Where a boundary follows a public street or alley, the centerline of the street shall be the boundary. Where a boundary follows a parcel line, the parcel line shall be the boundary;

Where a district boundary divides a parcel, the location of the boundary, unless indicated by dimension, shall be determined by referencing the adopted Zoning Map and/or legal description of the approved Zoning Map amendment case for the exact dimensions; and

In case of an uncertainty, the Director shall determine the precise location of the zoning district boundary.

When a proposed land use is not specifically listed in Tables 2-2, 2-4, 2-6, and 2-8 (see Articles 4 through 7), it shall be understood that the use is not allowed unless it is first determined by the Director to be similar to other uses listed, or is approved in compliance with subsections (a) above or (c) below.

It is further recognized that every conceivable use cannot be identified in these Zoning Regulations, and anticipating that new uses will evolve over time, this subsection establishes the Director's authority to compare a proposed use and measure it against those listed in these Zoning Regulations.

In determining "similarity," the Director shall first make all of the following findings:

The proposed use shall be processed under the same entitlement (e.g., design review permit or conditional use permit) as the similar use(s) listed in the zoning district.

Permitted subject to compliance with all applicable provisions of these Zoning Regulations, subject to first obtaining a zoning clearance (Article 19) and any building permit or other permit required by the Municipal Code. Any permitted use in a commercial zone and any two-story structure in any zone require design review (Article 20). These are shown as "P" uses in the tables;

Allowed subject to the approval of a design review permit (Article 20) and shown as "DRP" uses in the table; or

Allowed subject to the approval of a conditional use permit (Article 24), and shown as "CUP" uses in the tables.

Was legally established and in compliance with these Zoning Regulations before destruction;

Reconstruction occurs in compliance with all applicable building, electrical, mechanical, and plumbing code requirements;

The use is compatible with other uses allowed in the zoning district and/or neighborhood; and

It receives an approved design review permit (unless exempt) in order to ensure effective implementation of the General Plan policies relating to design.

The work does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure; and

The exterior repairs employ use of the same materials and design as the original construction and are approved by the Director.

Any portion of a structure in existence, for which a valid building permit was issued prior to January 1, 2015.

Any portion of a structure which received planning approval prior to January 1, 2015.

Any flagpole, antenna, ornamental spire, chimney, or other building element less than four feet long each horizontal dimension.

Any utility pole and line.

Any portion of a structure for which a shadow plan is prepared and submitted by the applicant demonstrating that shadows cast by the portion of the structure at 9:00 a.m., noon, and 3:00 p.m. Pacific Standard Time on December 21st will:

Any single-story residential building whose base elevation is less than 15 feet.

Any residential building in a neighborhood for which a neighborhood plan or Specific Plan has been approved, if that neighborhood plan or Specific Plan includes solar access provisions specific to that neighborhood.

Any residential building on a lot exceeding 20,000 square feet for which the Planning Commission has granted a CUP granting greater heights after making the following findings:

The City Council may, by resolution, promulgate rules and regulations for the administration and interpretation of this section.

The City Council may, by resolution, promulgate rules and regulations for modification of the solar access height limitations where the modification is necessary to prevent unreasonable restriction.

Subject to the limitations of subsection (b)(2), properties within the VMU Zoning District may be occupied by any combination of uses allowed by Section 10-2.503 (Commercial and manufacturing district land uses and permit requirements), Table 2-4, and need not, as a requirement, be devoted to commercial or mixed-uses, in whole or in part.

