This section specifies regulations for three multiple family residential districts.

   (a)   RM-20 Low Density Multiple-Family Residence District [RM-20]

      The RM-20 low-density multiple-family residence district is intended to create, preserve and enhance areas for a mixture of single-family and multiple-family housing which is compatible with lower density and residential districts nearby, including single-family residence districts. The RM-20 residence district also serves as a transition to moderate density multiple-family districts or districts with nonresidential uses. Permitted densities in the RM-20 residence district range from eight to twenty dwelling units per acre.

   (b)   RM-30 Medium Density Multiple-Family Residence District [RM-30]

      The RM-30 medium density multiple-family residence district is intended to create, preserve and enhance neighborhoods for multiple-family housing with site development standards and visual characteristics intended to mitigate impacts on nearby lower density residential districts. Projects at this density are intended for larger parcels that will enable developments to provide their own parking spaces and to meet their open space needs in the form of garden apartments or cluster developments. Permitted densities in the RM-30 residence district range from sixteen to thirty dwelling units per acre.

   (c)   RM-40 High Density Multiple-Family Residence District [RM-40]

      The RM-40 high density multiple-family residence district is intended to create, preserve and enhance locations for apartment living at the highest density deemed appropriate for Palo Alto. The most suitable locations for this district are in the downtown area, in select sites in the California Avenue area and along major transportation corridors which are close to mass transportation facilities and major employment and service centers. Permitted densities in the RM-40 residence district range from thirty-one to forty dwelling units per acre.

(Ord. 5460 § 4 (part), 2019: Ord. 5373 § 10 (part), 2016: Ord. 4964 § 2 (part), 2007)

   The specific regulations of this chapter and the additional regulations and procedures established by other pertinent chapters in Title 18 shall apply to all multiple-family residence districts.

(Ord. 4964 § 2 (part), 2007)

   Table 1 specifies the permitted and conditionally permitted land uses in the multiple-family residence districts.

 

(Ord. 5574 § 5, 2023: Ord. 5490 § 3, 2020: Ord. 5460 § 15, 2019: Ord. 5430 § 2, 2018: Ord. 5407 § 7, 2017: Ord. 4964 § 2 (part), 2007)

   The site development regulations in Table 2 shall apply in the multiple-family residence districts, provided that more restrictive regulations may be recommended by the Architectural Review Board and approved by the Director of Planning and Development Services, pursuant to the regulations set forth in Chapter 18.76, and the objective design standards set forth in Chapter 18.24. Sites designated as Housing Element Opportunity Sites shall meet the development standards specified in Section 18.14.020 and projects utilizing the Housing Incentive Program or Affordable Housing Incentive Program shall meet the development standards specified in Sections 18.14.030 and 18.14.040, respectively.

 

 

   (1)   Arterial roadways, expressways, and freeways are identified in Map T-5 of the Comprehensive Plan and do not include residential arterials.

   (3)   Provided that, for any lot of 5,000 square feet or greater, two units are allowed, subject to compliance with all other development regulations.

   (4)   Covered parking is not included as floor area in multi-family development, up to a maximum of 230 square feet per required parking space that is covered. Covered parking spaces in excess of required parking spaces count as floor area.

   (5)   Usable open space is included as part of the minimum landscape/open space coverage; required usable open space in excess of the minimum required for common and private open space may be used as either common or private usable open space; landscaping may count towards total landscape/open space coverage after usable open space requirements are met.

   (7)   Each daylight plane applies specifically and separately to each property line according to the adjacent use.

   (8)   The minimum density for a site may be reduced by the Director if, after the proposal is reviewed by the Architectural Review Board, the Director finds that existing site improvements or other parcel constraints, preclude the development from meeting the minimum density. A site with an existing single-family use or two-family use may be redeveloped at the existing density, either single-family or two-family as applicable. An existing or replaced single-family or two-family residence shall not be considered a nonconforming use, and the provisions of Chapter 18.70 shall not apply, solely based on the minimum density requirement.

      (1)   Setbacks

         (A)   Required parking spaces shall not be located in a required front yard, nor in the first ten feet (10') adjoining the street property line of a required street side yard.

         (B)   Projections into yards are permitted only to the extent allowed by Section 18.40.070 of this code.

      (2)   Height and Daylight Planes

         (A)   Exceptions to maximum height limitations are permitted only to the extent allowed by Section 18.40.090 of this code.

