Chapter 17.22

Chapter 17.22
USE REGULATIONS

Sections:

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.

Table 9
– Uses Allowed by Zone
Land Use			Permit Requirements by Zoning District																Specific Use Regulations
Land Use			AG	C/OS	R1	R2	R3	R4	PF	O(1)	C-N	C-C	C-D	C-R	C-T	C-S	M	BP	Specific Use Regulations
AGRICULTURE
	Crop production and grazing		A	A	A				A							D	D
	Greenhouse, commercial		PC	PC
	Livestock feed lot		PC	PC
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
	Petroleum product storage and distribution																D
	Photo and film processing lab															A	A
	Printing and publishing															A	A	A
	Recycling facilities – Collection and processing facility																D
	Recycling facilities – Scrap and dismantling yard																D
	Recycling facilities – Small collection facility											D		D		D	A
	Storage – Personal storage facility															A	A
	Storage yard															D	A
	Warehousing, indoor storage															A	A	PC
	Wholesaling and distribution															A	A	PC
LODGING
	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
	Hostel						PC	PC					A	A	A
	Hotel, motel												A	A	A			PC
	Recreational vehicle (RV) park accessory to hotel, motel														PC
	Vacation rental																		17.22.010(G)
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
	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)
	Fitness/health facility									D		A	D	D	PC	A	A	D
	Golf course								PC
	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
	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
	School – College, university campus								PC
	School – College, university – Satellite classroom facility
	School – Elementary, middle, secondary				PC	PC	D	D	PC					D
	School – Specialized education/training									PC		A/D	A/D	A		A	A
	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
	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
RESIDENTIAL USES
	Boarding/rooming house, dormitory						PC	D					D	D					Chapter 17.20
	Caretaker quarters		A	A	A	A	A	A	A	A	A	A	A	A	A	A	A	D
	Convents and monasteries					PC	A	A						D
	Fraternity, sorority						PC	PC
	High occupancy residential use				D	D
	Home occupation		H	H	H	H	H	H		H	H	H	H	H	H	H	H		17.08.090
	Live/work units										A		A	A		A	A		17.08.130
	Mixed use project									A	A	A	A	A	A	PC	PC		17.08.072
	Mobile home as temporary residence at building site		A	A	A	A	A	A		A	A
	Mobile home park				A	A	A	A
	Multifamily dwellings					A	A	A		A	D			D
	Residential care facilities – 6 or fewer residents			A	A	A	A	A		A	A/D		A/D	A/D	D
	Residential care facilities – 7 or more residents			A	A	A	A	A		D			A/D	A/D	D
	Residential hospice facility					PC	PC	D	PC	PC				D
	Rest home			A	A	A	A	A		D			A/D	A/D	D
	Secondary dwelling units				A	A	A	A		A									Chapter 17.21
	Single-family dwellings		A	A	A(2)	A	A	A		A	D			D
	Work/live units															D	D		17.08.130
RETAIL SALES
	Auto and vehicle sales and rental													D		A	PC
	Auto parts sales, with installation													D(5)		A	A
	Auto parts sales, without installation											A	D	A		A	A
	Bakery, retail										A	A	A	A	A	D	D
	Building and landscape materials sales, indoor											A	A	A		A	A
	Building and landscape materials sales, outdoor											D	D	A		A	A
	Construction and heavy equipment sales and rental															D	D
	Convenience store					D	D	D			A	A	A	A	A	D	D	D	17.08.095
	Extended hour retail									D	D	D	D	D	D	D	D
	Farm supply and feed store													PC		A	A
	Fuel dealer (propane, etc.)															D	A
	Furniture, furnishings, and appliance stores											A	A	A		A
	General retail – 2,000 sf or less										A(3)	A	A	A	A
	General retail – More than 2,000 sf, up to 15,000 sf										D(3)	D	A	A
	General retail – More than 15,000 sf, up to 45,000 sf											D	A	A	D
	General retail – More than 45,000 sf, up to 60,000 sf											D	A	A
