The provisions of this article are intended to establish standards
for the location, development, and operation of specified land use
activities that are allowed by Articles 2 through 7 of this chapter
in individual or multiple zoning districts, and for activities that
require special standards to mitigate their potential adverse impacts.
(§ 3, Ord. 771, eff. February 13, 2004)
Land uses and activities covered by this article shall comply
with the provisions of the sections applicable to the specific use,
in addition to all other applicable provisions of these Zoning Regulations.
(a)
The uses that are subject to the standards in this article shall
be located in compliance with the requirements of Articles 2 through
7 of this chapter.
(b)
The uses that are subject to the standards in this article shall
be authorized by the land use entitlement required by Articles 2 through
7 of this chapter, except where a land use entitlement requirement
is established by this article for a specific use.
(§ 3, Ord. 771, eff. February 13, 2004)
This section provides locational, developmental, and operational
standards for the development and operation of bed and breakfast (B&B)
establishments. All B&B establishments shall be located, developed,
and operated in the following manner:
(a)
B&B establishments may only be allowed in the B-P zoning district, subject to the issuance of a zoning clearance, and in the C-1 and VMU Zoning Districts, subject to the approval of design review and conditional use permits in compliance with Articles 20 and 24 of this chapter. They shall not be allowed within any single-family zoning district.
(b)
The parcel upon which the B&B establishment is to be developed
and operated shall conform to all standards of the subject zoning
district.
(c)
Service shall be limited to the rental of bedrooms. Meal service
shall be limited to the provision of meals for registered guests.
(d)
There shall be no additional food preparation areas for the guests.
(e)
Receptions, private parties, or activities, for which a fee is paid
or which is allowable as a condition of room rental, shall not be
allowed.
(f)
Each guest shall register upon arrival, stating their date of occupancy,
name, current residence address, and the license plate number of the
motor vehicle that is being used by the guest. The registration form
shall be kept by the owner or operator for a period of two years and
shall be made available for examination by appropriate City representatives
upon one days' notice.
(g)
A current City business license shall be maintained and displayed in compliance with Chapter 1 of Title 6 of the Municipal Code.
(h)
All B&Bs shall be subject to the City's transient occupancy tax in compliance with Chapter 1 of Title 8 of the Municipal Code.
(i)
Off-street parking shall be provided at a ratio of one space for
each bedroom available for rent. This parking shall not be located
within the required front setback.
(j)
Signs shall be limited to one on-site sign not to exceed four square
feet in area and shall be installed and maintained in compliance with
Article 16 of this chapter. In the event of alley access to a guest
parking area, a second sign, not to exceed two square feet in area,
may be approved by the Director in order to identify the parking area.
(k)
The B&B shall meet all of the requirements of the Ventura County
Fire Protection District.
(§ 3, Ord. 771, eff. February 13, 2004)
This section provides definitions and applicability provisions
for small family day care homes, large family day care homes, and
child day care centers as well as locational, developmental, and operational
standards for child day care centers, in compliance with State law
and in a manner that recognizes the needs of child care operators
and minimizes negative impacts on adjoining properties. These standards
apply in addition to the other provisions of these Zoning Regulations
and the requirements of the California Department of Social Services.
Licensing by the Department of Social Services is required for all
child day care facilities.
The establishment of a child day care facility shall comply
with Articles 2 through 7 of this chapter, and the following criteria
and standards:
(a)
Child day care facilities shall be allowed as follows:
(b)
The following standards shall apply to all child day care centers:
(1)
The minimum parcel size for a child day care center shall be 10,000
square feet.
(2)
Off-street parking shall be as determined through the approval of
the required entitlement.
(3)
A safe area for picking up and dropping off children shall be provided.
This activity shall only be allowed in a driveway, in an approved
parking area, or in an area with direct access to the facility.
(§ 3, Ord. 771, eff. February 13, 2004)
Guest houses are subject to the approval of design review and conditional use permits in compliance with Articles 20 and 24 of this chapter, and shall be located, developed, and operated in the following manner:
(a)
Guest houses shall only be allowed in an agricultural, residential,
or the VMU Zoning District.
(b)
The minimum parcel area shall be 20,000 square feet for properties
located in an agricultural or residential zoning district, and no
minimum parcel area shall be required for properties in the VMU Zoning
District.
(c)
The maximum floor area of the guest house shall not exceed 640 square
feet; provided, however, that a guest house on a parcel of five acres
or more may exceed 640 square feet of floor area, but shall not exceed
1,000 square feet of floor area.
(d)
Any guest house constructed within 300 feet from an existing sewer
line shall be required to connect to the sewer line before first occupancy.
All public utility services to the guest house shall be installed
underground.
(e)
Guest houses shall not be allowed on parcels where a second dwelling unit, as defined in Article 35 of this chapter, presently exists.
(g)
All street improvements required by the Director of Public Works
in connection with the construction of the guest house shall be met.
(h)
No design review and conditional use permits for a guest house shall be granted unless the following findings, supported by substantial evidence, are first adopted in addition to those identified in Section 10-2.2406. The guest house would:
(1)
Be appropriate to the size and character of the parcel on which it
would be located and to the character of the neighborhood;
(2)
Not overload the capacity of the neighborhood to absorb the guest
house (in terms of parking, intensity of land uses, and the like)
or cause a concentration of guest houses sufficient to change the
character of the single-family neighborhood in which the guest house
would be located; and
(3)
Not detract from the privacy of the surrounding residents.
(§ 3, Ord. 771, eff. February 13, 2004)
This section provides locational, developmental, and operational standards for new motor vehicle sales dealerships (including all light and medium duty licensed motor vehicles) in the City, which are expected to enhance and promote the prestigious residential resort image of the City, and shall present an aesthetically pleasing visual environment that promotes and protects the natural and built scenic beauty of the community. Design review and conditional use permits in compliance with Articles 20 and 24 of this chapter shall be required, and all new dealerships shall be constructed in the following manner:
(a)
The minimum site area for a new dealership shall be 15,000 square
feet.
(b)
The sale of used motor vehicles may only be incidental to the new
motor vehicle sales and longterm new motor vehicle leasing operations
on-site. Stand-alone used vehicle sales or leasing operations are
not allowed in the City.
(c)
The outdoor motor vehicle sale displays shall be located in the landscaped
front setback area.
(d)
The storage of motor vehicles and lease inventory shall not be located
between any structure and the public street frontage, except for customer
and employee parking areas and the allowed outdoor motor vehicle display
in the landscaped front setback area. "Storage" is defined as being
the motor vehicle inventory not displayed for sale or lease. All storage
areas shall be completely screened from public view with a combination
of landscaping, trellises, and walls as appropriate.
(e)
All parts and accessories shall be stored within a fully enclosed
structure.
(f)
Night lighting shall be limited to signs, outdoor motor vehicle displays,
the indoor showroom, and incidental security lighting. All on-site
lighting shall be energy efficient, stationary and directed away from
adjoining properties and public rights-of-way.
