This article provides definitions of terms and phrases used
in these Zoning Regulations that are technical or specialized, or
that may not reflect common usage. If any of the definitions in this
article conflict with definitions in other provisions of the Municipal
Code, these definitions shall control for the purposes of these Zoning
Regulations. If a word is not defined in this article or in other
provisions of the Municipal Code, the Director shall determine the
correct definition.
(§ 3, Ord. 771, eff. February 13, 2004)
As used in these Zoning Regulations, the following terms and
phrases shall have the meaning ascribed to them in this section, unless
the context in which they are used clearly requires otherwise.
(a) Definitions, "A."
(1) Accessory dwelling unit (ADU). See Section
10-2.3602 (Definitions of specialized terms and phrases), subsection (s), Second residential unit.
(2) Accessory retail uses. The retail sales of various
products (including food service) in a store or similar facility that
is located within a healthcare, hotel, office, or industrial complex.
These uses include pharmacies, gift shops, and food service establishments
within hospitals; convenience stores; and food service establishments
within hotel, office and industrial complexes.
(3) Accessory structure. A structure that is physically
detached from, secondary and incidental to, and commonly associated
with the primary structure. For the purposes of these Zoning Regulations,
accessory structures and uses include detached garages, greenhouses,
artist's studios, and workshops, and any other open air enclosures,
including gazebos and detached patio covers.
(4) Accessory use. A use customarily incidental to,
related and clearly subordinate to a principal use established on
the same parcel, which does not alter the principal use nor serve
property other than the parcel where the principal use is located.
(5) Adult business. Any commercial activity where the
primary emphasis is depicting or related to sexual activity or specified
anatomical areas of the human body associated with sexual activity.
(6) Affordable rent. Monthly housing expenses, including
a reasonable allowance for utilities, for rental units reserved for
moderate or lower income households, not exceeding the following calculations:
(A) Extremely low income. Thirty percent of area median
income as defined by State law ( Section 50105) and the HUD income
limits.
(B) Very low income. Fifty percent of area median income
as defined by State law (Section 50105) and the HUD income limits.
(C) Low income. Eighty percent of area median income
as defined by State law (
Health and Safety Code Section 50079.5) and
the HUD income limits.
(D) Moderate income. One hundred twenty percent of median
income as defined by State law (
Health and Safety Code Section 50105)
and the HUD income limits.
(E) Other qualifying residents. Fifty percent of the
total number of proposed dwelling units are for qualifying residents
as determined by Section 51.2 of the
Civil Code.
(7) Affordable sales price. A sales price at which lower and moderate income households can qualify for the purchase of designated dwelling units, calculated on the basis of underwriting standards of mortgage financing available for the development. See Section
10-2.902 (Definitions), Table 4-2 for calculation rates and the classifications of lower and moderate income households regarding Affordable sales prices
(8) Alteration. Any construction or physical change
in the internal arrangement of rooms or the supporting members of
a structure or a change in the external appearance of any structure,
not including painting.
(9) Alternative tower structure. Bell steeples, clock
towers, light poles, man-made trees and similar alternative-design
mounting structures that camouflage or conceal the presence of antennas
or towers.
(10) Ambulance service. A business providing emergency
medical care or transportation, including the incidental storage and
maintenance of vehicles.
(11) Animal raising and keeping. The noncommercial keeping
or raising of farm animals, including cattle, goats, horses, sheep,
swine (including pot bellied pigs), fowl, poultry and other animals
determined by the Director to not be common household pets. Does not
include: birds, cats, dogs and other household pets or exotic animals.
(12) Antenna. One or more rods, panels, discs or similar
devices used for the transmission or reception of radio or other electromagnetic
signals. Any exterior apparatus designed for radio, telephonic, or
television communications through the sending and/or receiving of
electromagnetic waves, including antennas relating to personal wireless
services.
(A)
Omni-directional antenna ("whip" antenna) transmits
and receives radio frequency signals in a 360 degree radial pattern.
(B)
Directional antenna ("panel" antenna) transmits
and receives radio frequency signals in a specific directional pattern
of less than 360 degrees.
(C)
Parabolic antenna ("dish" antenna) is a bowl-shaped
device for the reception and transmission of radio frequency signals
in a specific directional pattern.
(13) Anti-drain valve or check valve. A valve located
under a sprinkler head to hold water in the system so it minimizes
drainage from the lower elevation sprinkler heads.
(14) Apartment. A building consisting of three or more dwelling units, which have a common entrance from road level and the occupants of which obtain access to their dwelling units through common halls. Also can be considered as either a multiple- or single-family dwelling. See Section
10-2.3602(m) for "Multi-family dwellings" and Section
10-2.3602(s) for "Single-family dwelling."
(15) Application rate. The depth of water applied to
a given area, usually measured in inches for each hour.
(16) Approval. Includes both approval and approval with
conditions.
(17) Art, antique, collectible and gift sales. Retail
sales uses including antique shops, art galleries and curio, gift,
and souvenir shops, and the sales of collectible items including sports
cards and comic books.
(18) Assessed value. The value of a parcel, or of a structure,
or of a parcel and the improvements thereon, as shown in the records
of the County Assessor.
(19) Auto parts sales. Stores that sell new automobile
parts, tires, and accessories. May also include minor parts installation
(see "Vehicle services"). Does not include tire recapping establishments,
which are found under "vehicle services" or businesses dealing exclusively
in used parts, which are included under "Recycling—Scrap and
dismantling yards."
(20) Auto repair and maintenance. The repair, alteration,
restoration, towing, painting, cleaning (including self-service and
attended car washes), or finishing of automobiles, trucks, recreational
vehicles, boats and other vehicles as a primary use, including the
incidental wholesale and retail sale of vehicle parts as an accessory
use. This use includes the following categories:
(A)
Major repair/body work. Repair facilities dealing
with entire vehicles. These establishments provide towing, collision
repair, other body work, and painting services; and also include tire
recapping establishments.
(B)
Minor maintenance/repair. Minor facilities
specializing in limited aspects of repair and maintenance (e.g., muffler
and radiator shops, quick-lube). Does not include automobile parking,
repair shops that are part of a vehicle dealership on the same site
(see "Auto sales and rental" and "Recreational vehicle sales and rental");
automobile service stations, which are separately defined; or automobile
dismantling yards.
(21) Auto sales and rental. Retail establishments selling,
leasing and/or renting automobiles, trucks and vans. May also include
repair shops and the sales of parts and accessories, incidental to
vehicle dealerships. Does not include: the sale of auto parts/accessories
separate from a vehicle dealership (see "Auto parts sales"); bicycle
and moped sales (see "General retail"); mobile home sales (see "Mobile
home and RV sales"); tire recapping establishments (see "Auto repair
and maintenance"); businesses dealing exclusively in used parts; or
"Gas stations," which are separately defined.
(22) Automated teller machine (ATM). Computerized, self-service
machines used by banking customers for financial transactions, including
deposits, withdrawals and fund transfers, without contact with financial
institution personnel. The machines may be located at or within banks,
or in other locations, in compliance with these Zoning Regulations.
(23) Available developable area. The maximum developable
area less existing development on the subject parcel measured in square
feet.
(b) Definitions, "B."
(1) Banks and financial services. Financial institutions
including:
(A) Banks and trust companies;
(C) Holding (but not primarily operating) companies;
(D) Lending and thrift institutions;
(E) Other investment companies;
(F) Securities/commodity contract brokers and dealers;
(G) Security and commodity exchanges;
(H) Vehicle finance (equity) leasing companies.
See also "Automated teller machine" above.
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(2) Bed and breakfast inns (B&Bs). Residential structures
with one family in permanent residence with up to five bedrooms rented
for overnight lodging, where meals may be provided. A bed and breakfast
inn with more than five guest rooms is considered a hotel or motel,
and is included under the definition of "Hotels and motels." Does
not include room rental.
(3) Bonus unit. A dwelling unit ("designated dwelling
unit") within a housing development which would be reserved for sale
or rent to, and affordable to, extremely low, very low, low or moderate
income households, or qualifying senior residents.
(4) Broadcast studios. Commercial and public communications
uses including radio and television broadcasting stations and studios,
with facilities entirely within buildings. Does not include transmission
and receiving apparatus (e.g., antennas and towers), which are under
the definition of "Telecommunications facilities."
(5) Building material stores. Retail establishments
selling lumber and other large building materials, where most display
and sales occur indoors. Includes paint, wallpaper, glass, fixtures.
Includes all these stores selling to the general public, even if contractor
sales account for a major proportion of total sales. Includes incidental
retail ready-mix concrete operations, except where excluded by a specific
zoning district. Establishments primarily selling electrical, plumbing,
heating, and air conditioning equipment and supplies are classified
in "Warehouses, wholesaling and distribution."
(6) Bulk reverse vending machine. A bulk reverse vending
machine is a reverse vending machine that is larger than 50 square
feet, is designed to accept more than one container at a time and
will pay by weight instead of by container.
