The regulations specified in this chapter shall be subject to the following interpretations and exceptions.
(Ord. 3690, 1974)
Where any provisions of this chapter impose more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provision of this chapter shall govern.
(Ord. 3690, 1974)
Following approval of the required plot plan and landscaping plan, the lessee of such site shall construct said buildings and install such landscaping in accordance with said plans and without material or substantial deviation therefrom. In addition, said buildings and landscaping shall be thereafter maintained in a clean and orderly condition in order that said leasehold or establishment, or any part thereof, shall not become offensive or obnoxious to persons occupying properties in sight or view thereof, or traveling on the adjacent streets.
(Ord. 5025, 1997)
The express enumeration and authorization in this chapter of a particular class of building, structure, premises or use in a designated zone shall be deemed a prohibition of such building, structure, premises or use in all zones of more restrictive classification, except as otherwise specified.
(Ord. 3690, 1974)
Uses other than those specifically mentioned in this chapter as uses permitted in each of the zones may be permitted therein, provided such uses are similar to those mentioned and are in the opinion of the City Council not more obnoxious or detrimental to the welfare of the community than the permitted uses in the respective zones. The City Council may approve such uses by ordinance amendment after a recommendation has been received from the Airport Zoning Commission.
(Ord. 3690, 1974)
The City Council after a recommendation has been received from the Airport Zoning Commission may, by ordinance amendment, exclude any permitted use from any zone if in the opinion of the City Council it is obnoxious or detrimental to the welfare of the community.
(Ord. 3690, 1974)
The following regulations shall apply to all nonconforming buildings and structures or parts thereof and uses legally existing at the effective date of this chapter:
A. 
Any such nonconforming building or structure may be continued and maintained provided there is no physical change other than necessary maintenance and repair in such building or structure, except as permitted in other sections of this chapter.
B. 
Any such nonconforming use of a conforming building may be maintained and continued provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use, except as otherwise provided in this chapter.
C. 
Any part of a building, structure or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this chapter shall not thereafter be used or occupied by a nonconforming use.
D. 
Any part of a building, structure or land occupied by such a nonconforming use, which use is abandoned, shall not again be used or occupied for a nonconforming use. Any part of a building structure or land occupied by such a nonconforming use, which use is discontinued or ceases for a period of one year or more, shall not again be used or occupied for a nonconforming use.
E. 
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restrictive classification.
F. 
The foregoing provisions of this section shall also apply to building, structures, land or uses which hereafter become nonconforming due to any reclassifications of zones under this title or any subsequent change in the regulations of this title; provided, however, that where a period of years is specified in this section for the removal of nonconforming uses, said period shall be computed from the date of such reclassification or change.
G. 
The provisions of this chapter concerning the physical change, abandonment, structural alteration, removal, discontinuance, reconstruction, repairing or rebuilding of nonconforming buildings, structures and uses shall not apply to public utility buildings, structures and uses. Nothing in this chapter shall be construed or applied so as to prevent the expansion, modernization or replacement of public utility buildings, structures, equipment and facilities where there is no change of use or increase in area of the property so used.
H. 
Nothing in the above provisions shall be construed to prohibit any additions or alterations to a nonconforming structure as may be reasonably necessary to comply with any lawful order of any public authority made in the interest of the public health, welfare, safety or morals.
I. 
Nonconforming uses resulting from amendments. The provisions of this chapter shall apply to uses which become nonconforming by reason of any amendment to this title, as of the effective date of such amendment.
(Ord. 3690, 1974; Ord. 4375, 1986; Ord. 4674, 1991; Ord. 5025, 1997)
A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy, to the extent of not more than 75% of its occupancy or use of such building, structure or part thereof which existed at the time of such partial destruction may be continued or resumed, provided the total cost of such restoration as determined by the Chief of Building and Zoning does not exceed 75% of the current market value according to the Assessor's records of the County of Santa Barbara of the building or structure at the time of such damage, and that such restoration is started within a period of one year and is diligently prosecuted to completion. In the event such damage or destruction exceeds 75% of the current market value of such nonconforming building or structure, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all the regulations for new buildings in the zone in which it is located.
(Ord. 3690, 1974)
Any building or structure for which a building permit has been issued, and actual construction has begun, prior to the effective date of this chapter, may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is diligently pursued to completion, and provided further that such building or structure shall be completed within two years from the effective date of this chapter.
