Section 35-183. - Re-applications.

No application shall be accepted nor acted upon if within the past one year, application has been made and denied by the Planning Commission, Zoning Administrator or the Board of Supervisors, which covers substantially the same real property, and which requests approval of substantially the same project unless either the Planning Commission, Zoning Administrator, or the Board of Supervisors permits such reapplication because of an express finding that one or more of the following applies:

1.

That new evidence or material to a revised decision will be presented which was unavailable or unknown to the applicant at the previous hearings and which could not have been discovered in the exercise of

reasonable diligence by the applicant.

2.

That there has been a substantial and permanent change of circumstances since the previous hearings, which materially affects the applicant's real property.

3.

That a mistake was made at the previous hearings which was a material factor in the denial or denials of the previous application.

Section 35-184. - Board of Architectural Review.

(Amended by Ord. 4585, 11/22/2005)

Section 35-184.1 Purpose and Intent.

The purpose and intent of the Board of Architectural Review is to encourage developments which exemplify the best professional design practices so as to enhance visual quality of the environment, benefit surrounding property values, and prevent poor quality of design.

Section 35-184.2 Applicability.

1.

Reference to the Board of Architectural Review or County Board of Architectural Review in this Article shall mean the Central County Board of Architectural Review, the North County Board of Architectural Review, the South County Board of Architectural Review, or the Montecito Board of Architectural Review whichever has jurisdiction, depending on the location of the project site. The geographic boundaries of said boards are depicted in the original map which is located in files of the Clerk of the Board and illustratively shown as Figure 1 appended to Section 35-184.

2.

Review and approval by the Board of Architectural Review shall be required for:

a.

Any structure or sign requiring design review in compliance with DIVISION 4, ZONING DISTRICTS, of this Article.

b.

Any structure or sign requiring design review in compliance with DIVISION 5, OVERLAY DISTRICTS, of this Article.

c.

Any structure requiring design review in compliance with DIVISION 7, GENERAL REGULATIONS, of this Article.

d.

Any structure requiring design review in compliance with DIVISION 10, PERMIT PROCEDURES, of this Article.

e.

Any structure requiring design review as required by the Planning Commission or the Board of Supervisors.

f.

Any structure or sign to be erected located in the Montecito Planning Area as shown on the Coastal Land Use Plan Maps.

g.

Any residential structure on a lot adjacent to the sea.

3.

Gaviota Coast, Summerland and Toro Canyon. In addition to the items identified in Section 35-184.2.2, for sites located within the Gaviota Coast Plan, Summerland Community Plan or the Toro Canyon Area Plan areas, the provisions of this Section shall also apply to any structure, additions to a structure, or sign, except as provided below.

a.

The structure, addition to a structure, or sign is exempt from Board of Architectural Review in compliance with Section 35-184.3 (Exceptions).

b.

Single agricultural structures located within the Gaviota Coast Plan area that have an individual gross floor area of less than 5,000 square feet are not subject to the requirements of this Subsection 3 (Gaviota Coast, Summerland and Toro Canyon) provided:

1)

The existing cumulative structural development located on the lot that the structure is proposed to be located on does not exceed 10,000 square feet per lot.

2)

The structure(s) complies with the following standards:

a)

All exterior lighting is in compliance with the following:

i)

The lighting is required for safety purposes only.

ii)

Light fixtures are fully shielded (full cutoff and are directed downward to minimize impacts to the rural nighttime character.

iii)

Lighting is directed away from habitat areas and, to the extent feasible, nearby residences, public roads and other areas of public use.

b)

The structure uses building materials, earth tone colors, and non-reflective paints that are compatible with the surrounding natural environment to maximize the visual compatibility of the development with surrounding areas.

Section 35-184.3 Exceptions. (Amended by Ord. 3853, 03/20/1990; Ord. 3978, 02/21/1992)

1.

Exceptions to Design Review Requirements. Board of Architectural Review approval is not required for the following:

a.

Accessory dwelling units and junior accessory dwelling units approved in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

b.

Interior alterations.

c.

Decks.

d.

Swimming pools, hot tubs, and spas.

e.

Fences, gates, gateposts and walls as follows; however, fences, gates, gateposts and walls that are integral to the structure (e.g., are connected to the structure or form a courtyard adjacent to the structure) shall be included as part of the architectural review of a new residence, a remodeling, or an addition to a structure requiring architectural review:

Fences, gates, and walls six feet or less in height and gateposts of eight feet or less in height, when located in the front setback area.

2)

Fences, gates, and walls of eight feet or less in height and gateposts of 10 feet or less in height when located outside of front setback areas and not closer than 20 feet from the right-of-way line of any street.

f.

Solar panels.

g.

Any other exterior alteration determined to be minor by the Director.

h.

The replacement or restoration of structures that were damaged or destroyed as a result of a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features (e.g., creeks, streams, waterways, etc.) located on or affecting the same lot on which the damaged or destroyed structures were located; unless the exterior design or specifications of the replaced or restored structure are substantially different from the prior structure(s), as determined by the Director.

2.

Special provisions for projects within the jurisdictional area of the North County Board of Architectural Review. The following are special provisions that apply to projects that are within the jurisdictional area of the North County Board of Architectural Review:

a.

Exemptions. The following projects shall be exempt from Board of Architectural Review design review if they cannot be viewed from public roadways or other areas of public use. Landscape screening shall not be taken into consideration when determining whether the project is visible from public roadways or other areas of public use. This exemption is only applicable to Board of Architectural Review review, and does not eliminate the project from any other applicable discretionary review, including Coastal Development Permits.

1)

Single family dwellings.

2)

Commercial and industrial projects that are not open to the public.

b.

Advisory actions. Review by the North County Board of Architectural Review of single-family dwellings is advisory and does not require either preliminary or final approval.

c.

Time limits. The North County Board of Architectural Review shall seek to complete its review of all projects within its purview as expeditiously as possible. Therefore, single-family dwellings shall be reviewed by the North County Board of Architectural Review at no more than three separate hearings on three separate dates or for no longer than three months from the date of filing an application, whichever occurs first, unless the project changes or requests for a continuance initiated by the applicant require further review. If the North County Board of Architectural Review fails to render its advice within this limitation, then the project shall proceed to the decision-maker of the discretionary permit without a recommendation by the North County Board of Architectural Review.

d.

Structures subject to Section 35-144 (Ridgeline and Hillside Development Guidelines). The following applies to structures that would normally be subject to design review due to their location in an area subject to the requirements of Section 35-144 (Ridgeline and Hillside Development Guidelines).

1)

Exempt structures. Structures that are exempt from design review in compliance with Section 35-184.3.2.a shall be reviewed as follows:

a)

Structures shall be reviewed by the Director of Planning and Development for compliance with the development guidelines contained in Section 35-144.3.

b)

The Director of Planning and Development may exempt a structure from compliance with the development guidelines in compliance with Section 35-144.4.1 in addition to Section 35-144.4.2.

e.

Special provision not applicable. The special provisions described in subsection a., b., and c. above shall not apply to the following:

1)

Development Plans within the jurisdiction of the Planning Commission.

2)

Structures subject to approved ministerial and discretionary permits, including subdivision maps, that are conditioned to require review and approval by the Board of Architectural Review in order to mitigate visual impacts or provide for consistency with the Comprehensive Plan, including adopted Community Plans.

(Ord. No. 5194, § 37, 11-7-2023)