(7) Business support services. Establishments primarily
within buildings, providing other businesses with services including
maintenance, repair and service, testing, rental, also includes:
(B) Business equipment repair services (except vehicle repair, see "Vehicle
services");
(C) Commercial art and design (production);
(D) Computer-related services (rental, repair);
(E) Copying, quick printing and blueprinting services;
(F) Equipment rental business within buildings (rental yards are "Storage
yards and sales lot");
(G) Film processing laboratories;
(H) Heavy equipment repair services where repair occurs on the client
site;
(J) Mail advertising services (reproduction and shipping);
(M) Outdoor advertising services;
(P) Protective services (other than office related);
(Q) Soils and materials testing laboratories.
(c) Definitions, "C."
(1) California Environmental Quality Act (CEQA). State
law (California
Public Resources Code Section 21000, et seq. and California
Code of Regulations (
CCR) Title 14, Section 15000 et seq.) requiring
public agencies to document and consider the environmental effects
of a proposed action, prior to allowing the action to occur.
(2) Car washes. Permanent, self-service and/or attended
car washing establishments, including fully mechanized facilities.
May include detailing services. Temporary car washes are fundraising
activities where volunteers wash vehicles by hand, and the duration
of the event is limited to one day.
(3) Caretaker or employee quarters. A residence that
is accessory to a nonresidential primary use of the site, where needed
for security, or 24 hour care or supervision.
(4) Clubs, lodges, and private meeting halls. Permanent,
headquarters-type and meeting facilities for organizations operating
on a membership basis for the promotion of the interests of the members,
including facilities for business associations, civic, social and
fraternal organizations, labor unions and similar organizations, political
organizations, professional membership organizations and other membership
organizations.
(5) Collection facility. A center for the acceptance
by donation, redemption or purchase of recyclable materials from the
general public, which may include the following:
(B) Small collection facilities which occupy an area of less than 350
square feet and may include:
(ii)
Bulk reverse vending machines or a grouping of reverse vending
machines occupying more than 50 square feet, and
(iii)
Kiosk-type units which may include permanent structures;
(C) Large collection facilities which may occupy an area of more than
350 square feet and may include permanent structures.
(6) Commission. See "Planning Commission."
(7) Common interest development. Any residential condominium,
community apartment house, or stock cooperative.
(8) Community centers. Multi-purpose meeting and recreational
facilities typically consisting of one or more meeting or multi-purpose
rooms, kitchen and/or outdoor barbecue facilities, that are available
for use by various groups for communal activities (e.g., meetings,
parties, receptions, and dances).
(9) Community Development Department/Director. The Community
Development Director of the City or his/her representative.
(10) Condominium. As defined by California
Civil Code
Section 4125(b), a development where undivided interest in common
in a portion of real property is coupled with a separate interest
in space called a unit, the boundaries of which are described on a
recorded final map or parcel map.
(11) Construction equipment sales. Retail establishments
selling or renting heavy construction equipment, including cranes,
earth moving equipment and heavy trucks.
(12) Contractor storage yards. Storage yards operated
by or on behalf of a contractor for storage of large equipment, vehicles,
or other materials commonly used in the individual contractor's type
of business; storage of scrap materials used for repair and maintenance
of contractor's own equipment; and buildings or structures for uses
like offices and repair facilities.
(13) Convenience and liquor stores. Retail stores which
sell alcoholic beverages for off-site consumption and/or carry a range
of merchandise oriented to convenience and travelers' shopping needs.
(14) Convenience zone. An area within a one-half mile
radius of a supermarket.
(15) County. The County of Ventura, State of California.
(16) Creek. A natural channel that conveys water to a
river and, for the purposes of these Zoning Regulations, is shown
as a blue line on the latest seven and one-half (7.5) minute topographic
quadrangle map published by the United States Geological Survey (USGS).
(17) Crop production and horticulture. Commercial agricultural
field and orchard uses including production of:
(I)
Vegetables.
Crop production and horticulture also includes associated crop
preparation services and harvesting activities (e.g., mechanical soil
preparation, irrigation system construction, spraying, crop processing
and retail sales in the field, including sales sheds.)
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(d) Definitions, "D."
(1) Day care facilities. Facilities that provide nonmedical
care and supervision of adults and/or minor children for periods of
less than 24 hours. These facilities include the following, all of
which are required to be licensed by the California State Department
of Social Services under California
Health and Safety Code Sections
1200-1796.70:
(A) Adult day health center. Commercial or non-profit
day care facilities designed and approved to provide adult day health
care, as defined in California
Health and Safety Code Section 1570.7.
These may be operated in conjunction with a school or church facility,
or as an independent land use;
(B) Child day care center. Commercial or non-profit
child day care facilities designed and approved to accommodate 15
or more children. Includes infant centers, preschools, sick-child
centers, and school-age day care facilities. These may be operated
in conjunction with a school or church facility, or as an independent
land use;
(C) Large family day care home. A day care facility
located in a single-family residence where an occupant of the residence
provides care and supervision for seven to 14 children. Children under
the age of 10 years who reside in the home count as children served
by the day care facility;
(D) Small family day care home. A day care facility
located in a single-family residence where an occupant of the residence
provides care and supervision for eight or fewer children. Children
under the age of 10 years who reside in the home count as children
served by the day care facility.
(2) Density bonus. As defined by State law (Government
Code Section 65915, et seq.), is an increased density over the maximum
authorized density which is granted to an owner/developer of a housing
project agreeing to construct a prescribed percentage of extremely
low, very low, low or moderate income dwelling units. When determining
the number of dwelling units that are to be affordable, the number
of dwelling units authorized by the density bonus shall not be included.
(3) Density bonus housing agreement. A legally binding
agreement between an owner/developer and the City to ensure that the
requirements of these Zoning Regulations are satisfied. The agreement
shall establish the number of bonus units, their size, location, terms,
and conditions of affordability, and production schedule. The agreement
shall also require proper management and maintenance of the units.
(4) Density bonus units. Residential units which exceed
the otherwise maximum residential density for the development site.
(5) Department. The Ojai Community Development Department,
when referred to in Title 10 (Planning and Zoning).
(6) Detached. Any structure that does not have a wall
or roof in common with another structure.
(7) Development. Any construction activity or alteration
of the landscape, its terrain contour or vegetation, including the
erection or alteration of structures. New development is any construction,
or alteration of an existing structure or land use, or establishment
of a land use, after the effective date of these Zoning Regulations.
(8) Development agreement. A contract between the City and an applicant for a development project, in compliance with Title
10, Chapter
2, Article
28 (Development Agreements) and
Government Code Section 65864, et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations and conditions of approval applicable to the project at the time of approval regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.
(9) Directional lighting methods. Direction of light
downward, rather than upward or outward, with the intention of directing
light where it is needed. Downward lighting also prevents unnecessary
and unwanted light trespass to adjacent areas and properties.
(10) Director. The City of Ojai Community Development
Director, or designee of the Director.
(11) Drive-in and drive-thru sales. Facilities where
food or other products may be purchased by motorists without leaving
their vehicles. These facilities include fast-food restaurants, drive-through
coffee, dairy product and photo stores.
(12) Drive-in and drive-thru services. Facilities where
services may be obtained by motorists without leaving their vehicles.
These facilities include drive-up bank teller windows, dry cleaners.
Does not include automobile service stations, or car washes, which
are separately defined.
(13) Duplex. A structure that solely consists of two
separate family units (triplexes and quadplexes consist of three and
four separate family units and so forth). See "Multi-family dwellings."
(14) Dwelling, dwelling unit, or housing unit. A room
or group of internally connected rooms that have sleeping, cooking,
eating, and sanitation facilities, but not more than one kitchen,
which constitute an independent housekeeping unit, occupied by or
intended for one household on a long-term basis.
(e) Definitions, "E."
(1) Electronics, equipment, and appliance manufacturing. Establishments engaged in manufacturing machinery, apparatus, and
supplies for the generation, storage, transmission, transformation
and use of electrical energy, including:
(A) Appliances (e.g., stoves/ovens, refrigerators, freezers, laundry
equipment, fans, vacuum cleaners and sewing machines);
(C) Electrical transmission and distribution equipment;
(D) Electronic components and accessories, semiconductors, integrated
circuits, and related devices;
(E) Electronic instruments, components and equipment (e.g., calculators
and computers);
(F) Electrical welding apparatus;
(G) Lighting and wiring equipment (e.g., lamps and fixtures, wiring devices,
vehicle lighting);
(J) Instruments for measurement, testing, analysis and control, associated
sensors and accessories;
(K) Miscellaneous electrical machinery, equipment and supplies (e.g.,
batteries, x-ray appa-ratus and tubes, electromedical and electrotherapeutic
apparatus, electrical equipment for internal combustion engines);
(M) Optical instruments and lenses;
(O) Photographic equipment and supplies;
(P) Pre-recorded or blank magnetic tapes;
(Q) Radio and television receiving equipment (e.g., television and radio
sets);
(R) Surgical, medical and dental instruments, equipment, and supplies;
(S) Surveying and drafting instruments;
(T) Telephone and telegraph apparatus;
(U) Transformers, switch gear and switchboards;
(V) Watches and clocks.
