Three low-density residential districts are defined in this chapter. Requirements for the single-family residential (R-1) district and related subdistricts and combining districts are included in Chapter 18.12. The specific purpose of each low-density residential district is stated below:

   (a)   Residential Estate District [RE]

   The RE residential estate district is intended to create and maintain single-family living areas characterized by compatibility with the natural terrain and native vegetation. The RE district provides locations for residential, limited agricultural, and open space activities most suitably located in areas of very low density or rural qualities. Accessory dwelling unit(s) and accessory structures or buildings are appropriate where consistent with the site and neighborhood character. Community uses and facilities should be limited unless no net loss of housing units would result.

   (b)   Two Family Residential District [R-2]

   The R-2 two-family residence district is intended to allow a second dwelling unit under the same ownership as the initial dwelling unit on appropriate sites in areas designated for single-family use by the Palo Alto Comprehensive Plan, under regulations that preserve the essential character of single-family use. Community uses and facilities should be limited unless no net loss of housing would result.

   (c)   Two Unit Multiple-Family Residential District [RMD]

   The RMD two-unit multiple-family residence district is intended to allow a second dwelling unit under the same ownership as the initial dwelling unit on appropriate sites in areas designated for multiple-family use by the Palo Alto Comprehensive Plan. The RMD district is intended to minimize incentives to replace existing single-family dwellings, maintain existing neighborhood character and increase the variety of housing opportunities available within the community. The maximum density in this zone shall not exceed seventeen dwelling units per acre.

(Ord. 5412 § 3, 2017: Ord. 4875 § 2 (part), 2005)

   The specific regulations of this chapter and the additional regulations and procedures established by Chapters 18.52 to 18.80 inclusive shall apply to all low-density residential districts. Such regulations shall apply to construction of two units on an RE-zoned lot pursuant to California Government Code Section 65852.21 (SB 9, 2021), except as modified by Section 18.42.180.

   Table 1 shows the permitted and conditionally permitted uses for the low-density residential districts.

 

(Ord. 5587 § 4, 2023: Ord. 5574 § 3, 2023: Ord. 5542 § 3, 2022: Ord. 5538 § 3, 2021: Ord. 5412 § 4, 2017: Ord. 4875 § 2 (part), 2005)

   The development standards for the low-density residential districts are shown in Table 2:

 

(b)   Substandard and Flag Lots in R-2 Districts

   The Individual Review provisions of Section 18.12.110 of the Zoning Ordinance shall be applied to any single-family or two-family residence in the R-2 or RMD districts to those sides of a site that share an interior side lot line with the interior side or rear lot line of a property zoned for or used for single-family or two-family dwellings. The individual review criteria shall be applied only to the project’s effects on adjacent single-family and two-family uses. A project that complies with the objective standards for two-story development adopted by the City Council shall not be subject to individual review.

(Ord. 5656 § 5, 2025: Ord. 5645 § 9, 2025: Ord. 5641 § 9, 2024: Ord. 5601 § 2, 2023: Ord. 5587 § 5, 2023: Ord. 5542 § 4, 2022: Ord. 5538 § 4, 2021: Ord. 5412 § 5, 2017: Ord. 5373 § 8 (part), 2016; Ord. 4964 § 9, 2007: Ord. 4875 § 2 (part), 2005)

   The following projections and encroachments into required yards, daylight plane and height are permitted, provided a projection shall not be permitted to encroach into a special setback, as established by the setback map pursuant to Chapter 20.08 of the Palo Alto Municipal Code, except as noted in (a)(1)(D) below.

   (a)   Setback/Yard Encroachments and Projections

      (1)   Horizontal Additions

         In the R-2 district and the RMD district, where a single-family dwelling legally constructed according to existing yard and setback regulations at the time of construction encroaches upon present required yards, one encroaching side (first floor wall) of the existing structure at a height not to exceed 12 feet may be extended in accord with this section. Only one such extension shall be permitted for the life of such building. This subsection shall not be construed to allow the further extension of an encroachment by any building which is the result of the granting of a variance, either before or after such property became part of the city.

         (A)   Front Yard. In cases where the existing setback is less than 20 feet, but at least 14 feet, the existing encroachment may be extended for a distance of not more than 100% of the length of the encroaching wall to be extended; provided, that the total length of the existing encroaching wall and the additional wall shall together not exceed one-half the maximum existing width of such building.