	General retail – More than 60,000 sf, up to 140,000 sf											PC	PC	PC
	Groceries, liquor, specialty foods										A(10)	A	A	A	PC
	Mobile home, RV, and boat sales															A	PC
	Office-supporting retail, 2,000 sf or less										A	A	A	A	A			D
	Office-supporting retail, more than 2,000 sf, up to 5,000 sf										D	D	A	A				D
	Outdoor temporary and/or seasonal sales		See Section 17.08.020																17.08.020
	Produce stand		D	D							A		A	A		A
	Restaurant										A	A	A	A	A	D	D
	Service station (see also “vehicle services”)										D	D		D	D	A			17.08.030
	Vending machine		See Section 17.08.020																17.08.020
	Warehouse stores – 45,000 sf or less gfa											D		D		D
	Warehouse stores – More than 45,000 sf gfa											PC		PC		PC
SERVICES – BUSINESS, FINANCIAL & PROFESSIONAL
	ATMs									A	A	A	A	A	A	A	A	A
	Banks and financial services									A		A	A	A		D(4)	D(4)	D
	Business support services									A		A	A/D	A		A	A	A
	Medical service – Clinic, laboratory, urgent care									D		D	D	A		D(11)		D(11)
	Medical service – Doctor office									A		A/D	A/D	A		D(11)		D(11)
	Medical service – Extended care					PC	PC	D	PC	PC				D
	Medical service – Hospital								PC	PC
	Convalescent hospital								PC	PC
	Office – Accessory									A	A	A	A	A	A	A	A
	Office – Business and service									A		A	A/D	A		D(4)	D(4)	D
	Office – Government								D	PC			A	A				P
	Office – Processing									D			D	D		D(4)	D(4)	A
	Office – Production and administrative									A		A/D	A/D	A		D(4)	D(4)	A
	Office – Professional									A		A/D	A/D	A				D
	Office – Temporary		See Section 17.08.010(C)
	Photographer, photographic studio											A	A/D	A	PC	A
SERVICES – GENERAL
	Catering service											D	D	A	D	A	A
	Cemetery, mausoleum, columbarium			PC	PC	PC	PC	PC	PC					PC	PC	PC	PC
	Copying and quick printer service									A	A	A	A	A		A	A	A
	Day care – Day care center (child/adult)				D(9)	D(9)	D(9)	D(9)	D(9)	A	A	A	A/D	A	D(9)	D(9)	D(9)	D	17.08.100
	Day care – Family day care home (small/large)		A	A	A	A	A	A		A	A	A	A	A	A				17.08.100
	Equipment rental															A	A	D
	Food bank/packaged food distribution center															D	D
	Maintenance service, client site services															A	A	PC
	Mortuary, funeral home								D	D				A		D
	Personal services										A	A	A	A	D	A		D
	Personal services – Restricted													D		D
	Public safety facilities								PC									PC
	Public utility facilities								PC							A	A		17.08.080
	Repair service – Equipment, large appliances, etc.															A	A	D
	Residential support services										A	A	A	A
	Social service organization								D	A		A	A	A				D
	Vehicle services – Repair and maintenance – Major															A	A	D
	Vehicle services – Repair and maintenance – Minor											PC		D		A	A	D
	Vehicle services – Carwash											D		D	PC	D	D
	Veterinary clinic/hospital, boarding, large animal		PC	PC												D	D
	Veterinary clinic/hospital, boarding, small animal, indoor									D	D	A	A/D	A		A
	Veterinary clinic/hospital, boarding, small animal, outdoor															D
TRANSPORTATION & COMMUNICATIONS
	Airport								PC							PC	PC	D
	Ambulance, taxi, and/or limousine dispatch facility															A	D	D
	Antennas and telecommunications facilities		D	D					PC	PC		D	D	D	D	D	D	D	17.16.120
	Heliport									PC						PC	PC
	Media production – Backlots/outdoor facilities and soundstages															D	D	D
	Media production – Broadcast studio									A			A/D	A		A	A	A
	Parking facility								PC(6)	PC(6)			PC(6)	D(6)		D(6)	D(6)
	Parking facility – Multilevel								PC(6)	PC(6)			PC(6)	PC(6)		PC(6)	PC(6)
	Parking facility – Temporary								PC	D	D	D	D	D	D	D	D		17.08.010
	Railroad facilities															D	A
	Transit station or terminal								PC				PC	PC		D	A
	Transit stop									A	A	A	A	A	A	A	A
	Truck or freight terminal															A	A	D
	Water and wastewater treatment plants and services								PC									PC

