Loading...
HomeMy WebLinkAbout0716t ORDINANCE NO. 716 (1977 Series) rm AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE ARTICLE IX, CHAPTER 2, SECTION_9200.16, GENERAL REGULATIONS.; BE IT ORDAINED by the council of the City of San Luis Obispo as follows: SECTION 1. Municipal Code Article IX, Chapter 2, Section 9200.16, General Regulations,,' is - amended to read as follows: (See attached text.) SECTION 2. This ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram- Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of 30 days after its said final passage. INTRODUCED AND PASSED TO PRINT by the council of the City of San Luis Obispo at a meeting thereof held on the 6th day of September , 1977, on motion of Councilman Petterson , seconded by Mayor Schwartz and on the following roll call vote: AYES: Councilmen Petterson, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee ATTEST: C' ler Fitzpatrick Approved as to form: WENDT, MITCHELL, SIN HEIMER, de la MOTTE & LILLEY City Attorney 1 By Allen Grimes Approved as to content: City Administrative Officer 0 716 Communi ve opment Department By Assoc, to Planner SECTION 9200.16. GENERAL REGULATIONS Use permits, when required, shall be obtained according to Section 9200.17. A. USES: 1. Mineral Extraction: Minerals, eart=h -, and other natural materials on or in the ground may be removed in any District, provided a use permit is approved. Grading carried out in the normal course of building must comply with the!re- quirements of the Subdivision Regulations and the Grading Ordinance. 2. Temporary Uses: Temporary uses for periods not exceeding two years in undeveloped areas 'and six months in developed areas may be conducted, provided a use per - mit is approved. 3. Service Stations: Service Stations are permitted as specified in the Zoning Districts, subject to the requirements therein and the following regulations, provided that they may be varied by the-Planning Commission.to suit '__. individual circumstances.wh ere a use permit is required. a. Two thousand (2000) square feet of the site to be landscaped with trees, shrubs, and ground cover. b. Property lines adjoining a Residential District to'he screened with a six (6) foot high visual barrier, subject to the limitations of Subsection F. (Height Limits) C. Street frontage between driveways to have low screen wall, fence, hedge, or other provision to prevent cars driving on the sidewalk. d. At least eight (8) parking spaces to be provied for customers and staff. e. Outdoor storage and display to be limited to one hundred (100) square feet in area. f. Lighting fixtures to be arranged so as not to shine directly into an adjoining residential area or a public street. g. Bells or other sound signals to be switched off after 10:00 p.m. h. Design of service stations proposed in C -T and C -N Districts to be submitted for review with the use permit application. 4. Nursery: Retail nurseries are permitted in the C -N and C -R District subject to the following regulations: a. No bulk storage of fertilizer, soil, or other loose material, ex- cept those packaged in containers. b. No mechanical equipment to be stored except that used for the operation of the nursery itself. 5. Public Utilities: a. Distribution facilities may be constructed in any District pro- vided that exposed equipment on the ground in residential areas on land owned or leased by the utilities, shall be screened by means of walls, fences, or landscaping. b. Transmission lines may be constructed in any District provided the route is approved by the Planning Commission. c. Other unmanned public utility structures may be erected in", any District, provided a use permit is approved by the Planning Commission. d. Telephone exchanges may be permitted in the P 0 and subsequent Districts provided a use permit is approved by the Planning Commission. One (1) off street parking space shall be provided for each two (2) employees. 6. Signs: Signs may be erected in any District subject to the limitations of the Sign Regulations. B. NONCONFORMING USES: 1. A lawful use existing on the effective date of -these regulations which does not conform to these regulations may be continued, except as pro- vided in Subsection D. If such use ceases for a continuous period of six months, any subsequent use shall conform. 2. A non - conforming use may be changed to a use of a similar or more re- stricted nature provided that a use permit. is first obtained. M 3. Existing uses listed as conditionally allowed will.be considered con- forming. C. NONCONFORMING LOTS: 1. A lot zoned residential and having less area, width or depth than required by the Zoning Regulations or Subdivision Regulations may not be developed individually in the following situation: a. If the lot has been held in common ownership with contiguous property at any time since (the effective date of this ordinance) and, b. If the lot and commonly owned, contiguous property combined meet the requirements for subdivision into four (4) or more conforming lots. (Such a nonconforming lot shall be considered individually developable only after being resubdivided, in conjunction with contiguous property, into a lot which meets city standards.) 