§ 16.60.030.7. Grandfathered uses of structures and premises.

Grandfathered uses may be continued so long as they remain otherwise lawful, subject to the following provisions:

1.

A structure devoted to a grandfathered use may be expanded. Expansions shall conform to all requirements effective at the time of expansion, and provide all required parking on site. No additional dwelling units or expansion of residential capacity (e.g., nursing and retirement homes) are allowed.

2.

Change of use to grandfathered use of equal or lesser intensity.

a.

Any grandfathered use of a structure, or structure and premises, may be changed to any other use which would be grandfathered in that district provided that the proposed use is of equal or lesser intensity than the existing grandfathered use and is approved by the POD. Factors used to determine intensity of use shall include traffic generation, service use (loading, unloading, and delivery activity), adverse impacts such as odors and noise, resident or client base, and hours of operation.

b.

If the proposed use is a special exception use in the zoning district and is of equal or lesser intensity, the POD may permit the change, subject to conditions based on compliance with this chapter.

c.

The POD shall provide written and posted notice prior to making a decision. Decisions of the POD may be appealed to the Development Review Commission.

3.

If a grandfathered use of a structure, or structure and premises, is abandoned, the use of the structure or structure and premises shall thereafter conform to the regulations for the district in which the structure is located unless reinstated pursuant to this chapter. For a multi-tenant property, this provision applies if the grandfathered use of the entire structure is abandoned. Maintenance of grandfathered status for any portion of the structure shall be sufficient to maintain the grandfathered status for the entire structure.

4.

Where a grandfathered use of structure, or structure and premises in combination, is changed to a conforming use, a grandfathered use shall not thereafter be reestablished. For multi-tenant, nonresidential properties, this provision applies to the actual space where the grandfathered use was located and not to the entire property.

5.

Should a structure housing a grandfathered use be destroyed or demolished, the structure may be reconstructed, pursuant to a redevelopment plan approved pursuant to this chapter, in compliance with the requirements of the district in which it is located.

(Code 1992, § 16.60.030.7; Ord. No. 985-G, §§ 93, 94, 7-15-2010; Ord. No. 100-H, § 3, 12-19-2013)