         (B)   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 by Section 18.40.090 of this code:

            i.   Television and radio antennas;

            ii.   Chimneys and flues that do not exceed 5 feet in width, 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.

            iii.   Cornices and eaves, excluding flat or continuous walls or enclosures of usable interior space, provided such features do not extend past the daylight plane more than 4 feet, and so long as they do not encroach into the side setback greater than 2 feet.

   (c)   Single-Family and Two-Family Uses

      (1)   The regulations in Chapter 18.12 that apply to the R-1 district shall apply to sites in single-family use in the multiple-family residence districts. The regulations in Chapter 18.10 that apply to the R-2 district may be applied, at the applicant's discretion, to sites in two-family use in the multiple-family residence districts, in lieu of the multi-family standards.

      (2)   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 multi-family 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 shall not be applied to adjacent uses other than single-family and two-family uses.

      (3)   Notwithstanding other provisions of this chapter, existing two-family residential development in multiple family residential districts may be divided into two separate ownership parcels where all of the following circumstances exist:

         (A)   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 the National or California Registers; and

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

         (C)   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

         (D)   The resultant parcel lines may create less than minimum lot size (no less than the area stated in item (C) 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

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

         (F)   A covenant is recorded to run with the land in perpetuity, assuring that the historic residences will be maintained consistent with the Secretary of the Interior’s Standards for Historic Rehabilitation through compliance with Historic Resources Board review and recommendation. 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.

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

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

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

   (d)   Substandard Lots

   Substandard lots in the multiple family zoning districts are those that are: 1) less than the minimum 8,500 square feet in size, or 2) less than 70 feet in width. These lots may be developed pursuant to the regulations outlined in Table 2 or may be developed according to the regulations provided for Village Residential development, as outlined in Section 18.13.050. Single-family and two-family development on these lots shall be developed as outlined in subsection (c) above.

   (e)   (Reserved)

   (f)   Personal Services, Retail Services, and Eating and Drinking Services in the RM-30 and RM-40 Districts

   Within a single residential development containing not less than 40 dwelling units, personal services, retail services, and eating and drinking services solely of a neighborhood-serving nature to residents in the development or in the general vicinity of the project may be allowed upon approval of a conditional use permit, subject to the following limitations and to such additional conditions as may be established by the conditional use permit:

      (1)   Total gross floor area of all such uses shall not exceed 5,000 square feet or three percent of the gross residential floor area within the development, whichever is smaller, and may not occupy any level other than the ground level or below grade levels.

      (2)   A maximum of 2,500 square feet of retail and/or service and/or eating and drinking uses shall be allowed per establishment.

      (3)   Personal services, retail services, and eating and drinking services provided in accordance with this section shall not be included in the gross floor area for the site.

      (4)   The conditional use permit for the project may preclude certain uses and shall include conditions that are appropriate to limit impacts of noise, lighting, odors, parking and trash disposal from the operation of the commercial establishment. The hours of operation shall be limited to assure compatibility with the residential use and surrounding residential uses.

      (5)   Allowable Neighborhood-Serving Uses. A neighborhood-serving use primarily serves individual consumers and households, not businesses, is generally pedestrian oriented in design, and does not generate noise, fumes or truck traffic greater than that typically expected for uses with a local customer base. A neighborhood-serving use is also one to which a significant number of local customers and clients can walk, bicycle or travel short distances, rather than relying primarily on automobile access or the provider of the goods or services traveling off-site. Allowable neighborhood-serving personal services, retail services and eating and drinking services may include, but are not limited to, "agent" dry cleaners, flower shops, convenience grocery stores (excluding liquor stores), delicatessens, cafes, fitness facilities, day care facilities, and similar uses found by the Planning Director to be compatible with the intent of this provision.

      (6)   For any project, other than a 100% affordable housing project, containing forty (40) or greater units and located more than 500 feet from neighborhood commercial services, as determined by the Director, a minimum of 1,500 square feet of neighborhood serving retail, personal service, and/or eating or drinking uses shall be provided, subject to the above limitations. No conditional use permit is required, but the commercial use shall be reviewed by the Architectural Review Board as part of the architectural review approval. A minimum of one parking space for each employee working or expected to be working at the same time shall be provided. A "100% affordable housing project" as used herein means a multiple-family housing project consisting entirely of affordable units, as defined in Section 16.65.020 of this code, available only to households with income levels at or below 120% of the area median income for Santa Clara County, as defined in Chapter 16.65, and where the average household income does not exceed 80% of the area median income level, except for a building manager's unit.