(g)
All landscaping shall be installed and permanently maintained in
compliance with Article 12 of this chapter.
(h)
All on-site signs shall comply with the provisions of Article 16
of this chapter.
(i)
All loading and unloading of vehicles shall occur on-site where feasible
and not in adjoining public rights-of-way.
(j)
All vehicles associated with the business shall be displayed, parked,
or stored on-site on paved surfaces only and not in adjoining streets
or alleys.
(k)
An adequate on-site queuing area for service customers shall be provided.
Required off-street parking spaces may not be counted as queuing spaces.
(l)
Service bays with individual access from the exterior of the structure
shall not directly face or front on a public right-of-way and shall
be designed to minimize the visual intrusion onto adjoining properties.
Outdoor hoists shall be prohibited.
(m)
Off-street parking requirements shall be established during project
review to adequately accommodate all on-site uses, including showroom,
office, parts and service areas, as well as employee and customer
parking.
(§ 3, Ord. 771, eff. February 13, 2004)
Automotive (light and medium duty licensed motor vehicle) parts, repair, and service centers and facilities are allowable subject to the approval of design review and conditional use permits in compliance with Articles 20 and 24 of this chapter. Automotive service and repair facilities shall be developed and operated in the following manner:
(a)
The site shall be entirely paved, except for structures and landscaping,
so that vehicles are not parked in a dirt or otherwise not fully improved
area.
(b)
All temporarily stored (for more than five consecutive days), damaged,
or wrecked vehicles shall be completely screened so as not to be visible
from adjoining properties or public rights-of-way. Storage of vehicles
shall not exceed a maximum of 30 days. Outside storage of motor vehicles
is prohibited.
(c)
Service bays with individual access from the exterior of the structure
shall not directly face or front on a public right-of-way and shall
be designed to minimize the visual intrusion onto adjoining properties.
Outdoor hoists shall be prohibited.
(d)
Service access shall be located at the rear or side of structures
and as far as possible from adjoining residential uses.
(e)
Repair and service activities and vehicle loading and unloading shall
only occur on-site and not in adjoining streets or alleys.
(f)
All repair facilities shall maintain closed windows when performing
noise-generating activity. Exterior noise shall comply with the City's
Noise Ordinance.
(g)
All on-site lighting shall be energy efficient, stationary, and directed
away from adjoining properties and public rights-of-way.
(h)
All landscaping shall be installed and permanently maintained in
compliance with Article 12 of this chapter.
(i)
All on-site signs shall comply with the provisions of Article 16
of this chapter.
(j)
All on-site parking shall comply with the provisions of Article 14
of this chapter. A specific parking plan shall be developed as part
of the entitlement review process.
(k)
Work shall not be performed on vehicles between the hours of 7:00
p.m. and 7:00 a.m. Monday through Saturday; or until 8:00 a.m. on
Sundays.
(l)
The premises shall be kept in a neat and orderly condition at all
times.
(m)
All discarded automotive parts or equipment or permanently disabled,
junked, or dismantled vehicles shall be removed from the premises
in a timely manner.
(n)
All hazardous materials resulting from the repair and service operation
shall be properly stored and removed from the premises in a timely
manner. Storage, use, and removal of toxic substances, solid waste
pollution, and flammable liquids, particularly gasoline, paints, solvents,
and thinners, shall conform to all applicable local, State, and Federal
regulations.
(§ 3, Ord. 771, eff. February 13, 2004)
This section provides developmental and operational standards
for outdoor dining activities. The purpose of these standards is to
promote safe and visually appealing opportunities for outdoor dining
within the City.
(a)
Outdoor dining is only allowed within the City with an outdoor dining permit, unless the establishment qualifies for an exemption in compliance with subsection (b) below.
(b)
Food establishments that primarily provide take-out service are exempted
from the provisions of this section provided their outdoor facilities
are limited to no more than two chairs and one table or one booth.
These establishments shall still file for and receive an encroachment
permit from the Director of Public Works.
(c)
Allowed outdoor dining.
(1)
Outdoor dining shall require a conditional use permit in compliance with Article 24 of this chapter, in addition to the outdoor dining permit required by this section, issued in compliance with all adopted rules and regulations for outdoor dining.
(2)
Outdoor dining may be allowed where, in the opinion of the Director
of Public Works, traffic and pedestrian safety is compatible with
outdoor dining. All outdoor dining areas shall be adjacent to and
incidental to the operation of a food service establishment providing
on-premises customer seating properly allowed for this type of service
in compliance with all applicable State and County health regulations.
Use of the sidewalk or public right-of-way shall be confined to the
actual sidewalk and public right-of-way frontage of the restaurant
or food service structure.
(d)
Outdoor dining is allowed only where, in the opinion of the Director
of Public Works, the sidewalk is wide enough to adequately accommodate
both the usual pedestrian traffic in the area and the operation of
the proposed outdoor dining. Each application request shall be field
reviewed by the Director of Public Works to determine the width of
sidewalk which shall remain clear and unimpeded for pedestrian traffic.
(e)
Outdoor dining is a revocable encroachment permit granted by the
City. The City shall have the right, acting through the Director of
Public Works, to suspend the operation of outdoor dining at any time
because of anticipated or actual conflicts in the use of the sidewalk
area or right-of-way. These conflicts may arise from scheduled festivals,
or similar special events, marches or parades, repairs to the street
or sidewalk, or from emergencies occurring in the area. To the extent
possible, the permittee shall be given prior written notice of any
time period during which the operation of the outdoor dining will
be suspended by the City.
(f)
The Director of Public Works shall issue an outdoor dining permit
in compliance with administrative regulations adopted by resolution
of the Commission and Council. At a minimum, these regulations shall
determine and require the following:
(1)
The approval and execution of a standard permit and hold harmless
agreement in a form acceptable to the City Attorney;
(2)
Proof of insurance naming the City as additional insured as identified in Municipal Code Section 7-1.106 in an amount of not less than $500,000 combined single limits;
(3)
Special site conditions as are needed or desirable;
(4)
Whether the design for seating and signs meets the minimum standards
of the established regulations;
(5)
Other conditions as are necessary for public safety or to protect
public improvements;
(6)
Conditions necessary to restore the appearance of the sidewalk or
right-of-way upon the termination of the outdoor dining use;
(7)
Compliance with the applicable City building, design review, signs,
and zoning requirements;
(8)
Approval of a conditional use permit by the Commission; and
(9)
The payment of an appropriate permit application and encroachment
fee in an amount established by resolution of the Council.
(g)
The maximum term of an outdoor dining permit shall be 12 months.
Thereafter, the Director of Public Works may extend the permit for
additional periods, not to exceed 12 months each, following review
and approval of the operation of the outdoor dining business. If the
Director of Public Works considers additional or revised conditions
necessary to carry out the intent of these Zoning Regulations, new
conditions may be imposed upon the extension, including the imposition
of a permit renewal fee.
