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)