Building on your lot in Santa Barbara County

except that corner lots must meet the vision clearance requirements set forth in Section 35-124 (General Regulations - Vision Clearance).

Additionally, a fence on a corner lot shall also comply with the vision clearance requirements in Section 35.430.090 (Height Measurement, Exceptions and Limitations).

Additionally, a fence on a corner lot shall also comply with the vision clearance requirements in Section 35.430.090 (Height Measurement, Exceptions and Limitations).

(Amended by Ord. 4557, 12/07/2004) In all zone districts, a vision clearance area shall be provided on all corner lots. No structure, including but not limited to fences and gateways, or vegetation which obstructs the visibility of and from vehicles approaching the intersection of a state highway or public or private street with another state highway or public or private street, shall be constructed, grown, maintained or permitted higher than two and one-half feet above the curb grade, or three feet above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines that are 10 feet away from the point of their intersection. In the case of rounded corners, the vision clearance area shall be the triangular area between an extension of the right-of-way lines prior to the beginning of the tangent and a diagonal line joining points on right-of-way line or extension thereof that are 10 feet away from the point of intersection of the extensions of the right-of-way lines. The tangents referred to are those at the beginning and at the end of the curve of the right-of-way line at the corner.

A. Purpose. This Section describes the required methods for measuring the height of structures to determine compliance with the height limits established by this Development Code and provides exceptions to those height limits. B. Height limit of structures. The height of each structure shall not exceed the applicable height limit established for the applicable zone by Division 35.2 (Montecito Zones and Allowable Land Uses) and/or other requirements of this Development Code, except as otherwise provided by this Section and this Development Code. C. Height measurement. The following methodology shall be used to determine the height of a structure. Additionally, Subsection D through Subsection E below, provide or reference additional specific height measurement criteria and exemptions for specific types of development. 1. Height of structures. The height of a structure shall be the vertical distance between the existing grade and the uppermost point of the structure directly above that grade except as provided in Subsection C.1.a below. The height of any structure shall not exceed the applicable height limit except as provided in Subsection D through Subsection E, below, see Figure 3-2 (Height Limit). [Figure: Figure 3-2 - Height Limit] Figure 3-2 - Height Limit a. Measurement from finished grade. (1) Located on fill. For lots that are zoned R-1/E-1, R-2 or PRD, the height of a structure shall be the vertical distance between the finished grade and the uppermost point of the structure directly above that grade for those portions of the structure located above an area of the site where the finished grade is 10 feet or more above the existing grade. 2. Maximum height in ridgeline/hillside locations. In addition to the height limit applicable to a structure as described in Subsection C.1 (Height of structures) above, a structure subject to Chapter 35.452 (Montecito Ridgeline and Hillside Development) or Section 35.428.070 (Montecito Hillside Overlay Zone) shall not exceed a maximum height of 28 feet as measured from the highest part of the structure, excluding chimneys, vents and noncommercial antennas, to the lowest point of the structure where an exterior wall intersects the finished grade or the existing grade, whichever is lower. In the case where the lowest point of the structure is cantilevered over the ground surface, then the calculated maximum height shall include the vertical distance below the lowest point of the structure to the finished grade or the existing grade, whichever is lower, see Figure 3-3 (Maximum Height). [Figure: Figure 3-3 - Maximum Height] Figure 3-3 - Maximum Height D. General height limit exceptions. The height of a structure may exceed the applicable height limit in compliance with the following: 1. Chimneys, church spires, elevator, minor mechanical and stair housings, flag poles, towers, vents, and similar structures which are not used for human activity may be up to 50 feet in height in all zones. The use of towers or similar structures to provide higher ceiling heights for habitable space shall be deemed a use intended for human activity. No such structure shall be employed for any commercial or advertising use unless specifically allowed by the applicable zone, except that antennas and associated equipment may be located within such structures. 2. Portions of a structure may exceed the applicable height limit by no more than three feet where the roof exhibits a pitch of four in 12 (rise to run) or greater. 3. In order to provide for architectural character, architectural elements, whose aggregate area is less than or equal to 10 percent of the total roof area of the structure or 400 square feet, whichever is less, may exceed the height limit by no more than eight feet when approved by the Montecito Board of Architectural Review. 4. Allowances for exceeding the applicable height limit in compliance with Subsections D.2 and D.3 above are not cumulative. E. Vision clearance. Structures and landscaping on a corner lot shall not exceed the height limits provided by this Subsection within a required vision clearance area. 1. Measurement of vision clearance area. See Figure 3-4 (Vision Clearance Area). a. Straight corners. The boundaries of a vision clearance area are defined by drawing lines from the point of intersection of a lot's street property lines at the corner to a point a minimum of 10 feet from the corner along the two property lines, and then connecting the two points with a straight line forming the hypotenuse of the triangle. b. Rounded corners. In the case of rounded corners, the boundaries of a vision clearance area are defined by extending the street property lines from the tangents at the beginning and end of the curving corner to a point of intersection, then drawing lines from the point of intersection to a point a minimum of 10 feet from the point of intersection along the two property lines, and then connecting the two points with a straight line forming the hypotenuse of the triangle. 2. Height limits within vision clearance area. No planting, fence, wall, or other structure shall exceed a height of two and one-half feet above the adjacent curb grade, or three feet above the adjacent surface of pavement, whichever is less, within a vision clearance area. [Figure: Figure 3-4 - Vision Clearance Area] Figure 3-4 - Vision Clearance Area (Ord. No. 5277, §§ 19, 20, 1-27-2026)

