Article 22 — Temporary Use Permits

The purpose of this article is to allow for short-term activities that would be compatible with adjacent and surrounding uses when in compliance with this article. (§ 3, Ord. 771, eff. February 13, 2004)

The following temporary uses are allowed, subject to the issuance of a temporary use permit within any nonresidential (e.g., commercial or manufacturing) zoning district. This article shall not apply to public park or public school sites, or other public property:

• (a) Christmas tree sale lots and Halloween pumpkin sales facilities; however, a permit shall not be required when the sales are in conjunction with a legally established commercial business, holding a valid business license, provided the activity may only be held from December 1 through December 31 of the same year for Christmas tree sales, and from October 1 through November 1 of the same year for Halloween pumpkin sales;

• (b) Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmers' markets, festivals, outdoor entertainment/sporting events, rodeos, and rummage sales. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax-exempt organizations in compliance with Section 501(c) of the Federal Internal Revenue Code. The time period for the event shall not exceed five consecutive days within any 90 day period. No more than three events shall be allowed at any one time within the City;

• (c) Car washes, limited to one event each month for each sponsoring organization, not exceeding one day in length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Internal Revenue Code;

• (d) Emergency public health and safety needs/land use activities;

• (e) Similar temporary uses which, in the opinion of the Director, are compatible with the subject zoning district and surrounding land uses.

• (§ 3, Ord. 771, eff. February 13, 2004)

The application shall be filed with the Department in compliance with Section 10-2.1805 (Application filing) A temporary use permit may be approved, modified, conditioned, or disapproved by the Director. The Director may defer action and refer the application to the Commission.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 68, Ord. 941, eff. November 10, 2023)

The Director shall review all applications and shall record the decision in writing with the

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City of Ojai, CA

PLANNING AND ZONING

§ 10-2.2204

§ 10-2.2205

findings on which the decision is based. The temporary use permit application shall be approved, with or without conditions, only if all of the following findings are made:

• (a) The design and layout of the proposed temporary use would:

  • (1) Be consistent with the actions, goals, objectives, and policies of the General Plan and the development and design standards/guidelines of the subject zoning district;

  • (2) Not interfere with the use and enjoyment of neighboring existing or future developments, and would not create traffic or pedestrian hazards; and

  • (3) Provide a desirable environment for its occupants and visiting public as well as its neighbors through good and proper aesthetic use of materials, texture, and color, and would be aesthetically appealing and retain an appropriate level of maintenance.

• (b) The proposed temporary use would not:

  • (1) Be detrimental to the public convenience, health, interest, safety, or welfare, or materially injurious to the properties or improvements in the immediate vicinity; or

  • (2) Substantially depreciate property values in the immediate vicinity or interfere with the use or enjoyment of property in the surrounding neighborhood.

• (c) The proposed project has been reviewed in compliance with the provisions of CEQA and/ or the City's environmental review procedures.

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 69, Ord. 941, eff. November 10, 2023)

In approving an application for a temporary use permit, the Director shall impose conditions which are deemed reasonable and essential to ensure that the permit would be in full compliance with the findings required by Section 10-2.2204. These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:

• (a) Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;

• (b) Regulation of nuisance factors, including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;

• (c) Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

• (d) Provision for sanitary and medical facilities, as appropriate;

• (e) Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

• (f) Provision for police/security and safety measures, as appropriate;

• (g) Regulation of signs;

• (h) Regulation of operating hours and days, including limitation of the duration of the temporary use;

• (i) Submission of a performance bond or other security measures, satisfactory to the Director,

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City of Ojai, CA § 10-2.2205

OJAI CODE

§ 10-2.2208

to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the event and that the property would be restored to its former condition, or better as determined by the Director;

• (j) A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of any/all required permits from any other department or governing agency; and

• (k) Other conditions which would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this article.

• (§ 3, Ord. 771, eff. February 13, 2004)

Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall continue to be used in compliance with these Zoning Regulations.

(§ 3, Ord. 771, eff. February 13, 2004)

The Director may revoke or modify a temporary use permit in compliance with Article 34 of this chapter with only a 24 hour notice.

(§ 3, Ord. 771, eff. February 13, 2004)

All applications shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Section 10-2.1805, Application Filing; Article 30, Appeals; and Article 34, Revocations and Modifications. (§ 3, Ord. 771, eff. February 13, 2004)

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City of Ojai, CA