Restriction on New Land Uses. No use of land, buildings or structures shall be established, constructed, reconstructed, altered or replaced unless:

Exemptions from Land Use Permit Requirements. The land use permit requirements of this title do not apply to the following activities, uses of land and structures, provided that activities which are exempt from land use permit requirements shall comply with all other applicable regulations of this title including, but not limited to, use, setback, and height, except as otherwise specified.

Temporary Uses. Requirements for establishing a temporary use are in Sections 19.06.020 and 19.06.190 of this title.

Other Permits May Still Be Required. A land use that has been authorized by a land use permit or is not required by this title to have a land use permit may still be required to obtain other permits before the use is constructed, or otherwise established and put into operation. Nothing in this title shall eliminate the need to obtain building, grading or other construction permits, a business license, or subdivision approval if they are required by other provisions of this code, or any permit required by the county health department, air pollution control district, state or federal agency. All other necessary permits shall be obtained before starting work or establishing a new land use.

Purpose. Sections 19.02.100 through 19.02.330 of this chapter determine what land uses are allowed in each zone, what land use permit is required to establish each use, and the basic development standards that apply to allowed land uses in each of the zoning districts established by Section 19.02.010 of this chapter.

Applicability, Additional Requirements. The requirements of Sections 19.02.110 through 19.02.330 of this chapter apply to proposed land uses in addition to any applicable provisions of Chapter 19.04, Chapter 19.06 or any other applicable provisions of this title.

Conflicts Between Provisions. In the event of any conflict between the following zoning district regulations and Chapters 19.04 or 19.06, the provisions of 19.04 and 19.06 shall control.

Measurement of Setback and Height Standards. Explanations of how height limits and setback requirements apply to sites and projects are in Sections 19.04.110 and 19.04.160 of this title, respectively.

RS (Single-Family Residential). The RS zoning district is intended to reserve appropriately located areas for family living in detached dwelling units at a reasonable range of population densities, consistent with sound standards of public health, safety, and welfare. The RS zoning district is consistent with the low density residential designation of the general plan.

RM (Multifamily Residential). The RM zoning district provides areas for duplexes, triplexes, fourplexes, apartments, condominiums, other multiple-family dwellings, and detached single-family dwellings at higher densities than found in the RS zone, and is intended to allow flexibility and encourage innovation and diversity in the design of residential developments. A wide range of densities and housing types are allowed, while requiring developments to incorporate substantial amounts of open space. The RM zoning district is consistent with the medium density residential and multifamily residential designations of the general plan. Mixed-use projects with a commercial component are permitted subject to the regulations contained in Chapter 19.18 of this title.

PRD (Planned Residential Development). The PRD zoning district is applied to areas designated by the general plan for residential use that have sensitive environmental, visual, or other characteristics which can be benefited by flexible and innovative design, so that a development can provide for desirable aesthetic and efficient use of space, and preserve significant natural, scenic, and cultural site resources. This district is also intended to: encourage clustering of structures to preserve a maximum amount of open space; allow for a diversity of housing types; and provide recreational opportunities for both site residents and the public. The PRD zoning district is consistent with the low density residential, medium density residential, and multifamily residential designations of the general plan.

MHP (Mobilehome Park). The MHP district provides areas for mobilehomes on nonpermanent foundations in planned developments such as mobilehome rental parks and mobilehome condominiums. The intent is to provide affordable housing opportunities, and to ensure a safe and attractive residential environment by promoting high standards of site planning, architecture, and landscaping design. The MHP zoning district is consistent with the medium density residential designation of the general plan.

Allowed subject to zoning clearance ("A" uses on the tables) (see Section 19.08.100); or

Allowable subject to approval of a minor use permit ("MUP") (Section 19.08.110); or

Allowable subject to approval of a conditional use permit ("CUP") (Section 19.08.110); or

Allowable subject to approval of a development plan ("DP") (Section 19.08.120).

Note: See Section 19.01.050(C) regarding uses not listed; see Chapter 19.12 for definitions of listed uses.

Site Development Standards. The following minimum requirements apply to development within the residential zoning districts. Additional standards are in Chapters 19.04 and 19.06 of this title. Refer to Chapter 19.18 for additional standards relating to mixed-use projects.

Minimum Lot Size for New Subdivisions, RS Zone. The minimum area and width of lots proposed in new residential subdivisions is determined by the following table, based on a suffix to the zoning map symbol (e.g., RS-6, RS-7, RM-10, etc.), as follows:

Residential Density, RM Zone. The maximum density for each lot zoned RM shall be specified by a number following the RM on the city zoning map. The number represents the number of dwelling units per gross acre permitted on the lot, as follows:

Community Design Guidelines. Every proposal shall be reviewed using the community design guidelines.