         (B)   Interior Side Yard. In cases where the existing setback is less than 8 feet, but at least 5 feet, the existing encroachment may be extended for a distance of not more than 100% of the length of the encroaching wall to be extended, but not to exceed 20 additional feet.

         (C)   Street Side Yard. In cases where the existing setback is less than 16 feet, but at least 10 feet, the existing encroachment may be extended for a distance of not more than 100% of the length of the encroaching wall to be extended, but not to exceed 20 feet.

         (D)   Special Setbacks. In cases where a Special Setback is prescribed pursuant to Chapter 20.08 of the Municipal Code, and the existing setback is less than the Special Setback distance, but is at least 14 feet for the front setback or at least 10 feet for the street side yard setback, the existing encroachment may be extended for a distance of not more than 100% of the length of the encroaching wall to be extended, provided that the total length of the existing encroaching wall and the additional wall shall together not exceed one-half the maximum existing width of such building.

      (2)   Rear Yard Encroachments for Portions of Homes

         A portion of a main building that is less than half the maximum width of the building may extend into the required rear yard no more than six feet and with a height of no more than one story, except that a corner lot having a common rear property line with an adjoining corner lot may extend into the required rear yard not more than ten feet with a height of no more than one story.

      (3)   Allowed Projections

         (A)   Cornices, Eaves, Fireplaces, and Similar Architectural Features

            For cornices, eaves, fireplaces, and similar architectural features, excluding flat or continuous walls or enclosures of usable interior space, the following projections are permitted:

            (i)   A maximum of two feet into a required side yard. Fireplaces in a required side yard may not exceed five feet in width. Fireplaces not exceeding five feet in width may project into a required side yard no more than two feet.

            (ii)   A maximum of four feet into a required front yard

            (iii)   A maximum of four feet into a required rear yard

         (B)   Window Surfaces

            Window surfaces, such as bay windows or greenhouse windows, may extend into a required side or rear yard a distance not to exceed two feet, or into a required front yard a distance not exceeding three feet. The window surface may not extend into any yard above a first story.

         (C)   Detached Storage Structures

            In addition to the provisions for location of accessory structures under Section 18.12.080(b), the following further projections are permitted. For structures not over six feet in height or twenty-five square feet in floor area, used exclusively for storage purposes, the following projections are permitted:

            (i)   A maximum of two feet into a required side yard.

            (ii)   A maximum of four feet into a required front yard.

            (iii)   A maximum of four feet into a required rear yard.

         (D)   Patios, Decks, Stairways, Landings, Balconies, or Fire Escapes

            For uncovered porches (less than 30 inches above grade), patios, decks, stairways, landings, balconies, or fire escapes the following projections are permitted, provided these projections are not permitted above the first story:

            (i)   A maximum of three feet into a required side yard.

            (ii)   A maximum of six feet into a required front yard.

            (iii)   A maximum of six feet into a required rear yard.

         (E)   Canopy or Patio Cover

            A canopy or patio cover may be located in the required rear yard or that portion of the interior side yard, which is more than 75 feet from the street lot line measured along the common lot line. Such canopies shall be subject to the following conditions:

            (i)   A canopy or patio cover shall not be more than 12 feet in height.

            (ii)   The canopy or patio cover shall be included in the computation of building coverage.

            (iii)   The canopy or patio cover and other structures shall not occupy more than 50 percent of the required rear yard.

            (iv)   The canopy or patio cover shall not be enclosed on more than two sides.

         (F)   Pools, Spas, and Hot Tubs

            (i)   Pools, spas, and hot tubs may extend into a required rear yard a distance not to exceed fourteen feet, provided that a minimum setback of six feet from the property line shall be maintained.

            (ii)   No swimming pool, hot tub, spa, or similar accessory facility shall be located in any portion of a required front or street side yard.

            (iii) No swimming pool, hot tub, spa, or similar accessory facility shall be located closer than six feet from an interior side yard property line.

   (b)   Height Exceptions

      The following features may exceed the height limit established by the specified districts:

      (1)   RE and R-2 Districts: In the RE and R-2 districts, flues, chimneys, and antennas may exceed the established height limit by not more than 15 feet.

      (2)   RMD District: In the RMD district, flues, chimneys, exhaust fans or air conditioning equipment, elevator equipment, cooling towers, antennas, and similar architectural, utility, or mechanical features may exceed the height limit established in any district by not more than 15 feet, provided that no such feature or structure in excess of the height limit shall be used for habitable space, or for any commercial or advertising purposes.

