(a) Grandfathered Uses
The following uses may remain as grandfathered uses and shall not be subject to the provisions of Chapter 18.70:
(1) RM-20 district:
(A) Professional and medical office uses existing on July 20, 1978 and which, prior to that date, were lawful conforming permitted uses or conditional uses operating subject to a conditional use permit, or which uses were, prior to July 20, 1978, located in an RM-1 or RM-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 and multiple-family uses existing on July 20, 1978 and which, prior to that date, were lawful conforming permitted uses or conditional uses operating pursuant to a conditional use permit, or which uses were, prior to July 20, 1978, located in an RM-1 or RM-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.
(C) Motel uses existing on July 20, 1978, and which, prior to that date, were lawful conforming permitted uses or conditional uses subject to a conditional use permit.
(2) RM-30 district:
(A) Professional and medical office uses existing on July 20, 1978 and which, prior to that date, were lawful conforming permitted uses or conditional uses operating subject to a conditional use permit, or which uses were, prior to July 20, 1978, located in an RM-3 or RM-4 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 and multiple-family uses existing on July 20, 1978 and which, prior to that date, were lawful conforming permitted uses or conditional uses operating pursuant to a conditional use permit, or which uses were, prior to July 20, 1978, located in an RM-3 or RM-4 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.
(C) Motel uses existing on July 20, 1978, and which, prior to that date, were lawful conforming permitted uses or conditional uses subject to a conditional use permit.
(3) RM-40 district:
(A) Professional and medical office uses existing on July 20, 1978 and which, prior to that date, were lawful conforming permitted uses or conditional uses operating subject to a conditional use permit, or which uses were, prior to July 20, 1978, located in an RM-5 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 and multiple-family uses existing on July 20, 1978 and which, prior to that date, were lawful conforming permitted uses or conditional uses operating pursuant to a conditional use permit, or which uses were, prior to July 20, 1978, located in an RM-5 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.
(C) Motel uses existing on July 20, 1978, and which, prior to that date, were lawful conforming permitted uses or conditional uses subject to a conditional use permit
(b) Permitted Changes
The following regulations shall apply to the grandfathered uses specified in subsection (a):
(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 such remodeling, improvement or replacement:
(A) shall not result in increased floor area;
(B) shall not result in an increase in the number of offices, in the case of professional or medical office uses, or dwelling units, in the case of residential or motel uses;
(C) shall not result in shifting of building footprint;
(D) shall not increase the height, length, building envelope, or size of the improvement,
(E) shall not increase the existing degree of noncompliance, except through the granting of a design enhancement exception pursuant to Chapter 18.76, with respect to multiple-family, professional and medical office, and motel uses, or a home improvement exception pursuant to Chapter 18.76, with respect to two-family use.
(F) in the RM-20 district, such remodeling, improvement, or replacement shall be for continual use and occupancy by the same use.
(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.
(Ord. 5460 § 15, 2019: Ord. 4964 § 2 (part), 2007)