(h)
Permits issued in compliance with the authority of these Zoning Regulations
shall be nontransferable from one owner to another.
(i)
The provisions of Section 7-1.130 shall be applicable to the issuance of an outdoor dining permit.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
Purpose. The purpose of this section is to provide
guidelines, and minimum standards to facilitate both the construction
of new accessory dwelling units, also known as second units, and the
legalization of unpermitted accessory dwelling units.
(b)
"Accessory dwelling unit"
"Accessory structure"
"Attached unit"
"Attic"
"Basement"
"Detached unit"
"Efficiency unit"
"Existing legal accessory building"
"Existing legal primary unit"
"Floor area"
"Habitable area"
"Home split"
"Junior accessory dwelling unit"
"Living area"
"Lot coverage"
"Manufactured home"
"Multi-family dwelling"
"Neighborhood"
"Passageway"
"Primary unit"
"Short-term rental"
Definitions. For the purposes of this section, certain
words and phrases used in this section are defined as follows:
is a residential dwelling unit that is accessory to a principal
residential dwelling unit located on the same parcel of land. It is
an attached or a detached residential dwelling unit which provides
complete independent living facilities for one or more persons. It
shall include permanent provisions for living, sleeping, eating, cooking,
and sanitation and be situated on the same parcel or parcels as the
primary unit. An ADU must have exterior access independent from the
primary unit and/or interior access independent from the primary unit.
means a structure that is physically detached from, secondary
and incidental to, and commonly associated with the primary structure
and is either a habitable structure with no more plumbing facilities
than a half-bath containing a toilet and a sink or a non-habitable
structure.
means a unit shall be considered attached to the primary
unit if the unit is attached by either a common wall, floor, or ceiling.
means the area located between the ceiling of the top story
of a building and the building's roof and not usable as habitable
or commercial space.
means a portion of a building wholly underground or in which
more than one-half the distance from the floor to the ceiling is below
the average adjoining grade, and as otherwise defined in the Building
Code currently in effect.
has no common walls, floors or ceilings to another residential
unit.
as defined in Section 17958.1 of the Health and Safety Code.
means a building that is either existing legal conforming
or existing legal nonconforming.
means a unit that is either existing legal conforming or
existing legal nonconforming.
means the interior habitable and non-habitable areas of a
dwelling unit including basements and attics, not including a garage
or any accessory structure.
means an area within a building designed for general living,
sleeping, eating, or cooking purposes.
means the division of an existing single-family home into two dwelling units, each containing a minimum of 650 square feet of living space and meeting the following criteria: (i) the existing single-family home contains a minimum of 2,000 square feet of living area, is located on a legal lot and has a current Zoning District designation of any of the following zones: all R Zones, OS, A, VMU, C-1, or B-P; (ii) does not expand the existing principal residence by more than 10% of the existing floor area; (iii) results in no change in the physical appearance of the existing single-family home or otherwise complies with the provisions of Section 10-2.2003 (Applicability), subsection (c); and (iv) adheres with all applicable building code requirements and development standards of the underlying Zoning District.
means a residential dwelling unit that is no more than 500
square feet in size and contained entirely within an existing single-family
structure. A junior accessory dwelling unit may include separate sanitation
facilities, or may share sanitation facilities with the existing structure.
means the interior legally permitted habitable area, with
minimum dimensions of eight feet by 10 feet and with at least seven
and one-half (7.5) feet of head room, of a dwelling unit including
basements and attics but does not include a garage or any accessory
structure.
means the percentage of total site area occupied by structures.
Structure or building coverage is measured as the area enclosed by
or within a structure, and includes the primary structure, all accessory
structures (e.g., carports, garages, patio covers, storage sheds,
trash dumpster enclosures, accessory dwelling units) and architectural
features (e.g., chimneys, balconies, decks above the first floor,
porches, stairs).
as defined in Section 18007 of the Health and Safety Code.
as set forth in Ojai Municipal Code Section 10-2.3602, (Definitions of specialized terms and phrases).
as set forth in Government Code Section 65589.5.
means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the accessory dwelling unit.
means an existing single-family dwelling located on a lot
in any of the following zones: all R Zones, OS, A, VMU, C-1, B-P.
ADUs are only permitted in the C-1 and B-P Zones if the property's
existing single-family dwelling is legal, conforming or nonconforming,
but not if the existing single-family dwelling lacks legal status.
means any short-term, transient, or vacation rental of property
or a portion thereof located within the City of Ojai for less than
30 days, excepting rentals with a duration of the entire month of
February.
(c)
Applications. Notwithstanding any provision of these Zoning Regulations to the contrary, an application for a new or expanded accessory dwelling unit shall be approved ministerially by the Community Development Director, without discretionary review and a hearing, if the project conforms with the minimum standards and design criteria in this section. Any application for an accessory dwelling unit that does not conform to the minimum standards and design criteria in this section applicable to that type of accessory dwelling unit may be approved via approval of a design review permit issued under Section 10-2.2003 (Applicability), subsections (c) and (d).
(1)
The accessory dwelling unit shall not be offered for sale apart from
the primary unit.
(d)
Standards. The following development standards shall
apply to accessory dwelling units, with the standards set separately
for each accessory dwelling unit type:
|
Table A
ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS
| ||||||
|---|---|---|---|---|---|---|
|
|
New Detached Accessory Dwelling Unit
|
New Attached Accessory Dwelling Unit Attached to an Existing
Legal Primary Unit
|
New Attached Accessory Dwelling Unit Solely by Conversion of
Existing Interior Space in an Existing Legal Primary Unit
|
New Accessory Dwelling Unit Solely by Conversion of an Existing
Legal Accessory Building
|
New Unit Within A New Second Story Over Existing Legal Primary
Unit
|
Home-Split, as Defined Above and as Defined by § 10-2.3602, (Definitions of specialized terms and phrases)
|
|
Permitted Zones
|
All R zones, OS, A, VMU, C-1, B-P
|
All R zones, OS, A, VMU, C-1, B-P
|
All R zones, OS, A, VMU, C-1, B-P
|
All R zones, OS, A, VMU, C-1, B-P
|
All R zones, OS, A, VMU, C-1, B-P
|
All R zones, OS, A, VMU, C-1, B-P
|
|
Setbacks:
Front
Side
Rear
|
Front Setback: As set forth in the zoning district the unit
is proposed in.
Side and Rear Setback: 4 ft.
|
Front Setback: As set forth in the zoning district the unit
is proposed in.
Side and Rear Setback: 4 ft.
|
Utilizes the existing setbacks.
|
Utilizes existing setback if accessory building is legal.
|
Front Setback: As set forth in the zoning district the unit
is proposed in.
