Chapter 19.02 — ZONING DISTRICTS AND ALLOWABLE LAND USES

In order to classify and regulate the use of land, buildings and structures, and to establish appropriate minimum regulations and standards for the development of land within the city that will consistently implement the general plan, the city shall be divided into the following zoning districts, as shown on the official zoning map (Section 19.02.020 ).

(Prior code § 19.02.010; Ord. 94-13, 1994; Ord. 96-02 § 2, 1996)

The boundaries of the zoning and combining districts established by Section 19.02.010 shall be shown upon the map designated as the city zoning map, on file in the city planning department. The city zoning map, together with all legends, symbols, notations, references, district boundaries, district map codes, and other information thereon shall be adopted by the city council pursuant to Government Code Sections 65800 et seq., and are hereby incorporated into this title by reference as though they were fully set forth here. Any changes to the city zoning map after its adoption shall occur as set forth in Section 19.10.110 of this title. (Prior code § 19.02.020; Ord. 94-13, 1994)

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

  1. The land use is listed in Sections 19.02.110 , 19.02.210 , or 19.02.310 of this chapter as being allowable in the zoning district applicable to the site; and

  2. Any land use permit required by this title is obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is identified by subsection B of this section as not needing a land use permit. (The land use permit requirements of this title are established by Sections 19.02.110 , 19.02.210 , or 19.02.310 of this chapter); and

  3. The use satisfies all other applicable requirements of this title, including, but not limited to, the provisions of Chapter 19.04 and 19.06 of this title.

• B. 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.

1. Decks, Walks and Driveways. Decks, platforms, walks, and driveways which do not require a grading permit pursuant to the Uniform Building Code and are not over 30 inches above finish grade and not over any basement or story below.

2. Fences. Fences and walls of six feet or less and gateposts of eight feet or less in height located within front yard setback areas. Fences and walls of eight feet or less in height and gateposts of ten feet or less in height located outside of front yard setback areas and not closer than 20 feet from the right-of-way line of any street. (Section 19.04.100 contains land use permit requirements for fences and walls that are not exempted from a permit by this section.)

3. Film and Theater Productions. Structures and related development required for temporary motion picture, television and theater stage sets and scenery, and still photographic sessions, provided that such development does not require alterations of the natural environment such as removal of vegetation, grading or earthwork. The director may require the payment of a performance security (bond or other instrument) to insure the removal of such structures and related development and the restoration of a site used for film or theater production.

4. Governmental Activities. Activities of the federal government on leased or federally owned land; activities of the state of California or an agency of the state acting in its sovereign (governmental) capacity; and activities of the city.

5. Irrigation. The installation of irrigation lines.

6. Remodelling.

   • a. Interior Changes. Interior alternations that do not result in an increase in the number of rooms or the gross floor area within the structure, or a change in the permitted use of the structure.

• b. Minor Exterior Changes. The installation of skylights, windows, and doors; and window awnings that are supported by an exterior wall and project no more than 54 inches from such exterior wall.

7. Repairs and Maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or building, or the addition to, enlargement or expansion of the building.

8. Retaining Walls. Retaining walls (retaining earth only) which are not over four feet in height measured from the bottom of the footing to the top of the wall and do not require a grading permit pursuant to the Uniform Building Code.

9. School Facilities. Certain school facilities as provided by Government Code Sections 53091 et seq.

10. Small Accessory Buildings. One-story detached accessory buildings used as tool and storage sheds, playhouses, gazebos, pergolas and similar uses, provided such buildings do not exceed 12 feet in height, the roof area does not exceed 120 square feet, and no plumbing or electrical work is required.

11. Solar Collectors. The addition of solar collection systems to the roofs of existing buildings or structures.

12. Spas, hot tubs, and fish ponds that do not exceed 120 square feet in total development, including related equipment, or contain more than 2,000 gallons of water, or exceed 36 inches in depth.

13. Utilities. Poles, wires, and underground gas pipelines less than 12 inches in diameter (see Section 19.06.120 ), and similar installations erected, installed, or maintained by public

agencies.

14. Electric Vehicle Charging Stations. As specified in Section 19.06.280 . Includes readiness measures taken for the future installation of charging stations such as the installation of a raceway and panel capacity. Regulations applied shall be limited to health and safety standards.

