This article describes the City's requirements for the approval
of proposed development and new land uses. The permit requirements
established by these Zoning Regulations for specific land uses are
in Articles 4 through 7, and in Articles 8 through 17.
(§ 3, Ord. 771, eff. February 13, 2004)
All uses of land and/or structures shall be established, constructed,
maintained, reconstructed, altered, or replaced in compliance with
the following requirements.
(a)
Allowable use. The use of land shall be identified by Title 10, Chapter 2, Articles 4 (Residential Zoning Districts), 5 (Commercial and Manufacturing Districts), 6 (Special Purpose Zoning Districts), and 7 (Overlay Zoning Districts) as being allowable in the zoning district applied to the site. The Director may determine whether a particular land use is allowable.
(b)
Permit/approval requirements. Any land use permit or other approval required by Section 10-2.303 (Allowable land uses and permit requirements) shall be obtained before a proposed use and/or structure is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 10-2.304 (Exemptions from land use permit requirements).
(c)
Development standards. The use of land and/or structure shall comply with all applicable requirements of these Zoning Regulations, including the zoning district standards of this article, and the provisions of Title 10, Chapter 2, Articles 8 (Property Development Standards), 9 (Affordable Housing Requirements and Incentives), 10 (Creekside Development Standards), 11 (Hillside Development Standards), 12 (Landscaping Standards), 13 (Nonconforming Uses, Structures, and Parcels), 14 (Parking and Loading Standards), 15 (Recycling Facilities), 16 (Sign Standards), 16.5 (Exterior Lighting Standards), and 17 (Standards for Specific Land Uses).
(d)
Conditions of approval. The use of land and/or structures
shall comply with any applicable conditions of approval imposed by
any previously granted land use or other approval.
(§ 3, Ord. 771, eff. February 13, 2004 , as amended by § 6, Ord. 941, eff. November 10, 2023)
The uses of land allowed by these Zoning Regulations in each
zoning district are identified in Articles 4 through 7, together with
the type of land use permit required for each use.
(a)
Allowable land uses by conditional use permit. If a proposed land use is not specifically listed in Tables 2-2, 2-4, 2-6, and 2-8 (see Articles 4 through 7), the use shall only be allowed if the Commission can first find the use not more objectionable or detrimental to the general welfare or, in a specific case, not more objectionable or detrimental to a particular area of the zoning district than the uses enumerated in the tables, through the granting of a conditional use permit, in compliance with Article 24, or as provided in subsections (b) and (c) below.
(b)
Similar uses allowed—Director determination.
(1)
When a proposed land use is not specifically listed in Tables 2-2,
2-4, 2-6, and 2-8 (see Articles 4 through 7), it shall be understood
that the use is not allowed unless it is first determined by the Director
to be similar to other uses listed, or is approved in compliance with
subsections (a) above or (c) below.
(2)
It is further recognized that every conceivable use cannot be identified
in these Zoning Regulations, and anticipating that new uses will evolve
over time, this subsection establishes the Director's authority to
compare a proposed use and measure it against those listed in these
Zoning Regulations.
(3)
In determining "similarity," the Director shall first make all of
the following findings:
(A)
The proposed use shall meet the intent of and be consistent with
the goals, objectives, and policies of the General Plan;
(B)
The proposed use shall meet the stated purpose and intent of the
zoning district in which the use is proposed;
(C)
The proposed use shall not adversely affect the public health, safety,
and general welfare of the City's residents; and
(D)
The proposed use shall share characteristics common with, and not
be of greater density/intensity, or generate more adverse environmental
effects than those uses listed in the zoning district in which the
use is proposed.
(4)
The proposed use shall be processed under the same entitlement (e.g.,
design review permit or conditional use permit) as the similar use(s)
listed in the zoning district.
(c)
Similar uses allowed—Commission determination. Where clarification is required or special conditions exist, a desired use may be submitted for Commission determination (Article 33).
(d)
Permit requirements. Tables 2-2, 2-4, 2-6 and 2-8 provide
for land uses that are:
(1)
Permitted subject to compliance with all applicable provisions of these Zoning Regulations, subject to first obtaining a zoning clearance (Article 19) and any building permit or other permit required by the Municipal Code. Any permitted use in a commercial zone and any two-story structure in any zone require design review (Article 20). These are shown as "P" uses in the tables;
(§ 3, Ord. 771, eff. February 13, 2004)
The land use permit requirements of these Zoning Regulations
do not apply to the activities, uses of land and/or structures identified
by this section. However, nothing in this section shall eliminate
the requirements of the Municipal Code for obtaining grading, building,
and/or other construction permits prior to starting any work.
(a)
Governmental facilities. Facilities of the City and facilities
of the State or Federal Government on land owned or leased by a governmental
agency, for governmental operations, to the extent that exemption
is required by State or Federal law and facilities of the Ojai Unified
School District to the extent such facilities are directly related
to educational purposes.
(b)
Interior remodeling. Interior alterations that do not increase
the gross floor area within the structure, or change the approved
use of the structure or parking requirements.
(c)
Reconstruction of destroyed uses and structures. A use of
land and/or structure destroyed by fire or natural disaster may be
re-established as it existed, provided that it:
(1)
Was legally established and in compliance with these Zoning Regulations
before destruction;
(2)
Reconstruction occurs in compliance with all applicable building,
electrical, mechanical, and plumbing code requirements;
(3)
The use is compatible with other uses allowed in the zoning district
and/or neighborhood; and
(d)
Repairs and maintenance. Ordinary repairs and maintenance,
if:
(1)
The work does not result in any change in the approved land use of
the site or structure, addition to, or enlargement/expansion of the
land use and/or structure; and
(2)
The exterior repairs employ use of the same materials and design
as the original construction and are approved by the Director.
(§ 3, Ord. 771, eff. February 13, 2004 , as amended by § 7, Ord. 941, eff. November 10, 2023)
Where a site is divided by one or more zoning district boundaries,
the site shall be developed in compliance with the requirements of
each district, as applicable. For example, if a site is zoned both
commercial and residential, the portion of the site zoned commercial
shall be developed in compliance with the commercial zoning regulations,
and the portion zoned residential shall be developed in compliance
with the requirements of the applicable residential district.
(§ 3, Ord. 771, eff. February 13, 2004)
Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Title 10, Chapter 2, Article 22 (Temporary Use Permits).
(§ 3, Ord. 771, eff. February 13, 2004 , as amended by § 8, Ord. 941, eff. November 10, 2023)
An allowed land use that has been granted a land use permit,
or is exempt from land use permit requirements, may still be required
to obtain other City permits or approvals before construction is commenced,
and/or the land use is otherwise established and put into operation.
Nothing in this article shall eliminate the need to obtain any permits
or approvals required by:
(a)
Other
Municipal Code provisions, including Building and Grading, or other
construction permits if they are required by Title 9 or a business
license if required by Title 6; or
(b)
Any
applicable County, or any regional, State or Federal agency regulations.
(§ 3, Ord. 771, eff. February 13, 2004)
