Pismo Beach Municipal Code Ch. 17.06 Establishment of Zoning Districts, Adoption of Zoning Map

This chapter establishes the zoning districts applied to property within the city, determines how the zoning districts are applied on the zoning map, and provides general permit requirements for development and new land uses.

Pismo Beach shall be divided into zoning districts which implement the general plan/local coastal plan. The following zoning districts are established, and shall be shown on the official zoning map (Section 17.06.030).

TABLE 2-1 ZONING DISTRICTS

The council hereby adopts the city of Pismo Beach zoning map (hereafter referred to as the "zoning map"), which is on file with the department.

A. Inclusion by Reference. The zoning map, together with all legends, symbols, notations, references, zoning district boundaries, and other information on the map, has been adopted by the council in compliance with Government Code Sections 65800 et seq., and is hereby incorporated into this Zoning Code by reference as though it were fully included here.

B. Zoning District Boundaries. The boundaries of the zoning districts established by Section 17.06.020 (Zoning Districts Established) shall be shown upon the zoning map.

C. Relationship to General Plan/Local Coastal Plan. The zoning map shall implement the general plan/local coastal plan, specifically including the land use diagram.

D. Map Amendments. Amendments to the zoning map shall follow the process established in Chapter 17.56 (General Plan/Local Coastal Plan, Zoning Map, and Zoning Code Amendments).

E. Zoning Map Interpretation. The zoning map shall be interpreted in compliance with Section 17.02.020.C (Zoning Map Boundaries).

A. Purpose. Chapters 17.08 through 17.18 determine which land uses are allowed in each zoning district established by Section 17.06.020 (Zoning Districts Established), what land use permit is required to establish each use, and the basic development standards that apply to allowed land uses in each zoning district.

B. Determination of Allowable Land Uses and Permit Requirements. The uses of land allowed by this Zoning Code in each zoning district are identified in Chapters 17.08, 17.12, and 17.16, together with the type of land use permit required for each use.

1. Permit Requirements. Tables 2-2, 2-4, and 2-6 provide for land uses that are:

a. Permitted subject to compliance with all applicable provisions of this Zoning Code, subject to first obtaining a zoning clearance (Section 17.42.020), and any building permit or other permit required by the Municipal Code. These are shown as "P" uses in the tables;

b. Allowed subject to the approval of a minor use permit (Chapter 17.42.050), and shown as "MUP" uses in the tables; and

c. Allowed subject to the approval of a conditional use permit (Chapter 17.42.050), and shown as "CUP" uses in the tables.

Where a proposed project includes multiple land uses, and Tables 2-2, 2-4, and 2-6 require different land use permits for some of the uses, the project shall be authorized through the approval of the permit requiring the highest level review. (For example, a structure proposed in the CG district with a bar on the first floor (CUP required) and offices on the second floor (permitted uses) shall be authorized through conditional use permit approval.)

2. Uses Not Listed. Land uses that are not listed in the tables or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 17.02.020(D) (Rules of Interpretation--Allowable Uses of Land), or Section 17.03.030 (Exemptions from Land Use Permit Requirements).

3. Uses Not Permitted In Any Zone. The following uses shall not be allowed in any zone, and no conditional use permit shall issue permitting such use:

a. Medical marijuana dispensaries.

b. Marijuana cultivation.

C. Site Divided by Zoning District Boundary. Where a site is divided by one or more district boundaries, the site shall be developed in compliance with the requirements of each district, as applicable. For example, if a site is zoned both commercial and residential, the portion of the site zoned commercial shall be developed in compliance with the commercial zoning regulations, and the portion zoned residential shall be developed in compliance with the requirements of the applicable residential district.

D. Conflicts Between Provisions. Rules for resolving conflicts between different Zoning Code provisions may be found in 17.02.020(E) (Rules of Interpretation--Conflicting Requirements).

(Ord. O-2016-003 § 4, 2016; Ord. 06-02 § 5, 2006)

Any cultivation, processing or distribution of marijuana which takes place in violation of any provision of this chapter is unlawful, and is hereby declared a public nuisance and is subject to administrative penalties pursuant to chapter 1.24, in addition to any other remedies available to the city.

(Ord. O-2016-003 § 5, 2016)