Does not include testing laboratories (soils, materials testing)
(see "Business support services"), or research and development facilities
separate from manufacturing (see "Research and development").
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(2) Emergency shelters. Facilities for the temporary
shelter and feeding of indigents or disaster victims, operated by
a public or non-profit agency.
(3) Enlargement of use. The expansion of a land use
activity on a site or within a structure so that the use/activity
occupies more floor or site area.
(4) Environmental impact report (EIR). An informational
document used to assess the physical characteristics of an area and
to determine what effects will result if the area is altered by a
proposed action, prepared in compliance with CEQA.
(5) Equestrian facilities. Commercial horse, donkey,
and mule facilities, including horse ranches, boarding stables, riding
schools and academies, horse exhibition facilities (for shows or other
competitive events), pack stations, and barns, stables, corrals and
paddocks accessory and incidental to these uses.
(6) Equipment sales and rental. Service establishments
with or without outdoor storage yards, which may offer a wide variety
of materials and equipment for rental.
(7) Establishment period. The first year after installing
the plant in the landscape.
(f) Definitions, "F."
(1) FAA. The Federal Aviation Administration.
(2) FCC. The Federal Communications Commission.
(3) Feasible. Capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic,
environmental, social and technological factors.
(4) Fence. An artificially constructed barrier consisting
of wood, wrought iron, wire, metal, or other manufactured material
or combination of materials erected in a linear fashion to enclose,
screen. or separate areas within a property or adjoining properties.
Similar structures primarily of concrete or masonry are included under
the definition of "Wall."
(5) Fence, barbed-wire. One or more strands of wire
or other material having intermittent sharp points of wire or metal.
(6) Fence, chain-link. An open mesh fence made entirely
of wire woven in squares of approximately one and one-half (1.5) inches
with vertical supports not less than one and one-half (1.5) inches
in diameter.
(7) Fence, razor-wire. A metal wire or ribbon with sharp
edges or studded with small sharp blades, used as a barrier.
(8) Floor area ratio (FAR). The floor area ratio (FAR)
is the ratio of floor area to total lot area. FAR restrictions are
used to limit the maximum floor area allowed on a site (including
all structures on the site). The maximum floor area of all structures
(measured from exterior wall to exterior wall) allowed on a site (including
carports) shall be determined by multiplying the floor area ratio
(FAR) by the total lot area of the site (FAR x total lot area = maximum
allowable floor area). See Figure 5-1.
Figure 5-1
FLOOR AREA RATIO
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(9) Food and beverage manufacturing. Manufacturing establishments
producing or processing foods and beverages, and certain related products.
Includes:
(D) Candy, sugar and confectionery products;
(E) Other food or beverage manufacturing;
(F) Catering services separate from stores or restaurants;
(H) Dairy products manufacturing;
(I) Fats and oil product manufacturing;
(J) Fruit and vegetable canning, preserving, related processing;
(K) Grain mill products and by-products;
(L) Meat, poultry, and seafood canning, curing, by-product processing;
(N) Miscellaneous food item preparation from raw products.
Does not include: bakeries which sell all products on-site,
which are included in the definition of "General retail"; or beer
brewing as part of a brew pub, bar or restaurant (see "Alcoholic beverage
sales—on-site").
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(10) Forests. Oak, sycamore and riparian woodland as defined and described pursuant to the City's environmental assessment procedure as defined by Section
10-2.1808 (Environmental assessment).
(11) Fully shielded. A light fixture constructed and
installed in such a manner that all light emitted by the fixture,
either directly from the lamp or a diffusing element, or indirectly
by reflection or refraction from any part of the fixture, is projected
below the horizontal plane through the fixture's lowest light-emitting
part.
(12) Furniture and fixtures manufacturing, cabinet shops. Manufacturers producing wood and metal household furniture and appliances;
bedsprings and mattresses; all types of office furniture and partitions,
shelving, lockers and store furniture; and miscellaneous drapery hardware,
window blinds and shades. Includes wood and cabinet shops, but not
sawmills or planing mills. Does not include the manufacture of household
appliances ("Electronics, equipment, and appliance manufacturing").
(13) Furniture, furnishings and equipment stores. Stores
engaged primarily in selling the following products and related services,
including incidental repair services:
(H)
Interior decorating materials and services;
(I)
Large musical instruments;
(K)
Movable spas and hot tubs;
(M)
Other household electrical and gas appliances;
(g) Definitions, "G."
(1) Garage, or carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Title
10, Chapter
2, Article 14 (Parking and Loading Standards).
(A) A garage is an attached or detached accessory structure with a door,
enclosed on at least three sides.
(B) A carport is an attached or detached accessory structure enclosed
on no more than two sides.
A garage or carport complies with the requirements of these
Zoning Regulations for "covered" parking spaces.
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(2) General Plan. The City of Ojai General Plan, including
all its elements and all amendments to the General Plan, as adopted
by the City Council under the provisions of
Government Code Sections
65300, et seq., and referred to in these Zoning Regulations as the
"General Plan."
(3) Gas station. A retail business selling gasoline
or other motor vehicle fuels or fluids, which may also provide services
which are incidental to fuel services. These secondary services may
include vehicle engine maintenance and repair, towing and trailer
rental services. Does not include the storage or repair of wrecked
or abandoned vehicles, vehicle painting, body or fender work or the
rental of vehicle storage or parking spaces.
(4) General retail. Stores and shops selling many lines
of merchandise. These stores and lines of merchandise include:
(C) Bakeries (all production in support of on-site sales);
(F) Cameras and photographic supplies;
(G) Clothing and accessories;
(H) Collectibles (cards, coins, comics, stamps);
(J) Drug and discount stores;
(L) Fabrics and sewing supplies;
(M) Florists and houseplant stores (indoor sales only—outdoor sales
are "Plant nurseries");
(N) Furniture, home furnishings and equipment;
(T) Luggage and leather goods;
(U) Musical instruments, parts and accessories;
(X) Pet supplies sales with no animals but fish;
(BB)
Sporting goods and equipment;
(5) Glare. Light entering the eye directly from a light
fixture or indirectly from reflective surfaces that causes visual
discomfort or reduced visibility.
(6) Glass product manufacturing. Manufacturing establishments
producing flat glass and other glass products which are pressed, blown,
or shaped from glass produced in the same establishment. Does not
include artisan and craftsman type operations of a larger scale than
home occupations; see Section 10-2-3602 (Definitions of specialized
terms and phrases), subsection (h) (Handcraft industries, and small
scale manufacturing.)
(7) Golf courses/country clubs. Golf courses and accessory
facilities and uses including: clubhouses with bar and restaurant,
locker and shower facilities; driving ranges; "pro shops" for on-site
sales of golfing equipment; and golf cart storage and sales facilities.
(8) Grocery store. A retail business where the majority
of the floor area open to the public is occupied by food products
packaged for preparation and consumption away from the site of the
store.
(9) Gross developable area. The gross site area as reduced
by the applicable open space ratio.
(10) Gross site area. The gross area of the subject parcel
measured in square feet.
(11) Group homes. This land use consists of a dwelling
unit licensed or supervised by any Federal, State, or local health/welfare
agency which provides 24 hour nonmedical care of unrelated persons
who are in need of personal services, supervision, or assistance essential
for sustaining the activities of daily living or for the protection
of the individual in a family-like environment. Includes: children's
homes; orphanages; rehabilitation centers; self-help group homes.
Convalescent homes, nursing homes and similar facilities providing
medical care are included under the definition of "Medical services—Extended
care."
(12) Guest house. Living quarters having no kitchen facilities
located within an accessory structure located on the same parcel with
a primary dwelling unit, occupied for the sole use of the members
of the resident family, temporary guests or persons permanently employed
on the premises.
(h) Definitions, "H."
(1) Handcraft industries, small-scale manufacturing. Establishments manufacturing and/or assembling small products primarily
by hand, including jewelry, pottery and other ceramics, as well as
small glass and metal art and craft products.
(2) Health/fitness facilities. Fitness centers, gymnasiums,
health and athletic clubs, including any of the following indoor sauna,
spa or hot tub facilities; indoor tennis, handball, racquetball, archery
and shooting ranges and other indoor sports activities.
(3) Hedge. A living plant or number of plants with a
compact growth habit and branches coming from the base of the plant
cultivated and maintained in a linear fashion to form a ground-up
solid barrier similar to a fence, wall or screen. A hedge must be
living and freestanding to qualify within this definition.