	Key:	A = Allowed D = Director’s use permit approval required PC = Planning commission use permit approval required
		A/D = Director’s approval on ground floor, allowed on second floor or above H = Home occupation permit required
	Note:	Footnotes affecting specific land uses follow the table.

Notes to Table 9:

1. O Zone – All Uses. A use permit is required for the conversion of residential structures to nonresidential uses. In order to approve a use permit, the director shall first find that:

a. The location, orientation, height, and mass of new structures will not significantly affect privacy in nearby residential areas; and

b. The project location or access arrangements will not significantly direct traffic to local streets in nearby residential areas; and

c. The project includes landscaping and yards that adequately separate parking and pedestrian circulation areas from sites in nearby residential areas.

2. R-1 Zone – Multiple Dwellings. Except for condominiums, the construction of more than one dwelling on a parcel in the R-1 zone requires administrative use permit approval. R-1 density standards apply.

3. C-N Zone – Limitations on Floor Area. A general retail use in the C‑N zone shall not exceed a gross floor area of two thousand square feet for each establishment, or a combined floor area of all general retail establishments within a shopping center of twenty-five percent of the total floor area in a shopping center with a gross floor area of fifteen thousand square feet or more; and shall not exceed fifty percent of the total floor area in a shopping center with a gross floor area of less than fifteen thousand square feet. The administrative use permit may provide for exceptions to the floor area limitations above. For general retail uses up to a parcel not located within a shopping center, an administrative use permit shall be required to ensure consistency with policies of the general plan land use element and compatibility with surrounding uses.

4. C-S and M Zones – Required Findings for Offices. The approval of an office facility in the C-S or M zone shall require that the review authority first find that:

a. The project will be compatible with existing and allowed land uses in the area;

b. The project location or access arrangements will not significantly direct traffic to use local or collector streets in residential zones;

c. The project will provide adequate mitigation to address potential impacts related to noise, light and glare, and loss of privacy, among others, imposed by commercial activities on nearby residential areas, by using methods such as setbacks, landscaping, berming and fencing;

d. The project will not preclude industrial or service commercial uses in areas especially suited for these uses when compared with offices; and

e. The project will not create a shortage of C-S or M zoned land available for service commercial or industrial development.

5. C-R Zone – Auto Sound System Installation. Auto sound installation services may be approved only as an accessory use to the retail sales of auto sound systems on the same site. Use permit review shall consider parking space displacement, noise from the operation, and the appearance and visibility of the installation area.

6. Parking as a Principal Use. Use permit approval may include deviations to otherwise applicable setback requirements and building height limits. A multi‑level parking facility shall require the approval of a use permit by the planning commission.

7. Religious Facilities.

a. C-S Zone Requirements. Use permit review shall consider that the C‑S zone is primarily intended to accommodate uses not generally suited to other commercial zones because of noise, truck traffic, visual impacts and similar factors. A use permit may be approved only when the religious facility will not likely cause unreasonable compatibility problems with existing or likely future service commercial uses in the vicinity. Use permit conditions may include measures to mitigate incompatibility.

b. C-T and M Zone Requirements. A religious facility use may be allowed only inside an existing building.

8. PF Zone – Theaters. Only nonprofit theaters are permitted.

9. Day Care Centers. Allowed by right where accessory to a church or school, or where an employer provides on‑site child care to fourteen or fewer children for the exclusive benefit of employees, providing the primary use meets city parking standards.

