This article expands upon the requirements of Title 10, Chapter 2, Articles 2 (Zoning Map and Zoning Districts), 3 (Development and Land Use Approval Requirements), 4 (Residential Zoning Districts), 5 (Commercial and Manufacturing Zoning Districts), 6 (Special Purpose Zoning Districts), and 7 (Overlay Zoning Districts) by addressing additional details of site planning, project design, and operation to ensure that all development:
(a)
Produces
an environmentally desirable character;
(b)
Is
compatible with existing and future development; and
(c)
Protects
the use and enjoyment of neighboring properties, consistent with the
General Plan, and any applicable specific plan.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 21, Ord. 941, eff. November 10, 2023)
(a)
These
requirements apply to all proposed development and new land uses,
and shall be considered in combination with the standards for each
zoning district in Article 2 of this chapter. If there is a conflict,
the standards specific to the zoning district shall override these
general standards.
(b)
All
new or modified structures and uses (including changes in use) shall
conform with all of the following standards before construction, change
in use, or during normal operations, unless specifically exempted.
All existing uses shall comply with the operational standards (e.g.,
dust and dirt, fumes, glare) as determined applicable by the Director.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
This
section describes the required methods for measuring the height of
structures in compliance with the height limits established by these
Zoning Regulations and exceptions to the height limits.
(b)
The
height of structures shall not exceed the standard for the applicable
zoning district, except as otherwise provided by this article.
(c)
The
maximum allowable height shall be measured as the vertical distance
from the existing grade of the site to the allowed number of feet
above grade. See Figure 3-1.
 Figure 3-1
HEIGHT MEASUREMENT
|
(d)
The
review authority may approve exceptions to the height limits of these
Zoning Regulations as follows:
(1)
Architectural features, including antenna supports (not over three
inches in diameter), chimneys, clock towers, cupolas, masts, poles,
steeples, and similar structures, but not including freestanding lights,
poles, masts, or antennas, may exceed the height limit by up to 10
feet.
(2)
These features shall not exceed a width of 25 feet or 1/3 of the
length of the structure's façade, whichever is less. Signs
shall not be included within the additional height allowed. Height
exceptions may not be granted for structural features designed or
intended to provide floor space.
(e)
Development
proposed adjacent to any public or private street or alley intersection
shall be designed to provide a corner visibility area for pedestrian
and traffic safety. See Figure 3-2.
(f)
A
corner cutoff-intersection visibility area is a triangle measured
as follows, and may include private property and/or public right-of-way:
(1)
At corner parcels, the visibility area shall be defined by measuring
25 feet from the intersection of the extension of the front and street
side property lines and connecting the lines across the property.
(2)
At alleys, the visibility area shall be defined by measuring 10 feet
from the intersection of the extension of the front and side property
lines and connecting the lines across the property.
(g)
Structures, fences, walls, or screening shall not exceed 36 inches in height within the intersection visibility area, unless approved by the Community Development Director by a zoning clearance issued under Title 10, Chapter 2, Article 19 (Zoning Clearance). Hedges within the intersection visibility area must meet the standards set in Section 10-2.805(e) (Hedges).
 Figure 3-2
INTERSECTION VISIBILITY AREA
|
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 3, Ord. 855, eff. May 28, 2015, and § 2, Ord. 910, eff. December 10, 2020)
(a)
This
section provides standards for the size of setbacks. These standards
provide open areas around structures for: visibility and traffic safety;
access to and around structures; access to natural light, ventilation,
and direct sunlight; separation of incompatible land uses; and space
for privacy, landscaping, and recreation.
(b)
All
structures shall comply with the setback requirements of each zoning
district, and with any setbacks established for specific uses by this
article, except as otherwise provided by this section. Portions of
any structure, including eaves or roof overhangs, shall not extend
beyond a property line or into an access easement or street right-of-way,
without first securing an encroachment permit.