(4) Height. When referring to a tower, the distance measured from ground level to the highest point on a tower or other structure, even if the highest point is an antenna. See Section
10-2.803 (Height measurements and exceptions) for height measurement requirements for other structures.
(5) Home occupations. The conduct of a business within
a dwelling unit or residential site, employing occupants of the dwelling,
with the business activity being subordinate to the residential use
of the property.
(6) Home split. The division of an existing single-family home into two dwelling units, each containing a minimum of 650 square feet of living space and meet the following criteria: (A) the existing single-family home contains a minimum of 2,000 square feet of living space, is located on a legal lot comprising at least one-half acre of land and has a current Zoning District designation of R-0-1/2, R-0-1, R-0-2 or R-0-4; (B)entails no expansion in floor area of the existing single-family home other than to accommodate a separate kitchen and/or bathroom for the second unit not exceeding 10% of the existing floor area; (C) 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 (D) adheres with all applicable Building Code requirements and development standards of the underlying Zoning District.
(7) Hotel or motel. Facilities with guest rooms or suites,
provided with or without kitchen facilities, rented to the general
public for transient and/or short-term lodging/rental. (See "Short
term rental"). Hotels provide access to most guest rooms from an interior
walkway, and typically include a variety of services in addition to
lodging; for example, restaurants, meeting facilities, and personal
services. Motels provide access to most guest rooms from an exterior
walkway. Also includes accessory guest facilities (e.g., swimming
pools, tennis courts, indoor athletic facilities, accessory retail
uses).
(8) Household pets. Birds, cats, dogs, or other common
household pets, as determined by the Director, accessory to a residential
use.
(9) Housing cost. The sum of actual or projected monthly
payments for all of the following costs: principal and interest on
a mortgage loan, including any loan insurance fees; property taxes
and assessments; fire and casualty insurance; property maintenance
and repairs; homeowner association fees; and a reasonable allowance
for utilities.
(10) Housing development. Residential projects consisting
of five or more residential units, including single-family and multi-family
dwellings for sale or rent.
(11) Housing unit. Same as dwelling or dwelling unit. See Section
10-2.3602 (Definitions of specialized terms and phrases), subsection (d).
(12) Hydrozone. A portion of the landscaped area having
plants with similar water needs that may be served by a valve or set
of valves with the same schedule. A hydrozone may be irrigated or
non-irrigated. For example, a naturalized area planted with native
vegetation that will not need supplemental irrigation once established
is a non-irrigated hydrozone.
(i) Definitions, "I."
(1) Illegal building or use. A building or use that
does not conform to one or more of the provisions of these Zoning
Regulations, and did not lawfully exist on the effective date of applicable
provisions of these Zoning Regulations and has not otherwise been
found to be legal nonconforming.
(2) Illuminating Engineering Society of North America ("IES"
or "IESNA"). The professional society of lighting engineers,
including those from manufacturing companies, and others professionally
involved in lighting.
(3) Improvement. Any fixture or embellishment affixed
to public or private real property (e.g., a bollard, fence, gate,
landscaping, park furniture, parking facility, paving, sidewalk, street
light, street sign, streetscape, structure, tree, wall, work of art)
or other object constituting a physical feature of real property or
any part of the feature.
(4) Incentives. Benefits offered by the City to encourage
construction of desired particular projects. Incentives may include
adjustment of development standards, expedited processing of entitlements,
relaxation of otherwise applicable entitlement conditions, and provisions
for mixed-use activities.
(5) Indoor amusement and entertainment facilities. Establishments
providing indoor amusement and entertainment services for a fee or
admission charge, including:
(B) Dance halls and ballrooms;
(D) Ice skating and rollerskating;
(E) Pool and billiard rooms as primary uses.
Four or more electronic games or coin-operated amusements in
any establishment or a premises where 50% or more of the floor area
is occupied by amusement devices are considered an electronic game
arcade as described above; three or less machines are not considered
a land use separate from the primary use of the site.
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(6) Infiltration rate. The rate of water entry into
the soil expressed as a depth of water per each unit of time (e.g.,
inches per hour).
(7) Installed. The initial installation of outdoor light
fixtures defined herein, following the effective date of the ordinance
codified in this article. A project with an approved building permit
prior to the effective date of said ordinance is excluded from compliance
with the article for the initial installation only.
(8) Intersection visibility area. The area illustrated in Section
10-2.803 (Height measurement and exceptions), Figure 3-2.
(j) Definitions, "J."
(1) Junior accessory dwelling unit (JADU). 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.
(k) Definitions, "K." No definitions of specialized
of specialized terms beginning with the letter "k" are used at this
time.
(l) Definitions, "L."
(1) Land use permit. Authority granted by the City to use a specified site for a particular purpose, including use permits, temporary use permits, variances and minor variances, planned development permits, design review permits and zoning clearances as established by Title
10, Chapter
2, Article 3 (Development and Land Use Approval Requirements).
(2) Laundries and dry cleaning plants. Service establishments engaged primarily in laundry and garment services, including: laundries; garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pickup stores without dry cleaning equipment, which are included in Section
10-2.3602 (Definitions of specialized terms and phrases), subsection (p) "Personal services."
(3) Libraries and museums. Public or quasi-public facilities, including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums and planetariums. See Section
10-2.1405, Table 3-5, for use of term.
(4) Light pollution. The material adverse effect of
artificial light including, glare, light trespass, skyglow, energy
waste, compromised safety and security, and impacts on the nocturnal
environment, including light sources that are left on when they no
longer serve a useful function. The determination of what is a material
adverse effect may be made based on exceedance of quantitative thresholds
determined by the City.
(5) Live/work units. An integrated housing unit and
working space, occupied and utilized by a single household in a structure
that has been designed or structurally modified to accommodate joint
residential occupancy and work activity, and which includes:
(A) Complete kitchen space and sanitary facilities in compliance with
the City's building code; and
(B) Working space reserved for and regularly used by one or more occupants
of the unit.
(6) Lot area. Gross lot area is the total area included
within the lot lines of a lot, exclusive of adjacent dedicated street
rights-of-way. The total of the area measured in a horizontal plane,
within the parcel lines bounding the lot, exclusive of easements for
streets or driveways which are not for the exclusive use of the parcel
(lot) on which the easement is located.
(7) Lot or parcel. A recorded lot or parcel of real
property lawfully created as required by the Subdivision Map Act and
City ordinances, including these Zoning Regulations. Types of lots
include the following. See Figure 5-2 (Lot Types) below.
(A) Corner lot. A lot located at the intersection of
two or more streets, where they intersect at an interior angle of
not more than 135 degrees. If the intersection angle is more than
135 degrees, the lot is considered an interior lot.
(B) Flag lot. A lot having access from the building
site to a public street by means of private right-of-way strip that
is owned in fee.
(C) Interior lot. A lot abutting only one street.
(D) Key lot. An interior lot, the front of which adjoins
the side property line of a corner lot.
(E) Reverse corner lot. A corner lot, the rear of which
abuts a key lot.
(F) Through lot. A lot with frontage on two generally
parallel streets.
(G) Lot coverage. See "Site coverage."
(H) Lot depth. The average linear distance between the
front and the rear lot lines or the intersection of the two side lot
lines if there is no rear line. See Figure 5-3. The Director shall
determine lot depth for parcels of irregular configuration.
(8) Lot frontage. The boundary of a lot adjacent to
a public street right-of-way.
(9) Lot line or property line. Any recorded boundary
of a lot. Types of lot lines are as follows (see Figure 5-3):
(A) Front lot line. On an interior lot, the property
line separating the parcel from the street. The front lot line on
a corner lot or a reverse corner lot is the line with the shortest
frontage. (If the streetfronting lot lines of a corner lot are equal
in length, the front lot line shall be determined by the Director.)
On a through lot, both lot lines are front lot lines and the lot is
considered to have no rear lot line.
(B) Interior lot line. Any lot line not abutting a street.
(C) Rear lot line. A property line that does not intersect
the front lot line, which is most distant from and most closely parallel
to the front lot line.
(D) Side lot line. Any lot line that is not a front
or rear lot line.
(10) Lot width. The horizontal distance between the side
lot lines, measured at right angles to the lot depth at a point midway
between the front and rear lot lines. See Figure 5-3. The Director
shall determine lot width for parcels of irregular shape.
(m) Definitions, "M."
(1) Map Act. See "Subdivision Map Act."
(2) Maximum building floor area. The total square footage
of building space that may be developed.
(3) Maximum developable area. The maximum area of the
site measured in square feet that may be developed with buildings,
structures, parking areas, roads, utility rights-of-way and the like.
(4) Medical services—Offices, clinics and laboratories. Facilities primarily engaged in furnishing outpatient medical, mental
health, surgical and other personal health services, but which are
separate from hospitals, including:
(A) Health management organizations (HMOs);
(B) Medical and dental laboratories;
(C) Medical, dental and psychiatric offices;
(D) Out-patient care facilities;
(E) Other allied health services.
