Ojai City Zoning Code
Division 1
PURPOSE AND EFFECT OF ZONING REGULATIONS
§ 10-2.101 Title.
This chapter shall be known as the "City of Ojai Zoning Regulations" (these "Zoning Regulations").
(§ 3, Ord. 771, eff. February 13, 2004)
§ 10-2.102 Purpose of chapter.
The purpose of this chapter is to promote the public health, safety, general welfare, and to preserve and enhance the aesthetic quality of the City by providing regulations to ensure an appropriate mix of land uses and orderly land development. In addition, the City desires to achieve a balance through a pattern and distribution of land uses which generally:
(a)
Maintain Ojai as a quiet, peaceful community whose picturesque valley setting, architectural character, and protected natural environment combine to provide a refuge from urban life;
(b)
Retain and enhance established residential neighborhoods, commercial and industrial districts, mixed-uses, recreational areas, and amenities;
(c)
Maintain a balanced distribution of land uses and provide for land use compatibility, and safe, efficient pedestrian and vehicular circulation throughout the City;
(d)
Allow for the infill and recycling of areas at their designated scale of density/intensity, heights, and character;
(e)
Allow for the appropriate intensification of commercial and residential uses in the City's downtown consistent with the City's General Plan;
(f)
Preserve and enhance significant environmental resources;
(g)
Provide open space resources for passive and active recreational activities, and protect the public from natural safety hazards;
(h)
Provide a diversity of areas characterized by differing land use activity, scale and intensity, while maintaining community identity and quality development;
(i)
Encourage pedestrian- and bicycle-friendly development;
(j)
Require that the architecture of new or remodeled structures respect the City's heritage, expectations of superior quality, and principles of urban design as expressed in the City's design guidelines;
(k)
Provide for mixed-use development which supports live-work arrangements and fosters the use of alternatives to automobile transportation; and
(l)
Maintain Ojai as a unique/distinctive and secure environment for the City's residents, businesses, and visitors.
(§ 3, Ord. 771, eff. February 13, 2004)
§ 10-2.103 Authority and General Plan consistency.
(a)
Authority. This chapter is the primary tool for implementing the policies of the Ojai General Plan, in compliance with the mandated provisions of State law and other applicable local, regional, State, and Federal requirements as they may be amended/replaced from time to time.
(c)
Density and intensity. The density/intensity limitations established in the Land Use Element of the General Plan apply to all parcels.
(§ 3, Ord. 771, eff. February 13, 2004)
§ 10-2.104 Review authority.
These zoning regulations shall be administered by the Ojai City Council (the "Council"), the Ojai Planning Commission (the "Commission"), the Community Development Director (the "Director"), the Historic Preservation Commission, and the Community Development Department (the "Department"). The participation of these groups and individuals in the development review process is as follows:
(a)
Commission. The Commission shall:
(1)
Consist of five members who are appointed and serve according to the provisions of Chapter 1 of Title 10 of the Municipal Code;
(2)
Adopt rules for the transaction of business and keep a public record of its actions in compliance with Section 10-1.03 of the Municipal Code. Three commissioners shall constitute a quorum of the Commission, and no quorum shall consist of a majority of nonresidents of the City. All meetings shall be open and public;
(3)
Perform the duties and functions prescribed in these zoning regulations, and in compliance with Section 10-1.04 of the Municipal Code. The Commission shall recommend adoption, implement, and periodically review and recommend revisions to the General Plan and these zoning regulations for the desired physical development of the City, and any land within its sphere of influence;
(4)
Have the following authority:
(A)
The Commission has the authority to grant final approval for the following:
(B)
All of the above-listed determinations are subject to appeal to the Council in compliance with Article 30 of this chapter.
(C)
The Commission shall also make recommendations to the Council for final determinations regarding the following:
(b)
Director. The Director shall:
(1)
Be appointed by the City Manager;
(2)
Perform the duties and functions prescribed in these zoning regulations, in addition to the day-to-day and long range management of the Department;
(3)
Have the following authority:
(A)
The Director has the authority to grant final approval for the following:
(i)
Minor architectural review exemptions,
(ii)
Home occupation permits,
(iv)
Lot line/boundary adjustments, where no increase in density would result,
(v)
Minor conditional use permits,
(vi)
Minor variances and modifications,
(vii)
Sign permits, except signs for arcade storefronts,
(viii)
Temporary use permits,
(ix)
Tree permits, except where more than five oak, sycamore or heritage trees, or a combination thereof, are to be cut down, removed, or relocated upon a single parcel. Unusual cases where less than five trees are involved may be referred to the Commission by the Director,
(x)
Zoning clearances,
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 3, Ord. 825, eff. September 28, 2013, and § 3, Ord. 894, eff. April 25, 2019)
§ 10-2.105 Applicability of Zoning Regulations.