   (c)   Daylight Plane Exceptions

      The following features may extend beyond the daylight plane established by the applicable district, provided that such features do not exceed the height limit for the district unless permitted to do so by subsection (b):

      (1)   RE and R-2 districts:

         (A)   Television and radio antennas;

         (B)   Chimneys and flues, provided that chimneys do not extend past the required daylight plane a distance exceeding the minimum allowed pursuant to Chapter 16.04 of this code;

         (C)   Dormers, roof decks, gables, or similar architectural features, provided that

            (i)   the sum of the horizontal lengths of all such features shall not exceed 15 feet on each side; and

            (ii)   the height of such features does not exceed 24 feet.

         (D)   Cornices, eaves, and similar architectural features, excluding flat or continuous walls or enclosures of usable interior space, provided such features do not extend past the daylight plane more than 2 feet.

      (2)   RMD District:

         (A)   Television and radio antennas; and

         (B)   Chimneys and flues.

(Ord. 4875 § 2 (part), 2005)

   Off-street parking and loading facilities shall be required for all permitted and conditional uses in accord with Chapters 18.52 and 18.54 of this title. The following parking requirements apply in the R-E, R-2, and RMD districts. These requirements are included for reference purposes only, and in the event of a conflict between this Section 18.10.060 and any requirement of Chapters 18.52 and 18.54, Chapters 18.52 and 18.54 shall apply, except in the case of parcels created pursuant to section 18.10.130(c) (subdivision incentive for historic preservation).

   (a)   Parking Requirements for Specific Uses

   Table 3 shows the minimum off-street automobile parking requirements for specific uses.

 

 

   (b)   Parking and Driveway Surfaces

   Parking and driveway surfaces may have either permeable or impermeable paving. Materials shall be those acceptable to public works department standards. Gravel and similar loose materials shall not be used for driveway or parking surfaces within 10 feet of the public right of way.

   (c)   Parking in Yards

      (1)   No required parking space shall be located in a required front yard.

      (2)   No required parking space shall be located in the first ten feet adjoining the property line of a required street side yard.

   (d)   Tandem Parking

   Tandem parking shall be permitted for single-family uses and for single-family uses with a permitted second dwelling unit. Tandem parking is permitted for two-family uses where both spaces in tandem (front space and tandem space) are designated for use by the same unit.

   (e)   Bicycle Parking

   For two family uses, at least one Class I bicycle parking space shall be required.

   (f)   Design of Parking Areas

   Parking facilities shall comply with all applicable regulations of Chapter 18.54 (Parking Facility Design Standards).

   (g)   Parking Facilities on Lots Created Pursuant to Section 18.10.130(c) (subdivision incentive for historic preservation)

   Legal non-conforming parking facilities existing prior to the subdivision of a parcel having a historic residence(s) may be maintained as existing non-complying facilities or may be improved to greater compliance with parking requirements, as approved by the Director of Planning and Development Services or his/her designee. Preservation covenants may allow non-historic residences to be remodeled; however, floor area expansions shall be subject to the Director’s discretionary action regarding improvements to on-site parking conditions associated with such increased floor area and when floor area over 400 square feet is proposed to be added to a non-historic residence having legal non-complying parking facilities prior to subdivision, parking facilities shall be brought into greater compliance with Chapter 18.52, wherever feasible. A subdivided property having no existing on-site parking facilities prior to subdivision may be permitted to continue as such as long as preservation covenants allowing for this continuance and any associated access easements have been recorded.

(Ord. 5587 § 6, 2023: Ord. 5542 § 5, 2022: Ord. 5538 § 5, 2021: Ord. 5494 § 3, 2020: Ord. 5412 § 6, 2017: Ord. 5373 § 8 (part), 2016; Ord. 5051 § 3, 2009: Ord. 4875 § 2 (part), 2005)

Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the regulations set forth in Chapter 18.09.

(Ord. 5587 § 7, 2023: Ord. 5542 § 6, 2022: Ord. 5538 § 6, 2021: Ord. 5412 § 7, 2017)

   Accessory uses and facilities, as referenced in Section 18.10.030, shall be permitted when incidental to and associated with a permitted use or facility in the R-E, R-2, or RMD districts, or when incidental to and associated with an allowable and authorized conditional use therein, subject to the provisions below and of Chapters 18.40 and 18.42.