Multifamily Infill Projects. Applications for development of multifamily dwellings on property zoned RM shall be processed as follows:

Findings Required for Rezoning. No property shall be rezoned to the PRD zoning district unless the council first finds that:

Permit Requirement. Development plan approval (Section 19.08.120) is required before any subdivision or development within the PRD zoning district, and the development plan application shall be submitted with the application for rezoning to the PRD zoning district.

Findings Required for Development Plan Approval. In addition to the findings required for the approval of development plans by Section 19.08.120 of this title, no development plan shall be approved for property zoned or to be rezoned to PRD unless all of the following findings are made:

Allowable Land Uses and Permit Requirements. See Section 19.02.110 of this chapter.

Minimum Lot Area and Residential Density. No minimum lot size. The maximum density allowed for in the PRD zone is as specified for the site by the land use element of the Buellton general plan.

Site Development Standards. The following standards are in addition to the general development requirements in Section 19.02.120(A) of this chapter, and shall apply to all development in the PRD zone, except where otherwise provided by Chapters 19.04 or 19.06 of this title for a particular situation or land use.

Homeowners' Association. At the time of submittal of the development plan application, the applicant shall file a description of the proposed organization of the Homeowners' Association including conditions, covenants, and restrictions that will govern the association. Such description shall be reviewed by the city attorney, who shall make a recommendation to the commission. Required provisions shall include but are not limited to the following:

Shared Living Arrangements. Shared living arrangements, including supported living (e.g., in-home supportive services) and licensed community care facilities, may be occupied without regard to familial status, disability or other population segment stipulated in fair housing statutes (e.g., individuals with Alzheimer's, AIDS/HIV, and homeless).

Special Needs Housing. Special needs housing, as defined in Section 19.12.020, are allowed by conditional use permit as provided in Chapter 19.02 and Section 19.08.110 of this title. The development standards for projects requiring a conditional use permit shall be those that are specified for the underlying zone district where the project is located, provided, however, that such development standards may be modified or waived by development plan (as provided in Section 19.08.120G.1).

Non-Discrimination. No project shall be denied nor shall any condition be imposed on a project over which the city has discretionary approval (as codified in Chapter 19.08) with regard to familial status, disability or other population segment stipulated in fair housing statutes (e.g., individuals with Alzheimer's, AIDS/HIV, and homeless).

The city council finds that visitors and tourists who rent short-term lodging units in residential zoning districts can increase the demand for city services and law enforcement and create adverse impacts, including excessive noise, disorderly conduct, vandalism, overcrowding, traffic and parking congestion, and accumulations of refuse. The city council finds, therefore, that short-term lodging in residential zoning districts presents a threat to the public welfare. The restrictions in this section are necessary to prevent the burden on city services and adverse impacts on residential neighborhoods that result from short-term lodgings.

Definitions.

Short-term lodging units are prohibited in all residential zoning districts.

Property owners, renters, lessees, subtenants, property managers, and people or entities in charge of a property are responsible for complying with this section.

CN (Neighborhood Commercial). The CN zoning district provides areas for retail sales and personal services for the convenience of surrounding residential areas, and only secondarily to provide shopping opportunities for the city as a whole. This district is intended to accommodate the development of retail centers that are compatible with, and do not detract from, the character of surrounding residential neighborhoods. Typical land uses may include a small grocery or convenience store, drug store, laundromat, barber, or video rental store provided that the maximum floor area of individual tenant spaces in a development does not exceed 5,000 square feet, as required by the general plan. The CN zoning district is consistent with the neighborhood commercial designation of the general plan. Mixed use projects with a residential and/or industrial component are permitted subject to the regulations contained in Chapter 19.18 of this title.

CR (General Commercial). The CR zoning district provides areas to serve community retail business and commercial needs including stores, shops, and offices on individual lots and in shopping centers, supplying commodities or performing services for the residents of the entire community. The CR zoning district is consistent with the general commercial designation of the Buellton general plan. Mixed use projects with a residential and/or industrial component are permitted subject to the regulations contained in Chapter 19.18 of this title.

CS (Service Commercial). The CS zoning district provides areas for commercial establishments that involve extensive outdoor activities or the sale of large products. Such uses can include lumber yards and appliance sales, in addition to wholesale service and business facilities with ancillary offices and inside storage areas. The intent is to provide for more intensive commercial uses, while ensuring compatibility with and the protection of neighboring land uses from undesirable noise, odor, lighting, traffic, or visual impacts. The CS zoning district is consistent with the service commercial designation of the general plan. Mixed use projects with a residential and/or industrial component are permitted subject to the regulations contained in Chapter 19.18 of this title.

M (Industrial/Manufacturing). The M zoning district provides areas exclusively for light industrial and manufacturing uses. The intent is to encourage sound industrial development in appropriate areas and provide development standards to protect nearby residential, commercial, and industrial uses from hazards, noise, and other disturbances. The M zoning district is consistent with the industrial designation of the general plan. Mixed use projects with a residential and/or commercial component are permitted subject to the regulations contained in Chapter 19.18 of this title.

