Article 13 — Nonconforming Uses, Structures, and Parcels

• (a) The provisions of this article are intended to establish uniform provisions for the administration and orderly termination of legal nonconforming uses and structures in order to promote the public health, safety, and general welfare and to bring these uses and structures into conformity with the goals, policies, and objectives of the General Plan and any applicable specific plan.

• (b) It is the intent of these Zoning Regulations to discourage the long-term continuation of these nonconformities, providing for their eventual elimination, but to allow them to exist under the limited conditions identified in this article. Accordingly, nonconformities may be properly maintained, but generally not enhanced or expanded.

• (c) It is hereby declared that nonconforming uses and structures within the City are detrimental to both orderly and creative development and the general welfare of the citizens, and should therefore be eliminated without unduly infringing upon the constitutional rights of the affected property owners.

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

No property in the City shall be used for any purposes except those allowed in the zoning district in which the property has been classified.

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

Nonconformities may be continued subject to the following provisions:

• (a) No nonconforming use may be reestablished after having been abandoned or discontinued for at least 180 days. This discontinuance shall cause the use to be deemed to have ceased and the use shall not be reinstated or further continued unless specifically allowed by the Commission after a hearing in compliance with this article.

The discontinuance or abandonment of the active and continuous occupation or operation of the nonconforming use, or a part or portion thereof, for this period, is considered to be an abandonment of the nonconforming use, regardless of any reservation of an intent not to abandon or of an intent to resume active operations. If abandonment is evidenced by the actual removal of structures, machinery, furniture, equipment or other components of the nonconforming use, or where there are no business receipts or records (including a City business license, where applicable) available to provide evidence that the use is in continual operation, the abandonment shall be considered to be completed within a period of less than 180 days and all rights to reestablish or continue the nonconforming use shall terminate.

If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed. No nonconforming use may be established or replaced by another nonconforming use, except as provided by this article.

• (b) No nonconforming structure may be added to, structurally altered or enlarged in any

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City of Ojai, CA

PLANNING AND ZONING

§ 10-2.1303

§ 10-2.1305

manner, except as provided in subsection (f) below.

• (c) No nonconforming use occupying a conforming or nonconforming structure, or portion thereof, or occupying any parcel, shall be enlarged or extended into any other portion of the structure or parcel.

• (d) A nonconforming use of a portion of a nonconforming nonresidential center or complex may be replaced by another similar nonconforming use subject to the approval of a conditional use permit only if the Commission can make all of the following findings, in addition to those outlined in Article 24 of this chapter:

  • (1) The nonconforming use is similar to the uses originally allowed in the center or complex;

  • (2) The nonconforming use would not adversely affect or be materially detrimental to adjoining parcels and/or developments; and

  • (3) The use of the entire center or complex has not been vacant or discontinued for a period of 180 days.

• (e) Any nonconforming use which does not conform to the conditions outlined in this subsection shall be immediately abated, subject to the notice and hearing procedures described in Sections 10-2.1306 and 10-2.1307

• (f) Where a structure is nonconforming only by reason of inadequate setbacks, yard size or open space, structural additions, alterations, or enlargements of the existing structure(s) shall be allowed, provided the additions, alterations, or enlargements comply with these Zoning Regulations and standards relating to the structure's "building envelope" (e.g., setbacks, yards, heights and open space requirements) for the parcel or site. The Director may issue a zoning clearance in compliance with Article 19 of this chapter which would allow the new construction (e.g., additions, alterations, or enlargements) to be built in compliance with the previous or existing setbacks.

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

Nonconforming multi-family residential dwelling units, involuntarily damaged or destroyed due to a catastrophic event may be reconstructed or replaced with a new structure(s) using the same development standards applied to the damaged or destroyed structure(s) (e.g., building envelope, density/number of dwelling units, and footprint standards) without complying with the cost limitations identified in Section 10-2.1315. The new construction shall comply with the current City adopted Building and Fire Code requirements.

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

• (a) A nonconforming use may be ordered terminated by the Council, upon the recommendation of the Commission, within a period to be specified in the order, which order shall be issued only after a public hearing by the Commission upon 15 days' written notice to the nonconforming user, in compliance with Section 10-2.1306

• (b) If the nonconforming user has not made a substantial investment, or if the investment can

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City of Ojai, CA § 10-2.1305

OJAI CODE

§ 10-2.1308

be substantially utilized or recovered through a then allowed use, the order may require the complete termination of the nonconforming use within a minimum of 12 months after the date of the order.