   (a)   Types of Accessory Uses

   Accessory uses and facilities include, but are not limited to, the following list of examples; provided that each accessory use or facility shall comply with the provisions of this title:

      (1)   Residential garages, carports, and parking facilities, together with access and circulation elements necessary thereto;

      (2)   Facilities for storage incidental to a permitted use; and

      (3)   Recreational uses and facilities for the use and convenience of occupants or employees, or guests thereof, of a principal use or facility;

   (b)   Location and Development Standards

   Except as otherwise provided in this section, accessory buildings shall at all times be located in conformance with requirements for principal buildings, and shall not be located in any required front, side, or rear yard. See Section 18.10.050(a)(3)(C) for allowed encroachments for small storage structures. Accessory buildings may be located in a required interior yard subject to the following limitations:

      (1)   An accessory building shall not be used for living and/or sleeping purposes unless the building was legally constructed for or was legally converted to living and/or sleeping purposes prior to October 13, 1983.

      (2)   An accessory building shall not be located in a required front yard, required street yard, or required rear yard of a through lot.

      (3)   An accessory building shall not be located in a required interior side or rear yard unless the building is at least seventy-five feet from any property line adjacent to a street, measured along the respective lot line. Provided, on corner lots, accessory buildings including detached garages and carports may be located in the rear yard if located at least 75 feet from the front street and at least 20 feet from the side street property lines.

      (4)   Accessory buildings located within a required interior yard as permitted by this section shall be subject to a maximum height established by a daylight plane beginning at a height of eight feet at the property line and increasing at a slope of one foot for every three feet of distance from the property line, to a maximum height of twelve feet.

      (5)   No accessory building shall have more than two plumbing fixtures. Accessory buildings shall not be allowed to be turned into habitable space nor shall these structures be allowed to have showers (indoor or outdoor), gas lines, washer/dryers, and/or cooking facilities to be provided inside or attached to the structure, unless the structure is proposed as an ADU/JADU that satisfies all requirements of the Palo Alto Municipal Code.

      (6)   Accessory buildings located within a required interior yard, as permitted by this section, shall not individually or cumulatively occupy an area exceeding fifty percent of the required rear yard.

      (7)   The minimum distance between separate buildings located on the same site shall be as required by Title 16; provided, accessory buildings in the Residential Estate (RE) district shall be separated from the principal building by at least three feet.

      (8)   A principal building and an accessory building, meeting the requirements of Title 16 and each located on a site as otherwise permitted for principal building and accessory buildings, may be connected by a structure meeting the definition of a breezeway. Such structure, or breezeway, shall be a part of the accessory building.

(Ord. 5585 § 4, 2023: Ord. 4875 § 2 (part), 2005)

   Basements shall be permitted in areas that are not designated as special flood hazard areas, as defined in Chapter 16.52, subject to the following regulations:

   (a)   Permitted Basement Area

   Basements may not extend beyond the building footprint and basements are not allowed below any portion of a structure that extends into required setbacks, except to the extent that the main residence is permitted to extend into the rear yard setback by other provisions of this code. Basements which serve the primary unit may not extend under an attached ADU or JADU to the extent those secondary units utilize the bonus floor area, lot coverage, and/or maximum house size exemptions identified in Section 18.09.

   (b)   Inclusion as Gross Floor Area

   Basements shall not be included in the calculation of gross floor area, provided that:

      (1)   basement area is not deemed to be habitable space, such as a crawlspace; or

      (2)   basement area is deemed to be habitable space but the finished level of the first floor is no more than three feet above the grade around the perimeter of the building foundation. Grade is measured at the lowest point of adjacent ground elevation prior to grading or fill, or finished grade, whichever is lower; or

      (3)   basement area is associated with a historic property as described in Section 18.04.030(a)(65)(D)(vii).

   (c)   Lightwells, Stairwells and Other Excavated Features

   Excavated features shall not affect the measurement of the grade for the purposes of determining gross floor area, so long as such features meet the following provisions:

      (1)   Lightwells, stairwells and similar excavated features along the perimeter of the basement shall not affect the measurement of grade, provided that:

         (A)   such features are not located in the front of the building;

         (B)   such features shall not exceed 3 feet in width;

         (C)   the cumulative length of all such features does not exceed 30% of the perimeter of the basement;

         (D)   such features do not extend more than 3 feet into a required side yard nor more than 4 feet into a required rear yard, but where a side yard is less than 6 feet in width, the features shall not encroach closer than 3 feet from the adjacent side property line;

         (E)   the cumulative length of any features or portions of features that extend into a required side or rear yard does not exceed 15 feet in length;

         (F)   the owner provides satisfactory evidence to the planning division prior to issuance of a building permit that any features or portions of features that extend into a required side or rear yard will not be harmful to any mature trees on the subject property or on abutting properties; and

         (G)   such features have either a drainage system that meets the requirements of the public works department or are substantially sheltered from the rain by a roof overhang or canopy of a permanent nature.