(1)
Where setbacks have been established for individual vacant parcels
by a Specific Plan, an approved subdivision map, or other entitlement,
those setbacks shall apply to continuing development within the approved
project instead of the setbacks required by these Zoning Regulations.
(2)
The Commission may authorize uniform setbacks for a specific project that are different from those required by Articles 2 (Zoning Map and Zoning Districts) ), 3 (Development and Land Use Approval Requirements), 4 (Residential Zoning Districts), 5 (Commercial and Manufacturing Zoning Districts), 6 (Special Purpose Zoning Districts), and 7 Overlay Zoning Districts), through the approval of a planned development permit Title 10, Chapter 2, Article 23 (Planned Development Permits).
(c)
Setbacks
shall be measured as follows:
(1)
The front setback shall be measured at right angles from the nearest
point on the front property line of the parcel (or edge of access
easement on a private street) to the nearest point of the wall of
the structure, except as follows:
(A)
For flag lots, with a fee ownership strip extending from a street
or right-of-way to the building area of the parcel, the area of the
required front setback shall be determined by the Director, but shall
not be less than the required side setback.
(B)
For corner parcels, the measurement shall be taken from the nearest
point of the structure to the nearest point of the property line adjoining
the street which provides the street address, or provides access to
the site, as determined by the Director.
(C)
The front setback for fences, walls, hedges, and screening shall
be measured at right angles from the nearest point on the front property
line of the parcel (or edge of access easement on a private street)
to the nearest point of the wall of the primary structure.
(2)
The side setback shall be measured at right angles from the nearest
point on the side property line of the parcel to the nearest line
of the structure, establishing a setback line parallel to the side
property line, which extends between the front and rear yards.
(3)
The side setback on the street side of a corner parcel shall be measured
from the nearest point of the side property line adjoining the street,
or the easement for a private road.
(4)
The rear setback shall be measured at right angles from the nearest
point on the rear property line to the nearest line of the structure,
establishing a setback line parallel to the rear property line. The
Director shall determine the location of the required rear setback
on a double-frontage parcel.
 Figure 3-3
LOCATION AND MEASUREMENT OF SETBACKS
|
(d)
The
minimum setback requirements of these Zoning Regulations apply to
all development and new land uses, except for the following:
(1)
Fences or walls six feet or less in height above the finish grade
of the site, when located outside of the front setback, or not more
than three feet in height within a front setback;
(2)
Decks, earthworks, free-standing solar devices, steps, terraces,
and other site design elements that are placed directly upon finish
grade and do not exceed a height of 18 inches above the surrounding
grade at any point; and
(3)
Retaining walls less than 36 inches in height above finish grade.
Embankments to be retained that are over 48 inches in height shall
be benched so that no individual retaining wall exceeds a height of
36 inches.
(e)
Limitations on uses of setbacks.
(2)
Front or street side setbacks, or any other portion of a parcel visible
from a public street, shall not be used for the storage of boats,
garbage, habitable trailers, junk, scrap, trash, utility trailers,
and similar equipment, items, or vehicles. This restriction includes
the storage of operable or inoperable vehicles in other than improved
parking areas.
(3)
Required residential parking spaces shall not be located within required setback areas. Temporary (overnight) parking is allowable within required setback areas only on paved driveways, in compliance with Section 10-2.1408 (Development standards).
(4)
Within a residential zoning district, pavement within a front yard
shall be limited to:
(f)
Attached
architectural features and certain detached structures may project
beyond the wall of the structure and into the front, side, and rear
setbacks, in compliance with the following requirements:
(1)
Architectural features attached to the main structure may extend
beyond the wall of the structure and into the front, side, and rear
setbacks, in compliance with Table 3-1.
(2)
Air conditioning, heating, and similar equipment may extend up to
30 inches into side and rear setbacks, but no closer than 36 inches
to any property line. (Swimming pool, hot tub, and spa equipment are
subject to the requirements in subsection (g) below.)
