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Council discusses 'grandfathering' when changing local rules; city attorney outlines typical uses
Summary
Council members asked about when the city applies grandfathering for existing businesses or licenses; the city attorney said grandfathering most commonly appears in zoning and signage contexts and depends on existing property or license interests.
During other business July 14, council members asked how the city applies "grandfathering" when the council changes local rules, citing recent tobacco legislation as an example.
City Attorney Kazan said the city generally does not strip existing licenses or property interests from owners; grandfathering often applies when a use or license already exists. He said grandfathering most commonly arises in zoning and signage matters but cautioned that the application varies by statute and circumstance.
Council members noted that some residents perceive grandfathering may or may not apply to particular changes and suggested the city should clearly communicate where grandfathering will be used when enacting new regulations. The discussion included a reference to a boat ordinance and recent tobacco restrictions but did not result in a new ordinance or motion.
No formal legal opinion was provided on specific pending ordinances during the meeting; the city attorney's remarks were general guidance about typical municipal practices.