Side and Rear Setback: 4 ft.
|
As set forth in the zoning district the unit is proposed in.
|
|
Lot Coverage
|
As set forth in the zoning district the unit is proposed in.
|
As set forth in the zoning district the unit is proposed in.
|
Utilizes the existing lot coverage.
|
Utilizes the existing lot coverage.
|
As set forth in the zoning district the unit is proposed in.
|
As set forth in the zoning district the unit is proposed in.
|
|
Height
|
As set forth in the zoning district the unit is proposed in.
|
As set forth in the zoning district the unit is proposed in.
|
Utilizes the existing height of the legal building.
|
Utilizes the existing height of the legal building.
|
As set forth in the zoning district the unit is proposed in.
|
As set forth in the zoning district the unit is proposed in.
|
|
Stories
|
As set forth in the zoning district the unit is proposed in.
|
As set forth in the zoning district the unit is proposed in.
|
Utilizes the existing height of the legal building.
|
Utilizes the existing height of the legal building.
|
As set forth in the zoning district the unit is proposed in.
|
As set forth in the zoning district the unit is proposed in.
|
|
Maximum Floor Area Size of Unit (3)
|
1,200 sq. ft. or 85% of the existing habitable area of the legal
primary unit, whichever is smaller.
|
1,200 sq. ft. or 85% of the existing habitable area of the legal
primary unit, whichever is smaller.
|
1,200 sq. ft. or 85% of the existing habitable area of the legal
primary unit, whichever is smaller.
|
1,200 sq. ft. or 85% of the existing habitable area of the legal
primary unit, whichever is smaller.
|
1,200 sq. ft. or 85% of the existing habitable area of the legal
primary unit, whichever is smaller.
|
1,200 sq. ft. or 85% of the existing habitable area of the legal
primary unit, whichever is smaller.
|
|
Number of Accessory Dwelling Units Allowed on Site (4)
|
1
|
1
|
1
|
1
|
1
|
1
|
|
Number of Junior Accessory Dwelling Units Allowed on Site
|
1
|
1
|
1
|
1
|
1
|
1
|
|
Parking for Units Not Within ½ Mile of a Transit
Stop
|
One additional uncovered on-site paved parking space which may
be tandem on an existing driveway.
|
None
|
None
|
None
|
None
|
One additional uncovered on-site paved parking space which may
be tandem on an existing driveway.
|
|
Parking for Units Within ½ Mile of a Transit Stop
|
None
|
None
|
None
|
None
|
None
|
None
|
|
Parking for Units Located Within an Historic District
|
None
|
None
|
None
|
None
|
None
|
None
|
|
New Driveways to Parking Provided for an Accessory Dwelling
Unit
|
Shall be pervious and shall be the minimum width to provide
sufficient access to the parking.
|
Shall be pervious and shall be the minimum width to provide
sufficient access to the parking.
|
Shall be pervious and shall be the minimum width to provide
sufficient access to the parking.
|
Shall be pervious and shall be the minimum width to provide
sufficient access to the parking.
|
Shall be pervious and shall be the minimum width to provide
sufficient access to the parking.
|
Shall be pervious and shall be the minimum width to provide
sufficient access to the parking.
|
|
Guest House
|
Each legal lot may have a guest house, under the restrictions of § 10-2.1705.
|
Each legal lot may have a guest house, under the restrictions of § 10-2.1705.
|
If a guest house exists, then a new accessory dwelling unit
is allowed.
|
If a guest house exists, then a new accessory dwelling unit
is allowed.
|
Each legal lot may have a guest house, under the restrictions of § 10-2.1705.
|
Each legal lot may have a guest house, under the restrictions of § 10-2.1705.
|
|
Accessory Structures(1), (2)
|
Permitted, in compliance with applicable City regulations.
|
Permitted, in compliance with applicable City regulations.
|
Permitted, in compliance with applicable City regulations.
|
Permitted, in compliance with applicable City regulations.
|
Permitted, in compliance with applicable City regulations.
|
Permitted, in compliance with applicable City regulations.
|
|
Short-Term Rental of Accessory Dwelling Unit Permitted
|
No
|
No
|
No
|
No
|
No
|
No
|
|
Design Review Permit Required
|
Only for two-story units, units taller than 24 ft, or units
on the second story.
|
Only for two-story units, units taller than 24 ft, or units
on the second story.
|
Only for new two-story units or new units taller than 24 ft,
or units on the second story outside the existing legal building envelope.
|
Only for new two-story units or new units taller than 24 ft,
or units on the second story outside the existing legal building envelope.
|
Only for two-story units, units taller than 24 ft, or units
on the second story.
|
Only for two-story units, units on the second story, or units
entailing expansion of the existing principal residence by more than
10% of the existing floor area.
|
|
Notes:
| ||
|---|---|---|
|
(1)
|
Standards in Common.
| |
|
(A)
|
The accessory dwelling unit shall include a separate entrance,
kitchen, and bathroom.
| |
|
(B)
|
The accessory dwelling unit shall complement the primary residence
in form, materials and color.
| |
|
(C)
|
Mobile homes (except those fitting the definition of Section
18007 of the Health and Safety Code) and travel trailers shall not
be permitted as second units.
| |
|
(D)
|
Accessory dwelling units, including any portion of a pre-existing
primary residential unit which would be incorporated into an accessory
dwelling unit, shall comply with the minimum standards of Title 24,
California Code of Regulations, the Uniform Building, Plumbing, Housing,
and Mechanical Codes, the National Electrical Code, Fire, Health,
and Safety Code and the noise insulation standards applicable at the
time the building permit for the accessory dwelling unit is issued
or when the accessory dwelling unit is permitted by the Director,
whichever is most recent. Any condition of the primary unit which
is detrimental to health and safety shall also be corrected by the
applicant.
| |
|
(E)
| ||
|
(F)
|
Both primary and accessory dwelling units shall be connected
to the public sewer system, unless sewer service via a new or existing
private sewage disposal system is approved by the Building Official
and in compliance with all applicable regulations. All public utility
services to the accessory dwelling unit shall be underground. The
accessory dwelling unit does not need a separate connection to any
public utility service. The primary and accessory dwelling units shall
be commonly or separately metered to all public utility services,
at the option of the applicant. Notwithstanding the foregoing, if
an accessory dwelling unit is proposed for a property with an existing
private sewage disposal system, then the accessory dwelling unit may
connect to the existing private sewage disposal system, if approved
by the Building Official and in compliance with all applicable regulations.
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(G)
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Notwithstanding the standards of Table A, no minimum or maximum
size for an accessory dwelling unit, size based upon a percentage
of the proposed or existing primary dwelling, or limits on lot coverage,
floor area ratio, open space, and minimum lot size, for either attached
or detached dwellings shall be imposed that prohibit an 800 square
foot accessory dwelling unit that is 16 feet in height with four foot
side and rear yard setbacks to be constructed in compliance with all
other local development standards.
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(2)
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Junior accessory dwelling units within single-family and multi-family dwellings shall be permitted in compliance with Title 10, Chapter 2, Section 1709 (Accessory dwelling units), subsection (k) and all regulations stated in Government Code Sections 65852.2 and 65852.22.