(5) Medical services—Hospitals. Hospitals and
similar facilities engaged primarily in providing diagnostic services,
and extensive medical treatment, including surgical and other hospital
services. These establishments have an organized medical staff, inpatient
beds, and equipment and facilities to provide complete health care.
May include on-site accessory clinics and laboratories, accessory
retail uses and emergency heliports (see the separate definition of
"Accessory retail uses").
(6) Metal products fabrication, machine and welding shops. Establishments engaged primarily in the fabrication and/or assembly
of metal parts, including the following uses that produce metal ductwork,
tanks, towers, cabinets and enclosures, metal doors and gates, and
similar products:
(A) Blacksmith and welding shops;
(C) Machine shops and boiler shops.
(7) Mitigated negative declaration. A mitigated negative
declaration (MND) is a negative declaration (ND) that incorporates
revisions (mitigation measures) in the proposed project that will
avoid or mitigate impacts to a point where clearly no significant
impacts on the environment would occur.
(8) Mixed-use project. A project which combines both
commercial and residential uses, where the residential component is
typically located above the commercial.
(9) Mobile home. A trailer, transportable in one or
more sections, that is certified under the National Manufactured Housing
Construction and Safety Standards Act of 1974, which is eight feet
or more in width and 40 feet or more in length, for a total of 320
square feet minimum, and is built on a permanent chassis with or without
a permanent foundation and not including recreational vehicle, commercial
coach or factory-built housing. A mobile home on a permanent foundation
is included under the definition of "single-family dwellings" in Section
10.2-3602(s).
(10) Mobile home and recreational vehicle sales. Retail
establishments selling, leasing, and/or renting the following new
or used vehicles and products:
(I)
Travel/recreational trailers;
(J)
Other recreational vehicles.
May also include repair shops and the sales of parts and accessories,
incidental to vehicle dealerships. Does not include: parts/accessory
sales separate from a vehicle dealership (see "Auto parts sales");
or bicycle and moped sales (see "General retail stores").
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(11) Mobile home park. Any site that is planned and improved
to accommodate two or more mobile homes used for residential purposes,
or on which two or more mobile home lots are rented, leased, or held
out for rent or lease, or were formerly held out for rent or lease
and later converted to a subdivision, cooperative, condominium, or
other form of resident ownership, to accommodate mobile homes used
for residential purposes.
(12) Mobile recycling unit. An automobile, truck, trailer
or van, licensed by the Department of Motor Vehicles, which is used
for the collection of recyclable materials, including bins, boxes,
or containers transported by trucks, vans or trailers, and used for
the collection of recyclable materials.
(13) MS4 (Municipal Separate Storm Sewer System). The City's municipal storm drain system, whose performance is governed in part by the NPDES (National Pollution Discharge and Elimination System) regulations; see Section
10-2.3602 (Definitions of specialized terms and phrases), subsection (n) NPDES (National Pollution Discharge and Elimination System).
(14) Multi-family dwellings. A building or a portion
of a building used and/or designed as residences for two or more families
living independently of each other. Includes: duplexes, (with triplexes,
fourplexes and so forth). See "Duplexes," apartments (see "Apartment
building"), townhouses (see "Townhouse"), and senior citizen multi-family
housing.
(n) Definitions, "N."
(1) Negative declaration. A statement describing the
reasoning that a proposed action will not have a significant adverse
effect on the environment, in compliance with CEQA.
(2) Nonconforming parcel. A parcel that was legally
created prior to the adoption of these Zoning Regulations and which
does not conform to current Municipal Code provisions/standards (e.g.,
access, area or width requirements) prescribed for the zoning district
in which the parcel is located.
(3) Nonconforming sign. A sign which lawfully existed
prior to the effective date of these Zoning Regulations, or any amendment
hereto, but which fails by reason of the adoption or amendment to
conform to all of the standards and regulations of the adopted or
amended provision.
(4) Nonconforming structure. A structure that was legally
constructed prior to the adoption of these Zoning Regulations and
which does not conform to current Municipal Code provisions/standards
(e.g., open space, distance between structures) prescribed for the
zoning district in which the structure is located.
(5) Nonconforming use. A use of a structure (either
conforming or nonconforming) or land that was legally established
and maintained prior to the adoption of these Zoning Regulations and
which does not conform to current Municipal Code provisions governing
allowable land uses for the zoning district in which the use is located.
(6) Nonrestricted unit. All units within a housing development
excluding the designated dwelling units (e.g., moderate or lower income
or senior housing).
(7) NPDES (National Pollution Discharge and Elimination System). Regulations governing maximum allowable levels of pollutants in stormwater. See also Section
10-2.3602(m), "MS4."
(o) Definitions, "O."
(1) Occupancy. Living in or using premises or property
as a tenant or owner; includes living in or using abandoned property
with the intention of acquiring ownership.
(2) Offices.
(A) Accessory. Office facilities that are incidental
and accessory to another business or sales activity that is the main
use.
(B) Business, administrative, and professional. Establishments
providing direct, "over-thecounter" services to consumers (e.g., insurance
agencies, real estate offices, travel agencies, utility company offices),
but not including "banks and financial services," which are separately
defined. Also includes businesses providing professional services
and/or engaged in the production of intellectual property. These uses
include:
(i)
Accounting, auditing and bookkeeping services;
(iii)
Architectural, engineering, planning and surveying services;
(v)
Commercial art and design services;
(vii)
Court reporting services;
(viii) Detective agencies and similar services;
(ix)
Educational, scientific and research organizations;
(x)
Employment, stenographic, secretarial and word processing services;
(xi)
Literary and talent agencies;
(xii)
Management and public relations services;
(xiii) Media postproduction services;
(xiv)
Writers and artists offices.
(C) Processing and development. Office-type facilities characterized
by high employee densities, and occupied by businesses engaged in
information processing, and other computer- and telecommunications-based
activities. These uses include:
(i)
Airline, lodging chain, and rental car company reservation centers;
(ii)
Computer software and hardware design;
(iii)
Data processing services;
(iv)
Insurance claim processing;
(v)
Mail order and e-commerce transaction processing;
(vi)
Telecommunications facility design and management;
(D) Temporary office. A mobile home, recreational vehicle
or modular unit used as a temporary office facility. Temporary offices
may include construction supervision offices on a construction site
or off-site construction yard; a temporary on-site real estate office
for a development project; or a temporary business office in advance
of permanent facility construction.
(E) Temporary real estate. The temporary use of a dwelling
unit within a residential development project as a sales office for
the units on the same site, which is converted to residential use
at the conclusion of its office use.
(3) Open space. Land that is kept free of buildings,
structures, and paved parking areas, but specifically including restricted
lands; provided, however, that previous recreational facilities (e.g.,
golf courses and driving ranges)shall qualify as open space at the
ratio of 90% of their land area.
(4) Open space ratio (OSR). The percentage of the gross
site area that shall remain as open space.
(5) Ordinary maintenance and repair. Any work for which
a building permit is not required, the purpose and effect of which
is to correct deterioration of or damage to a structure or any part
thereof and to restore the structure to its condition before the deterioration
or damage.
(6) Outdoor dining. The use of City sidewalks and public
rights-of-way for the consumption of food or beverages in conjunction
with the operation of food service establishment properly licensed
for this type of service under applicable State and County health
regulations and which provides on-premises customer seating.
(7) Outdoor dining facility/facilities. The use of private
property for the consumption of food or beverages in conjunction with
the operation of a food service establishment properly licensed for
this type of service under applicable State and County health regulations
and which provides on-premises customer seating.
(8) Outdoor dining permit. A permit issued by the Director
of Public Works allowing the encroachment upon and use of the public
right-of-way for outdoor dining purposes.
(p) Definitions, "P."
(1) Parcel. See "Lot or parcel," See Section
10-2.3602 (Definitions of specialized terms and phrases), subsection (l).
(2) Parks and playgrounds. Public lands, including parks,
play lots, playgrounds and athletic fields for non-commercial neighborhood
or community use, including tennis, racquetball, pickleball, basketball
and other athletic courts.
(3) Parking facilities, public and private. Service
establishments in the business of storing operative cars, trucks,
buses, recreational vehicles, and other motor vehicles for clients.
Includes both day use and long-term public and commercial garages,
parking lots and structures, except when accessory to a primary use.
(All primary uses are considered to include any customer or public
use off-street parking required by these Zoning Regulations.) Includes
sites where vehicles are stored for rental or leasing. Does not include
dismantling yards.
(4) Person. Any individual, firm, co-partnership, corporation,
company, association, joint stock association; City, County, State,
or district; and includes any trustee, receiver, assignee, or other
similar representative thereof.