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

• D. 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.

(Prior code § 19.02.030; Ord. 94-13, 1994; Ord. 20-05 § 2, 2020)

• A. 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.

• B. 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.

• C. 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.

• D. 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.

(Prior code § 19.02.040; Ord. 94-13, 1994)

Sections 19.02.110 through 19.02.160 of this chapter provide regulations applicable to development and new land uses in the residential zones established by Section 19.02.010 of this chapter. The purposes of the individual residential zoning districts are as follows:

• A. 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.

• B. RM (Multifamily Residential). The RM zoning district provides areas for duplexes, triplexes, fourplexes, apartments, condominiums, other multiple-family dwellings, and detached singlefamily 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.

• C. 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.

• D. 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.

(Prior code § 19.02.100; Ord. 94-13, 1994; Ord. 08-07 § 3, 2008)

The uses of land allowed by this title in each residential zone are identified in the following tables as being:

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

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

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

• D. 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 19.02.030(B) of this chapter.

RESIDENTIAL ZONES AND PERMIT REQUIREMENTS PERMIT REQUIREMENT BY ZONE

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

(Prior code § 19.02.110; Ord. 94-13, 1994; Ord. 06-10 § 2(E)(1), 2006; Ord. 08-07 § 3, 2008; Ord. 10-04 § 4, 2010; Ord. 15-03 § 3, 2015; Ord. 19-03 § 2, 2019; Ord. 25-02, 5/8/2025)

• A. 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.

• B. 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:

• C. 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:

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

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

  1. Zoning Clearance. Residential projects as defined in Section 19.12.020 and conforming to the following criteria shall be allowed by zoning clearance under the jurisdiction of the planning director as provided in Sections 19.02.110 and 19.08.100 of this code: (a) the residential project qualifies for a categorical exemption under the California Environmental Quality Act as defined in Title 14 . Chapter 3. Section 15332 of the California Code of Regulations : and (b) the physical attributes of design conform to the development standards of the underlying RM zone district (i.e., building height, lot coverage, setbacks, etc.) and adopted community design guidelines of the city.

  2. Development Plan Approval. Residential projects which do not otherwise qualify for a zoning clearance may be allowed by development plan approval under the jurisdiction of the planning commission as provided in Sections 19.02.110 and 19.08.120 of the Buellton

Municipal Code. The physical attributes of design shall conform to the development standards of the underlying zone district (i.e., building height, lot coverage, setbacks, etc.) and adopted community design guidelines of the city except or unless a modification is granted under the provisions of Section 19.08.120G.1 of this code.

(Prior code § 19.02.120; Ord. 94-13, 1994; Ord. 06-02 § 3, 2006; Ord. 06-10 §§ 2(B)(3) and (E)(2), 2006; Ord. 08-07 § 3, 2008; Ord. 25-02, 5/8/2025)

The requirements of this section apply to development within the PRD zoning district in addition to the general development standards in Section 19.02.120(A) of this chapter.

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

  1. The site is of the type and character that is appropriate for a planned residential development in accordance with the purpose of the PRD zoning district described in Section 19.02.100(C) of this chapter;

  2. The overall estimated population density which will result upon full development of the property under the planned residential development district in accordance with the development plan is appropriate for the site and will not have a detrimental effect upon surrounding areas nor exceed the capacity of city service and utility facilities;

  3. The proposed development as shown on the development plan is in conformance with all applicable policies of the general plan, and the requirements of this title.

• B. 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.

• C. 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:

  1. That the density and type of the proposed development is in conformance with the PRD district and applicable general plan policies.

  2. That adequate provisions have been made within the proposed covenants, conditions, and restrictions to establish permanent care and maintenance of public and common open spaces and recreational areas and facilities.

  3. That the buildings and structures are clustered to the maximum extent feasible to provide the maximum amount of contiguous open space.

  4. That the proposed development is in conformance with the community design guidelines.

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

• E. 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.

• F. 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.

1. Setbacks. There are no standard setback requirements for this district. Setbacks shall be proposed on the development plan and approved by the commission to protect and preserve sensitive site characteristics, and ensure compatibility between different uses. The siting of structures shall also be based on privacy, access to light and air, solar exposure, building configuration, and aesthetics.