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(3)
|
Notwithstanding the maximum floor area standards of Table A,
an accessory dwelling unit containing one bedroom shall be permitted
up to 850 square feet in floor area and an accessory dwelling unit
containing two or more bedrooms shall be permitted up to 1,000 square
feet in floor area.
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(4)
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Accessory dwelling units are allowed in multi-family dwellings in compliance with subsection (l) and all regulations stated in Government Code Section 65852.2.
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(e)
Design review permit criteria. So long as the design criteria set forth in Table A "Accessory Dwelling Unit Development Standards" are met for the applicable accessory dwelling unit type and the common standards set forth in subsection (d)(1) are met, as determined by the Director, and provided that the accessory dwelling unit: (1) does not entail new two-story construction and is no taller than 24 feet in height; or (2) is within the building envelope of the existing legal second story of an existing legal primary unit, has independent exterior access from the existing legal primary unit, and side and rear setbacks are adequate for fire safety as determined by the Director; or (3) if a home split, does not entail two-story construction or alteration of the second story of an existing two-story principal residence or expansion of the existing principal residence by more than 10% of the existing floor area, then a design review permit shall not be required under Section 10-2.2003 (Applicability).
(f)
Fees. No connection fees, capacity charges, school
district fees, or similar impact fees shall be assessed on an accessory
dwelling unit by the City. Accessory dwelling unit applications are
subject to the City's planning and building administrative and permit
applications fees applicable at the time of the application.
(g)
Growth management allocation. All accessory dwelling
units shall be exempt from the City of Ojai's Growth Management allocation
process.
(h)
Short-term rental. No accessory dwelling unit shall
be utilized as a short-term rental facility.
(i)
Traffic impacts. Accessory dwelling units are expressly
exempt from the City of Ojai's traffic mitigation policies.
(j)
ADU/Second Unit Compliance Program. The owners of existing accessory dwelling units which existed prior to January 1, 2021, and not recognized as lawfully permitted may apply for an amnesty permit pursuant to the ADU/Second Unit Compliance Program Guidelines ("ADU/Second Unit Guidelines") adopted by the City Council pursuant to this section. If approved, as provided in the ADU/Second Unit Guidelines, the ADU/second unit compliance permit shall convey legal nonconforming status on the second unit pursuant to Title 10, Chapter 2, Article 13 (Nonconforming Uses, Structures, and Parcels).
(1)
Except as specifically provided in the ADU/Second Unit Guidelines,
ADU/second unit compliance permits shall not be subject to the normal
requirements for residential second units specified in this Code,
but instead shall be subject to the specific requirements contained
in Second Unit Guidelines.
(2)
Permit processing and development impact fees within the control
of the City shall be discounted for residential second units which
qualify for an ADU/second unit compliance permit. The amount of such
fees shall be set forth in a fee resolution adopted by the City Council.
(3)
The ADU/Second Unit Compliance Program shall remain in effect from
the effective date of the ordinance originally adding this subsection
until a termination date established by ordinance or resolution of
the City Council. Any such termination shall not affect a complete
application for an ADU/second unit compliance permit filed with the
City prior to the termination date.
(k)
Junior accessory dwelling units.
(1)
All the requirements under Section 10-2.1709 (Accessory dwelling units) apply equally to junior accessory dwelling units, unless stated otherwise in this subsection. A property owner may build a junior accessory dwelling unit, in addition to an accessory dwelling unit, provided each junior accessory dwelling unit and accessory dwelling unit, if applicable, are in compliance with the requirements of Section 10-2.1709 (Accessory dwelling units) in any zone and for any property for which an accessory dwelling unit is permitted by Table A in Section 10-2.1709 (Accessory dwelling units), subsection (d). Any junior accessory dwelling unit shall be built within the structure, but may include up to a 150 square foot addition to an existing or proposed primary dwelling unit.
(2)
The owner must reside in the single-family residence but may choose
to reside within the remaining portion of the structure or the newly
created junior accessory dwelling unit, except as may be allowed otherwise
by Government Code Section 65852.22, subdivision (a)(2).
(3)
All junior accessory dwelling units shall include, at a minimum,
an efficiency kitchen and living area. It may include separate sanitation
facilities or may share sanitation facilities with the existing structure.
The junior accessory dwelling unit must include a separate entrance
from the main entrance to the proposed or existing single-family residence.
(4)
The maximum floor area for a junior accessory dwelling unit shall
not exceed 500 square feet.
(l)
Multi-family dwelling accessory dwelling units.
(1)
All the requirements under Section 10-2.1709 (Accessory dwelling units) apply equally to multi-family dwelling accessory dwelling units, unless stated otherwise in this subsection. The owner of a multi-family dwelling may build one or more accessory dwelling units in compliance with this section in any zone and for any property for which an accessory dwelling unit is permitted by Table A in Section 10-2.1709 (Accessory dwelling units), subsection (d).
(2)
The number and type of accessory dwelling units for a multi-family
dwelling must comply with the following standards:
(A)
An owner of a multi-family dwelling may build multiple attached accessory
dwelling units, up to 25% of the number of existing multi-family dwelling
units, if solely within the portions of the existing multi-family
dwelling structures that are not used as livable space, including,
but not limited to, storage rooms, boiler rooms, passageways, attics,
basements, or garages, and if each attached accessory dwelling unit
complies with all applicable building codes for dwellings. The maximum
floor area for each attached multi-family accessory dwelling unit
shall not exceed 800 square feet.
(B)
An owner of a multi-family dwelling unit may additionally build a
maximum of two detached accessory dwelling units, if each detached
accessory dwelling unit complies with all applicable building codes
for dwellings, does not exceed 16 feet in height, and has a minimum
of four feet side and rear yard setbacks. The maximum floor area for
each detached multi-family accessory dwelling unit shall not exceed
800 square feet.
(m)
Moveable tiny houses. Notwithstanding any other provision of this Code to the contrary, a moveable tiny house that meets the requirements and definition in this subsection may be built and occupied as a new detached accessory dwelling unit if it complies with the standards of this subsection and the applicable requirements in Table A in subsection (d). The prohibition in note (1)(C) of Table A shall not apply to a moveable tiny house that complies with the requirements of this subsection. The requirement of Note (1)(D) of Table A shall not apply to the extent inconsistent with the standards of this subsection, except that all moveable tiny houses shall comply with the requirements of subsection (m)(4)(K) of this subsection, and the rules of ANSI Standard 119.2 or 119.5.
(1)
Purpose. The purpose of this subsection is to:
(A)
Adopt a limited, pilot project to permit moveable tiny houses as
an additional type of accessory dwelling unit as part of the City
of Ojai's housing inventory in a manner compatible with the character
of the City's existing single-family neighborhoods;
(B)
Ensure that moveable tiny houses are in harmony with developed neighborhoods;
and
(C)
Allow moveable tiny houses as an accessory use to single-family residential
dwelling units, consistent with Government Code, Section 65852.2,
subdivision (g), which allows cities to adopt less restrictive requirements
than the state-mandated minimums for accessory dwelling units. Moveable
tiny houses and permanent movable tiny house foundations must comply
with all standards and regulations applicable to accessory dwelling
units except as specified in this subsection.