      (2)   Below-grade patios, sunken gardens or similar excavated areas along the perimeter of the basement that exceed the dimensions set forth in subsection (1), are permitted and shall not affect the measurement of grade, provided that:

         (A)   such areas are not located in the front of the building;

         (B)   All such areas combined do not exceed 2% of the area of the lot or 200 square feet, whichever is greater; that each such area does not exceed 200 square feet, and that each such area is separated from another by a distance of at least 10 feet. Area devoted to required stairway access shall not be included in the 200 square foot limitation.

         (C)   the cumulative length of any excavated area or portion thereof that extends into a required side or rear yard does not exceed 15 feet;

         (D)   such features do not extend more than 2 feet into a required side yard nor more than 4 feet into a required rear yard;

         (E)   the owner provides satisfactory evidence to the planning director prior to issuance of a building permit that any features or portions of features that extend into a required side or rear yard will not be harmful to any mature trees on the subject property or on abutting properties;

         (F)   such features have either a drainage system that meets the requirements of the public works department or are substantially sheltered from the rain by a roof overhang or canopy of a permanent nature;

         (G)   any roof overhang or canopy installed pursuant to subsection (F) is within and is counted toward the site coverage requirements established in Section 18.10.040;

         (H)   such areas are architecturally compatible with the residence; and

         (I)   such areas are screened to off site views by means of landscaping and/or fencing as determined appropriate by the planning director.

(Ord. 5585 § 7, 2023: Ord. 5432 § 5, 2018: Ord. 4964 § 10, 2007: Ord. 4875 § 2 (part), 2005)

   In the RE district, agricultural use shall be allowed subject to the following regulations:

   (a)   Keeping and Raising of Livestock

   Keeping and raising of livestock, poultry, or other animals may be conducted accessory to a residential use, and raising of animals for commercial purposes is prohibited.

   (b)   Required Site Area for Keeping of Livestock

      (1)   At least 21,528 square feet (0.5 acre) of site area shall be required for each horse, mule, donkey, cow, steer or similar livestock.

      (2)   At least 21,528 square feet (0.5 acre) of site area shall be required for each three goats, hogs, sheep, or similar livestock.

   (c)   Location of Livestock Facilities

   Barns, stables, sheds, chicken houses, and other similar facilities for the shelter and feeding of animals, exclusive of domestic household pets, shall be located a minimum of 40 feet from any lot line (property line).

(Ord. 4875 § 2 (part), 2005)

   Home improvement exceptions may be granted for existing single-family residences in the R-E, R-2, and RMD districts, pursuant to the provisions of Section 18.12.120 (R-1 Residential District, Home Improvement Exceptions).

(Ord. 4875 § 2 (part), 2005)

   Architectural review, as required in Section 18.76.020, is required in the R-E, R-2, and RMD districts whenever three or more adjacent residential units are intended to be developed concurrently, whether through subdivision or individual applications.

(Ord. 5412 § 8, 2017: Ord. 4875 § 2 (part), 2005)

   (a)   Historic home review, as required in Chapter 16.49 of Title 16 of the Municipal Code, is required in the R-E, R-2, and RMD low density residential districts for alterations or modifications to any residence designated on the City’s Historic Inventory as a Category 1 or Category 2 historic structure as defined in Section 16.49.020 of this code or any contributing structure located within a locally designated historic district.

   (b)   Exemptions to gross floor area requirements are available for historic residences pursuant to the definition of gross floor area in Section 18.04.030(65)(D)(vii). Home improvement exceptions provide for additional square footage and certain other exceptions for historic homes pursuant to Section 18.12.120 (R-1 Chapter).