• (c) In making its recommendation, the Commission shall consider the total cost of the property and improvements, the length of time of the use, the adaptability of the land and improvements to a then allowed use, the cost of moving and reestablishing the use elsewhere, and other related factors.

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

• (a) Upon determination that the provisions of this article apply to a given parcel of land, the Director shall send a notice by certified mail, return receipt requested, to the owner as shown on the current tax assessor's rolls, shall cause the property to be posted with a similar notice, and shall publish the notice at least once in a newspaper of general circulation.

• (b) The notice provided for in this section shall state the following:

  • (1) That the property in question has a nonconforming use;

  • (2) The date of abatement; and

  • (3) That the date of abatement may be appealed to the Commission within 30 days of the date indicated on the notice.

• (c) The City has no legal obligation to notify subsequent owners of the affected parcels of land. (§ 3, Ord. 771, eff. February 13, 2004)

The owner of any parcel upon which a nonconforming use is being maintained may appeal the time for abatement described in the notice provided in compliance with Section 10-2.1306 by submitting an appeal, on a form provided by the Director and accompanied by any required fee in compliance with Section 10-2.1806, within 30 days of the date indicated on the notice. (§ 3, Ord. 771, eff. February 13, 2004)

• (a) Within 60 days after receipt of an appeal, the Commission shall hold a public hearing to determine whether the nonconforming use should be abated as indicated in the notice, or whether a time extension should be granted in compliance with Section 10-2.1313

• (b) Notice of the hearing shall be provided in the same manner as the notice of abatement.

• (c) The Commission shall receive written and oral testimony at the hearing relating to the term of abatement.

• (d) At the close of the hearing, the Commission shall determine whether the nonconforming use should be abated, and whether the owner of the parcel can amortize the investment in the term for abatement provided in Section 10-2.1305, and if not, what term for abatement should be provided. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to a longer abatement period than

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City of Ojai, CA

PLANNING AND ZONING

§ 10-2.1308

§ 10-2.1312

provided for in Section 10-2.1305

• (e) The Commission shall also determine whether the nonconforming use can economically be used in its present condition or can successfully be modified for a purpose allowed by the zoning district in which it is located.

• (f) The Commission may require reasonable modifications or alterations to any nonconforming use to improve the nonconformity's appearance or compliance with these Zoning Regulations, the Municipal Code, or State law, except that any modification or alteration which would extend the useful life of the nonconformity is expressly prohibited, unless provided by Section 10-2.1303

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

The decision of the Commission, and the findings in support thereof, shall be in the form of a written order and shall be served upon the property owner personally or by certified mail, return receipt requested, within 10 days after the decision is rendered. The order shall be binding upon the owner, and the owner's successors, heirs, and assignees. (§ 3, Ord. 771, eff. February 13, 2004)

(§ 51, Ord. 941, eff. November 10, 2023)

• (a) Any interested person may appeal the decision of the Commission to the Council within 10 days of service of the order upon the owner. The appeal hearing shall be noticed in the same manner as the original hearing before the Commission.

• (b) The appeal shall be accompanied by any documents, information, and fee the Director deems necessary to adequately explain and to provide proper notification for the appeal. The appeal shall outline specifically and in detail the grounds for the appeal. The Council may refuse to consider issues not raised in the written appeal of the Commission's decision.

• (c) When an appeal has been accepted, the Director shall forward to the Council all documents and information on file pertinent to the appeal, together with the minutes or official action of the Commission, and a report on the basis of the decision and the appropriateness of the appeal.

• (d) The Council shall consider the appeal at a public hearing, including all information and evidence submitted with the original application, and any additional information and evidence the appellant may submit which the Council finds to be pertinent.

• (e) The action of the Council shall be to sustain, disapprove, conditionally sustain, or refer the appeal back to the Commission with direction(s), all in compliance with the same requirements and procedures that were applicable to the Commission.