Fence, gate, or wall 6 ft or less in height; gatepost 8 ft or less in height (2)

Fence 6 ft or less in height; gatepost 8 ft or less in height

Fences, walls and gates six feet or less in height; gateposts eight feet or less in height.*

Fences, walls and gates six feet or less in height; gateposts eight feet or less in height.*

Fence 8 ft or less in height; gatepost 10 ft or less in height

Fence 8 ft or less in height; gatepost 10 ft or less in height

Fences, walls and gates eight feet or less in height; gateposts 10 feet or less in height.*

Fences, walls and gates eight feet or less in height; gateposts 10 feet or less in height.*

Within required front setback | Fence, gate, or wall 6 ft or less in height; gatepost 8 ft or less in height (2) | Not Applicable (3) | Fence more than 6 ft high; gatepost more than 8 ft high

Within required front setback | Fence 6 ft or less in height; gatepost 8 ft or less in height | Fence more than 6 ft high; gatepost more than 8 ft high | Not Applicable

Fences, walls and gates six feet or less in height; gateposts eight feet or less in height.*

Fence more than 6 ft high; gatepost more than 8 ft high.

Within side and rear setbacks | Fence 8 ft or less in height; gatepost 10 ft or less in height | Not Applicable | Fence more than 8 ft high; gatepost more than 10 ft high

A retaining wall (retaining earth only) that is not over four feet in height measured from the bottom of a footing to the top of the wall, and does not require a Grading Permit in compliance with County Code Chapter 14 is exempt from Land Use Permit requirements.

Fences, walls and gates greater than six feet in height; gateposts greater than eight feet in height.

Fences, walls and gates greater than eight feet in height; gateposts greater than 10 feet in height.

May be required pursuant to Section 35-51B.B.1 or if fences, walls and gates are greater than six feet in height; gateposts greater than eight feet in height.

May be required pursuant to Section 35-51B.B.1 or if fences, walls and gates are greater than eight feet in height; gateposts greater than 10 feet in height.

* Fences, walls, gates and gateposts shall be exempt (pursuant to Section 35-51B.B.1) only if the development will: (1) not be located within or adjacent to a wetland, beach, environmentally sensitive habitat area, or on/within 50 feet of a coastal bluff; and (2) not result in any potential adverse effects to public access to the beach or public hiking and equestrian trails (including where there is substantial evidence of prescriptive rights); and (3) not result in significant adverse impacts to scenic views from beaches, parklands, public viewing areas, and public roadways.

A retaining wall (retaining earth only) that is not over four feet in height measured from the bottom of the footing to the top of the wall and does not require a Grading Permit in compliance with County Code Chapter 14 is exempt from Land Use Permit requirements except when located within an Environmentally Sensitive Habitat area.

Within front setback | Fence 6 ft or less in height; gatepost 8 ft or less in height.

Within side and rear setbacks | Fence 6 ft or less in height; gatepost 8 ft or less in height.

Within side and rear setbacks | Fence 6 ft or less in height; gatepost 8 ft or less in height. | Not applicable | Fence more than 6 ft high; gatepost more than 8 ft high.

It does not exceed a height of 12 feet.

It does not exceed a height of 8 feet.

Barns and stables shall comply with the height limit of the applicable zone unless located in the rear setback, in which case the height limit is 12 feet.

May be located above or below another accessory structure in areas where the H-MON overlay does not apply, provided the height of the combined accessory structure does not exceed 25 feet.

An accessory structure may be located in the required rear yard setback provided that it is located no closer than 10 feet to the principal structure and that it occupies no more than 40 percent of the required rear yard, and that it does not exceed a height of 12 feet.

Accessory structures, except barns and stables, shall not exceed 16 feet in height and shall conform to the front and side yard setback regulations of the district.

They do not exceed a height of 12 feet;

The cumulative footprint of all detached accessory structures, including accessory dwelling units, that encroach into the setback does not exceed 40 percent of the required rear setback.

Cumulatively the structures do not occupy an area greater than 10 percent of the side setback in which they are located, or 120 square feet, whichever is less.