(3)
A structure designed with irregular or articulated wall elements
may project into the required front and rear setback areas provided
that the average distance of the walls from the property lines complies
with the setback requirements.
|
Table 3-1
ALLOWED PROJECTIONS INTO SETBACKS
| |||
|---|---|---|---|
|
Projecting Feature
|
Allowed Projection into Specified Setback
| ||
|
Front Setback
|
Side Setback
|
Rear Setback
| |
|
Bay windows, and similar projecting windows
|
20% of setback (3)
|
20% of interior setback (2); 40% of street side setback (2)
|
20% of setback
|
|
Chimney/fireplace, 6 ft. or less in breadth
|
24 in. (1)
|
24 in. (1)
|
24 in. (1)
|
|
Cornice, eave, awning, roof overhang
|
30 in.
|
30 in. (2)
|
30 in. (2)
|
|
A roof structure without walls that covers a porch, deck, balcony,
or patio
|
25% of setback to a maximum of 6 ft. (3)
|
20% of side setback; 40% of street side setback (3)
|
12 ft. in single-family districts; 5 ft. in multi-family districts
(3)
|
|
Deck, balcony, porch, stairway - uncovered, and less than 30
in. above grade
|
May project to 15 ft. in front setback and to property line
in other setback areas
|
|
|
|
Notes:
| |
|---|---|
|
(1)
|
Feature may project no closer than 36 inches to any side property
line, except for legal nonconforming structures.
|
|
(2)
|
Feature may project no closer than 24 inches to any property
line, except for legal nonconforming structures.
|
|
(3)
|
See Section 10-2.404 (Residential zoning district general development standards), Table 2-3, and the development standards tables (Title 10, Chapter 2, Articles 2 (Zoning Map and Zoning Districts), 3 (Development and Land Use Approval Requirements), 4 (Residential Zoning Districts), 5 (Commercial and Manufacturing Zoning Districts), 6 (Special Purpose Zoning Districts), and 7 (Overlay Zoning Districts)) for allowable setbacks and projections.
|
(g)
Setback requirements for specific structures.
(2)
Detached decks, earthworks, freestanding solar devices, steps, terraces,
and other site design elements which are placed directly upon finish
grade, and which exceed a height of 18 inches above the surrounding
grade at any point, shall conform to the setback requirements of these
Zoning Regulations for detached accessory structures. (Note: Site
design elements less than 18 inches above finish grade are exempt.)
(3)
Swimming pools, hot tubs, and spas shall be set back a minimum of
five feet from the side and rear property lines. The associated equipment
for the above listed facilities shall be set back a minimum of five
feet from the side and rear property lines.
(h)
The
minimum distance between residential structures on the same parcel
shall comply with Table 3-2.
|
Table 3-2
MINIMUM DISTANCE BETWEEN STRUCTURES
| |
|---|---|
|
Characteristics of Residential Structures
|
Minimum Distance Between Structures (1)
|
|
1-story structures
|
10 ft.
|
|
2-story structures
|
15 ft.
|
|
Where one or both walls contain windows (2)
|
Add 5 ft.
|
|
Notes:
| |
|---|---|
|
(1)
|
The height of the taller of two adjoining structures shall dictate
the minimum distance requirements of Table 3-2.
|
|
(2)
|
Landscaping shall be incorporated into multi-family residential
projects to effectively screen views and provide privacy for adjoining
units.
|
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 2, Ord. 901, eff. July 22, 2019, and § 22, Ord. 941, eff. November 10, 2023)
(a)
The
requirements for fences, walls, hedges, and screening are to ensure
that they:
(1)
Meet public safety standards considering all forms of multi-modal
transportation, including, but not limited to, automobiles, bicycles,
and pedestrians, as defined herein and by City Council resolution;
(2)
Provide adequate buffering between different land uses;
(3)
Screen outdoor uses and equipment; and
(4)
Are attractively designed.
(b)
The
provisions of this section apply to all fences, walls, hedges, and
screening, except as provided by this section.