(Ord. 3690, 1974)
Except where otherwise provided for in this chapter, every main building shall face or have frontage upon a public street or permanent means of access to a public street.
(Ord. 3690, 1974)
A. 
No building or structure shall contain more than three stories nor exceed a height of 45 feet, as defined in Chapter 28.04 or explained in Chapter 30.300 of this code. In any case, if the height limit in subsection C below is more restrictive, it shall supersede the height limit stated in this subsection A.
B. 
Aircraft hangars may not exceed 60 feet in height, as defined by Chapter 29.04 (Hangar Height) of this title. In any case, if the height limit in subsection C below is more restrictive, it shall supersede the height limit stated in this subsection B.
C. 
The height limits are modified by the approach, transitional and horizontal surfaces, the dimensions of which are determined by the FAA in the Federal Aviation Regulations Part 77, or their successors. No structure shall be erected, moved, altered or reconstructed, nor shall any plant or tree be allowed to grow in such a manner that the height thereof, including all superstructures and appurtenances, will exceed the height limits imposed in this section. The Airport Director shall verify compliance with this requirement. These height limits are declared necessary in order to reduce to a minimum the hazard to safe landing and take-off of aircraft using the Airport.
(Ord. 3690, 1974; Ord. 5025, 1997; Ord. 5798, 2017)
A. 
Measurement of all front setbacks shall be taken from the face of the curb. If there is no existing curb, the measurement shall be as listed below plus one-half of the width of the adjacent street, measured from the center of the traveled way.
B. 
A front setback shall be required for all buildings, as follows:
1. 
The minimum front setback on Hollister Avenue, Fairview Avenue, Los Carneros Road and the first 200 feet north of Hollister Avenue on David Love Place and Frederic Lopez Road shall be 20 feet.
2. 
The minimum front setback on all other roads shall be 10 feet for the first story of any structure and 20 feet for the second and third stories of all buildings.
(Ord. 5025, 1997; Ord. 5459, 2008)
Where setbacks are required in this chapter, they shall not be less in depth or width than the minimum dimensions specified for any part, and they shall be at every point unobstructed by structures from the ground upward, except as follows:
A. 
Cornices, canopies, chimneys, eaves or other similar architectural features not providing additional floor space within the building may extend into any required setback not to exceed two feet.
B. 
Porches, terraces and outside stairways, unroofed, unenclosed above and below floor or steps, and not extending above the level of the first floor, may project not more than three feet into any required interior setback.
(Ord. 3690, 1974; Ord. 5459, 2008)
The front setback shall be used only for landscaping, except that such area may contain pedestrian walkways and reasonable vehicular ways of ingress and egress to and from abutting streets.
(Ord. 3690, 1974; Ord. 5025, 1997; Ord. 5459, 2008)
A. 
All utility, transmission and communication lines, wires, cables, pipes and conduits, together with all related equipment, shall be installed underground or within a building unless outside exposure is necessary to the proper functioning of such equipment (e.g., telephone utility lines and gas meters must be inside a building or underground, whereas antennae and fireplugs may be outside).
B. 
Antennas shall be subject to all applicable provisions of Title 28 of this code.
(Ord. 5025, 1997)
A. 
In the A-C, A-F and A-A-P Zones, no fence, screen, wall or hedge located in a setback shall exceed a height of six feet.
B. 
In the A-C, A-F and A-A-P Zones, no fence, screen, wall or hedge exceeding a height of three and one-half feet shall be located:
1. 
Within 10 feet of a front lot line.
2. 
Within 10 feet of either side of a driveway for a distance of 20 feet back from the front lot line.
C. 
In the A-C and A-F Zones, no fence, screen, wall or hedge located within 50 feet of a street corner and within the front setback shall exceed a height of three and one-half feet measured from the edge of the vehicular traveled way as determined by the Traffic Engineer; provided that where any fence, screen, wall or hedge within 50 feet of any corner impairs the visions of drivers of vehicles approaching on the intersecting street, the Community Development Director may further limit the height of construction by the terms of the permit issued to the applicant so as to prevent such impairment of vision.
D. 
In any zone, no barbed wire shall be used or maintained in or about the construction of a fence, screen, wall or hedge along any lines of any lot, or within three feet of said lines, and no sharp wire or points shall project at the top of any fence or wall six feet or less in height.
(Ord. 3690, 1974; Ord. 5459, 2008)
A. 
No recreational vehicle or mobilehome shall be used or occupied for living or sleeping purposes.
B. 