10. Groceries, Liquor, Specialty Foods in the C‑N Zone. In the C-N zone, grocery, liquor and specialty food stores under three thousand square feet are allowed. Such uses with a gross floor area between three thousand and five thousand square feet are allowed with the approval of an administrative use permit. Stores between five thousand and ten thousand square feet may be approved by planning commission use permit. In order for a use permit to be approved by the hearing officer or by the planning commission, the deciding body must find that the proposed use is compatible with surrounding uses and the surrounding neighborhood, and that the use is consistent with the purpose and intent of the neighborhood commercial designation as discussed in the general plan.

11. In order to approve a medical service in the C-S or BP zones, the hearing officer must make the following findings:

a. The proposed medical service is compatible with surrounding land uses.

b. The proposed medical service is located along a street designated as an arterial or commercial collector in the circulation element and has convenient access to public transportation.

c. The proposed medical service will not significantly increase traffic or create parking impacts in residential neighborhoods.

d. The proposed medical service is consistent with the airport land use plan.

e. The project will not preclude service commercial uses in areas especially suited for these uses when compared with medical services.

f. The project site can accommodate the parking requirements of the proposed medical service and will not result in other lease spaces being under-utilized because of a lack of available parking.

12. C-S Zone – Required Findings for Indoor Commercial Recreational Facilities. Commercial indoor recreational uses in the C-S zone shall not include less than ten thousand square feet gross floor area per establishment. The approval of an indoor commercial recreational facility in the C-S zone shall require that the review authority first find that:

a. The proposed use will serve the community, in whole or in significant part, and the nature of the use requires a larger size in order to function;

b. The project will be compatible with existing and allowed land uses in the area;

c. The project location or access arrangements will not significantly direct traffic to use local or collector streets in residential zones;

d. The project will not preclude industrial or service commercial uses in areas especially suited for these uses when compared with recreational facilities; and

e. The project will not create a shortage of C-S zoned land available for service commercial development. (Ord. 1553 § 18, 2010; Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part), 2007; Ord. 1497 § 2, 2006; Ord. 1462 § 3, 2004; Ord. 1451 § 1, 2004; Ord. 1438 §§ 3, 7, 2003; Ord. 1437 § 1 (part), 2003; Ord. 1429 § 3 (part), 2003; Ord. 1409 § 2 (part), 2002; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000; Ord. 1346 § 2 (part), 1999; Ord. 1328 § 2, 1997; Ord. 1311 § 2, 1996; Ord. 1310 § 2, 1996; Ord. 1305 § 3, 1996; Ord. 1304 § 2, 1996; Ord. 1265 § 2 Ex. A, 1994; Ord. 1258 § 1 Ex. A, 1994; Ord. 1257 § 1 Ex. A, 1994; Ord. 1248 § 2 Ex. A, 1993; Ord. 1235 § 1 Ex. A, 1992; Ord. 1225 § 2 Ex. A (part), 1992; Ord. 1222 § 1 Ex. A, 1992; Ord. 1182 § 1, 1990; Ord. 1180 § 1, 1990; Ord. 1154 § 4, 1990; Ord. 1157 § 1 Ex. A (part), 1990; Ord. 1161 § 2 Ex. B (part), 1990; Ord. 1128 § 1 (part), 1988; Ord. 1124 § 4 Ex. A (part), 1988; Ord. 1122 § 2 (part), 1988; Ord. 1110 § 1 Ex. A, 1988; Ord. 1103 § 1 Ex. A(2), 1987; Ord. 1102 § 1 Ex. A(14), (15), 1987; Ord. 1088 § 1 Ex. A(3), 1987; Ord. 1087 § 1 Ex. A(1), 1987; Ord. 1085 § 1 Ex. A (part), 1987; Ord. 1058 § 1, 1986; Ord. 1008 §§ 2, 3, 1984; Ord. 1006 § 1 (part), 1984; Ord. 946 § 4, 1983; Ord. 941 § 1 (part), 1982: prior code § 9202.8)

Chapter 17.22USE REGULATIONS

17.22.010 Uses allowed by zones.

Chapter 17.22
USE REGULATIONS