Buellton City Zoning Code
CHAPTER 19
01 PURPOSE AND EFFECT OF ZONING TITLE
§ 19.01.010 Title and purpose.
This is the zoning ordinance of the city, Title 19 of the Buellton Municipal Code, hereafter referred to as "this title." This title serves to carry out the policies of the Buellton general plan by classifying and regulating the uses of land, buildings, and structures within the corporate boundaries of the city. This title is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare. More specifically, the purposes of this title are to:
A.
Provide standards for the orderly growth and development of the city;
B.
Encourage the most appropriate uses of land;
C.
Maintain and protect the value of property;
D.
Conserve and protect the natural resources of the city;
E.
Protect the character, and social and economic stability of residential, commercial, industrial and agricultural areas; and
F.
Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other facilities and public utilities.
(Prior code § 19.01.010; Ord. 94-13, 1994)
§ 19.01.020 Applicability of zoning ordinance.
This title applies to all land uses and development within the city as provided by this section.
A.
New Land Uses and Changes to Existing Uses. It is unlawful, and a violation of the Buellton Municipal Code, for any person or public agency to establish, construct, reconstruct, alter or replace any use of land, building or structure, unless:
1.
The proposed use of land is allowed by Chapter 19.02 of this title within the zone that applies to the site; and
2.
The proposed use of land, building or structure, or division of land satisfies all applicable requirements of this title, including, but not limited to, minimum lot area, height limits, required setbacks, parking standards, residential density, sign standards, specific use requirements; and
3.
Any land use permit or other approval required by Chapter 19.02 of this title is first obtained as provided by Chapter 19.08 of this title, and any applicable conditions of approval are first satisfied.
B.
Issuance of Building Permits. No building permit shall be issued by the building department unless the proposed land use and construction satisfy the requirements of subsection A of this section.
C.
Subdivision of Land. Any subdivision of land within the city occurring after the effective date of this title shall be consistent with the minimum lot size requirements of Chapter 19.02 of this title, all other applicable requirements of this title, and all applicable requirements of the Buellton subdivision ordinance, Title 18 of this code.
D.
Continuation of an Existing Use. It is unlawful and a violation of the Buellton Municipal Code for anyone to operate or maintain a use of land in any manner that violates any provision of this title. However, the requirements of this title are not retroactive in their effect on a use of land that was lawfully established before this title or any applicable amendment became effective, except where an alteration, expansion or modification to an existing land use is proposed, and except as provided by Sections 19.10.200, et seq.
E.
Effect of Zoning Ordinance Changes on Projects in Progress. The enactment of this title or amendments to its requirements may have the effect of imposing different standards on development or new land uses than those that applied to existing development (e.g., this title or a future amendment could require more off-street parking spaces for a particular land use than former zoning ordinance provisions). This subsection determines how the requirements of this title apply to development projects in progress at the time requirements are changed.
1.
Projects with Pending Applications. All land use permit applications that have been determined by the department to be complete as provided by Government Code Section 65943 before the effective date of this title or any amendment, will be processed according to the regulations and requirements in effect at the time the application was accepted as complete. Applications for land use permit extensions of time shall be consistent with the requirements of this title that are in effect when the application for time extension is accepted as complete.
2.
Approved Projects not yet Under Construction. Any land use authorized by a zoning clearance, development plan, conditional use permit or variance, for which construction has not begun as of the effective date of this title or amendment may still be constructed as provided by the approved permit, as long as construction is completed and the approved use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension (see Chapter 19.08 of this title).
3.
Projects Under Construction. A building or structure that is under construction on the effective date of this title or any amendment, need not be changed to satisfy any new or different requirements of this title as long as construction is beyond the completion of foundations on the effective date of this title or amendment.
F.
Other Requirements May Apply. Nothing in this title shall eliminate the need for obtaining any other required permits, including, but not limited to, building permits, plumbing, electrical, or mechanical permits, grading permits, the approval of a parcel or final map, or any permit, approval or entitlement required by other chapters of this code or the regulations of any city department or other public agency, such as authority to construct or permit to operate from the Santa Barbara County Air Pollution Control District, or streambed alteration permits from the California Department of Fish and Game.
G.
Exceptions. The provisions of this title shall not apply to the following:
1.
Development by the federal government on leased or federally owned land.
2.
Development by the city.
3.
Development by the state of California or an agency of the state acting in its sovereign (governmental) capacity.
(Prior code § 19.01.020; Ord. 94-13, 1994)
§ 19.01.030 Prior zoning ordinances and development plans.
All the sections of zoning ordinances previously adopted which added development plans and zone district text provisions applicable to particular property by amendments to Title IV of Ordinance 661 of the County of Santa Barbara, the Santa Barbara County Zoning Ordinance (Article III of Chapter 35 of the Santa Barbara County Code as adopted by Ordinance 3347, and all amendments thereto that were effective before February 1, 1992), and Development Plans and Precise Plans previously adopted pursuant to Ordinances 661 and Article III of Chapter 35, are incorporated by reference into this section and shall have the same force and effect as if the provisions of such ordinances and plans were fully set forth here.