No recreational vehicle or mobilehome shall be used for office, retail or any other commercial purpose except in the following situations:
1. 
A mobilehome or commercial coach may be used as a sales office for a new or used mobilehome or recreational vehicle sales business if such mobilehome or commercial coach is on the same lot or parcel of land where the business is located and if, on such same lot or parcel of land, new or used mobilehomes or recreational vehicles, other than the mobilehome or commercial coach used for a sales office, are normally kept for display to the public.
2. 
A mobilehome, recreational vehicle or commercial coach may be used as a construction shack at the site of a construction project for the duration of such project.
C. 
The conforming use of a mobilehome, recreational vehicle or commercial coach which is made nonconforming by the provisions of this chapter shall be terminated and discontinued by the owner or possessor of such mobilehome, recreational vehicle or commercial coach within six months of the effective date of the ordinance codified in this chapter.
D. 
For the purposes of this section, commercial coach has the definition set forth in Section 18001.8 of the California Health and Safety Code, as same may be amended from time to time.
(Ord. 3690, 1974; Ord. 4269, 1984)
A. 
No portion of any front yard shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing, loose rubbish or garbage, junk, tents, garbage or rubbish receptacles, or building materials except as hereinafter provided. Permanent storage, as used in this section, shall mean storage for a period of 48 or more consecutive hours. No portion of any vacant or undeveloped lot shall be used for permanent storage.
B. 
Building materials for use on the same premises may be stored thereon during the time that a valid permit is in effect for construction on the premises.
(Ord. 3690, 1974)
A. 
The landscape development plan shall include a landscaped area equal to not less than 15% of the area of the leasehold or parcel, including landscaping, within required setbacks, walkways and bikeways, but excluding paved areas for vehicular use. At least one shade tree for each 2,000 square feet of such paved area shall be provided. Paved areas used for movement and storage of aircraft shall not be included in the area of the leasehold or parcel for purposes of calculating required landscaped area.
B. 
All planting areas shall be maintained in a manner that will sustain normal growth.
(Ord. 3690, 1974; Ord. 5025, 1997; Ord. 5459, 2008)
Whenever in the Airport Zoning Ordinance, as amended, the administrative duty of reviewing and approving landscaping or planting plans is placed upon any officer, board, commission or employee of the City, such officer, board, commission or employee may disapprove such plans, or any part of them if:
A. 
Any or all of the proposed plant materials are of the type having root structures which, in their natural and anticipated extension and growth, and in relation to their location as shown on the plans, may damage or interfere with the normal use and enjoyment of:
1. 
Clear Zones and aircraft traffic areas.
2. 
Public or private lines, cables, conduits, pipes or other underground structures.
3. 
Public or private sidewalks, curbs, gutters or hard surfaced roads, streets, driveways, parking and turnaround areas, easements or like things designed and constructed to accommodate vehicles.
4. 
Adjacent structures, foundations or landscape materials;
B. 
Any or all of the proposed plant materials:
1. 
Are noxious or dangerous to persons or domestic animals.
2. 
Exude or emit substances or things which, because of proposed location, will probably injure or damage real or personal property in the area of their effect.
3. 
Are weeds which bear seeds of a downy or wingy nature.
C. 
Any or all of the proposed plant materials, because of proposed locations and type, will contribute to the spread of or make more hazardous the possibility of a brush fire;
D. 
Any or all of the proposed materials which are designed for relatively permanent emplacement will probably die because of proposed locations poorly related to their ecological requirements;
E. 
Any or all of the proposed plant materials, as affected by normal growth, will probably block the view, sunlight or fresh air flow otherwise available at a window or other opening in the walls of a building on the property or of a building on adjacent property;
F. 
Any or all of the proposed plant materials are so arranged or placed so as not to produce the aesthetic result desired by the property owner or lessee;
G. 
Any or all of the proposed plant materials are in such combinations as to promote a natural competition for the elements necessary to their healthy growth and thus seriously affect their stability or permanence;
H. 
Any or all of the proposed plant materials, as affected by normal growth, will tend to become a nuisance to or otherwise interfere with the free use and enjoyment of neighboring property;
I. 
Any or all of the proposed plant materials, as affected by normal growth, and with reference to their proposed location, will probably become obstructions to the vision of vehicle operators or to other uses of public streets and places, as such obstructions are defined and regulated under the provisions contained in Chapter 12.08 of the Code of the City of Santa Barbara.
(Ord. 3690, 1974)