Properties may only be devoted exclusively to commercial use when such properties: (i) adjoin one or more parcels similarly used for exclusive commercial purposes; or (ii) are used exclusively for offices (professional, administrative and real estate) or personal services as listed in Table 2-4. Properties may only be devoted to mixed-use when: (i) such properties adjoin one or more parcels similarly used for mixed-use or exclusive commercial purposes; or (ii) the commercial portion of the property is limited to offices (professional, administrative and real estate) or personal services as listed in Table 2-4. Exceptions to this requirement may be granted by conditional use permit subject to, and contingent upon, making the requisite findings set forth in Section 10-2.2406 (Findings and decision), including, without limitation, the requirement that: (i) the proposed use, at the location planned, is consistent with the action, goals, objectives and policies of the General Plan for the VMU Zoning District; (ii) the proposed use would be compatible with the character of existing uses in the surrounding neighborhood; and (iii) the site of the proposed use is physically suitable for the type and density/intensity of use being proposed. As used throughout this section, the term "mixed-use" means a property occupied by a minimum of one residential dwelling and not less than 25% or greater than 75% of total building area is devoted exclusively to commercial use.

Parking requirements within the VMU Zoning District shall be governed by the provisions of Title 10, Chapter 2, Article 14 (Parking and Loading Standards) except as follows: (i) for mixed-use properties where residential uses occupy up to but not in excess of 50% of total building area, a reduction in the number of required parking spaces may be granted subject to and contingent upon site-specific parking studies that account for shared uses conducted on the property; (ii) modification of design standards for mixed-use properties (e.g., covered and tandem parking) may be granted where such deviations are consistent with the pattern of development in the vicinity and are consistent with the use and operational characteristics of the mixed-uses; and (iii) all reductions and modifications in parking requirements within the VMU Zoning District, including the shared-use parking alternative for non-residential properties stipulated in Section 10-2.1406 (Reduction of parking requirements), shall be subject to design review and approval pursuant to Title 10, Chapter 2, Article 20 (Design Review Permits).

As set forth in Title 10, Chapter 2, Article 20 (Design Review Permits), all property within the VMU Zoning District is subject to design review. Unless or except otherwise governed by Design Guidelines expressly adopted for the VMU Zoning District pursuant to Section 10-2.2005 (Reference to design guidelines/policies), all projects shall be evaluated for adherence to the following design principles: (i) Context-new structures should employ materials, colors, textures, styles, building mass, and scale that are compatible with the architectural character and form of surrounding buildings, as appropriate; (ii) Continuity - buildings should be set back from the street consistent with the pattern of existing development located in the vicinity of the property; (iii) Scale - building forms should maintain a human scale at the street and an appropriate height transition to adjacent properties; and (iv) Architectural Design - high quality architectural design should be employed to avoid monotonous building elevations and create architectural interest. In specific regard to building mass, all projects shall be encouraged to stair-step elevations such that each floor above the first is set back from the floor below as depicted in Figure 1-1. Uncovered decks and balconies may occupy the setback area for each floor above the first and all openings on floors above the first that face a side yard should be designed so as to allow illumination while protecting privacy. As an alternative to stair-stepping elevations, projects may incorporate distinctive architectural features such as towers, turrets and colonnades that effectively compensate for monoplane building surfaces.

(Note: Overall Design Principles are depicted in Figures 1-1 and 1-2)

Each project subject to design review shall be evaluated for compliance with the General Plan policies that promote pedestrian or bicycle transportation modes and community interaction within the VMU Zoning District. Compliance shall be determined on a case-by-case basis by the decision-making body, taking into account the circumstances particular to each project, and may be achieved through any combination of land dedication, on- and off-site improvements, adherence to Master Pedestrian Circulation Plans or payment of in-lieu fees established by resolution of the City Council.

The basic allowance set forth in Table 2-5 defines maximum limits and may, at the discretion of the decision making body, be further reduced as part of the design review process in order to make necessary findings in support of project approval. Increases in the maximum limits appearing in Table 2-5 or other exceptions to requirements specified elsewhere in this section may be granted under the density bonus or planned development permit provisions of Title 10, Chapter 2, Articles 9 (Affordable Housing Requirements and Incentives) and 23 (Planned Development Permits), respectively. Issuance of a planned development permit is expressly subject to, and contingent upon, making the requisite findings set forth in Section 10-2.2307 (Findings and decision) including the requirement that: (i) the proposed development is consistent with the action, goals, objectives and policies of the General Plan for the VMU Zoning District; (ii) the proposed development would be compatible with the character of existing development in the surrounding neighborhood; and (iii) the site is physically suitable for the type and density/intensity of development being proposed.