(2)
Definition. A "moveable tiny house" is a residential
dwelling unit that is: (i) accessory to a principal residential dwelling
unit located on the same parcel of land, (ii) provides complete independent
living quarters for one household, and (iii) meets all of the following
conditions:
(A)
Is licensed and registered with the California Department of Motor
Vehicles and has been certified as meeting ANSI Standard 119.2 or
119.5 requirements;
(B)
Is certified by a qualified third-party inspector for ANSI compliance
with ANSI Standard 119.2 or 119.5 or NFPA Standard 1192, or provides
sufficient evidence to the satisfaction of the Director that the moveable
tiny house was built to equivalent fire and life safety standards;
(C)
Is itself towable, or located on a frame that is towable, by a bumper
hitch, frame-towing hitch, or fifth-wheel connection and is designed
not to and cannot move under its own power;
(D)
Is no larger than allowed by California State law for movement on
public highways;
(E)
Has at least 150 square feet of first floor interior living space;
(F)
Is a detached residential dwelling unit which includes permanent
facilities and functional areas for living, sleeping, eating, cooking,
and sanitation;
(G)
Is designed and built to look like a conventional building structure,
using conventional building materials, and is thus architecturally
distinct from traditional mobile homes and recreational vehicles;
(H)
Is sited behind the principal residential dwelling unit, between
the applicable rear setback line and the principal residential dwelling
unit; and
(I)
Is placed on a permitted permanent moveable tiny house foundation.
(3)
Application. In addition to submitting the application materials and information required by Section 10-2.1709 (Accessory dwelling units), subsection (c) for an accessory dwelling unit, an applicant for a moveable tiny house shall submit proof that:
(A)
The proposed moveable tiny house is licensed and registered with
the California Department of Motor Vehicles;
(B)
The proposed moveable tiny house has been certified by a qualified
third-party inspector as meeting ANSI 119.2 or 119.5 or NFPA 1192
standard requirements, or was built to meet ANSI 119.2 or 119.5 or
NFPA 1192 standards or equivalent fire and life safety standards requirements
as demonstrated by sufficient evidence satisfactory to the Director;
(C)
The applicant is the property owner, or, if not, that the property
owner has signed the application form, consenting in writing to the
intended location of the proposed moveable tiny house;
(D)
The proposed moveable tiny house meets the standards of this subsection;
and
(E)
The proposed moveable tiny house will be located on a permitted permanent
movable tiny house foundation, which may be either simultaneously
permitted with the proposed moveable tiny house or a previously permitted
permanent moveable tiny house foundation.
(4)
Moveable tiny house standards. Moveable tiny houses
must meet the standards of this subsection and the applicable requirements
in Table A.
(A)
Design. The Director shall review the design of
each proposed moveable tiny house to ensure that the structure is
designed to look like a conventional building structure and is architecturally
distinct from traditional mobile homes and recreational vehicles.
(B)
Development standards. Moveable tiny houses must
conform with the requirements in Table A of subsection (d) of this
section for new detached accessory dwelling units and thus must conform
to the setbacks, lot coverage, height, and other applicable zoning
requirements of the zoning district in which the site of the proposed
moveable tiny house is located, except as modified by this subsection.
(C)
Maximum floor area. The maximum square footage of
habitable floor space for a moveable tiny house shall be 440 square
feet.
(D)
Parking. Moveable tiny houses shall not require
additional parking.
(E)
Pedestrian access. An all-weather surface pedestrian
path from the street frontage to the main entrance of the moveable
tiny house shall be provided.
(F)
Mechanical equipment. All mechanical equipment,
other than solar energy panels or collectors, for a moveable tiny
house shall be incorporated into the structure and shall not be located
on the roof.
(G)
Utility connections and requirements. Moveable tiny
houses shall have adequate, safe, and sanitary utility systems providing
water, sewer, heat, cooling, and electric power, as determined by
the Director and the Building Official. Moveable tiny houses shall
comply with the utility requirements applicable to accessory dwelling
units as stated in note (1)(F) of Table A.
(H)
Addresses. Moveable tiny houses may be given separate
street addresses from the primary unit.
(I)
Permanent moveable tiny house foundation requirements. Once sited on the parcel of the primary unit, moveable tiny houses
shall be mounted onto a permitted, permanent foundation that meets
the requirements of NFPA 225 or equivalent foundation and installation
safety standards as determined by the Director and Building Official,
and shall meet the following additional foundation requirements:
(i)
If the wheels are removed so the moveable tiny house sits directly
on the permanent foundation, the foundation shall follow the state
approved requirements for foundation systems for manufactured housing.
(ii)
If the moveable tiny house does not have its wheels removed,
then all wheels and leveling/support jacks must sit on a permitted,
permanent concrete or asphalt surface sufficient to support its weight,
secured to prevent movement, and the wheels, leveling/support jacks,
and undercarriage must be skirted and not visible.
(J)
Prohibition on excessive movement. No parcel may
be approved for more than one moveable tiny house in a one-year period.
No parcel may contain more than one moveable tiny house at a time.
(K)
Emergency and rescue openings. All moveable tiny
houses shall have emergency escape and rescue openings sufficient
to ensure emergency escape, including a means of escape, if not an
exterior passage door, from each sleeping space that provides an opening
of sufficient size to permit the unobstructed passage, with its major
axis parallel to the plane of the opening and horizontal at all times,
of an ellipsoid generated by rotating about the minor axis an ellipse
having a major axis of 24 inches (610 mm) and a minor axis of 17 inches
(432 mm). An exterior passage door, if used for a means of escape,
shall provide an unobstructed opening with a minimum horizontal dimension
of 18 inches (432 mm) and a minimum vertical dimension of 48 inches
(1,219 mm). Egress roof access windows in lofts used as sleeping rooms
shall be deemed to meet this requirement if installed such that the
bottom of the opening is not more than 44 inches above the loft floor,
provided the egress roof access window has a net clear opening of
not less than 5.7 square feet (0.530 square meters), the net clear
height of the opening is not less than 24 inches, (610 mm), tall,
and the net clear width of the opening is not less than 20 inches,
(508 mm) wide.
(L)
Outside decking requirement. All moveable tiny houses
shall have a minimum of 80 square feet of exterior deck area adjacent
to the moveable tiny house.
(M)
Class "A" roof requirement. All moveable tiny houses
shall have a roof, including skylights and any egress roof access
window, that meets the standards for a Class "A" roof assembly as
tested in accord with ASTM E108 or UL 790 standards or equivalent
fire roof assembly safety standards requirements as demonstrated by
sufficient evidence satisfactory to the Director.
