The Santa Barbara County Land Use and Development Code, hereafter referred to as the "Development Code," constitutes a portion of Chapter 35 of the Santa Barbara County Code. This Development Code carries out the policies of the Santa Barbara County Comprehensive Plan by classifying and regulating the uses of land and structures within the County, consistent with the Comprehensive Plan. This Development Code is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the County. More specifically, the purposes of this Development Code are to:

A.

Provide standards and guidelines for the continuing orderly growth and development of the County that will assist in protecting the character and stability (social and economic) of agricultural, residential, commercial and industrial uses, as well as the character and identity of communities within the County;

B.

Conserve and protect the County's natural beauty and setting, including waterways, hills and trees, scenic vistas, and historic and environmental resources;

C.

Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities;

D.

Encourage the most appropriate uses of land in order to prevent overcrowding of land and avoid undue concentration of population, and maintain and protect the value of property; and

E.

Ensure compatibility between different types of development and land use.

A.

Authority. The regulations within this Development Code are enacted based on the authority vested in the Santa Barbara County by the State of California, including: the California Constitution; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.); and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.)

B.

Consistency with Comprehensive Plan, and Community, Specific and Area Plans. This Development Code is a primary tool used by the County to carry out the goals, objectives, and policies of the Santa Barbara County Comprehensive Plan, including any applicable community, specific or area plan. The Santa Barbara County Board of Supervisors intends that all provisions of this Development Code be consistent with the Comprehensive Plan, including any applicable community, specific or area plan, and that any land use, subdivision, or development approved in compliance with these regulations will also be consistent with the Comprehensive Plan, including any applicable community, specific or area plan.

A.

Responsible bodies and individuals. This Development Code shall be administered by:

1.

The Santa Barbara County Board of Supervisors, hereafter referred to as the "Board;"

2.

The Planning Commission, hereafter referred to as the "Commission"

3.

The County Boards of Architectural Review, hereafter referred as the "Board of Architectural Review" including the following:

a.

Central County Board of Architectural Review

b.

North County Board of Architectural Review

c.

South County Board of Architectural Review

4.

The County Zoning Administrator, hereafter referred to as the "Zoning Administrator;"

5.

The Director of the Planning and Development Department, hereafter referred to as the "Director;" and

6.

The Planning and Development Department, hereafter referred to as the "Department."

B.

Responsibility and authority of Director. Whenever this Article refers to the Department, it is expressly understood that the Department staff are acting under the direction and control of the Director and that they report directly to the Director rather than the Commission or Board.

This Development Code applies to all land uses, subdivisions, and development within the County, except for the area designated as the Coastal Zone as defined in Article 35.11 (Glossary) and the Montecito Community Plan area, as follows.

A.

New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Development Code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 35.20.020 (Prerequisites for Development and New Land Uses) and Chapter 35.101 (Nonconforming Uses, Structures, and Lots). No Building Permit or Grading Permit shall be issued by the Department unless the proposed construction complies with all applicable provisions of this Development Code.

B.

Subdivisions. Any subdivision of land proposed within the County after the effective date of this Development Code shall be consistent with the minimum lot area and width requirements of Article 35.2 (Zones and Allowable Land Uses) unless a reduction is allowed in compliance with Section 35.82.200 (Variances), the County's subdivision regulations (County Code, Chapter 21) and all other applicable requirements of this Development Code.

C.

Continuation of an existing land use. An existing land use is lawful and not in violation of this Development Code only when operated and maintained in compliance with all applicable provisions of this Development Code, including Chapter 35.101 (Nonconforming Uses, Structures, and Lots). However, the requirements of this Development Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Development Code or any applicable Amendment, except as otherwise provided by Chapter 35.101 (Nonconforming Uses, Structures, and Lots).

D.

Effect of Development Code changes on projects in progress. A project that is under construction on the effective date of this Development Code or any Amendment, need not be changed to satisfy any new or different requirements of this Development Code, provided that the construction, i.e., the placing of construction materials in permanent position and fastened in a permanent manner, was lawfully begun prior to the effective date of this Development Code or any Amendment.

E.

Incorporation of existing ordinances and development plans. Previously adopted ordinances which added development and zone text provisions applicable to particular property in compliance with the following provisions of previously adopted zoning regulations are hereby incorporated by reference into this Section and shall have the same force and effect as if the provisions of those ordinances were specifically and fully set forth in this Section.

1.

Ordinances.

a.

Ordinance No. 453, Article 3.1.

b.

Ordinance No. 661, Article IV.

c.

Preliminary Development Plans incorporated into rezoning ordinances in compliance with Article III of Chapter 35 of the County Code.

2.