(c)
The
following fences, walls, and screening are exempt from the requirements
of this section:
(e)
Hedges. As living plants providing environmental benefits
and separation, screening, and buffering purposes, hedges shall be
regulated under the standards set forth in this subsection, distinct
from the requirements applicable to fixed, artificially constructed
fences, walls, and screening. Hedges cannot be planted, maintained,
or subjected to failed maintenance in a manner that creates any of
the following situations:
(f)
Fences,
walls, and screening shall comply with the following requirements:
(1)
Fences, walls, and screening shall not exceed the maximum heights
shown in Table 3-3.
|
Table 3-3
MAXIMUM HEIGHT OF FENCES, WALLS, AND SCREENING
| |
|---|---|
|
Location
|
Maximum Height
|
|
Front setbacks
|
4 ft.
|
|
Rear and side setbacks
|
6 ft.
|
|
At intersections of alleys, streets, and driveways within intersection visibility areas; see Section 10-2.803 (Height measurement and exceptions), Figures 3-2 and 3-2a
|
3 ft.
|
|
At any other location
|
6 ft.
|
(2)
Fence, wall, or screening height shall be measured from finish grade at the base of the fence, wall, or screen to the uppermost part of the fence, wall, or screen; except when there is a difference in the ground level between two adjoining parcels of two feet or more, in which case fence, wall, or screen height shall be measured from the finished grade on the higher side of the fence, wall, or screen, provided no fence, wall, or screen shall exceed a total height of seven feet measured from the higher side of the fence, wall, or screen. For example, an interior side property line with a difference in grade of one foot zero inches would be allowed to construct a six foot fence on the low side, and a six foot fence with a retaining wall of one foot for a total height of seven feet on the high side. In order to build a fence, wall, or screen higher than this allotted height, a minor variance (Title 10, Chapter 2, Article 25 (Minor Variances)) or variance (Title 10, Chapter 2, Article 26 (Variances)) would first be required.
(3)
A fence, wall, or screen including more than one design material
shall not exceed the maximum height pursuant to this section. For
example, within the front yard area a stone wall two feet in height
may include a two foot high wrought iron fence on top of the wall.
The combination of design materials shall not exceed the maximum height
limit established by this section.
(4)
The maximum height of a fence, wall, or screen may vary by an amount
not to exceed six inches to accommodate grade changes, provided that
in no event shall the average height of such fence, wall, or screen
exceed the maximum height established by this section.
(g)
Fence, wall and screening design standards.
(1)
To ensure the most direct and safe access routes for pedestrians
walking between a neighborhood-serving commercial development and
the neighboring dwelling units, an appropriate number of openings
in the fences, walls, or screening dividing those land uses shall
be provided, subject to the approval of the Director.
(2)
Fences, walls, and screening shall be constructed of attractive,
long-lasting materials (e.g., masonry, wood, or stone). Masonry walls
shall not consist exclusively of smooth-surfaced concrete masonry
units (CMUs); the use of textured or split-face CMUs is strongly encouraged.
Walls shall be of a solid masonry construction and be of a decorative
design when visible from public rights-of-way.
(5)
The height of fences, walls, and screening in intersection visibility areas located on corner lots in all districts shall be limited to the standards in Figure 3-2 of Section 10-2.803 (Height measurement and exceptions) and Table 3-3 of Section 10-2.805 (Fences, walls, hedges, and screening). The maximum height of a wall, fence, or screening may be increased for rear and side areas pursuant to the height limitations of this section, if the Community Development Director determines in writing with justification that no visibility and traffic safety concern is present. The determination shall be provided as part of the Zoning Clearance permitting process for new fences, walls, and screening provided in Sections 10-2.803 (Height measurement and exceptions), 10-2.804 (Setback measurement and exceptions), and this section.
