Chapter 17.22
USE REGULATIONS
Sections:
17.22.010 Uses allowed by zones.
17.22.010 Uses allowed by zones.
A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to subsections (B) through (I) of this section. In Table 9, symbols have these meanings:
|
A |
The use is allowed; |
|
D |
If the director approves an administrative use permit as provided in Sections 17.58.020 through 17.58.070, the use may be established; |
|
PC |
If the planning commission approves a use permit as provided in Sections 17.58.020 through 17.58.070, the use may be established; |
|
A/D |
The use is allowed above the ground floor. If the director approves an administrative use permit, it may be established on the ground floor. |
Special notes affecting the status of uses, indicated by number in Table 9, may be found at the end of the table.
B. Interpretation of Use Listing. These regulations are intended to permit similar types of uses within each zone. The director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be deemed allowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be used as a substitute for the amendment procedure as a means of adding new types of uses to a zone.
C. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are allowed with principal uses.
D. Production and Sales. Where manufacturing is allowed, incidental sale of items made on the premises is allowed. When sale of a particular type of item is allowed, craftsman-type productions of such an item for sale on the premises is allowed.
E. Public School Uses. See Section 17.36.030 concerning uses which may be established within public schools.
F. Prohibitions of Drive-Through Facilities. Drive-through facilities are not allowed in any zone.
G. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone.
H. Specific Plan Consistency. Some land subject to city zoning is also subject to one of several specific plans, which are intended to provide additional direction for the development of those areas. Land within specific plans, designated by the SP zoning, may be subject to further restrictions. The list of uses and permit requirements in the specific plan shall prevail.
I. Airport Land Use Plan Consistency. Some land subject to city zoning is also subject to the airport land use plan, which is adopted and amended from time to time by the San Luis Obispo County Airport land use commission. The airport land use plan establishes additional limitations on uses, which do not apply to city-adopted zones outside the area subject to the airport land use plan. Table 9 is to be applied consistently with the airport land use plan on land subject to that plan.
1. Prohibited Uses. The following are examples of prohibited uses. The uses and requirements of the airport land use plan shall prevail. No use shall be established which:
a. Entails installation, construction, or enlargement of a structure that would constitute an obstruction to air navigation, as defined in the airport land use plan, except as may be approved by the airport land use commission and the Federal Aviation Administration;
b. Entails a risk of physical injury to operators or occupants of aircraft (such as outdoor laser light shows);
c. Causes smoke or vapors, lighting, illumination, or reflective glare, or an electromagnetic disturbance that would interfere with aircraft navigation or communication;
d. Attracts birds to the extent of creating a significant hazard of bird strikes (examples are outdoor storage or disposal of food or grain, or large, artificial water features; this provision is not intended to prevent enhancement or protection of existing wetlands or the mitigation of wetlands impacts);
e. Is not allowed by the airport safety areas and associated safety policies, subject to modified provisions for the Margarita Specific Plan Area;
f. Is not allowed by the airport land use plan noise policies.
2. Notwithstanding subsection (I)(1) of this section, the provisions of this section are not intended to supersede the provisions of Article 3.5 of the Public Utilities Code commencing with Section 21670.
3. Avigation easements will be recorded for all properties involved in the proposed development.
4. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive full and accurate disclosure concerning the noise, safety, or overflight impacts associated with airport operations prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area.
J. Right to Continue Existing Nonresidential Uses. Legal, conforming nonresidential uses shall have the right to continue operation, subject to compliance with applicable zoning regulations when established prior to the development of housing on adjacent or nearby sites. City approvals of housing developments adjacent to or within three hundred feet of such uses shall include a condition requiring written notice to new home buyers and/or renters of possible characteristics associated with nonresidential uses, such as noise, odors, vibration, and lighting.