Development Plans.

a.

Development Plans and Precise Plans previously adopted in compliance with Ordinance No. 661.

b.

Development Plans previously adopted in compliance with Article III of Chapter 35 of the County Code.

F.

Conflicting requirements.

1.

Development Code and County Code provisions. If conflicts occur between requirements of this Development Code or between this Development Code and the Santa Barbara County Code, or other regulations of the County, the most restrictive shall control unless specifically indicated otherwise.

2.

Development Agreements or Specific Plans. If conflicts occur between the requirements of this Development Code and standards adopted as part of any Development Agreement or applicable Specific Plan, the requirements of the Development Agreement or Specific Plan shall apply.

3.

Private agreements. This Development Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs) without affecting the applicability of any agreement or restriction. The County shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement, or a portion thereof.

G.

State, County, Local Agency, and School District sites and facilities. Within the unincorporated Inland areas of the County, the provisions of this Development Code do not apply to the following governmental properties and activities.

1.

Development by the Federal Government on leased or Federally owned land.

2.

Development by the County or any district of which the Board is the governing body.

3.

Development within any state university or college.

4.

Development by the State or an agency of the State acting in its sovereign (governmental) capacity.

5.

Certain facilities of local agencies as defined in Government Code Section 53090 et seq.

H.

Other requirements may apply. Nothing in this Development Code eliminates the need for obtaining any other permits required by the County, or any permit, approval or entitlement required by any other applicable special district or agency and/or the regulations of any State, or Federal agency.

If any division, section, sentence, clause or phrase of this Development Code is for any reason held to be unconstitutional or invalid such decision shall not affect the validity of the remaining portions of this Development Code. The Board hereby declares that it would have passed this Development Code and each section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.

This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the requirements of this Development Code and the Comprehensive Plan.

The Director has the authority to interpret any provision of this Development Code. Whenever the Director determines that the meaning or applicability of any Development Code requirement is subject to interpretation, the Director may issue an official interpretation.

A.

Language. When used in this Development Code, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. 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. The words "includes" and "including" shall mean "including but not limited to."

B.

Time limits. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice provided in compliance with this Development Code, the number of days shall be construed as calendar days unless otherwise specifically stated.

C.

Zoning Map boundaries. See Section 35.14.020 (Zoning Map and Zones).

D.

Allowable uses of land. See Section 35.20.030 (Allowable Development and Planning Permit Requirements).

E.

State law requirements. Where this Development Code references applicable provisions of State law (e.g., the California Government Code, Subdivision Map Act, or Public Resources Code) the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

This Chapter establishes the zones applied to property within the County located outside of the Montecito Community Plan area and adopts the County's Zoning Map.

A.

Zones established. The Santa Barbara County shall be divided into zones that implement the Santa Barbara County Comprehensive Plan. The zones shown in Table 1-1 (Zones) below, are hereby established and shall be shown on the Zoning Map.

B.

Inclusion by reference. The existing zone boundaries have been previously adopted by the Board in compliance with Government Code Sections 65800 et seq., and are hereby incorporated into this Development Code by reference as though they were fully included herein.

C.

Zone boundaries. The boundaries of the zones established by Subsection B (Inclusion by reference) above, shall be shown upon the map or maps designated as the Santa Barbara County Zoning Map (hereafter referred to as the "Zoning Map") which are on file with the Department.

D.

Interpretation of zone boundaries. If there is uncertainty about the location of any zone boundary shown on the official Zoning Map, the location of the boundary shall be determined by the Director as follows.

1.

Where a zone boundary approximately follows a lot line, alley, or street line, the lot line, street or alley centerline shall be construed as the zone boundary, as applicable;

2.

If a zone boundary divides a lot, and the boundary line location is not otherwise designated, the location of the boundary will be determined by using the scale appearing on the Zoning Map; and

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 that applies to the adjoining property on either side of the vacated or abandoned street or alley, or property line resulting from the abandonment.

E.

Map Amendments. Amendments to the Zoning Map shall follow the process established in Chapter 35.104 (Amendments).

1.

The adoption of a Zoning Map Amendment shall be by ordinance.

2.

An exhibit shall be attached to said ordinance that shows in sufficient detail the area that is subject to the Zoning Map Amendment and the zone that the area will be zoned to as a result of the Zoning Map Amendment.

Table 1-1- Zones

Notes:

(1) Although the OT-R zone (Old Town-Residential) is included within the Special Purpose Zones table, it is still considered a residential zone as this term is applied within this Development Code

(Ord. No. 5192, § 1, 11-7-2023; Ord. No. 5226, § 1, 12-10-2024; Ord. No. 5263, § 1, 7-15-2025)