(N)
Defensible space requirement. All moveable tiny
houses shall have a minimum of five feet of defensible space surrounding
the moveable tiny home and the adjacent, exterior deck area, consistent
with the defensible space standards in Public Resources Code Section
4291.
(5)
Dual permit requirement. Applicants for a proposed
moveable tiny house must secure approval by the Director, through
separate zoning clearances, for both the proposed moveable tiny house
and the proposed permanent moveable tiny house foundation. An applicant
may apply simultaneously for both zoning clearances for a proposed
moveable tiny house to be located on a new permanent moveable tiny
house foundation. The zoning clearance for the proposed permanent
moveable tiny house foundation shall be approved by the Director if
the proposed permanent moveable tiny house foundation meets the requirements
of this subsection. The zoning clearance for the proposed moveable
tiny house shall be approved by the Director if the proposed moveable
tiny house meets the requirements of this subsection. A permitted
moveable tiny house may be moved, upon approval of a zoning clearance
for the newly proposed location, to another permitted permanent moveable
tiny house foundation, in compliance with the requirements of this
subsection.
(6)
Limited pilot program. The City's moveable tiny
house ordinance is a limited, two year pilot program and therefore
the City shall issue no more than 10 zoning clearances for permanent
moveable tiny house foundations per calendar year, on a first come,
first available basis, during the two year pilot program period.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by §§ 2, 4,
12, Ord. 826, eff. June 28, 2013, § 2, Ord. 836, eff. February
28, 2014, § 2, Ord. 858, eff. August 29, 2015, §§ 3—6, Ord.
866, eff. November 15, 2016, § 2, Ord. 875, eff. September 17, 2017, § 2, Ord. 892, eff. April 11, 2019, § 2, Ord. 905, eff. February 27, 2020, § 2, Ord. 921, eff. September 9, 2021, § 2, Ord. 923, eff. October 26, 2021, and
§ 63, Ord. 941, eff. November
10, 2023)
Service stations are subject to the approval of design review and conditional use permits in compliance with Articles 20 and 24 of this chapter, and shall be located, developed and operated in the following manner:
(a)
New service stations shall be allowed only at the intersections of
major and secondary arterials, and their intersections with a State
highway. A maximum of two service stations shall be allowed at each
intersection. The use shall not adjoin a residential zoning district
or use.
(b)
The minimum site area for new service stations shall be 15,000 square
feet, with a minimum street frontage of 100 feet.
(c)
All repair and service activities and operations shall be conducted
entirely within an enclosed structure, except as follows:
(1)
The dispensing of petroleum products, water, and air from pump islands;
(2)
The provision of emergency service of a minor nature; and
(3)
The sale of items via vending machines which shall be placed next
to the main structure in a designated area not to exceed 32 square
feet, and which shall be screened from public view.
(d)
Pump islands shall be set back a minimum of 20 feet from a street
property line; however, a canopy or roof structure over a pump island
may encroach up to 10 feet within this distance.
Additionally, the cashier location shall provide direct visual
access to the pump islands and the vehicles parked adjacent to the
islands.
(e)
There shall be no more than two vehicular access points to any one
street.
(f)
There shall be a minimum distance of 30 feet between curb cuts along
a street frontage.
(g)
Driveways shall not be located closer than 50 feet to the end of
a curb corner nor closer than 20 feet to a common property line.
(h)
The width of a driveway may not exceed 30 feet, measured at the back
of the apron.
(i)
On-site parking shall be provided in compliance with Article 14 of
this chapter.
(j)
All temporarily stored (for more than five consecutive days) or damaged
vehicles shall be completely screened so as not to be visible from
adjoining properties or public rights-of-way. Storage of vehicles
shall not exceed a maximum of 30 days. Outside storage of motor vehicles
is prohibited.
(k)
Motor vehicle repair or service work shall be limited to light repair
only (e.g., brake repair, lubrication, mufflers, tires, and tune-ups)
and shall not occur outside of a fully-enclosed structure. Service
bays with individual access from the exterior of the structure shall
not directly face or front on a public right-of-way and shall be designed
to minimize the visual intrusion onto adjoining properties. Outdoor
hoists shall be prohibited.
(l)
Motor vehicles shall not be parked on sidewalks, parkways, driveways
or alleys.
(m)
Motor vehicles shall not be parked on the premises for the purpose
of offering them for sale.
(n)
All light sources, including canopy, perimeter, and flood shall be
energy efficient, stationary, and shielded or recessed within the
roof canopy to ensure that all light is directed away from adjacent
properties and public rights-of-way. Lighting shall not be of a high
intensity so as to cause a traffic hazard or adversely affect adjoining
properties. No luminaire shall be higher than 15 feet above finish
grade.
(o)
Landscaping shall comprise a minimum of 15% of the service station
site area, exclusive of required setbacks, and shall be provided and
permanently maintained in compliance with the following provisions,
as well as those identified in Article 12 of this chapter:
(1)
A minimum five foot wide (inside dimension) and six inch high curbed
planter area shall be provided along interior property lines, except
for openings to facilitate vehicular circulation to adjacent properties.
Where adjacent to a periphery wall, trees planted not more than 16
feet apart shall be included in the planter areas.
(2)
An on-site planter area of not less than 200 square feet shall be
provided at the corner of two intersecting streets. Landscaping shall
not exceed a height of 36 inches at this location.
(3)
A minimum of 50 square feet of planter area shall be located along
each portion of the main structure fronting on a public right-of-way.
(4)
Additional landscaping may be required by the Director to further
screen the service station from adjacent properties.
(p)
All on-site signs shall comply with the provisions of Article 16
of this chapter.
(q)
Used or discarded automotive parts or equipment, or disabled, junked,
or wrecked vehicles shall not be located in any open area outside
of the main structure.
(r)
Restroom entrances otherwise visible from adjacent properties or
public rights-of-way shall be concealed from view by planters or decorative
screening.
(s)
Noise from bells, loudspeakers or tools shall comply with the City's
noise ordinance and shall not be audible from residentially zoned
or occupied parcels between the hours of 7:00 p.m. and 7:00 a.m. on
weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m.
on Sundays.
(t)
All parking, loading, circulation aisles, and pump island areas shall
be constructed with concrete or a suitable alternative subject to
the approval of the Director.
(u)
Service stations may receive used motor oil for subsequent recycling
and removal, subject to the approval by the Ventura County Fire Protection
District.
(v)
Service stations may provide facilities for dispensing alternative
fuels (e.g., compressed natural gas [CNG]), which shall be located,
installed, and operated in compliance with all applicable City, County,
State, and Federal requirements.
(w)
Where an existing service station adjoins property in a residential
zoning district or use, an eight foot high decorative masonry wall
shall be constructed along the common property line at the time the
station requires an entitlement for on-site improvement or modification.
Materials, textures, colors, and design of the wall shall be compatible
with on-site development and adjoining properties and shall be subject
to the approval of the Director. When the wall reaches the established
front setback line of a residentially zoned parcel adjoining or directly
across an alley from the service station, it shall decrease to a maximum
height of 36 inches.