Existing nonconforming buildings and uses within the VMU Zoning District may be continued subject to provisions of Title 10, Chapter 2, Article 13 (Nonconforming Uses, Structures, and Parcels), provided, at a minimum, that subsequent changes in use must comply with the location and parking requirements of Sections 10-2.504 (Commercial and manufacturing district general development standards), subsections (b)(2) and (b)(3), respectively.

Maximum building floor area. Maximum developable area ________ sf × maximum FAR (+) restricted lands. Additional square feet per subsection (b)(2) below, if any = maximum building floor area ________ sf.

The maximum building floor area available for development equals the above calculation less any existing area (in square feet) of development. If there is no existing building floor area, the available building floor area will be the same as the maximum building floor area.

Restricted lands. If restricted lands exceed the minimum required open space ratio, the excess land area may be used to increase the maximum building floor area, as calculated below:

Any land use normally allowed in the primary zoning district by Title 10, Chapter 2, Article 7 (Overlay Zoning Districts) may be allowed within an overlay district, subject to any additional requirements of the overlay district;

Development and new land uses within an overlay district shall obtain the land use permits required by Title 10, Chapter 2, Article 7 (Overlay Zoning Districts) for the primary zoning district; and

Development and new land uses within an overlay district shall comply with all applicable development standards and other requirements of the primary zoning district.

Limitation on site access points. A maximum of one ingress/egress shall be allowed for each site in the T-C-O overlay district, except that:

Driveway and on-site circulation design. Driveways and on-site vehicle circulation areas shall be designed as follows.

Right-turn lanes and tapers. Right-turn lanes and tapers shall be required as follows:

Driveway separation. The minimum required distance between driveways along a roadway subject to the provisions of this section shall be determined as a function of corridor design, safety, and operating speeds. The minimum required distance between driveways shall be as shown in Table 2-9.

Affordable housing. Dwelling units that are expressly reserved for persons and families of low and moderate income at a housing cost that is made available at an affordable rent or affordable purchase price. Unless a different meaning is apparent from the context or is specified elsewhere in this article, the following words and terms shall have the same meaning given or attributed to them in the California Health and Safety Code and in Title 25 of the California Code of Regulations: (i) adjusted income; (ii) annual income; (iii) housing cost; (iv) family; (v) household; (vi) persons and families of low and moderate income; (vii) household size adjustments; (viii) monthly adjusted income; (ix) monthly income; (x) operating expenses; (xi) affordable rent; and (xii) affordable owner-occupied housing cost.

Affordable housing agreement. A legally binding agreement between an applicant and the City, recorded as a covenant on the SPL site, to ensure that the requirements of Title 10, Chapter 2, Article 7 (Overlay Zoning Districts) are satisfied. The agreement, among other things, establishes the number, type, location and demographic distribution of affordable housing on the SPL site, along with reporting, monitoring and management responsibilities. The agreement and associated obligations shall be for a minimum duration of 55 years.

Senior housing. Affordable Housing 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 (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code Sections 51.2 and 51.3.

Housing element. The continuum of housing needs, goals, policies, quantified objectives, financial resources and scheduled programs for the preservation, improvement and development of housing adopted as part of the Ojai General Plan pursuant to Section 65580 et seq. of the California Government Code.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.

Overlay density. SPL sites may be developed with affordable housing up to a maximum of 20 units per acre pursuant to a zoning clearance issued in accordance with Title 10, Chapter 2, Article 19 (Zoning Clearance).