Detached accessory structures, excluding barns, garages and stables, shall not exceed a gross floor area 800 square feet if located on a lot of one acre or less.

The cumulative footprint of all accessory structures, including accessory dwelling units, that encroach into the setback does not exceed 30 percent of the required rear setback.

Detached accessory structures, including accessory structures containing one or more accessory uses, shall not exceed a building footprint area of 800 square feet, as measured to the interior surface of exterior perimeter walls, posts, columns, or other supports.

An accessory structure may be located in the required rear yard setback provided that it is located no closer than 10 feet to the principal structure and that it occupies no more than 40 percent of the required rear yard, and that it does not exceed a height of 12 feet.

On lots of one acre or less, the gross floor area of an accessory structure shall not exceed 800 square feet, excluding garages, barns and stables.

The cumulative footprint of all accessory structures, including accessory dwelling units, occupies no more than 30 percent of the required rear yard.

Detached accessory structures, including accessory structures containing one or more accessory uses, shall not exceed a building footprint area of 800 square feet as measured to the interior surface of exterior perimeter walls, posts, columns, or other supports.

The total gross floor area of all approved and proposed buildings located on a lot shall not exceed 40 percent of the gross lot area of the lot on which the detached accessory building is proposed to be located.

It is located no closer than five feet to the principal structure.

It is not located closer than 10 feet to the principal structure.

An accessory structure may be located in the required rear yard setback provided that it is located no closer than 10 feet to the principal structure and that it occupies no more than 40 percent of the required rear yard, and that it does not exceed a height of 12 feet.

They are located no closer than 10 feet to the principal structure;

The home occupation shall be conducted either entirely within not more than one room of the dwelling not including garages or entirely within an artist studio.

There shall be no more than five customers, patients, clients, students, or other persons served by said home occupation upon the lot that contains the home occupation at any one time.

There shall be no more than five customers, patients, clients, students, or other persons served by the home occupation upon the lot that contains the home occupation at any one time except for in-home retail sales as allowed in compliance with Subsection E.1.a, below.

No employees other than the dwelling occupant(s) shall be permitted for business purposes on the lot that contains the home occupation.

Up to one full-time equivalent employee as defined by California Health and Safety Code Section 113758(b)(1) may participate in a cottage food operation in addition to those individuals residing within the dwelling as their primary residence.

Before the commencement of a home occupation within a dwelling or artist studio, a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) or, where the Coastal Commission approves the Coastal Development Permit, a Land Use Permit in compliance with Section 35-178 (Land Use Permits) shall be issued for the home occupation unless the occupation qualifies for an exemption as stated in Section 35-121.5 (Exceptions to Permit Requirements for Home Occupations) below.

Before the commencement of a home occupation, a Zoning Clearance in compliance with Section 35.472.190 (Zoning Clearances) shall be issued for the home occupation unless the occupation qualifies for an exemption as stated in Subsection E (Exceptions to permit requirements for home occupations) below.

Before the commencement of a home occupation, a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) shall be issued for the home occupation unless the occupation qualifies for an exemption as stated in Subsection E (Exceptions to permit requirements for home occupations) below.

No person shall park any trailer, fifth wheel or equipment that is transported by truck or trailer which has been detached from the tow vehicle upon any public street, highway or right-of-way within the county for a period of twenty-four or more consecutive hours.

Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirement of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations.

Upon confirmation that the application and supporting documents are complete, meet requirements of the checklist, and are consistent with this chapter, the building official shall approve the application and issue all required permits or authorizations.

Solar energy systems located on the roof of an existing structure and freestanding solar energy systems are exempt from design review and do not require planning permit approval; however, such systems do require the issuance of a Building Permit, Electrical Permit, Plumbing Permit and/or Solar Use Permit, as applicable, in compliance with Chapter 10 (Building Regulations) of the County Code.

Solar energy systems located on the roof of an existing structure and freestanding solar energy systems are exempt from design review and do not require planning permit approval, however such systems do require the issuance of a Building Permit, Electrical Permit, Plumbing Permit and/or Solar Use Permit, as applicable, in compliance with Chapter 10 (Building Regulations) of the County Code.

Lots other than interior lots. In the required front or side setback areas and, if located within the rear setback, shall not be located closer than five feet to any property line.

Interior lots. Closer than 10 feet to any property line.

No person shall place or keep an apiary, or cause or allow an apiary, to remain closer than six hundred feet to any building used as a dwelling other than buildings owned by such person, without the permission of the occupant of such building.

Maintain around and adjacent to such apiary an effective firebreak made by removing and clearing away, for a distance therefrom of not less than thirty feet on each side thereof, all flammable vegetation or other combustible growth.

Except when pollinating crops, no apiary shall be located within three hundred feet of a property line or road.

No person shall use any lighted or smoldering material in connection with smoking bees except by the authority of a written permit from the fire chief.