Article 3 — Development and Land Use Approval Requirements

Ojai Municipal Code · 2026-07 edition · updated 2026-09-27 · Ojai

§ 10-2.301. Purpose of article.¶

This article describes the City's requirements for the approval of proposed development and new land uses. The permit requirements established by these Zoning Regulations for specific land uses are in Articles 4 through 7, and in Articles 8 through 17. (§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.302. General requirements for development and new land uses.¶

All uses of land and/or structures shall be established, constructed, maintained, reconstructed, altered, or replaced in compliance with the following requirements.

(a) Allowable use. The use of land shall be identified by Title 10, Chapter 2, Articles 4 (Residential Zoning Districts), 5 (Commercial and Manufacturing Districts), 6 (Special Purpose Zoning Districts), and 7 (Overlay Zoning Districts) as being allowable in the zoning district applied to the site. The Director may determine whether a particular land use is allowable.
(b) Permit/approval requirements. Any land use permit or other approval required by Section 10-2.303 (Allowable land uses and permit requirements) shall be obtained before a proposed use and/or structure is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 10-2.304 (Exemptions from land use permit requirements).
(c) Development standards. The use of land and/or structure shall comply with all applicable requirements of these Zoning Regulations, including the zoning district standards of this article, and the provisions of Title 10, Chapter 2, Articles 8 (Property Development Standards), 9 (Affordable Housing Requirements and Incentives), 10 (Creekside Development Standards), 11 (Hillside Development Standards), 12 (Landscaping Standards), 13 (Nonconforming Uses, Structures, and Parcels), 14 (Parking and Loading Standards), 15 (Recycling Facilities), 16 (Sign Standards), 16.5 (Exterior Lighting Standards), and 17 (Standards for Specific Land Uses).
(d) Conditions of approval. The use of land and/or structures shall comply with any applicable conditions of approval imposed by any previously granted land use or other approval.
(e) Legal parcel. The use of land and/or structures shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and Title 10, Chapter 3 (Subdivision Regulations), as applicable at the time the parcel was created.
(f) Development agreements. The use and/or structures shall comply with any applicable Development agreement approved by the City in compliance with Title 10, Chapter 2, Article 28 (Development Agreements).
(§ 3, Ord. 771, eff. February 13, 2004 , as amended by § 6, Ord. 941, eff. November 10, 2023)

§ 10-2.303. Allowable land uses and permit requirements.¶

The uses of land allowed by these Zoning Regulations in each zoning district are identified in Articles 4 through 7, together with the type of land use permit required for each use.

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

PLANNING AND ZONING

§ 10-2.303

(a) Allowable land uses by conditional use permit. If a proposed land use is not specifically listed in Tables 2-2, 2-4, 2-6, and 2-8 (see Articles 4 through 7), the use shall only be allowed if the Commission can first find the use not more objectionable or detrimental to the general welfare or, in a specific case, not more objectionable or detrimental to a particular area of the zoning district than the uses enumerated in the tables, through the granting of a conditional use permit, in compliance with Article 24, or as provided in subsections (b) and (c) below.
(b) Similar uses allowed—Director determination.
- (1) 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.
- (2) 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.
- (3) In determining "similarity," the Director shall first make all of the following findings:
  - (A) The proposed use shall meet the intent of and be consistent with the goals, objectives, and policies of the General Plan;
  - (B) The proposed use shall meet the stated purpose and intent of the zoning district in which the use is proposed;
  - (C) The proposed use shall not adversely affect the public health, safety, and general welfare of the City's residents; and
  - (D) The proposed use shall share characteristics common with, and not be of greater density/intensity, or generate more adverse environmental effects than those uses listed in the zoning district in which the use is proposed.
- (4) 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.
(c) Similar uses allowed—Commission determination. Where clarification is required or special conditions exist, a desired use may be submitted for Commission determination (Article 33).
(d) Permit requirements. Tables 2-2, 2-4, 2-6 and 2-8 provide for land uses that are:
(1) 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;
- (2) Allowed subject to the approval of a design review permit (Article 20) and shown as "DRP" uses in the table; or
- (3) Allowed subject to the approval of a conditional use permit (Article 24), and shown

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA § 10-2.303

OJAI CODE

§ 10-2.305

as "CUP" uses in the tables.

(e) Multiple uses on a single site. Where a proposed project includes multiple land uses, and Tables 2-2, 2-4, 2-6, and 2-8 require different land use permits for some of the uses, land use permit application filing and processing shall comply with Section 10-2.1802.
(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.304. Exemptions from allowed use permit requirements.¶

The land use permit requirements of these Zoning Regulations do not apply to the activities, uses of land and/or structures identified by this section. However, nothing in this section shall eliminate the requirements of the Municipal Code for obtaining grading, building, and/or other construction permits prior to starting any work.

(a) Governmental facilities. Facilities of the City and facilities of the State or Federal Government on land owned or leased by a governmental agency, for governmental operations, to the extent that exemption is required by State or Federal law and facilities of the Ojai Unified School District to the extent such facilities are directly related to educational purposes.
(b) Interior remodeling. Interior alterations that do not increase the gross floor area within the structure, or change the approved use of the structure or parking requirements.
(c) Reconstruction of destroyed uses and structures. A use of land and/or structure destroyed by fire or natural disaster may be re-established as it existed, provided that it:
- (1) Was legally established and in compliance with these Zoning Regulations before destruction;
- (2) Reconstruction occurs in compliance with all applicable building, electrical, mechanical, and plumbing code requirements;
- (3) The use is compatible with other uses allowed in the zoning district and/or neighborhood; and
- (4) It receives an approved design review permit (unless exempt) in order to ensure effective implementation of the General Plan policies relating to design.

See Section 10-2.1315 (Termination of nonconforming uses) regarding repairs to nonconforming structures.

(d) Repairs and maintenance . Ordinary repairs and maintenance, if:
- (1) 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
- (2) The exterior repairs employ use of the same materials and design as the original construction and are approved by the Director.
(§ 3, Ord. 771, eff. February 13, 2004 , as amended by § 7, Ord. 941, eff. November 10, 2023)

§ 10-2.305. Requirements for sites divided by zoning boundary.¶

Where a site is divided by one or more zoning district boundaries, the site shall be developed in compliance with the requirements of each district, as applicable. For example, if a site is zoned

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

PLANNING AND ZONING

§ 10-2.305

§ 10-2.307

both commercial and residential, the portion of the site zoned commercial shall be developed in compliance with the commercial zoning regulations, and the portion zoned residential shall be developed in compliance with the requirements of the applicable residential district. (§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.306. Temporary uses.¶

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Title 10, Chapter 2, Article 22 (Temporary Use Permits).

(§ 3, Ord. 771, eff. February 13, 2004 , as amended by § 8, Ord. 941, eff. November 10, 2023)

§ 10-2.307. Additional permits and approvals may be required.¶

An allowed land use that has been granted a land use permit, or is exempt from land use permit requirements, may still be required to obtain other City permits or approvals before construction is commenced, and/or the land use is otherwise established and put into operation. Nothing in this article shall eliminate the need to obtain any permits or approvals required by:

(a) Other Municipal Code provisions, including Building and Grading, or other construction permits if they are required by Title 9 or a business license if required by Title 6; or
(b) Any applicable County, or any regional, State or Federal agency regulations. (§ 3, Ord. 771, eff. February 13, 2004)

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

Get a plain-English answer with a citation back to this text.

Ask AI about this code

Export this section

▸Contents — Ojai Municipal Code

Ojai Municipal Code