(6)
Through the Zoning Clearance permitting process for new or replacement
fences, walls, or screening, the Community Development Director may
approve additional height for a proposed new or replacement fence,
wall, or screening in the front setback, if the Community Development
Director determines, in writing with justification, that additional
height in the front setback, up to six feet is necessary, on a defined,
term limited temporary basis, to protect public health and safety,
to buffer adjacent conflicting land uses, or to ensure safety and
preservation of the public's peace and welfare by ensuring safe confinement
of dogs and other animals present on the property.
(h)
Walls required between different zoning districts. Walls
shall be provided and maintained between different zoning districts
in the following manner:
(1)
Nonresidential or multifamily.
(A)
Where a nonresidential or multifamily zoning district adjoins property in a residential zoning district (other than a public right-of-way or the village mixed-use district), a six foot high solid masonry wall shall be constructed on the zone boundary line, subject to the approval of the Director a zoning clearance pursuant to Title 10, Chapter 2, Article 19 (Zoning Clearances).
(B)
The Commission may waive or modify the requirement for a zone boundary
line wall in compliance with subsection (j) below and the height requirement
that would allow the wall(s) to be constructed higher than six feet
if the viewshed would not be impacted.
(2)
Where property in an industrial zoning district adjoins property in a non-industrial zoning district, a solid masonry wall, a minimum of six to seven feet in height, shall be constructed on the zone boundary line, subject to a zoning clearance pursuant to Title 10, Chapter 2, Article 19 (Zoning Clearances).
(i)
Swimming pools/spas and other similar water features shall be surrounded by a fence, wall, or solid screen in compliance with the City's adopted Uniform Building Code, and such fencing shall comply with the applicable standards of Sections 10-2.803 (Height measurement and exceptions). 10-2.804 (Setback measurement and exceptions), and 10-2.805 (Fences, walls. hedges, and screening).
(j)
This
subsection establishes standards for the screening, separating, and
buffering of adjoining residential and nonresidential land uses, equipment
and outdoor storage areas, and surface parking areas by walls, fences,
and screening.
(1)
General design guidelines.
(A)
Project design should ensure the highest level of compatibility between
adjoining land uses and zoning districts, to minimize the need for
screening and buffering.
(B)
The use of appropriately enhanced setbacks, fencing, landscape plantings,
and other design techniques can assist in softening building forms
and minimizing the need for screening and buffering as required by
this subsection.
(2)
Mechanical equipment, loading docks, and refuse areas.
(A)
Roof- or ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation, and exhaust ducts, transformers), loading docks, refuse storage areas, and utility services shall be adequately screened from the view from adjoining public streets and rights-of-way, and surrounding areas zoned for residential or open space uses, by fences, landscaping, walls, screening, or other methods pursuant to Sections 10-2.803 (Height measurement and exceptions), 10-2.804 (Setback measurement and exceptions), and 10-2.805 (Fences, walls, hedges, and screening).
(B)
The method of screening shall be architecturally compatible with
other on-site development in terms of colors, materials, and architectural
style.
(k)
Outdoor
building and garden supply areas shall be screened with fencing, landscaping,
meshing, walls, screening or similar material to minimize visibility
of the storage area from the public rights-of-way.
(l)
Zoning clearance required for new or replacement fences, walls, or screening. Prior to the installation of any new or replacement fence, wall, or screening, the property owner or representative must apply to the City for a Zoning Clearance under Title 10, Chapter 2, Article 19 (Zoning Clearances). A Zoning Clearance for a fence, wall, or screening shall be a ministerial permit issued by the Community Development Director upon a finding that a proposed fence, wall, or screen complies with all applicable provisions of Sections 10-2.803 (Height measurement and exceptions), 10-2.804 (Setback measurement and exceptions), this section, and the Ojai Municipal Code. Existing legal nonconforming fences, walls, and screening may be repaired, but not replaced, in compliance with the requirements of Section 10-2.1315.
(m)
The
Community Development Director shall promulgate an application form
for this permit, which shall include a requirement that each applicant
for a fence, wall, or screening demonstrate having provided written
notice to all adjoining property owners of the proposed fence, wall,
or screening.