(5) Personal services. Establishments providing non-medical
services as a primary use, including:
(C) Dry cleaning pick-up stores with limited equipment;
(D) Home electronics and small appliance repair;
(E) Laundromats (self-service laundries);
(G) Tailors.
These uses may also include accessory retail sales of products
related to the services provided.
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(6) Planning Commission. The City of Ojai Planning Commission,
appointed by the Ojai City Council in compliance with
Government Code
Section 65101, referred to throughout these Zoning Regulations as
the "Commission."
(7) Plant factor. A factor that when multiplied by reference
evapotranspiration, estimates the amount of water used by plants.
For purposes of these Zoning Regulations, the average plant factor
of low water using plants ranges from 0 to 0.3, for average water
using plants the range is 0.4 to 0.6, and for high water using plants
the range is 0.7 to 1.0.
(8) Plant nurseries and garden supply stores. Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under Section
10-2.3602 (Definitions of specialized terms and phrases), subsection (g), "General retail." Home greenhouses are included under "Residential accessory uses and structures."
(9) Pre-existing tower and antenna. A tower or antenna for which a permit has been properly issued before the effective date of Title
10, Chapter 14 (Wireless Communication Facilities).
(10) Preliminary Archeological Assessment (PAA). A study
conducted by a professional archaeologist that assesses the archaeological
significance of a land or property.
(11) Primary structure. A structure that accommodates
the primary use of the site.
(12) Primary use. The main purpose for which a site is
developed and occupied, including the activities that are conducted
on the site during the hours during which activities occur.
(13) Primary zoning district. The zoning district applied
to a site by the Zoning Map, to which an overlay zoning district may
also be applied.
(14) Printing and publishing. Establishments engaged
in printing by letterpress, lithography, gravure, screen, offset or
electrostatic (xerographic) copying; and other establishments serving
the printing trade (e.g., bookbinding, typesetting, engraving, photoengraving
and electrotyping). This use also includes establishments that publish
newspapers, books and periodicals; and establishments manufacturing
business forms and binding devices. "Quick printing" services are
included in the definition of "Business support services."
(15) Property line. The recorded boundary of a parcel
of land.
(16) Proposed project. A proposed new structure, new
addition to an existing structure or area of other new site development,
or a proposed new use of an existing parcel or structure; these do
not include the alteration of any portion of an existing structure
other than an addition.
(17) Public safety facility. A facility operated by a
public agency including fire stations, other fire prevention and fire
fighting facilities, and police headquarters.
(18) Public utility facility. A structure or facility
associated with providing utility services, such as electricity, water
and natural gas distribution. These include any of the following that
are not exempt from permit requirements by
Government Code Section
53091, but not office or customer service centers (classified in "Offices"):
(A)
Corporation and maintenance yards;
(B)
Electrical substations and switching stations;
(C)
Natural gas regulating and distribution facilities;
(D)
Public water system wells, treatment plants and storage;
(E)
Telephone switching facilities;
(F)
Wastewater collection and treatment; and
(q) Definitions, "Q."
(1) Qualifying resident. Any citizen or other person
eligible through particular characteristics to reside in non-market-rate
housing (e.g., affordable housing or senior citizen housing).
(r) Definitions, "R."
(1) Recreational vehicle (RV). A motor home, travel
trailer, truck camper, or camping trailer, with or without motive
power, originally designed for human habitation for recreational,
emergency, or other occupancy, which meets all of the following criteria:
(A) It contains less than 320 square feet of internal living room area,
excluding built-in equipment, including wardrobe, closets, cabinets,
kitchen units or fixtures, and bath or toilet rooms;
(B) It contains 400 square feet or less of gross area measured at maximum
horizontal projections;
(C) It is built on a single chassis; and
(D) It is either self-propelled, truck-mounted, or permanently towable
on the highways without a towing permit.
(2) Religious facilities. Facilities operated by religious
organizations for worship, or the promotion of religious activities,
including churches, mosques, synagogues, temples, and religious schools;
and accessory uses on the same site (e.g., living quarters for ministers
and staff, and child day care facilities) where authorized by the
same type of land use permit required for the religious facility itself.
Other establishments maintained by religious organizations (e.g.,
full-time educational institutions, hospitals and other potentially
related operations [e.g., a recreational camp]) are classified according
to their respective activities.
(3) Research and development (R&D) facilities. Indoor or outdoor facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes chemical and biotechnology research and development. Does not include computer software companies (see "Offices—Production"), soils and other materials testing laboratories (see "Business support services") or medical laboratories (see Section
10-2.3602 (Definitions of specialized terms and phrases), subsection (m) "Medical services— Offices, clinics and laboratories").
(4) Residential accessory uses and structures. Any use
or structure that is customarily a part of, and clearly incidental
and secondary to, a residence and does not change the character of
the residential use. These uses include the following detached accessory
structures, and other similar structures normally associated with
a residential use of property:
(F) Tennis and other on-site sport courts;
(G) Workshops.
Also includes the indoor storage of automobiles (including their
incidental restoration and repair), personal recreational vehicles
and other personal property, accessory to a residential use. Does
not include home satellite dish and other receiving antennas for earth-based
TV and radio broadcasts; see "Telecommunications facilities."
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(5) Residential care homes. Facilities providing residential
social and personal care for children, the elderly and people with
limited ability for self-care, but where medical care is not a major
element. Includes children's homes; transitional houses; orphanages;
rehabilitation centers; and self-help group homes. Convalescent homes,
nursing homes and similar facilities providing medical care are included
under the definition of "Medical services—Extended care."
(6) Restaurant. A retail business selling food and beverages
prepared on the site, for on- or off- premises consumption. These
include eating establishments where customers are served from a walk-up
ordering counter for either on- or off-premises consumption, and establishments
where most customers are served food at tables for on-premises consumption,
but may include providing food for take-out. Also includes coffee
houses.
(7) Restricted land area.
(A) Totally unusable lands include floodplains, streams and other water
bodies, forests, steep slopes and other land or water that cannot
reasonably be built upon.
(B) Reserved lands include road right-of-way, utility rights-of-way and
easements.
(C) Partially unusable lands include slopes, areas of poor building soils,
view protection areas, environmentally-sensitive areas, required setbacks
and open space buffers that require environmental mitigation measures.
(8) Reverse vending machine. An automated mechanical
device which accepts at least one or more types of empty beverage
containers, including aluminum cans, glass and plastic bottles, and
issues a cash refund or a redeemable credit slip with a value not
less than the container's redemption value as determined by State
law. A reverse vending machine may sort and process containers mechanically,
provided that the entire process is enclosed within the machine. In
order to accept and temporarily store all container types in a proportion
commensurate with their relative redemption rates, and to meet the
requirements of certification as a recycling facility, multiple grouping
of reverse vending machines may be necessary.
(9) Review authority. The individual or official City body (the Director, Planning Commission, or City Council) identified by these Zoning Regulations as having the responsibility and authority to review, and approve or disapprove the permit applications described in Title
10, Chapter
2, Article 3 (Development and Land Use Approval Requirements).
(10) Room rental. The renting of individual bedrooms
within a dwelling and/or the providing of table board to two or more
unrelated people, whether or not meals are provided.
(s) Definitions, "S."
(1) Schools. Public and private educational institutions,
including:
(B) Business, secretarial, and vocational schools;
(C) Community colleges, colleges and universities;
(D) Elementary, middle, and junior high schools;
(E) Establishments providing courses by mail or via the internet;
(H) Professional schools (law, medicine);
(I) Seminaries/religious ministry training facilities.
Also includes specialized schools offering instruction in the
following:
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(L) Computers and electronics;
(P) Music.
Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development (e.g., fitness, environmental awareness, arts, communications, and management.) Does not include pre-schools and day care facilities (see Section 10-2.3602 (Definitions of specialized terms and phrases), subsection (d) "Day care facilities"). See also Section 10-2.3602(s) "Studios for visual/performing art instruction and education" for smaller-scale facilities offering specialized instruction.
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(2) Screening. As a noun, screening means a fence or
wall that serves to divide disparate land uses, or to divide and block
the view of a structure or facility from the public right-of-way or
adjoining properties.
(3) Second residential units. A second permanent dwelling (accessory dwelling unit [ADU] or junior accessory dwelling unit [JADU] that is accessory to a primary dwelling on the same site. See Section
10-2.1709 (Accessory dwelling units) for additional definitions, standards and requirements. A second residential unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation and parking.
(4) Senior citizen. Persons at least 62 years of age;
or persons at least 55 years of age in a senior citizen housing development,
in compliance with State and Federal law.
(5) Senior citizen housing. A housing development consistent
with the California Fair Employment and Housing Act (
Government Code
Section 12900, et seq., including 12955.9 in particular), which has
been "designed to meet the physical and social needs of senior citizens,"
and which otherwise qualifies as "housing for older persons" as that
phrase is used in the Federal Fair Housing Amendments Act of 1988
(P.L.100-430) and implementing regulations and as that phrase is used
in California
Civil Code Section 51.3.