   For a parcel with a residential use that exceeds the maximum unit density of the applicable zoning district, the Director may grant an exception to the maximum unit density standard and allow the parcel to be redeveloped to replace the legally established residential units at the existing density, subject to all of the following:

      (1)   The applicant must make the request for exception under this provision at the time of project application;

      (2)   The project is a residential rental project;

      (3)   The project complies with all other applicable development standards; and

      (4)   The project shall not be eligible for a density bonus under Chapter 18.15 (Density Bonus). The applicant must elect whether to utilize state density bonus law or the exception described herein as an alternative to state density bonus law.

      In addition to all other provisions of this chapter, all multi-family development shall comply with applicable provisions of Chapter 18.40 (General Standards and Exceptions).

(Ord. 5650 § 4, 2025: Ord. 5601 § 4, 2023: Ord. 5587 § 18, 2023: Ord. 5554 § 3, 2022: Ord. 5548 § 3, 2022: Ord. 5542 § 17, 2022: Ord. 5494 § 3, 2020: Ord. 5460 § 4 (part), 2019: Ord. 5051 § 6, 2009: Ord. 4964 § 2 (part), 2007: Ord. 5608 § 5, 2024)

    (a)   A housing development project, as defined in California Government Code Section 65589.5, that is in an RM-20, RM-30 or RM-40 District shall be allowed to increase its floor area ratio as follows:

      (i)   A housing development project of three to seven units shall have a maximum floor area ratio of 1.0:1.

      (ii)   A housing development project of eight to ten units shall have a maximum floor area ratio of 1.25:1.

   (b)   This section shall not apply within a historic district or property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section5020.1, or within a site that is designated or listed on the City’s historic inventory.

(Ord. 5587 § 19, 2023: Ord. 5542 § 18, 2022)

   (a)   Purpose

   Village Residential multiple-family development is intended to create, preserve and enhance areas for a mixture of single-family and multiple-family housing that is compatible with lower density and residential districts nearby, including single-family residence districts. Housing types may include but are not limited to single family houses on small lots, attached rowhouse/townhouse, and cottage clusters. Village Residential development also serves as a transition to moderate density multiple-family districts or districts with nonresidential uses. Permitted densities range from eight to twelve dwelling units per acre. Village Residential housing also provides a means to accommodate home ownership options in multiple-family zones.

   (b)   Applicability of Regulations

   Village Residential development standards may be applied to RM-20 multiple-family residence district sites, as well as to substandard RM-30 and RM-40 multiple-family residence sites. It may also be applied to the perimeter of RM-30 and RM-40 sites larger than one acre in size where a transition to a lower-density adjacent use is desired. The Director may require the submittal of Covenants, Conditions and Restrictions (CC&Rs), maintenance agreements, easements, and/or other legal instruments to document and disclose conditions of the project approval.

   (c)   Development Standards

   Table 3 specifies the development standards for new Village Residential developments that provide for individual lots established for sale of one housing unit on a lot. These developments shall be designed and constructed in compliance with the following requirements and the objective design standards in Chapter 18.24, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and development services, pursuant to Section 18.76.020:

 

   The entire development plan for a Village Residential project, including subdivision of the site into individual lots and design of buildings, streets, driveways, parking, and open space shall be submitted and reviewed at one time. Design for individual lots may not be phased for subsequent approval.

      (1)   Modifications to completed units, such as additions to dwelling units, changes in circulation or parking, exterior building design features, and provisions for open space, must be submitted as an amendment to the Village Residential development, unless an alternate review process is outlined in the initial project approval. The Director may require the submittal of Covenants, Conditions and Restrictions (CC&Rs) and/or other legal instruments to document and disclose the post-construction approval process.

      (2)   An amendment to the Village Residential approval may only be submitted by the owner of the entire site or by an entity (such as a homeowners association) representing the property owners. The amendment shall be reviewed in the same manner as the original approval and must demonstrate compliance with the applicable standards for the entire site. Minor architectural review may be approved by staff, pursuant to the process outlined in Section 18.76.020 for exterior architectural or site modifications deemed minor by the Director.

   In addition to the standards for development prescribed above, all Housing Development Projects in the RM districts shall comply with the objective design standards outlined in Chapter 18.24 , as defined therein. All other developments, and Housing Development Projects that elect to deviate from one or more objective design standards in Chapter 18.24 , shall meet the Context Based Design Criteria, as determined by the Director pursuant to the Architectural Review process.

   (a)   Contextual and Compatibility Criteria

   Development in a multiple-family residential district shall be responsible to its context and compatible with adjacent development.