|
Land Use |
Permit Requirements by Zoning District |
Specific Use Regulations |
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|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
AG |
C/OS |
R1 |
R2 |
R3 |
R4 |
PF |
O(1) |
C-N |
C-C |
C-D |
C-R |
C-T |
C-S |
M |
BP |
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|
AGRICULTURE |
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|
Crop production and grazing |
A |
A |
A |
A |
D |
D |
|||||||||||||
|
Greenhouse, commercial |
PC |
PC |
|||||||||||||||||
|
Livestock feed lot |
PC |
PC |
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|
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING |
|||||||||||||||||||
|
Bakery, wholesale |
A |
A |
PC |
||||||||||||||||
|
Furniture and fixtures manufacturing, cabinet shop |
D |
A |
|||||||||||||||||
|
Industrial research and development |
PC |
D |
D |
||||||||||||||||
|
Laboratory – Medical, analytical, research, testing |
PC |
A |
A |
A |
A |
||||||||||||||
|
Laundry, dry cleaning plant |
A |
A |
|||||||||||||||||
|
Manufacturing – Heavy |
PC |
PC |
|||||||||||||||||
|
Manufacturing – Light |
D |
A |
A |
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|
Petroleum product storage and distribution |
D |
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|
Photo and film processing lab |
A |
A |
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|
Printing and publishing |
A |
A |
A |
||||||||||||||||
|
Recycling facilities – Collection and processing facility |
D |
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|
Recycling facilities – Scrap and dismantling yard |
D |
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|
Recycling facilities – Small collection facility |
D |
D |
D |
A |
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|
Storage – Personal storage facility |
A |
A |
|||||||||||||||||
|
Storage yard |
D |
A |
|||||||||||||||||
|
Warehousing, indoor storage |
A |
A |
PC |
||||||||||||||||
|
Wholesaling and distribution |
A |
A |
PC |
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|
LODGING |
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|
Bed and breakfast inn |
D |
PC |
PC |
A |
A |
A |
|||||||||||||
|
Homeless shelter |
PC |
PC |
A |
PC |
PC |
PC |
PC |
PC |
PC |
PC |
PC |
17.08.110 |
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|
Hostel |
PC |
PC |
A |
A |
A |
||||||||||||||
|
Hotel, motel |
A |
A |
A |
PC |
|||||||||||||||
|
Recreational vehicle (RV) park accessory to hotel, motel |
PC |
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|
Vacation rental |
17.22.010(G) |
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RECREATION, EDUCATION & PUBLIC ASSEMBLY USES |
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|
Bar/tavern |
D |
D |
D |
D |
D |
D |
|||||||||||||
|
Club, lodge, private meeting hall |
D |
D |
A |
D |
A/D |
D |
D |
D |
|||||||||||
|
Commercial recreation facility – Indoor |
PC |
D |
D |
D |
D |
D(12) |
PC |
D |
17.08.060 |
||||||||||
|
Commercial recreation facility – Outdoor |
PC |
PC |
|||||||||||||||||
|
Educational conferences |
D |
D |
D |
D |
17.08.010(C)(6) |
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|
Fitness/health facility |
D |
A |
D |
D |
PC |
A |
A |
D |
|||||||||||
|
Golf course |
PC |
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|
Library, museum |
PC |
D |
D |
D |
D |
||||||||||||||
|
Library, branch facility |
D |
D |
D |
D |
|||||||||||||||
|
Night club |
D |
D |
D |
D |
D |
D |
Chapter 17.95 |
||||||||||||
|
Off-site wine tasting room |
A |
A |
A |
A |
A |
A |
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|
Park, playground |
D |
D |
A |
A |
A |
A |
D |
D |
A |
A |
A |
||||||||
|
Public assembly facility |
PC |
D |
D |
D |
D |
PC |
|||||||||||||
|
Religious facility |
PC |
D |
D |
D |
D |
A |
D |
D |
D |
A |
D(7) |
D(7) |
D(7) |
||||||
|
School – Boarding school, elementary, middle, secondary |
PC |
PC |
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|
School – College, university campus |
PC |
||||||||||||||||||
|
School – College, university – Satellite classroom facility |
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|
School – Elementary, middle, secondary |
PC |
PC |
D |
D |
PC |
D |
|||||||||||||
|
School – Specialized education/training |
PC |
A/D |
A/D |
A |
A |
A |
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|
Special event |
D |
D |
D |
D |
D |
D |
D |
D |
D |
17.08.010 |
|||||||||
|
Sports and active recreation facility |
PC |
PC |
PC |
PC |
|||||||||||||||
|
Sports and entertainment assembly facility |
PC |
PC |
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|
Studio – Art, dance, martial arts, music, etc. |
D |
D |
A/D |
A/D |
A |
PC |
A |
||||||||||||
|
Theater |
PC(8) |
D |
D |
D |
D |
Chapter 17.95 |
|||||||||||||
|
Theater – Drive-in |
PC |
PC |
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RESIDENTIAL USES |
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|
Boarding/rooming house, dormitory |
PC |
D |
D |
D |
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