(6) Setback. The distance by which a structure, parking area, or other development feature shall be separated from a lot line, other structure or development feature, or street centerline. Setbacks from private streets are measured from the edge of the easement. See also "Yard." Section
10-2.404 (Residential zoning district general development standards), Table 2-3 (Residential district general development standards) and Section
10-2.804 (Setback measurement and exceptions) provide setback requirements.
(7) Sign. A structure, device, figure, display, message
placard, or other contrivance, or any part thereof, situated outdoors
or indoors, which is designed, constructed, intended, or used to advertise,
or to provide information in the nature of advertising, to direct
or attract attention to an object, person, institution, business,
product, service, event, or location by any means, including words,
letters, figures, designs, symbols, fixtures, colors, illumination,
or projected images. Does not include murals, paintings and other
works of art that are not intended to advertise or identify any object,
person, institution, business, product, service, or event. Types of
signs include the following:
(A) Abandoned sign. A sign that no longer advertises
a business, lessor, owner, individual, product, service or activity
on the premises where the sign is displayed.
(B) Animated or moving sign. A sign which uses movement,
lighting, or special materials to depict action or create a special
effect to imitate movement.
(C) Awning sign. A sign, logo, or text attached or affixed
to, or painted or printed on, an awning which is attached to a building.
(D) Banner, flag or pennant. Cloth, bunting, plastic,
paper or similar non-rigid material used for advertising purposes
attached to a structure, staff, pole, line, framing or vehicle, not
including official flags of the United States, the State of California
and other States of the nation, counties, municipalities, official
flags of foreign nations and nationally or internationally recognized
organizations.
(E) Bench sign. Copy affixed to a portion of a bench.
(F) Billboard. A sign which has a flat-surface space
upon which sign copy may be posted, painted, or affixed, and which
is designed for the rental or lease of such sign space for purposes
not relating to the use of the property upon which the sign exists.
(G) Changeable copy sign. A sign designed to allow the
changing of copy through manual, mechanical, or electrical means.
(H) City sign. A sign that displays information regarding or identifying
a City-operated structure, park, public area, street, avenue, road,
place, court, the City limits, or other City information.
(I) Civic event sign. A temporary sign other than a
commercial sign posted to advertise a civic event sponsored by a public
agency, school, church, civic-fraternal organization or similar noncommercial
organization.
(J) Commercial or manufacturing property zone sign. An
on-site business-related sign located on property zoned commercial,
industrial, or village mixed used.
(K) Contractor or construction sign. A sign which states
the name of the developer and contractor(s) working on the site and
related engineering, architectural or financial firms involved with
the project.
(L) Directory sign. A sign for listing the tenants and
their suite numbers of a multiple tenant structure or center.
(M) Double-faced sign. A sign constructed to display
its message on the outer surfaces of two identical and/or opposite
parallel planes.
(N) Electronic reader board sign. A sign with a fixed
or changing display composed of a series of lights, but not including
time and temperature displays.
(O) Flashing sign. A sign that contains an intermittent
or a sequential flashing light source.
(P) Future tenant identification sign. A temporary sign
that identifies the names of future businesses that will occupy a
site or structure.
(Q) Garage sale sign. A sign with a message advertising
the resale of personal property that has been used by the resident.
(R) Grand opening. A promotional activity not exceeding
30 calendar days used by newly established businesses, within two
months after initial occupancy, to inform the public of their location
and services available to the community. "Grand opening" does not
mean an annual or occasional promotion of retail sales by a business.
(S) Ground mounted sign. A sign fixed in an upright
position on the ground not attached to a structure other than a framework,
pole or device, erected primarily to support the sign. Includes monument
signs and pole signs.
(T) Halo-lit or back-lit sign. An illuminated sign with
opaque, reverse pan channel, halo-lit letters and elements with concealed
light sources in which the light projects away from the viewer.
(U) Holiday decoration sign. Temporary seasonal signs,
in the nature of decorations, clearly incidental to and customarily
associated with nationally recognized holidays and which contain no
advertising message.
(V) Identification sign. A sign which serves to identify
only the owner or tenant or business name, address, and lawful use
of the premises upon which it is located and provides no other advertisements
or product identification.
(W) Indirectly illuminated sign. A sign whose light
source is external to the sign and which casts its light onto the
sign from some distance.
(X) Internally illuminated sign. A sign whose light
source is located in the interior of the sign so that the rays go
through the face of the sign, or light source which is attached to
the face of the sign and is perceived as a design element of the sign.
(Y) Marquee (canopy) sign. A sign which is attached
to or otherwise made a part of a permanent roof-like structure which
projects beyond the building wall in the form of a large canopy to
provide protection from the weather.
(Z) Monument sign. An independent, freestanding sign
which is not supported by a building, but by one or more braces, uprights,
or other similar structural or foundational components, and may incorporate
the design and building materials accenting the architectural theme
of the structures on the same property.
(AA)
Multi-tenant or multiple tenant sign. An identification
sign for a commercial site with multiple tenants, at least two or
more, displaying the names of each tenant on a single parcel or on
contiguous parcels under the same ownership and which utilize common
off-street parking and access facilities.
(BB)
Neon sign. A sign composed of one or more discharge
lamps in which the gas contains a large proportion of neon or other
similar inert gas.
(CC)
Nonconforming sign. An advertising structure
or sign that was lawfully erected and maintained prior to the adoption
of these Zoning Regulations, but does not now completely comply with
current regulations.
(DD)
Off-site directional sign. A sign identifying
a publicly owned facility, emergency facility, or a temporary subdivision
sign, but excluding real estate signs.
(EE)
Off-site sign. A sign identifying a use, facility,
service, or product which is not located, sold, or manufactured on
the same premises as the sign.
(FF)
On-building directory sign. A sign or a set
of similarly designed individual signs placed or displayed in sequence
on a structure to list all or part of the businesses within the structure
or business center.
(GG)
On-site sign. A sign identifying a use, facility,
service, or product which is located, sold, or manufactured on the
same premises as the sign or which identifies a use, service, or product
by a brand name which constitutes the principal item for sale or manufactured
on the premises.
(HH)
Painted wall sign. A painting or mural on the
wall of a building or structure.
(II)
Parking lot sign. A sign, other than those described in Section
10-2.1606 (Exemptions from sign permits), subsection
(u), locate
d in a parking lot to supply information to individuals using the lot.
(JJ)
Permanent sign. A sign constructed of durable
materials and intended to exist for the duration of time that the
use or occupant is located on the premises.
(KK)
Political sign. A sign designed for the purpose
of advertising support of or opposition to a candidate or proposition
for a public election, or otherwise containing a politically oriented
message.
(LL)
Pole sign. An elevated freestanding sign, typically
supported by one or two poles or columns.
(MM)
Portable sign. A sign that is not permanently
affixed to a structure or the ground.
(NN)
Projecting sign. A sign other than a wall sign
suspending from, or supported by, a structure and projecting outward
from the structure, rather than being mounted flat on the surface
of a structure.
(OO)
Roof sign. A sign constructed upon or over
a roof or placed so as to extend above the edge of the roof.
(PP)
Sandwich sign. A sandwich sign or sandwich
board is a type of advertisement tool composed of two boards with
a message or graphic on it and being either carried by a person, with
one board in front and one behind in a triangle shape, hinged along
the top, creating a "sandwich" effect; or set up near a store advertising
its goods and/or services.
(QQ)
Special event sign/banner. A temporary sign
or banner that is intended to inform the public of a community or
public event, action, purpose, or occasion (i.e., grand opening or
civic event).
(RR)
Temporary sign. A sign intended to be displayed
for a limited period of time and capable of being viewed from a public
right-of-way, parking area or neighboring property.
(SS)
Under canopy sign. A sign attached to or suspended
from the underside of a projecting canopy, arcade, marquee, deck,
or second floor porch protruding over public or private sidewalks
or rights-of-way.
(TT)
Vehicle sign. A sign which is attached to or
painted on a vehicle which is parked on or adjacent to any property,
the principal purpose of which is to attract attention to a product
sold or business located on the property.
(UU)
Wall sign. A sign which is attached to or painted
on the exterior wall of a structure with the display surface of the
sign parallel to and mounted flat on the building wall.
(VV)
Window sign. A sign posted, painted, placed,
or affixed in or on a window exposed to public view or an interior
sign which faces a window exposed to public view and is located within
three feet of the window.
(8) Sign area. The entire area within a perimeter defined
by a continuous line composed of right angles using no more than four
lines which enclose the extreme limits of lettering, logo, trademark,
or other graphic representation.
(9) Sign height. The vertical distance from the uppermost
point used in measuring the area of a sign to the average grade immediately
below the sign, including its base or the top of the nearest curb
of the street on which the sign fronts, whichever measurement is the
greatest.