      (1)   Context

         (A)   Context as used in this section is intended to indicate relationships between the site's development to adjacent street types, surrounding land uses, and on-site or nearby natural features, such as creeks or trees. Effective transitions to these adjacent uses and features are strongly reinforced by Comprehensive Plan policies.

         (B)   The word "context" should not be construed as a desire to replicate existing surroundings, but rather to provide appropriate transitions to those surroundings. "Context" is also not specific to architectural style or design, though in some instances relationships may be reinforced by an architectural response.

      (2)   Compatibility

         (A)   Compatibility is achieved when the apparent scale and mass of new buildings share general characteristics and establishes design linkages with the overall pattern of buildings so that the visual unity of the neighborhood or street is maintained. For active streetscapes, compatibility is achieved when the scale and mass of new buildings are consistent with the pattern of achieving a pedestrian oriented design.

         (B)   Compatibility goals may be accomplished through various means, including but not limited to:

            (i)   the siting, scale, massing, and materials;

            (ii)   the rhythmic pattern of the street established by the general width of the buildings and the spacing between them;

            (iii)   the pattern of roof lines and projections;

            (iv)   the sizes, proportions, and orientations of windows, bays and doorways;

            (v)   the location and treatment of entryways;

            (vi)   the shadow patterns from massing and decorative features;

            (vii)   the siting and treatment of parking; and

            (viii)   the treatment of landscaping.

   (b)   Context-Based Design Considerations and Findings

   In addition to the findings for Architectural Review contained in Section 18.76.020(d) of the Zoning Ordinance, the following additional findings are applicable in the RM-20, RM-30, and RM-40 districts, as further illustrated on the accompanying diagrams:

      (1)   Massing and Building Facades

   Massing and building facades shall be designed to create a residential scale in keeping with Palo Alto neighborhoods, and to provide a relationship with street(s) through elements such as:

   A.   Articulation, setbacks, and materials that minimize massing, break down the scale of buildings, and provide visual interest (Figure 1-1);

   B.   Rooflines that emphasize and accentuate significant elements of the building such as entries, bays, and balconies (Figure 1-1);

   C.   Placement and orientation of doorways, windows, and landscape elements to create a relationship with the street (Figure 1-1);

   D.   Facades that include projecting eaves and overhangs, porches, and other architectural elements that provide human scale and help break up building mass (Figure 1-1);

   E.   Entries that are clearly defined features of front facades, and that have a scale that is in proportion to the size and type of the building and number of units being accessed; larger buildings should have a more prominent building entrance, while maintaining a pedestrian scale;

   F.   Residential units that have a presence on the street and are not walled-off or oriented exclusively inward;

   G.   Elements that signal habitation such as entrances, stairs, porches, bays and balconies that are visible to people on the street (Figure 1-2);

   H.   All exposed sides of a building designed with the same level of care and integrity (Figure 1-2).

      (2)   Low-Density Residential Transitions

   Where new projects are built abutting existing lower-scale residential development, care shall be taken to respect the scale and privacy of neighboring properties through:

   A.   Transitions of development intensity from higher density development building types to building types that are compatible with the lower intensity surrounding uses, such as small-lot units and rowhouses (Figure 2-1);

   B.   Massing and orientation of buildings that respect and mirror the massing of neighboring structures by stepping back upper stories to transition to smaller scale buildings, including setbacks and daylight planes that match abutting R-1 and R-2 zone requirements (Figure 2-2);

   C.   Respecting privacy of neighboring structures, with windows and upper floor balconies positioned so they minimize views into neighboring properties (Figure 2-3);

   D.   Minimizing sight lines into and from neighboring properties (Figure 2-3);

   E.   Limiting sun and shade impacts on abutting properties; and

   F.   Providing pedestrian paseos and mews to create separation between uses.

      (3)   Project Open Space

   Private and public open space shall be provided so that it is usable for the residents and visitors of a site.

   A.   The type and design of the usable private open space shall be appropriate to the character of the building(s), and shall consider dimensions, solar access, wind protection, views, and privacy;

   B.   Open space should be sited and designed to accommodate different activities, groups, active and passive uses, and should be located convenient to the residents.