(Prior code § 19.01.030; Ord. 94-13, 1994)
§ 19.01.040 Responsibility for administration.
This title shall be administered by the planning director (hereafter referred to as the director), the Buellton planning department (hereafter referred to as the department), city council (hereafter referred to as the council), planning commission (hereafter referred to as the commission), and zoning administrator, as provided in Sections 19.10.010 et seq., of this title.
(Prior code § 19.01.040; Ord. 94-13, 1994)
§ 19.01.050 Interpretation.
The director is assigned the responsibility and authority to interpret the requirements of this title. Questions about the meaning or applicability of any part of this title are to be resolved as provided by this section.
A.
Language.
1.
Terminology. When used in this title, the word "shall" is always mandatory and "may" is discretionary. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.
2.
Number of Days. Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days, except that such time limits shall extend to the following working day where the last of the specified number of days falls on a weekend or holiday.
3.
Minimum Requirements. When interpreting and applying the regulations of this title, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits for buildings and structures, building coverage, and the numbers and size of signs allowed are maximums, not minimums).
4.
Rounding. Except or unless otherwise specified in this title, when calculating the number of permitted or required items (i.e., residential density computations, number of required parking spaces, etc.), any fractional numbers shall be rounded up to the next highest whole integer.
B.
Map Boundaries. Where uncertainty exists about the location of any zoning district boundary shown on the official zoning map, the following rules shall be used to resolve the uncertainty:
1.
Where district boundaries approximately follow lot, alley, or street lines, such lot lines and street and alley centerlines shall be construed as the district boundaries.
2.
If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by using the scale appearing on the zoning map.
3.
Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zone or zones of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.
C.
Allowable Uses of Land. If a proposed use of land is not specifically listed in Chapter 19.02 of this title, the use shall not be allowed, except as follows:
1.
The director may determine that a proposed use not listed in Chapter 19.02 of this title is allowable if the director finds all of the following:
a.
The characteristics of, and activities associated with the proposed use are substantially similar to those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or population density than the uses listed in the district.
b.
The proposed use will meet the purpose and intent of the district in which the use is proposed to be located.
c.
The proposed use will be consistent with the goals, objectives and policies of the general plan.
2.
Upon a determination by the director that a proposed unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this title apply.
3.
Determinations that specific unlisted uses are equivalent to listed uses will be recorded by the department, and will be incorporated into the land use definitions of the zoning ordinance when amendments to the ordinance are next considered.
4.
The director may forward questions about equivalent uses directly to the commission for determination at a public hearing.
D.
Conflicting Provisions.
1.
Other Code Provisions. If conflicts occur between different requirements of this title, or between this title and other requirements of the Buellton Municipal Code, the most restrictive shall apply.
2.
Specific Plans. When conflicts occur between the provisions of this title and standards adopted as part of any specific plan, the provisions of the specific plan shall apply.
3.
Private Agreements. It is not intended that the requirements of this title are to interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that was in effect when this title became effective. Where this title imposes a greater restriction on the development or use of structures or land than a private requirement, the provisions of this title shall apply. Where a covenant or private agreement imposes a greater restriction than this title, the provisions of this title shall still apply (without diminishing any private agreements or restrictions). The city will not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
E.
Appeal and Referral. Any interpretations of the zoning ordinance by the director may be appealed as provided by Section 19.10.130 of this title. The director may refer any interpretation of this title to the commission for a decision.
(Prior code § 19.01.050; Ord. 94-13, 1994; Ord. 06-10 § 2(J)(3), 2006)
§ 19.01.060 Fees-Established by resolution.
The council shall establish by resolution a schedule of fees for processing the various applications required by this title. All required fees shall be paid at the time of filing the application with the department and no processing shall commence until the fee is paid.
(Prior code § 19.01.060; Ord. 94-13, 1994)
§ 19.01.070 Partial invalidation of zoning ordinance.
If any chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this title is for any reason held to be invalid, unconstitutional or unenforceable, such decisions shall not affect the validity of the remaining portions of this title. It is declared that this title and each chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more of such portions of the ordinance be declared invalid, unconstitutional or unenforceable.
(Prior code § 19.01.070; Ord. 94-13, 1994)
§ 19.01.080 Administration of the jurisdiction of zoning.
If, in the discretion of the planning director, the promotion of efficient and sound planning principals or protection of the public welfare and safety require that the city council exercise final decision jurisdiction for the review and approval of any one or more applications for a proposed private or public project subject to the title, the planning director, notwithstanding any provision in the title, may submit the project applications for review and decision as follows:
A.
To the planning commission for a recommendation of approval, conditional approval, or denial to the city council, with final decision by the city council; or
B.
Directly to the city council for final decision on the project and all related applications.
(Ord. 01-04 § 3, 2002)