(a)
Compliance with these Zoning Regulations required. All land and structures shall be used and constructed in compliance with the regulations and requirements of these Zoning Regulations, including obtaining all land use entitlements before construction/use inauguration, as applicable.
(b)
Entitlements and licenses. All land use entitlements or licenses shall be issued in compliance with the provisions of these Zoning Regulations. Any land use entitlement or license issued in conflict with these Zoning Regulations is deemed void.
(c)
Minimum requirements. The regulations and provisions of these Zoning Regulations are the minimum requirements, unless otherwise stated.
(d)
Conflict with other regulations.
(1)
Nothing in these Zoning Regulations shall be deemed to repeal or amend the Building Code, other ordinances or regulations or any specific provisions requiring a land use entitlement or license or both of the City except as otherwise provided for in these Zoning Regulations. If any conflict occurs between the provisions of these Zoning Regulations and the Building Code or other regulations of the City, the more restrictive provisions shall apply.
(2)
It is not intended that these Zoning Regulations shall interfere with, repeal, abrogate, or annul any private easement, covenant, or other agreement in effect at the time of adoption. Where these Zoning Regulations impose a greater restriction upon the use of land or structures, the provisions of these Zoning Regulations shall apply.
(e)
Effect of Zoning Regulations—Changes on projects in progress. The enactment of these Zoning Regulations or amendments to their requirements may impose different standards on new land uses than those that applied to existing development (e.g., these Zoning Regulations or a future amendment could require more off-street parking spaces for a particular land use than former Zoning Ordinance provisions). The following provisions determine how the requirements of these Zoning Regulations apply to projects in progress at the time requirements are changed.
(1)
Projects with pending applications. All land use permit and subdivision applications that have been determined by the Department to be complete before the effective date of these Zoning Regulations or any amendment will be processed according to the requirements in effect when the application was accepted as complete. Applications for land use permit or tentative map extensions of time (see Title 10, Chapter 2, Article 32 (Time Limits and Extensions) and Title 10, Chapter 3 (Subdivision Regulations)), respectively, shall be consistent with the requirements of these Zoning Regulations that are in effect when the time extension application is accepted as complete.
(2)
Approved projects not yet under construction. Any approved development for which construction has not begun as of the effective date of these Zoning Regulations or any amendment may still be constructed as approved, as long as required building permits have been obtained before the expiration of any applicable land use permit (Article 32, Time Limits and Extensions) or, where applicable, before the expiration of any approved time extension granted under Title 10, Chapter 2, Article 32 (Time Limits and Extensions).
(3)
Approved projects not requiring construction. Any approved land use not requiring construction that has not been established as of the effective date of these Zoning Regulations or any amendment may still be established in compliance with its approved permit, as long as establishment occurs before the expiration of the permit (Article 32, Time Limits and Extensions) or, where applicable, before the expiration of any approved time extension granted under Title 10, Chapter 2, Article 32 (Time Limits and Extensions).
(4)
Approved subdivisions not yet recorded. Any approved subdivision for which a parcel or final map has not been recorded as of the effective date of these Zoning Regulations or amendment, may still have a parcel or final map recorded in compliance with the approved tentative map, as long as recordation occurs before the expiration of the tentative map in compliance with Title 10, Chapter 3 (Subdivision Regulations), or, where applicable, before the expiration of any approved time extension granted under Title 10, Chapter 3 (Subdivision Regulations).
(5)
Projects under construction. A structure that is under construction on the effective date of these Zoning Regulations or any amendment need not be changed to satisfy any new or different requirements of these Zoning Regulations.
(f)
Other requirements may still apply. Nothing in these Zoning Regulations eliminates the need for obtaining any other permits required by the City, or any permit, approval, or entitlement required by other provisions of the Municipal Code or the regulations of any City department, or any County, regional, State, or Federal agency.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 4, Ord. 941, eff. November 10, 2023)
§ 10-2.106 Interpretation of Zoning Regulations.
§ 10-2.107 Partial invalidity.
If any section, subsection, sentence, clause, or phrase of these Zoning Regulations is for any reason, held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of these Zoning Regulations. The Council hereby declares that it would have adopted these Zoning Regulations and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more portions of these Zoning Regulations might be declared invalid.
(§ 3, Ord. 771, eff. February 13, 2004)