(§ 3, Ord. 771, eff. February 13, 2004)
A structure originally constructed as a service station and
which is proposed for conversion to another allowable use shall require
approval of design review and conditional use permits and upgrading
and remodeling which may include the removal of all gasoline appurtenances
(e.g., underground tanks), canopies, pump islands and overhead doors,
additional landscaping provisions as required by Article 12 of this
chapter, additional street improvements or modification of existing
improvements to conform to access provisions, and exterior remodeling.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
Purpose. The purpose of this section is to regulate
the location and design of formula business establishments in order
to maintain the tourist attracting small town character of the City,
the diversity of the community's unique commercial areas and quality
of life for visitors and residents.
(b)
Regulation.
(1)
A formula business as defined in subsection (d) may only be established
on a site after obtaining a conditional use permit from the City for
the operation of that use on such site, subject to the limitations
of this section. Change of ownership of a formula business, by itself
and without any other changes to the formula business, shall not require
obtaining a conditional use permit pursuant to this section.
(2)
No permit application of any kind shall be accepted or processed
for a formula business as defined in subsection (d) that also possesses
at least two of the following characteristics:
(3)
In addition to the findings required by Section 10-2.2406 (Findings and decision) as prerequisite to the issuance of a conditional use permit, the Commission shall make all of the following findings prior to the issuance of a conditional use permit for a formula business:
(A)
The proposed formula business will not result in an over-concentration
of formula business establishments in its immediate vicinity or in
the City as a whole;
(B)
The proposed formula business will contribute to an appropriate balance
of business in the City; and
(C)
The proposed formula business has been designed to preserve and enhance
the City's small town community character, as identified within the
Land Use Element of the City of Ojai's General Plan, and to integrate
existing community architectural and design features which will preserve
such character for the City's residents and visitors.
(4)
The Commission may promulgate regulations to further define the scope
and meaning of the foregoing findings to ensure consistent implementation
of this subsection.
(5)
No conditional use permit shall be issued for a use that is a formula
business located within the area of the Downtown Commercial land use
designation of the City's General Plan if either of the following
are true: (i) such establishment has street-level frontage exceeding
25 linear feet on any street, or (ii) the useable area of the building
or structure wherein the formula business is to be located exceeds
2,000 square feet. For purposes of this subsection, "street level
frontage" shall include frontage on private parking lots and access
ways where the commercial building does not abut a public street.
(c)
Applicability. Section 10-2.1713 (Formula business establishments) is in addition to, and not in replacement of, any other regulations set forth elsewhere in Title 10 (Planning and Zoning). In the event of a conflict between the provisions of Section 10-2.1713 (Formula business establishments), and any other regulations in Title 10 (Planning and Zoning), the provisions of Section 10-2.1713 (Formula business establishments) shall prevail.
(d)
"Color scheme"
"Decor"
"Façade"
"Servicemark"
"Standardized array of merchandise"
"Standardized," "common," and "uniform"
"Standardized menu"
"Standardized signage"
"Trademark"
"Uniform apparel"
Definitions. "Formula business" means a type of
commercial business establishment, retail sales or rental activity,
and retail sales or rental establishment, including restaurants, hotels
and motels, and retail sales of goods, which, has more than five establishments
(including the proposed business location within the City, and maintains
two or more of the following features as standardized, common, or
uniform features among those five establishments: (i) standardized
array of merchandise or standardized menu; (ii) standardized facade;
(iii) standardized décor or color scheme; (iv) uniform apparel;
(v) standardized signage; (vi) trademark or service mark; provided,
however, a "formula business" shall not include an automated, standalone
vending machine.
means selection of colors used throughout, such as on the
furnishings, permanent fixtures, and wallcoverings, or as used on
the façade.
means the style of interior and exterior finishings and materials,
which may include, but is not limited to, style of furniture, wallcoverings,
or permanent fixtures.
means the face or front of a building, including awnings,
looking onto a street or an open space.
means a word, phrase, symbol or design, or works or a combination
of words, phrases, symbols or designs that identifies and distinguishes
the source of a service from one party from those of others.
means 50% or more of in-stock merchandise from a single distributor
bearing uniform markings.
as used in Section 10-2.1713 (Formula business establishments) do not mean identical, but means "substantially the same."
means any list of an individual food or drink item, or combination
of food or drink items, displayed on a menu board or printed or electronic
menu or identified by a food item tag sold by a business establishment
which is common or uniform among the establishments.
means a "business sign" as defined in Section 10-2.1607 (Standards for specific types of signs), subsection (c) which is common or uniform among the five or more establishments.
means a word, phrase, symbol, or design, or words or a combination
of words, phrases, symbols or designs that identifies and distinguishes
the source of the goods from one party from those of others.
means standardized items of clothing, including, but not
limited to, standardized aprons, pants, shirts, smocks or dresses,
hat, and pins (other than name tags) as well as standardized colors
of clothing.
(e)
Existing formula retail establishments. Formula business establishments existing on the date of adoption or amendment of the ordinance codified in this section are subject to Title 10, Chapter 2, Article 13 (Nonconforming Uses, Structures, and Parcels). Any lawfully established, permitted, and existing business locations as of the date of adoption of Ordinance No. 938 amending this section shall be exempt from the provisions of this section as may otherwise be applied to any future modifications or permit requirements solely for those existing locations.
(f)
Exemptions. A formula business shall not include any of the following three business establishments types, as defined within Section 10-2.3602 (Definitions of specialized terms and phrases): (1) banks and financial services and financial institutions; (2) gas station; (3) business, administrative, and professional.
(g)
Burden of proof. In the event the City determines
that a permit application or permit subject to this section is for
a formula business, the permit applicant or holder bears the burden
of proving to the City that the proposed or existing use does not
constitute a formula business.
(§ 2, Ord. 798, eff. December 27, 2007, as amended by § 2, Ord. 808, eff. October 22, 2009, § 2, Ord. 819, eff. April 27, 2012, § 2, Ord. 938, eff. June 23, 2023, § 64, Ord. 941, eff. November 10, 2023, and
§ 5, Ord. 950, eff. March 28,
2024)
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, as amended by § 3, Ord. 798, eff. December 27, 2007)
Short-term, transient, or vacation rental of property or a portion
thereof located in the City of Ojai for less than one calendar month
in exchange for any form of compensation is prohibited except for
lawfully approved hotels, motels, bed and breakfasts, and timeshare
facilities operated in full compliance with all applicable Federal,
State, and local rules and regulations including any and all required
permits from the City. Short-term rentals or occupancies that occur
at lawfully approved hotels, motels, and bed and breakfasts operated
in full compliance with all applicable Federal, State, and local rules
and regulations including any and all required permits from the City
are lawful.
(§ 6, Ord. 943, eff. November 10, 2023, as amended by § 6, Ord. 950, eff. March 28, 2024)
