The following special requirements shall apply in the R retail shopping combining district.
Lawful conforming permitted uses or conditional use operating pursuant to a conditional use permit which were existing on April 26, 1984 may remain as grandfathered uses and shall not require a conditional use permit or be subject to the provisions of Chapter 18.70. Such uses shall be permitted to remodel site improvements on the same site for continual use and occupancy by the same use; provided, that any such remodeling shall not result in increased floor area, shifting of building footprint or building envelope, or increased height, length or any other increase in the size of the improvement, or any increase in the existing degree of noncompliance. The intentional destruction or demolition of more than fifty percent (50%) of the exterior walls by horizontal linear feet at the ground floor, or, for structures not principally supported by exterior bearing walls, fifty percent (50%) of primary structural elements of an improvement (including columns, and structural frames) shall terminate any right to a grandfathered use or conditional use pursuant to this section, even if the reconstructed improvement does not alter the building footprint, height, length, envelope, size, or degree of noncompliance. If a use deemed grandfathered pursuant to this section ceases and thereafter remains discontinued for twelve consecutive months, it shall be considered abandoned and may be replaced only by a conforming use.
A use deemed grandfathered pursuant to this section 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. 5358 § 6, 2015: Ord. 4826 § 87, 2004: Ord. 4140 § 15, 1993: Ord. 4016 § 29, 1991: Ord. 3519 § 3 (part), 1984)