§ 26C-131. Uses requiring a use permit.

(a)

Sensitive Area Uses:

(1)

Permitted uses listed in Section 26C-130 when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.

(2)

Any clearing of vegetation, grading, excavation, fill or construction when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.

(b)

Retail and Personal Service Uses:

(1)

Retail sales uses described in Section 26C-130(a)(1) which exceed three thousand (3,000) square feet gross floor area.

(2)

Produce stands and feed store.

(3)

Art galleries, antique stores, second hand sales, and auction studios.

(4)

New and used passenger vehicle, truck, trailer, farm implement, boat, recreational vehicle sales and rental.

(5)

Vehicle parts and accessories sales, and tire sales.

(6)

Outdoor sales yards, auction yards, and flea markets.

(7)

Gasoline service stations and mini-marts.

(8)

Art, craft, music and dancing schools.

(9)

Business, professional or trade schools and colleges.

(10)

Restaurant, bars and cocktail lounges which include live entertainment and/or dancing, or which exceed three thousand (3,000) square feet gross floor area.

(11)

Drive-in and take-out restaurants.

(12)

Landscape materials yards and building material yards.

(13)

Commercial firewood yards including wood splitting.

(14)

Financial institutions described in Section 26C-26(a)(3) and which exceed three thousand (3,000) square feet gross floor area.

(15)

Passenger and recreational vehicle maintenance services including service stations, washing and waxing, brake muffler, and tire repair.

(16)

Passenger and recreational vehicle repair, body work, upholstery, and painting.

(17)

Truck maintenance and repair.

(18)

Animal hospitals, shelters, kennels, and veterinary clinics.

(19)

Equipment rental yards.

(20)

Minor agricultural services which serve the immediate vicinity including blacksmithing, welding, small machinery repair, and the like.

(c)

Recreational Uses:

(1)

Hotels, motels, inns, and guest ranches which are not located within designated village commercial areas in the coastal plan.

(2)

One (1) bed and breakfast inn, of five or fewer rooms per definition, subject to design review, Article XXIX, and/or landmarks commission Article 24. No accessory structures shall be used for rental occupancy. A bed and breakfast inn shall have an owner and/or operator in residence within the structure. Nonamplified music, lawn parties, weddings, or similar outdoor activities may be allowed where specifically included in the use permit.

(3)

Commercial recreation facilities including theaters, gymnasiums, swimming centers, skating rinks, tennis clubs, racquetball and handball facilities.

(4)

Recreational vehicle parks, subject to Section 26C-325.5.

(d)

Residential Uses:

(1)

One (1) dwelling unit on a permanent foundation per lot, subject, at a minimum, to the following criteria and provided that no commercial use may be permitted unless the dwelling unit is removed or converted to another use in accordance with this district:

a.

The property has constraints or is of such a size as to make it infeasible to develop with commercial uses allowed by zoning.

b.

The unit complies with setbacks, building heights, and other standards of the applicable zoning district.

c.

The unit meets other conditions which may result from the application review process.

(2)

One dwelling unit on a permanent foundation per lot, if compatible with and secondary to an existing or proposed commercial use, and provided that the property has not otherwise been developed with a dwelling unit.

(3)

Additional dwelling units on permanent foundations provided that they are secondary to and compatible with an existing or proposed commercial use according to the following criteria:

a.

The combined floor area of all of the residential units on the site must be less than fifty percent (50%) of the combined floor area of the commercial development.

b.

All residential units shall be attached units and each unit or group of units shall be attached to the commercial structure.

c.

The maximum size of any residential unit is one thousand (1000) square feet.

(e)

Other Uses:

(1)

Wholesale warehouses and storage warehouses.

(2)

Fleet storage yards and equipment storage yards.

(3)

Fuel yards.

(4)

Cabinet shops; electrical, plumbing and heating shops; welding, sheet metal and machine shops.

(5)

Recycling centers for household paper, glass.

(6)

Public and private elementary schools, junior high schools, high schools and colleges.

(7)

Public playgrounds, parks, community centers, libraries, museums and similar uses.

(8)

Cemeteries, mausoleums, columbariums, and crematoriums.

(9)

Noncommercial clubs and lodges.

(10)

Churches.

(11)

Minor public utility buildings and public service or utility uses (transmission, distribution lines and telecommunications facilities excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, small power stations, transformer stations, fire and police stations and training centers, service yards, and parking lots which, at a minimum, meet the criteria of General Plan Policy PF-2(s) and which are not otherwise exempt by state law.

(12)

Intermediate free-standing telecommunication commercial facilities greater than fifty feet (50′) in height subject at a minimum to the applicable criteria set forth in Section 26C-325.7.

(13)

Non-commercial telecommunication facilities greater than eighty feet (80′) in height subject at a minimum to the applicable criteria set forth in Section 26C-325.7.

(14)

Exploration and development of low temperature geothermal resources for other than power development purposes provided that at a minimum it is compatible with surrounding land uses.

(15)

Large residential community care facility.

(16)

Major medical facilities, small medical offices and clinics.

(17)

Outdoor vendors.

(18)

Recycling centers for household paper, glass, metals.

(19)

Day care center.

(20)

Commercial planned developments and commercial condominiums. Compatibility and provision of amenities shall be required and unique characteristics, design innovation and creativity shall be additional criteria utilized in evaluating such development. The lot size and required yards of Section 26C-132 shall not apply to such development.

(f)

Other non-residential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses described in Section 26C-131.

(Ord. No. 5318 § 1, 2001.)