occupancy by the same use, provided that
(A) such remodeling, improvement or replacement shall not:
(i) result in increased floor area;
(ii) result in an increase in the number of offices, in the case of professional or medical office uses, or dwellings, in the case of residential uses;
(iii) result in shifting of building footprint;
(iv) increase the height, length, building envelope, or size of the improvement,
(v) increase the existing degree of noncompliance, except through the granting of a design enhancement exception pursuant to Chapter 18.76.
(2) If a grandfathered use ceases and thereafter remains discontinued for twelve consecutive months, it shall be considered abandoned and may be replaced only by a conforming use.
(3) A grandfathered use which is changed to or replaced by a conforming use shall not be reestablished, and any portion of a site or any portion of a building, the use of which changes from a grandfathered use to a conforming use, shall not thereafter be used except to accommodate a conforming use.
(4) The following additional regulations shall apply to grandfathered professional or medical office uses:
(A) Any remodeling, improvement, or replacement of any building designed and constructed for residential use shall be subject to the issuance of a conditional use permit in accord with Chapter 18.76.
(B) In the event of redevelopment of all or a portion of the site for permitted residential uses, professional and medical office uses may not be incorporated in the redevelopment, except that this provision shall not apply to permanent conversion to residential use of space within an existing structure now used for professional and medical office uses.
(d) Existing Accessory Dwellings and Guest Cottages
In the RE district, accessory dwellings and guest cottages existing on April 28, 1986, and which prior to that date were lawful, conforming permitted uses may remain as legal nonconforming uses. Such uses shall be permitted to remodel, improve or replace site improvements on the same site, without necessity to comply with site development regulations for continual use and occupancy by the same use; provided that any such remodeling, improvement or replacement shall not add a kitchen nor result in increased floor area, number of dwelling units, height, length or any other increase in the size of the improvement without complying with the standards set forth in this subsection and applying for and receiving a conditional use permit pursuant to Chapter 18.76.
(e) (Reserved)
(f) Existing Homes on Substandard Lots
In the R-2 district, single-family and two-family homes on substandard lots, as defined in Section 18.10.040(b), and flag lots existing on August 1, 1991 and which prior to that date were lawful, complying structures, may remain and be remodeled, improved, or replaced without complying with the height and habitable floor limitations for substandard lots specified in Section 18.10.040, provided that:
(1) any such remodeling, improvement, or replacement does not result in a height above seventeen feet or any additional habitable floor area above a first habitable floor, except that any structure damaged or destroyed by a natural disaster (such as fire, flood or earthquake) may be replaced to its previous size without regard to the height and habitable floor limitations imposed by this section; and
(2) in the case of a conflict between the provisions of this section and the provisions of Chapter 18.70, this section shall control.
(Ord. 5412 § 10, 2017: Ord. 4875 § 2 (part), 2005)