2. Parking. Parking shall be provided in compliance with Section 19.04.140 of this title and the following requirements:

   • a. Parking areas shall be arranged to prevent through traffic to other parking areas.

   • b. Uncovered parking areas shall be screened from the street and adjacent residences to a height of at least four feet with hedges, dense plantings, or walls.

3. Streets. Streets may be public or private; however, all private streets shall be constructed to city standards and adequate provisions shall be made in the CC&Rs to ensure their maintenance. The standards for any on-site improvements (streets, walks, drainage, and utilities) may be modified for a PRD by the city upon recommendation from the engineering or planning departments. Street design shall relate to the function of the street and, particularly in hillside areas, where no on-street parking is necessary or permitted, street widths may be reduced. Innovation in street and walkway design, use of cul-de-sacs and loop streets, and reduction of grading for streets is encouraged. Vehicular access to individual lots or units shall generally be only from project streets.

4. Open Space. Proposed development projects in the PRD zone shall be designed to provide permanent open space areas as follows:

   • a. Amount. The city shall specify the required amount of public and/or common open space in a planned residential development at the time of approval of the development plan but in no case shall the total amount of public and/or common open space be less than 40% of the gross acreage. Determination of the appropriate amount of public and/or common open space shall be based on consideration of the following factors:

     • i. The need to protect for public use areas historically used by the public such as trails;

     • ii. The avoidance of siting of structures in hazardous areas or on steep slopes;

     • iii. The protection of sensitive habitats and archaeological sites; and

     • iv. Protection of scenic areas of the site.

Lands to be preserved as open space may be dedicated in fee to the city or other public agency or may remain in private ownership with dedication of only appropriate scenic and/or open space easements. For lands counted as public open space that remain in private ownership, the city shall require granting of an easement guaranteeing the public's right of access and use of such open space.

• b. Maintenance of Public Open Space. The city may require the applicant to maintain all public open spaces and related facilities for a period specified by land use permit condition of approval after occupancy of the PRD (and may require that bonding or other security in a form approved by the city attorney be posted with the city to guarantee maintenance), or may require payment of an in-lieu fee if the city maintains the public open space and related facilities. If the applicant is to maintain public open spaces, prior to the issuance of any permits for construction, a bond or other approved security shall be posted guaranteeing such maintenance.

  - c. Maintenance of Common Open Space. The common open space shall be deeded to the Homeowners' Association and held in undivided ownership by the owners of the PRD. Preservation and maintenance of all common open space and communal recreational facilities shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvements and running with the land as described in the approved development plan. 
  

  5. Landscaping. Landscaping shall be installed and maintained in accordance with the approved development plan. Along each side or rear yard of the PRD district abutting property zoned other than PRD an adequate buffer consisting of fencing, walls, plant materials, or any combination thereof shall be installed and maintained to protect adjacent properties from impacts of noise or lighting and to provide separation between different uses. The buffer shall be shown on the development plan.

• G. 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:

  1. The Homeowners' Association shall be established before the homes are sold.

  2. Membership shall be mandatory for each home buyer and any successive buyer.

  3. The association shall be responsible for liability insurance, property taxes, and maintenance of common open space and recreational and other common facilities.

  4. Homeowners shall pay their pro rata share of all costs of the association and the assessment levied by the association can become a lien on the property.

5. The association shall be able to adjust the assessment to meet changed needs.

(Prior code § 19.02.130; Ord. 94-13, 1994; Ord. 06-02 § 4, 2006)

• A. Shared Living Arrangements. Shared living arrangements, including supported living (e.g., inhome 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).

• B. 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) .

• C. 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).

• (Ord. 06-10 § 2(E)(3), 2006; Ord. 25-02, 5/8/2025)

• A. 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.

• B. Definitions.

"Lodging unit" means any structure, building, or dwelling or portion of any structure, building, or dwelling that is rented, leased, or subleased for occupancy, dwelling, lodging or sleeping purposes or overnight stays.

"Short-term" means occupancy of a lodging unit for a period of 30 consecutive days or less.

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

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

• (Ord. 15-03 § 3, 2015)

Sections 19.02.210 through 19.02.260 of this chapter provide regulations applicable to development and new land uses in the commercial and industrial zones established by Section 19.02.010 of this chapter. The purposes of the commercial and industrial zoning districts are as follows:

• A. 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.