Allowed subject to zoning clearance ("A" uses on the tables) (see Section 19.08.100); or

Allowable subject to approval of a minor use permit ("MUP") (Section 19.08.110); or

Allowable subject to approval of a conditional use permit ("CUP") (Section 19.08.110); or

Allowable subject to approval of a development plan ("DP") (Section 19.08.120).

Land uses that are not listed on the tables or are not shown in a particular zone are not allowed, except where otherwise provided by Section 19.02.030B of this chapter.

Site Development Standards. The following minimum requirements apply to development within the commercial and industrial zoning districts. Additional standards are in Chapters 19.04 and 19.06 of this title. Refer to Chapter 19.18 of this title for additional standards relating to mixed-use projects.

Limitation on Floor Area, CN District. The maximum floor area of individual tenant spaces in a commercial development shall not exceed 5,000 square feet.

Outdoor Storage, Trash Collection Areas. Areas for trash or outdoor storage shall be enclosed and screened to conceal all trash or stored material from public view.

Performance Standards for Industrial and Manufacturing Uses. Proposed development and land uses within the M (Industrial/Manufacturing) zoning district shall be designed, constructed, operated and maintained so as to comply with the following standards:

Community Design Guidelines. Every proposal shall be reviewed using the community design guidelines.

Variable Height Limit. The maximum building height allowed in the CN or CR zoning district for property with frontage along Avenue of Flags may be increased to a maximum of 45 feet on a case-by-case basis in conjunction with development plan approval under the jurisdiction of the planning commission as provided in Sections 19.02.110 and 19.05.120 of the Buellton Municipal Code. The determination of maximum building height shall take into account the variable topographic conditions along Avenue of Flags including: (1) the change of grade elevations from intersection Jonata Road to the intersection of Highway 246; and (2) the change of grade elevations from street frontage to rear of lot for properties located along the easterly side of Avenue of Flags.

REC (Recreation) Zoning District. This district provides for publicly or privately-owned open space for various forms of outdoor recreation. The intent is to encourage outdoor recreational uses that will protect and enhance areas with both active and passive recreation potential because of their beauty and natural features. Development should offer recreational uses that compliment and are appropriate to the area because of these features. The REC zoning district is consistent with the Open Space/Parks and Recreation designation of the general plan, which sets a goal of providing a ratio of five acres of parkland per 1,000 population in Buellton.

OS (Open Space) Zoning District. The purpose of this district is to ensure protection of lands that are unsuited for intensive development and have slopes in excess of 40%, and/or areas with outstanding resource values, such as environmentally sensitive habitat areas, creeks, and hillsides. The OS zoning district is consistent with the open space/parks and recreation designation of the general plan.

PQP (Public/Quasi-Public) Zoning District. This district is intended to accommodate public service facilities operated by government agencies, or quasi-public entities such as school districts and churches. This zoning district can accommodate a wide range of educational, office, storage, maintenance, and infrastructure operating facilities. The PQP zoning district is consistent with the public/quasi public designation of the general plan.

Allowed subject to zoning clearance ("A" uses on the tables) (see Section 19.08.100); or

Allowable subject to approval of a minor use permit ("MUP") (Section 19.08.110); or

Allowable subject to approval of a conditional use permit ("CUP") (Section 19.08.110); or

Allowable subject to approval of a development plan ("DP") (Section 19.08.120).

Land uses that are not listed on the tables or are not shown in a particular zone are not allowed, except where otherwise provided by Section 19.02.030B of this chapter.

General Development Standards. Development within the special purpose zoning districts shall be designed and constructed in compliance with the following minimum requirements. Additional standards for development are in Chapters 19.04 and 19.06 of this title.

REC District, Findings Required for Rezoning. Except for existing public or private outdoor recreational areas as shown by the land use element of the general plan, no property shall be rezoned to the REC district unless the council first makes the following findings:

OS District, Conditional Use Permit Findings. In addition to the findings required for approval of a conditional use permit in Section 19.08.110(D) no conditional use permit shall be approved within the OS zoning district unless the commission or zoning administrator also makes all of the following findings:

Community Design Guidelines. Every proposal shall be reviewed using the community design guidelines.

Purpose. Overlay zoning districts are established by the zoning ordinance to identify particular sites, neighborhoods, or other areas of the city where conditions or circumstances exist that require special consideration in site planning, project design, or project implementation.

Applicability. Overlay zoning districts are applied to properties within the city through the rezoning process (Section 19.10.110), and shall be indicated on the zoning map (Section 19.02.020) by means of the overlay zoning district map symbol being added to the primary zoning district map symbol as a suffix. (For example, where the affordable housing (-H) overlay zone is applied to property within the multifamily residential (RM) zoning district, the zoning map will show the site as "RM-H".)