Title 23 COASTAL ZONE LAND USE
Chapter 23.08 SPECIAL (S) USES
23.08.012 Applicability of standards for special uses.
Standards in this chapter are related to the special characteristics of
the uses discussed and unless otherwise noted, apply to developments in addition
to all other applicable standards of this title, and all applicable planning
area standards of the land use element. Any land use subject to this chapter
shall comply with the provisions of this chapter for the duration of the
use.
(a) Conflicts With Other Provisions. In cases where the provisions of
this chapter conflict with other applicable requirements of this title or the
land use element, the following rules apply:
(1) If the standards of this
chapter conflict with the provisions of Chapters 23.02, 23.03, 23.04, 23.05 or
23.06, these standards prevail, except as otherwise provided by Section
23.08.014.
(2) If a use is subject to more than one section of this chapter,
the most restrictive standards apply.
(3) Where planning area standards
(Part II of the land use element or policies adopted as standards in the LCP
policies document) conflict with the provisions of this chapter, the planning
area standards or LCP policies (as applicable) shall prevail.
(b) Exceptions
to Special Use Standards. The standards of this chapter may be waived or
modified through development plan approval, except where otherwise provided by
this chapter and except for standards relating to residential density or
limitations on the duration of a use (unless specific provisions of this chapter
allow their modification). Waiver or modification of standards shall be granted
through development plan approval (Section 23.02.034) only where the planning
commission first makes findings that:
(1) Set forth the necessity for
modification or waiver of standards by identifying the specific conditions of
the site and/or vicinity which make standard unnecessary or
ineffective.
(2) Identify the specific standards of this chapter being
waived or modified.
(3) The project, including the proposed modifications to
the standards of this chapter, will satisfy all mandatory findings required for
development plan approval by Section 23.02.034(c)(4) of this title.
In no
case, however, shall any standard of this chapter be reduced beyond the minimum
standards of the other chapters of this title, except through variance (Section
23.01.045). (Ord. 2715 § 93, 1995; Ord. 2592 § 9 (part),
1992)
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