• B. 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.

• C. 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.

s, 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.

• D. 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.

(Prior code § 19.02.200; Ord. 94-13, 1994; Ord. 08-07 § 3, 2008)

The uses of land allowed by this title in the commercial and industrial/manufacturing zoning districts are identified in the following tables as being:

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

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

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

• D. 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.

COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS PERMIT REQUIREMENT BY ZONE

COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS PERMIT REQUIREMENT BY ZONE

COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS PERMIT REQUIREMENT BY ZONE

COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS PERMIT REQUIREMENT BY ZONE

COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS PERMIT REQUIREMENT BY ZONE

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

(Prior code § 19.02.210; Ord. 94-13, 1994; Ord. 97-02 § II(2), 1997; Ord. 06-10 § 2(E)(4), 2006; Ord. 06-12 § 3, 2006; Ord. 08-07 § 3, 2008; Ord. 10-04 § 4, 2010; Ord. 11-06 § 4, 2011; Ord. 11-07 § 3, 2011; Ord. 19-02 § 3, 2019; Ord. 25-02, 5/8/2025)

• A. 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 mixeduse projects.

• B. 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.

• C. 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.

• D. 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:

  1. General Requirement. All activities shall be conducted in such a manner so as not to be injurious to the health, safety, or welfare of persons residing or working in the neighborhood by reason of danger to life or property.

  2. Gases, Odors. No offensive odors or fumes, noxious gases, or liquids, heat, glare, or radiation generated by or resulting from any use, other than motor vehicles or lighting fixtures, operated on any lot shall be detectable at any point along the boundary of or outside of the lot upon which such use is located.

  3. Noise. Noise standards are contained in Section 8.04.030G of the municipal code.

4. Smoke, Dust. Except for the heating of buildings, there shall be no smoke or dust generated by or resulting from any use, other than motor vehicles, located upon the lot.

   5. Vibration. Any ground vibration inherently and recurrently generated by or resulting from any use, other than motor vehicles, operated on any lot shall not be perceptible without instruments at any point along the boundary of or outside of the lot upon which such use is located.

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

• F. 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.

(Prior code § 19.02.220; Ord. 94-13, 1994; Ord. 06-02 § 5, 2006; Ord. 06-10 § 2(A), 2006; Ord. 0807 § 3, 2008; Ord. 11-07 § 3, 2011; Ord. 12-03 § 3, 2012; Ord. 25-02, 5/8/2025)

Sections 19.02.310 through 19.02.330 provide regulations applicable to development and new land uses in the various special purpose zones established by Section 19.02.010 of this chapter. The purposes of the special purpose zoning districts are as follows:

• A. 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.

• B. 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.

• C. 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.

• (Prior code § 19.02.300; Ord. 94-13, 1994)

The uses of land allowed by this title in the special purpose zones are identified in the following tables as being:

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

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

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

• D. 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.

KEY TO PERMIT REQUIREMENTS

Allowed use, zoning clearance required

A

19.08.100

Minor use permit required MUP 19.08.110 Conditional use permit required CUP 19.08.110 Development plan required DP 19.08.120 Use not allowed

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

(Prior code § 19.02.310; Ord. 94-13, 1994; Ord. 97-02 § II(3), 1997; Ord. 10-04 § 4, 2010; Ord. 2502, 5/8/2025)

• A. 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.

• B. 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:

  1. The level of facility development is in conformance with the environmental carrying capacity of the area to be rezoned, i.e., the proposed recreational activities are of the kind, intensity, and location to ensure protection of environmentally sensitive habitat resources.

  2. The proposal conforms with all applicable policies of the general plan.

  3. The proposed recreational activities are compatible with land uses on adjacent parcels.

• C. 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:

  1. The project will not require extensive alteration of the topography.

  2. The project will not cause erosion, sedimentation, runoff, siltation, or an identified significant adverse impact to downstream watercourses or water bodies.

  3. The project will not cause any significant adverse effect on environmentally sensitive habitat areas, plant species, or biological resources.

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

(Prior code § 19.02.330; Ord. 94-13, 1994; Ord. 06-02 § 6, 2006)

• A. 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.

• B. 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".)

• (Ord. 96-02 § 3, 1996)