Lot consolidation incentive. If requested by the applicant for an Affordable Housing development, a density increase of 5% shall be granted in addition to any density bonus allowed pursuant to Section 10-2.907 (Density bonus) when two or more contiguous parcels within the SPL overlay are consolidated to create a single building site of at least 1.0 acre.

Design review. All affordable housing projects shall subject to design review as specified in Title 10, Chapter 2, Article 20 (Design Review Permits). In addition to the overarching guidelines set forth in Section 10-2.2004 (Standards), all affordable housing projects shall also be reviewed for compliance with sitespecific design parameters set forth in Table 2-11 above.

Environmental compliance. All affordable housing projects shall be subject to and conditioned upon adherence to mitigation measures prescribed in the Ojai Housing Element and companion Environmental Impact Report as set forth in City Council Resolution No. 12-53. Furthermore, as a mandatory component of the application process specified in Section 10-2.701 (Purpose of article), subsection (e), the following matters shall be addressed to the reasonable satisfaction of the Director:

Regulatory compliance. All affordable housing projects shall be subject to and conditioned upon adherence to all applicable land use policies and implementing regulations of the City. A policy and ordinance consistency analysis shall be performed by the Director in conjunction with design review pursuant to Section 10-2.704 (Special housing overlay (SPL) district), subsection (f)(1). Furthermore, as a mandatory component of the application process specified in Section 10-2.704 (Special housing overlay (SPL) district), subsection (e) and Title 10, Chapter 2, Article 18 (Application Filing and Processing), the following matters shall be addressed to the reasonable satisfaction of the Director:

Occupancy standards. The number and distribution of affordable housing (as a percentage of the total residential dwellings developed on each SPL site) shall comply with the following occupancy and income standards:

As a minimum: (i) 15% of the total number of dwellings shall be developed as affordable housing for very low income households; (ii) 15% of the total number of dwellings shall be developed as affordable housing for low income households; and (iii) 5% of the total number of dwellings shall be developed as affordable housing for moderate income households. Exceptions may be granted at the sole discretion of the City Council.

Affordable housing production. The affordable housing required under this section: (A) may either be rental or for-sale dwellings; (B) shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to non-restricted units developed on the same SPL site; and (C) need not have the same square footage or interior features of non-restricted units developed on the same SPL site so long as they are of good quality and are consistent with contemporary standards for new housing.

Affordable housing agreement. All affordable housing projects approved under Title 10, Chapter 2, Article 7 (Overlay Zoning Districts) shall be subject to and contingent upon execution and recordation of an affordable housing Agreement as a condition of the zoning clearance which, at a minimum, shall encompass the following elements:

By right requirement. A zoning clearance shall be issued for all affordable housing projects unless the project developer: (A) fails to provide the requisite information necessary to determine compliance under this Section; (B) is unable to provide evidence that the affordable housing project complies (or can be made to comply) with the requirements of Sections 10-2.704 (Special housing overlay (SPL) district), subsections (f)(2), (f)(3) and (g); or (C) fails to obtain a design review permit in compliance with Section 10-2.704 (Special housing overlay (SPL) district), subsection (f)(1).

Authority to deny. The authority to deny issuance of a zoning clearance or design review permit, or the imposition of conditions which would have the same effect, shall be governed by the provisions of California Government Code Section 65589.5. Both the Director and Planning Commission may defer their respective determination to the next highest decision making body. Decisions of both the Director and Planning Commission are appealable to the City Council pursuant to Section 10-2.3002 (Appeal of action).

Findings. Approval, conditional approval or denial of a zoning clearance (including appeals filed pursuant to Section 10-2.3002 (Appeal of action)) shall be accompanied with findings, supported by substantial evidence, that the action: (A) is justified on the basis of the standards, policies and conditions embodied in Section 10-2.704 (Special housing overlay (SPL) district), subsections (f) and (g); and (B) is consistent with the provisions of California Government Code Section 65589.5.