§ 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:

(i)

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.

(ii)

If a use is subject to more than one section of this chapter, the most restrictive standards apply.

(iii)

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 23.02.034c(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).

[Amended 1989, Ord. 2383; 1995, Ord. 2715]