(10) Single-family dwellings. A building designed for
and/or occupied exclusively by one family. Also includes factory-built,
modular housing units, constructed in compliance with the Uniform
Building Code (UBC), and mobile homes/manufactured housing on permanent
foundations. May include the rental of rooms within a dwelling also
occupied by the property owner or a primary tenant.
(11) Site. A parcel or adjoining parcels, considered
a unit for the purposes of development or other use.
(12) Site coverage. The percentage of total site area
occupied by structures. Structure or building coverage includes the
primary structure, all accessory structures (e.g., ADUs, carports,
garages, patio covers, storage sheds, trash dumpster enclosures, driveways
or paving coverage as shown in Figure 5-4 and access routes such as
for flag lot sites) and architectural features (e.g., chimneys, balconies,
decks above the first floor, porches, stairs). Structure/building
coverage is measured from exterior wall to exterior wall.
(13) Small family day care homes. See Section
10-2.3602 (Definitions of specialized terms and phrases), subsection (d) "Day care facilities."
(14) Social service centers. Public or quasi-public establishments
providing social services and rehabilitation services, counseling
centers, welfare offices, job counseling and training centers or vocational
rehabilitation agencies, serving persons with social or personal problems
requiring special services and the handicapped and the disadvantaged.
Includes organizations soliciting funds to be used directly for these
and related services. Also includes establishments engaged in community
improvement and neighborhood development. (Does not include child
day-care services [e.g., pre-schools] which are classified under "Schools—
Preschool to secondary," or "Residential care," which are separately
defined.)
(15) Specific Plan. A plan as defined in California Government
Code Sections 65450-65457, as amended.
(16) Steep slopes. Slopes with a grade of more than 25%.
(17) Stone and cut stone product manufacturing. Manufacturing
establishments engaged primarily in cutting, shaping, and finishing
marble, granite, slate, and other stone for building and miscellaneous
uses. Also includes establishments engaged primarily in buying or
selling partly finished monuments and tombstones.
(18) Storage—Outdoor. The storage of various materials
outside of a structure other than fencing, either as an accessory
or principal use.
(19) Storage—Personal self-service (mini-storage). A structure or group of structures containing generally small, individual,
compartmentalized stalls or lockers rented as individual storage spaces
and characterized by low parking demand.
(20) Structural clay and pottery product manufacturing. Manufacturing establishments engaged primarily in producing brick
and structural clay products, including pipe, china plumbing fixtures
and vitreous china articles, fine earthenware and porcelain products.
Artist/craftsman uses are included in "Handcraft industries and small
scale manufacturing," and "Home occupations."
(21) Studios for art, dance, music, photography, yoga, acting
and other arts. Small-scale facilities, typically accommodating
one group of students at a time, in no more than one instructional
space. Larger facilities are included under the definition of "Schools—Specialized
education and training." These include facilities for individual and
group instruction and training in the arts; production rehearsal;
photography and the processing of photographs produced only by users
of the studio facilities; martial arts training studios; gymnastics
instruction, and aerobics and gymnastics studios with no other fitness
facilities or equipment.
(22) Subdivision. The division, by any subdivider, of
any unit or portion of land shown on the latest equalized County assessment
roll as a unit or contiguous units, for the purpose of sale, lease
or financing, whether immediate or future. Property shall be considered
as contiguous units, even if it is separated by roads, streets, utility
easement or railroad rights-of-way. Subdivision includes the following,
as defined in California
Government Code Section 66424, a condominium
project; a community apartment project; a planned development; or
the conversion of five or more existing dwelling units to a stock
cooperative.
(23) Subdivision Map Act, or Map Act. Title
7, Division
2 of the California
Government Code, Sections 66410-66499.40, as amended.
(24) Supermarket. A full-service, self-service retail
store which sells a line of dry grocery, canned goods, or non-food
items and some perishable items.
(t) Definitions, "T."
(1) Telecommunications facilities. Public, commercial,
and private electromagnetic and photoelectric transmission, broadcast,
repeater and receiving stations for radio, television, telegraph,
telephone, data network and wireless communications including commercial
earth stations for satellite-based communications. Includes antennas,
commercial satellite dish antennas, and equipment buildings.
(2) Textile and leather product manufacturing. Manufacturing
establishments engaged in performing any of the following operations:
(A) Coating, waterproofing, or otherwise treating fabric;
(B) Dying and finishing fiber, yarn, fabric, and knit apparel;
(C) Manufacture of knit apparel and other finished products from yarn;
(D) Manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous
textiles;
(E) Manufacturing of woven fabric, carpets and rugs from yarn;
(F) Preparation of fiber and subsequent manufacturing of yarn, threads,
braids, twine cordage;
(G) Upholstery manufacturing.
(3) Theaters and auditoriums. Indoor facilities for
public assembly and group entertainment, other than sporting events,
including:
(A) Civic theaters, and facilities for "live" theater and concerts;
(B) Exhibition and convention halls;
(D) Public and semi-public auditoriums;
(E) Similar public assembly uses.
Does not include outdoor theaters, concert and similar entertainment
facilities, nor indoor and outdoor facilities for sporting events.
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(4) Tower. Any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas, including
self-supporting lattice towers, guy towers, or monopole towers, radio
and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
other similar supporting structures.
(5) Townhome (or townhouse). A dwelling unit constructed
in a row of two or more attached units, where each dwelling unit is
located on an individual lot or common parcel and shares at least
one common wall with an adjacent unit, but with no dwelling unit entirely
or partially above another.
(6) Truck and freight terminals. Transportation establishments
furnishing services incidental to air, motor freight, and rail transportation
including:
(A) Freight forwarding services;
(B) Freight terminal facilities;
(C) Joint terminal and service facilities;
(D) Packing, crating, inspection and weighing services;
(E) Postal service bulk mailing distribution centers;
(F) Transportation arrangement services;
(G) Trucking facilities, including transfer and storage.
(v) Definitions, "V."
(1) Very low, extremely low, low and moderate income households. Households whose income does not exceed the very low, extremely
low, low and moderate income limits applicable to the County, as published
and periodically updated by the State Department of Housing and Community
Development in compliance with State law (
Health and Safety Code Sections
50079.5 and 50105) for "for-rent" and "for-sale" housing.
(2) Veterinarians, animal hospitals, kennels, boarding. Office and indoor medical treatment facilities used by veterinarians,
including large and small animal veterinary clinics, and animal hospitals.
Kennels and boarding operations are facilities for the keeping, boarding
or maintaining of five or more dogs four months of age or older, or
five or more cats, except for dogs or cats in pet shops.
(w) Definitions, "W."
(1) Wall. An artificially constructed, continuous, upright
structure barrier consisting of concrete, masonry, stone, or similar
manufactured material or combination of materials erected to enclose,
screen, or separate an area of land. Similar structures primarily
of wood, or materials other than concrete or masonry, are included
under the definition of "Fence."
(2) Warehousing, wholesaling and distribution. These
facilities include:
(A) Warehousing. Facilities for the storage of furniture,
household goods, or other commercial goods of any nature. Includes
cold storage. Does not include: warehouse, storage or mini-storage
facilities offered for rent or lease to the general public (see "Storage,
personal storage facilities"); warehouse facilities in which the primary
purpose of storage is for wholesaling and distribution (see "Wholesaling
and distribution"); or terminal facilities for handling freight (see
"Truck and freight terminals").
(B) Wholesaling and distribution. Establishments engaged
in selling merchandise to retailers; to industrial, commercial, institutional,
farm, or professional business users; or to other wholesalers; or
acting as agents or brokers in buying merchandise for or selling merchandise
to persons or companies. Includes establishments as:
(i)
Agents, merchandise or commodity brokers, and commission merchants;
(ii)
Assemblers, buyers and associations engaged in the cooperative
marketing of farm products;
(iv)
Stores primarily selling electrical, plumbing, heating and air
conditioning supplies and equipment.
(x) Definitions, "X." No definitions of specialized
terms beginning with the letter "x" are used at this time.
(y) Definitions, "Y."
(1) Yard. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections allowed by these Zoning Regulations. See Section
10-2.804 (Setback Measurement and Exceptions).
(A) Front yard. An area extending across the full width
of the lot between the front lot line and the required setback.
(B) Rear yard. An area extending the full width of the
lot between a rear lot line and the required setback.
(C) Side yard. An area extending from the front yard
to the rear yard between the nearest side lot line and the required
setback.
(z) Definitions, "Z."
(1) Zoning regulations. The Ojai Zoning Regulations, Title
10, Chapter
2 of the Ojai Municipal Code, referred to herein as "these Zoning Regulations."
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 5, Ord. 826, eff. June 28, 2013, § 3, Ord. 856, eff. June 12, 2015, § 2, Ord. 876, eff. November 12, 2017, §§ 6—9, Ord. 910, eff. December 10, 2020, as
amended by §§ 118—137, Ord. 941, eff. November 10, 2023)