(n)
The
City Council establishes a fifty dollar ($50.00) fee for this permit,
subject to change by City Council resolution.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 3, Ord. 910, eff. December 10, 2020, and
§ 23, Ord. 941, eff. November
10, 2023)
All land uses shall be operated and maintained so as to not
be injurious to public health, safety, or welfare, and to comply with
the following standards:
(a)
Uses,
activities, or processes shall not generate or emit any visible dust,
gasses, or smoke, except as necessary for the heating or cooling of
structures, and the operation of motor vehicles, farming equipment
and gardening equipment on the site.
(d)
Uses
shall not generate ground vibration perceptible without instruments
by a reasonable person at the property lines of the site, except those
associated with motor vehicles in "regular working order."
(e)
Uses
shall not generate or emit any obnoxious odor or fumes that are perceptible
without instruments by a reasonable person at the property lines of
the site, except those associated with motor vehicles in "regular
working order."
(f)
The
use, handling, storage, and transportation of combustibles and explosives
shall comply with the Uniform Fire Code (National Fire Protection
Association (NFPA) Code 1).
(g)
Uses,
activities, or processes shall not emit dangerous radioactivity, or
electrical disturbance or electromagnetic interference with normal
radio or television reception or with the function of other electronic
equipment beyond the property lines of the site.
(h)
All
storage of appliances, furniture, and other similar equipment or materials
shall be within a permanent structure and completely screened from
public view, except for temporary storage during construction or remodeling
under an active building permit.
(i)
Liquids
shall not be discharged into a public or private body of water, sewage
system, watercourse, or into the ground, except in compliance with
applicable regulations of the Los Angeles Regional Water Quality Control
Board (RWQCB) and the City adopted National Pollution Discharge Elimination
Standards (NPDES).
(§ 3, Ord. 771, eff. February 13, 2004; as amended by § 4, Ord. 825, eff. September 28, 2013, and
§ 24, Ord. 941. eff. November
10, 2023)
(a)
This
section provides standards which recognize the City's support for
and compliance with the California Solid Waste Reuse and Recycling
Access Act of 1991 (Public Resources Code Sections 42900 through 42911
as amended).
(b)
The
requirements of this section apply to new multi-family and non-residential
development, or modifications to existing development that increase
gross floor area by 25% or more.
(c)
Solid
waste and recyclables storage areas shall be provided in the number,
dimensions, and types required by the local waste hauler. Additional
storage areas may be required, subject to the approval of the Director.
(d)
Storage areas shall be fully enclosed by a six foot high masonry wall or other solid enclosure that is architecturally compatible with adjacent structures. Gates are required to be solid and in continual working order. Landscaping shall be provided to soften and screen the enclosure in compliance with Title 10, Chapter 2, Article 12 (Landscaping Standards).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 25, Ord. 941, eff. November 10, 2023)
(a)
All
existing and proposed on-site utility facilities (including cable
television, electric, natural gas and telecommunication lines) intended
to serve a new structure shall be installed underground from the utility
company distribution line to the structure, except for equipment appurtenant
to underground facilities, including surface-mounted transformers,
pedestal-mounted terminal boxes and meter cabinets, and concealed
ducts.
(b)
The
applicant is responsible for complying with the requirements of this
section and shall make the necessary arrangements with the affected
utility companies for facility installation. The review authority
may waive the requirements of this section if topographical, soil,
or any other conditions make underground installation unreasonable
or impractical.
(c)
Underground
utility lines may be installed within street rights-of-way or along
any lot line. When installed within street rights-of-way, their location
and method of installation shall be subject to the approval of the
City Engineer.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 26, Ord. 941, eff. November 10, 2023)
All uses shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Article 12, Landscaping Standards; Article 14, Parking and Loading Standards; Article 16, Sign Standards; Article 20, Design Review Permits; Article 22, Temporary Use Permits; Article 24, Conditional Use Permits; Article 25, Minor Variances; Article 26, Variances.
(§ 3, Ord. 771, eff. February 13, 2004)