2. A lot zoned residential and having less area, width or depth than required by the Zoning "Regulations or Subdivision Regulations, and, not having the potential for resubdivision with commonly owned, contiguous property (as described in 1 above) -- whether or not it has been held in common with contiguous property -- may be developed under the following circumstances: a. Lots with at least forty -five (45) feet of frontage, seventy -five (75) feet of depth, and four - thousand five - hundred (4,500) square feet of area, and recorded before January 17, 1955, may be developed according to the density prescribed in the respective zones. (R -1 lots may be developed with one-single- family house.) All applicable development standards (such as coverage, yards, and parking) must be complied with. b. Lots with at least thirty (30) feet of frontage, fifty (50) feet of depth, and three - thousand (3;000) square feet of area, and recorded before January 17, 1955, may be developed, subject to approval of the Architectural Review Commission, according to the density prescribed in the respective zones. (R -1 lots may be developed with one single- family house.) All applicable development standards must be complied with.. c. Lots with less than thirty (30) feet of frontage, fifty (50) feet of depth, and three - thousand (3,000) square feet of area may be developed only in conjunction with adjoining lots or used separately for uses not involving structures (such as uncovered parking or patios, gardens, and landscaping)... 3. A lot zoned other than residential and having less area, width or depth than required by the Zoning Regulations or Subdivision Regula- tions may be developed subject to the approval of a use permit by the Planning Commission. D. NON - CONFORMING BUILDINGS: 1. A building which does not conform to these regulations (use, yards, height, etc.) which is damaged to an extent of more than twice its assessed value, may be restored only if made to conform. 2. Changes to interior partitions, non - structural improvements and repairs may be made to a non - conforming building to the extent of not more than twice its assessed value in any period of five years. E. YARDS: 1. Where four (4) or more lots in a block have been improved with buildings, the minimum required street yard for main buildings shall be the average of the improved lots if less than the street yard requirement herein. 2. 'Cornices, eaves, roof overhangs, trellises, beams, and other similar roof projections and chimneys, bay windows, patios and other similar architec- tural projections may extend o_r__ project into required yards according to the following chart: Type of Yard Projection Allowed '1 J of five (5) feet. Other Yards Six (6) inches for each one (1) foot of re- quired yard. 3. Wherever a Building Setback Line has been established, street yards shall" be measured from such line. F. HEIGHT LIMITS: 1. Decorative features, service structures and mechanical appurtenances may be erected in excess of height limits, provided a use permit is approved. 2. Walls, fences and screen planting shell not exceed the following height limits: a. Three (3) feet upon any street TOP of WALL, property line increasing evenly FENCE, OR / to six (6) feet at the back of HEDGE , - -- the required street yard. - Ls) ALTERNATE 0 in STREET R. 0. W. P�i STREET (VARIES) ._. - -- _- -- diagram A b. - -Three (3) feet within any required yard within thirty-five (35) feet of the street corners of any corner lot. C. o \ iri HEIGHT NOT TO \ EXCEED 3' -0" \ IN THIS AREA \ 35'-0" diagram B CURB Six (6) feet within any other required yard. Exceptions: 1. The specified height may be exceeded in a street yard pro- vided a use permit is obtained. 2. A height between six (6) and ten (10) feet may be approved by the Director in any other yard if written approval is given by the adjoining property owner and tenant. - - G. SUBDIVISION-OF DEEP LOTS: Large lots in R -1 District which cannot be developed by the installation of a standard subdivision street, either alone or in conjunction with adjoining properties, may be subdivided in the following manner: 1. Use permit required. 2. The original lot shall have frontage on a dedicated street of at least sixty (60) feet, plus the access required to potential rear lots. 3. Access to rear shall be a minimum of sixteen (16) feet of pavement in width .and shall be considered a private road fully maintained by the property owner or owners. 4. Each lot shall have yards as required in the R -1 District. A ten (10) foot yard shall be provided along the access road. 5. The area of each lot, exclusive of the access road, shall comply with the "Table of Lot Areas," as set forth in Section 9100.2(3)(a). 6. Any garage facing the access road shall be set back twenty (20) feet from such road. H. APPEALS: 1. Any person aggrieved by a decision made under the terms of this chapter, may appeal as follows-: a. A staff interpretation may be appealed to the Planning Commission. b._ A decision of the Board of Adjustments may be appealed to the Planning Commission. c. A decision of the Planning Commission may be appealed to the City Council. 2. Procedure: 9 a. Appeals, including reasons for appeal, shall be submitted in writ_in_g_ and filed with the Director within ten (10) calendar days of the decision. b. Appeals to the Commission shall be placed on the next open agenda. c. Appeals to the Council shall be advertised and posted as provided in Section 9200.17.B. 3. Fee: The fees for appeals to the Council shall be in such amounts as may be determined from time to time by resolution of the Council. ORDINANCE NO. 716 FINALLY PASSED this 18th day of October 1977 , on motion of Councilman Settle-:: seconded by Councilman Petterson on the following roll call vote: AYES: Councilmen Settle, Petterson and Jorgensen NOES: Councilman Dunin and Mayor Schwartz ABSENT: None ATTEST: ;J !JfzipifCeick, CITY CLERK