(a) Applicability
(1) Except as provided in this section, nonconforming uses and noncomplying facilities are governed by Chapter 18.70 of the Zoning Ordinance.
(2) Any use allowed as a conditional use but legally existing as a permitted use prior to the effective date of amendments to the Zoning Ordinance modifying the allowable uses in the MOR, ROLM, ROLM(E), RP, RP(5), or GM districts shall be considered a conforming use, except that a conditional use permit shall be required if the use is expanded as outlined in Section 18.70.020.
(b) Grandfathered Uses in the GM District
(1) The following uses are grandfathered in the GM District, subject to the provisions in subsection (2):
(A) Retail sales service uses or general business office uses existing on January 13, 1986.
(B) General business office uses existing on September 6, 1984.
(2) The uses specified in subsection (1) may remain as grandfathered uses provided that those uses:
(A) are located in the GM district;
(B) existed on the specified date;
(C) on that date, were lawful permitted uses or conditional uses operating subject to a conditional use permit; and
(D) on that date, were conforming uses.
(c) Permitted Changes
The following regulations shall apply to grandfathered uses in the GM district, as specified in subsection (b) above:
(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, with the following provision:
(A) Unless a design enhancement exception is granted pursuant to Chapter 18.76, remodeling, improvement or replacement shall not:
(i) result in increased floor area or number of rooms,
(ii) result in shifting of building footprint,
(iii) increase the height, length, building envelope, or size of the improvement, or
(iv) increase the existing degree of noncompliance.
(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.
(Ord. 4884 § 2 (part), 2005: Ord. 4883 § 7 (part), 2005)