      (1)   At least one residence is designated on the City’s Historic Inventory as a Category 1, Category 2, Category 3, or Category 4 historic structure as defined in Section 16.49.020 of this code or are contributing structures located within a locally designated historic district or are eligible for listing on the California or National Registers; and

      (2)   No increase in the total number of residences on the site is proposed; and

      (3)   Separate lots are proposed to be created, each with a minimum lot size not less than 4,000 square feet if only one residence is historic; if both residences are historic and subject to a covenant, the allowable minimum lot size is 2,000 square feet; and

      (4)   The resultant parcel lines may create less than minimum lot size (no less than the area stated in item (3) of this section), site width and depth, setback and daylight plane encroachments, floor area and site coverage exceeding the maximum allowable for existing development with respect to each new parcel, without the need for approval of a Variance or Home Improvement Exception, but would not generally increase any existing non-complying building features; however, minor additions for functional improvements may be allowed at the discretion of the Director of Planning and Development Services; and

      (5)   The Historic Resources Board has determined that at least one existing residence on the property has historic integrity and qualifies for listing on the City’s Historic Inventory.

      (6)   A covenant is recorded to run with the land in perpetuity, assuring that the historic residence(s) will be preserved and maintained consistent with the Secretary of the Interior’s Standards for Historic Rehabilitation through compliance with Historic Resources Board review and recommendations. The covenant will stipulate that HRB review is required for all major projects on the site including significant changes to any non-historic residence. Any modifications to a non-historic residence must be compatible with the historic residence and satisfy the Secretary of Interior’s Standards for Historic Compatibility.

      (7)   The two residences on the property were in existence as of January 28, 2009.

      (8)   Application of the state Historic Building Code is available for use on any eligible building.

      (9)   Residences subject to a covenant must meet all government health, life and safety codes.

(Ord. 5494 § 3, 2020: Ord. 5051 § 2, 2009: Ord. 4875 § 2 (part), 2005)

   (a)   Purpose and Applicability

      The neighborhood preservation combining district is intended to modify the regulations of the RMD two unit multiple-family residential district areas where it is deemed essential to maintain the visual and historic character of existing neighborhoods. The combining district is intended to foster retention of existing single-family structures, to foster additions to existing properties without demolition of sound residential structures, and to assure compatibility of design of new residential units with existing structures on the same or surrounding properties.

      Properties in the (NP) combining district are subject to the following regulations:

   (b)   Design Review

      (1)   Purposes

         The purpose of design review of properties in an (NP) combining district is to achieve compatibility of scale, silhouette, façade articulation, and materials of new construction with existing structure on the same property or on surrounding properties within a combining district.

      (2)   Design Review Required

         For properties on which two or more residential units are developed or modified, design review and approval shall be required by the architectural review board in compliance with procedures established in Section 18.76.020 for any new development or modification to any structure on the property and for site amenities. No design review is required for construction of or modifications to single-family structures that constitute the only principal structure on a parcel of land or for accessory dwelling units or junior accessory units.

      (3)   Design Review Guidelines

         The architectural review board shall, at its discretion, develop specific design review guidelines for each specific area to which this combining district is applied.

   (c)   Exceptions to Development Standards

      (1)   Applicability

         Subject to the provisions of Section 18.76.040 and the general purposes of this title to foster retention of existing single-family structures and to maintain the existing historic and general character of the neighborhood, the planning director may grant exceptions to site development regulations (except limitations on residential density), parking regulations, and from the special setback requirements of Title 20 applicable to the underlying zone district where combined with the neighborhood preservation (NP) combining district. This exception procedure is the exclusive procedure for procuring an exception to development standards in the NP combining district. It is not necessary for the property owner to obtain a variance.

      (2)   Findings

         The director may only grant an (NP) District Exception if, from the application or the facts presented at the public hearing, he finds:

         (A)   The granting of the exception will facilitate the preservation of an existing residential structure on the same property and will be of benefit in maintaining the existing historic and general character of the surrounding neighborhood, and

         (B)   The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare, or convenience.

      (3)   Conditions

         In granting NP District Exceptions, reasonable conditions or restrictions may be imposed as deemed appropriate or necessary to protect the public health, safety, general welfare, or convenience, and to secure the purposes of this title.

      (4)   Procedures

   Please refer to Chapters 18.76 and 18.77 for further information regarding the procedures applicable to requests for exceptions.

(Ord. 5412 § 9, 2017: Ord. 4875 § 2 (part), 2005)

   (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)   (Reserved)

      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. 5656 § 6, 2025: Ord. 5412 § 10, 2017: Ord. 4875 § 2 (part), 2005)