Article 25 — Minor Variances — Ojai Zoning Code

§ 10-2.2501. Purpose of article. ¶

(a) The purpose of Title 10 , Chapter 2 , Article 25 (Minor Variances) is to ensure that minor variances are only granted when, because of special circumstances applicable to the property, the strict application of these Zoning Regulations denies the property of privileges enjoyed by other property located nearby and in an identical zoning district and conditions are applied which would ensure that the minor variance shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located. A minor variance may be granted to secure an appropriate improvement to a parcel, to prevent unreasonable hardship (not including financial hardship), or to promote the uniformity of improvements.
(b) The authority to grant minor variances does not extend to use regulations; flexibility in use regulations is provided in Title 10 , Chapter 2 , Article 24 (Conditional Use Permits).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 78, Ord. 941, eff. November 10, 2023)

§ 10-2.2502. Application. ¶

An application for a minor variance shall be filed in compliance with Section 10-2.1805 . (§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2503. Applicability. ¶

(a) The Director may grant a minor variance application, governing only the development standards identified in Table 4-2.

Table 4-2 ALLOWABLE MINOR VARIANCES
Types of Minor Variances Allowed	Maximum Adjustment
1. Distance. A decrease in the minimum allowed distances between detached accessory structures and main structures.	15%
2. Fence heights. An increase in the maximum allowable height of a fence, hedge, or wall, in compliance with §10-2.805(Fences, hedges, walls, and screening).	20%
3. Parcel area. A decrease in the minimum required parcel area.	10%
4. Parcel coverage. An increase in the maximum allowable parcel coverage.	15%
5. Parcel width. A decrease in the minimum required parcel depth/width, only when the total parcel area requirements are met.	10%
6. Parking
A decrease in the number of required parking spaces, only when the total required number is 10 spaces or more. (The Director may waive only one space in cases where less than 10 spaces are required, but at least two spaces are provided.)	10%
A decrease in the minimum parking lot standards (e.g., aisle, driveway, and space widths).	10%
7. Setback areas
R-1, R-2, and R-3 Zoning Districts. A decrease in the required setback/yard areas (e.g., front, rear, and side).	10%
All other zoning districts. A decrease in the required setback/yard areas (e.g., front, rear, and side).	20%
8. Sign area. An increase in the maximum allowable sign area.	10%
9. Sign height. An increase in the maximum allowed sign height.	10%
Table 4-2 ALLOWABLE MINOR VARIANCES
---	---
Types of Minor Variances Allowed	Maximum Adjustment
10. Structure heights. An increase in the maximum allowable structure height, except for a second story addition in a residential zoning district which shall require the approval of a Variance.	10%
11. Others. The Director shall also be allowed to vary other standards including minor operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise.	15%

(b) Any minor variance request which exceeds the prescribed limitations identified in this article shall require the filing of a variance application in compliance with Article 26 of this chapter.
(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2504. Review. ¶

Each application shall be analyzed to ensure that it is consistent with the purpose of Title 10 , Chapter 2 , Article 25 (Minor Variances) and the City's CEQA guidelines. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and approval by the Director.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 79, Ord. 941, eff. November 10, 2023)

§ 10-2.2505. Hearings and notice. ¶

A public hearing shall not be required for a Director's decision on a minor variance. However, a notice of the Director's pending decision on a minor variance shall be mailed at least five days before the Director's scheduled decision to the adjoining property owner(s) likely to be most affected by the application, as determined by the Director.

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

§ 10-2.2506. Findings and decision. ¶

The Director shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with State law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The Director may defer action and refer the application to the Commission. The Director may approve an application in whole or in part, with conditions, only if all of the following findings are made:

(a) There are special circumstances applicable to the property, including location, shape, size, surroundings, or topography so that the strict application of these Zoning Regulations denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;
(b) Granting the minor variance:
- (1) Is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the minor variance is sought;
- (2) Would not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;
- (3) Does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;
- (4) Does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and
- (5) Would not be inconsistent with the General Plan; and
(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 § 80, Ord. 941, eff. November 10, 2023)

§ 10-2.2507. Precedents. ¶

Each application is reviewed on a case-by-case basis and the granting of a prior minor variance is not admissible evidence for the granting of a new minor variance. (§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2508. Burden of proof. ¶

The burden of proof to establish the evidence in support of the findings as required by Section 10-2.2506 is the responsibility of the applicant.

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

§ 10-2.2509. Minor variance expiration. ¶

(a) Within 180 days of minor variance approval, the variance shall be exercised in compliance with Article 32 of this chapter or the variance shall be deemed void.
(b) If the application for the minor variance also involves the approval of a tentative map, the minor variance shall be exercised before the expiration of the companion tentative map.
(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2510. Time extension. ¶

The Director may, upon an application being filed before expiration and for good cause, grant a one time extension not to exceed 180 days, in compliance with Title 10 , Chapter 2 , Article 32 (Time Limits and Extensions).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 81, Ord. 941, eff. November 10, 2023)

§ 10-2.2511. Use of property before final decision. ¶

No permit shall be issued for any use involved in an application for a minor variance until and unless the same shall have become final in compliance with Section 10-2.2910 . (§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2512. Performance guarantee. ¶

The applicant and/or owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed by the Director. (§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2513. Revocation. ¶

The Director may revoke or modify a minor variance in compliance with Title 10 , Chapter 2 , Article 34 (Revocations and Modifications).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 82, Ord. 941, eff. November 10, 2023)

§ 10-2.2514. Applicable regulations. ¶

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 29 , Public Hearings; Article 30 , Appeals; Article 31 , Changes to an Approved Project; Article 32 , Time Limits and Extensions; and Article 34 , Revocations and Modifications.

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