§ 22.01.050. Applicability of the Land Use Ordinance.

The provisions of this Title apply to all land use and development activities within the unincorporated areas of San Luis Obispo County, as follows, except uses and activities located within the Coastal Zone defined by the California Coastal Act of 1976, which are instead subject to the provisions of Title 23 of this code (the Coastal Zone Land Use Ordinance):

A.

Proposed uses. The provisions of this Title apply to all lots, buildings, structures and uses of land or bodies of water to be created, established, constructed, altered or replaced after the adoption of this Title unless specifically exempted by this Section. It shall be unlawful and a violation of this code for any person to establish, construct, alter, replace, operate or maintain any building, structure, use of land or body of water, contrary to or without satisfying all applicable provisions of this Title.

B.

Public roads. The provisions of this Title are not applicable to the construction and maintenance of public roads and other improvements within road rights-of-way by the county of San Luis Obispo or its contractors.

C.

Effect on existing uses. The provisions of this Title are not retroactive in their effect on a use of land lawfully established as of the date of adoption of this Title or any amendment, unless an alteration, expansion or modification to an existing use is proposed which requires a land use permit in compliance with this Title.

D.

Effect on previously issued permits. This Section determines how the Land Use Ordinance affects land use permits issued before the adoption of this Title under the provisions of Ordinance 603 (the Zoning Ordinance of the County of San Luis Obispo) and all amendments thereto, and land use permits issued before amendments to this Title or the Land Use Element which would now be subject to different requirements.

1.

Affected permits. The land use permits and other approvals that are subject to the provisions of this Subsection include all:

a.

Building Permits, Departmental Review approvals, Conditional Use Permits, Development Plans, and Variances, approved and issued in compliance with the Zoning Ordinance, which authorized uses still allowed in their locations by this Title; and

b.

Building Permits, Plot Plan approvals, Zoning Clearances, Site Plan approvals, Site Plan Review approvals, Minor Use Permits, Conditional Use Permits, Development Plan approvals, and Variances, approved and issued in compliance with this Title, which authorized uses still allowed in their locations by this Title,

2.

Entitlements consistent with the Land Use Ordinance. The permits listed in Subsection D.1 above, shall be deemed to have been issued in compliance with this Title as follows.

a.

A Building Permit and/or Plot Plan approval shall be treated for all purposes as if it were a Zoning Clearance.

b.

A Departmental Review shall be treated for all purposes as if it were a Site Plan Review if Site Plan Review would now be required by this Title to authorize the use; as a Minor Use Permit if a Minor Use Permit would now be required by this Title to authorize the use; and as a Conditional Use Permit if a Conditional Use Permit would now be required by this Title to authorize the use.

c.

A Conditional Use Permit or Development Plan shall be treated for all purposes as if they were Conditional Use Permits.

d.

A Variance issued in compliance with the Zoning Ordinance that is also in compliance with the provisions of this Title shall be treated for all purposes as if it were a Variance issued in compliance with the Land Use Ordinance.

3.

Compliance with current standards required. Any construction, expansion or alteration of an approved use after the effective date of this Title, and beyond the development authorized by the original entitlement or after the initial construction in a phased project, shall comply with all applicable provisions of this Title, or any conditions of approval adopted with the original permit or approval, whichever are more restrictive.

4.

Compliance with conditions of approval required. Any conditions of approval adopted with any of the permits or approvals listed in this Subsection shall remain in full force and effect, except that the conditions shall be superseded by any applicable provisions of this Title that are more restrictive.

5.

Completion of existing uses. Nothing in the title shall require any change in the plans, construction or approved use of a building or structure for which a permit has been issued before the effective date of this Title (December 18, 1980), or any amendment to the Land Use Element or this Title which changes allowable uses of land, land use permit requirements or other applicable provisions of this Title, provided construction is commenced and completed as follows:

a.

Building permits. Site work has progressed beyond grading and completion of structural foundations within 180 days after building permit issuance.

b.

Land use permits. Projects authorized by approval of Departmental Reviews, Conditional Use Permits, Variances and Development Plans for which construction permits have not been obtained as of the effective date of this Title are to be established through obtaining construction permits and completing substantial site work (see Section 22.64.080 - Substantial Site Work Defined) within one year of the effective date of the Departmental Review, Conditional Use Permit, Variance, Development Plan, or within any extension of time granted such entitlements before the effective date of the Land Use Ordinance; provided that any project that was approved for phased construction under the previous zoning entitlement may continue under the approved phasing schedule. (No entitlement approved under Ordinance 603 or any amendment thereto shall be granted a time extension under Section 22.64.070 (Land Use Permit Extensions of Time) after the effective date of the Land Use Ordinance except entitlements in compliance with the provisions of Subsection D.2.)

6.

Entitlements void. The following entitlements granted, approved or issued before the effective date of this Title are hereby repealed and deemed void, except as provided by Subsections D.2 and D.5:

a.

Conditional Use Permits and Variances granted in compliance with Chapter 22.92 of the Zoning Ordinance;

b.

Departmental Review approvals granted in compliance with Chapter 22.93 of the Zoning Ordinance;

c.

Development Plans and Planned Developments approved in compliance with Chapters 22.20, 22.46, 22.62, and 22.74 of the Zoning Ordinance;

d.

Rezonings and amendments approved in compliance with Chapter 22.94 of the Zoning Ordinance.

7.

Effect of void entitlement. In any case where an entitlement is deemed void in compliance with Subsection D.6, the effect on an approved land use of its entitlement becoming void shall be as follows:

a.

Existing use. A use established before the effective date of this Title shall become a legal nonconforming use subject to all applicable provisions of Chapter 22.72 (Nonconforming Uses, Structures, Parcels, and Signs), provided that any conditions of approval applicable to the use shall remain in full force and effect.

b.

Non-existing use. A use of land authorized by an entitlement that became void in compliance with Subsection D.6, for which substantial site work has not been completed as of the effective date of this Title (see Section 22.64.080 - Substantial Site Work Defined), shall be prohibited except as provided by Subsection D.3.

[Amended 1981, Ord. 2163; 1982, Ord. 2091; 1986, Ord. 2250; 1988, Ord. 2344; 1992, Ord. 2553] [22.01.030]