   C.   Common open spaces should connect to the pedestrian pathways and existing natural amenities of the site and its surroundings (Figure 3-1);

Figure 3-1  

   D.   Usable open space may be any combination of private and common spaces;

   E.   Open space should be located to activate the street facade and increase "eyes on the street" when possible (Figure 3-2);

Figure 3-2  

   F.   Usable open space does not need to be located on the ground and may be located in porches, decks, balconies and/or podiums (Figure 3-3);

   G.   Both private and common open space areas should be buffered from noise where feasible through landscaping and building placement;

   H.   Open space situated over a structural slab/podium or on a rooftop shall have a combination of landscaping and high quality paving materials, including elements such as planters, mature trees, and use of textured and/or colored paved surfaces (Figure 3-3); and

   I.   Parking may not be counted as open space.

Figure 3-3  

      (4)   Parking Design

   Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment, such that:

   A.   Parking is located behind buildings, below grade or, where those options are not feasible, screened by landscaping, low walls, garages and carports, etc.;

   B.   Structured parking is fronted or wrapped with habitable uses when possible (Figure 4-1);

Figure 4-1  

   C.   Parking that is semi-depressed is screened with architectural elements that enhance the streetscape such as stoops, balcony overhangs, and/or art (Figure 4-2);

   D.   Landscaping such as trees, shrubs, vines, or groundcover is incorporated into surface parking lots (Figure 4-2);

Figure 4-2  

   E.   For properties with parking access from the rear of the site (such as a rear alley or driveway) landscaping shall provide a visual buffer between vehicle circulation areas and abutting properties (Figure 4-3);

Figure 4-3  

   F.   Street parking is utilized for visitor or customer parking and is designed in a manner to enhance traffic calming;

   G.   Parking is accessed from side streets or alleys when possible.

      (5)   Large (multi-acre) Sites

   Large (in excess of one acre) sites shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood, and such that:

   A.   New development of large sites maintains and enhances connectivity with a hierarchy of public streets, private streets, walks and bike paths (integrated with Palo Alto's Bicycle Master Plan, when applicable);

   B.   The diversity of building types increases with increased lot size (e.g., <1 acre = minimum 1 building type; 1-2 acres = minimum 2 housing types; greater than 2 acres = minimum 3 housing types) (Figures 5-1 through 5-3); and

Figure 5-1  

   C.   Where a site includes more than one housing type, each building type should respond to its immediate context in terms of scale, massing, and design (e.g., small lot units or rowhouse building types facing or abutting existing single-family residences) (Figures 5-2 and 5-3).

      (6)   Housing Variety and Units on Individual Lots

   Multifamily projects may include a variety of unit types such as small-lot detached units (Figure 6-1), attached rowhouses/townhouses (Figure 6-2), and cottage clusters in order to achieve variety and create transitions to adjacent existing development, provided that:

Figure 6-2  

   A.   Setbacks and daylight planes along the perimeter of the site shall conform to RM-20 zone standards;

   B.   Overall development intensity (FAR, landscape coverage, open space) shall be calculated across the entire site to comply with the RM-20 zone standards;

   C.   Individual detached units shall be spaced a minimum of 3 feet apart;

   D.   For units on individual "fee simple" lots, units may be situated along the property line of the individual parcel (i.e., zero-lot line) to allow usable open space in the opposite side setback;

   E.   Each detached unit shall have at least one usable side yard between the house and fence to provide outdoor passage between the front and rear yards;

   F.   Spaces between buildings shall be landscaped and/or shall provide for usable hardscape (patios, decks, etc.);

   G.   Sidewall windows should be designed with privacy features such as obscure glass or glass block;

   H.   Windows on sidewalls opposite each other should be above eye level or should be offset to prevent views into adjacent units; and

   I.   Architectural treatment shall be carried along the sidewalls of detached units, particularly sidewalls facing streets and pathways.

      (7)   Sustainability and Green Building Design

   Project design and materials to achieve sustainability and green building design shall be incorporated into the project. Green building design considers the environment during design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be included in site and building design:

   A.   Optimize building orientation for heat gain, shading, daylighting, and natural ventilation (Figure 7-1);

   B.   Design landscaping to create comfortable micro-climates and reduce heat island effects (Figure 7-2);

Figure 7-2  

   C.   Design for easy pedestrian, bicycle, and transit access;

   D.   Maximize onsite stormwater management through landscaping and permeable pavement (Figure 7-3);

Figure 7-3  

   E.   Use sustainable building materials.

   F.   Design lighting, plumbing and equipment for efficient energy use;

   G.   Create healthy indoor environments;

   H.   Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open space requirements (Figure 7-2); and

   I.   Provide protection for creeks and riparian vegetation and integrate stormwater management measures and open space to minimize water quality and erosion impacts to the creek environment.

   (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)