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

At the conclusion of all hearings, notice of the decision and order of the Commission, or the

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City of Ojai, CA § 10-2.1312

OJAI CODE

§ 10-2.1315

Council in the case of an appeal, shall be recorded in the office of the County Recorder. (§ 3, Ord. 771, eff. February 13, 2004)

• (a) The Commission may grant an extension of the time for abatement of a nonconforming use where it finds that an unreasonable hardship would otherwise be imposed on the property owner.

• (b) The Commission shall base its decision as to the length of the allowed abatement period on any competent evidence presented, including the following:

  • (1) The nature of the use;

  • (2) The amount of the owner's investment in improvements;

  • (3) The convertibility of improvements to allowed uses;

  • (4) The character of the neighborhood;

  • (5) The detriment, if any, caused to the neighborhood by continuance of the nonconforming use;

  • (6) The amount of time needed to amortize the investment; and

(7) The depreciation schedule attached to the owner's latest Federal income tax return. (§ 3, Ord. 771, eff. February 13, 2004)

Any owner of a nonconforming use resulting only from Articles 2 through 7 of this chapter requiring a conditional use permit for the use shall apply for a conditional use permit within one year of receiving a notice from the Director. The notice shall state that the owner has one year to apply for the permit, and that if the owner does not apply, or if the permit is disapproved, an amortization period would be established in compliance with this article. A use in existence under a valid conditional use permit, which would not be allowable under current regulations, may continue as long as it remains in compliance with all of the conditions of the original approval.

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

• (a) Ordinary maintenance, repairs and alterations may be made to a nonconforming structure, provided that no structural alteration shall be made if the expense for the alteration exceeds 60% of the reasonable replacement value of the structure at the time the construction is proposed. Single-family residential structures shall be exempt from the provisions of this section.

• (b) Any nonconforming structure partially destroyed may be restored provided restoration is started within 180 days of the date of partial destruction and diligently pursued to completion. Whenever a nonconforming structure is damaged in excess of 60% of its reasonable replacement value at the time of damage, the repair or reconstruction of the structure shall conform with all of the current provisions and standards of the zoning

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City of Ojai, CA

PLANNING AND ZONING

§ 10-2.1315

§ 10-2.1318

district in which it is located and it shall be treated as a new structure.

Rebuilding or reconstruction required to reinforce non-reinforced masonry structures shall be allowed without replacement cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards.

• (c) Where any part of a nonconforming structure is acquired for public use, the remainder of the structure may be repaired, reconstructed, or remodeled, with the same or similar materials used in the existing structure.

• (d) Disagreements with the interpretation of the provisions of this section shall be heard and resolved by the Commission, subject to appeal to the Council. The burden of proof shall be on the owner to demonstrate that the cost of repairs is less than 60% of the reasonable replacement value of the structure.

• (e) Nothing in this section shall be construed to excuse any owner, occupant, or contractor from rebuilding or repairing any damaged structure in compliance with the requirements of the City Building Code, or any other health or safety requirements imposed by local, regional, State, or Federal law or regulation in effect at the time of the repair or rebuilding.

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

An existing legal nonconforming use may be minimally expanded subject to the granting of a conditional use permit in compliance with Article 24 of this chapter. The permit may be approved only if the Commission can make all of the following findings in addition to those listed in Section 10-2.2406;

• (a) The expansion is minimal as determined by the Commission;

• (b) The expansion would not adversely affect or be materially detrimental to adjoining properties;

• (c) There is a need for relief of overcrowded conditions or for modernization in order to properly operate the use; and

• (d) The use is existing and has not been discontinued for a period of 180 days.

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

A legal nonconforming use may be replaced by another nonconforming use subject to the granting of a conditional use permit in compliance with Article 24 of this chapter, provided that the substitute use is no more detrimental to the public welfare and to the property of persons located nearby than is the original nonconforming use. Thereafter, each successive replacement use shall be more restrictive than the previous use.

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

Any one of the following violations of these Zoning Regulations shall immediately terminate the right to operate a nonconformity, except as otherwise provided in this article:

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City of Ojai, CA § 10-2.1318

OJAI CODE

§ 10-2.1321

• (a) Changing a nonconforming use to a use not allowed in the zoning district;

• (b) The addition to a nonconforming use of another use not allowed in the zoning district; or

• (c) Increasing or enlarging the area, space, or volume occupied by or devoted to a nonconformity.

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

• (a) Uses and structures which did not comply with the applicable provisions of these Zoning Regulations or prior planning and zoning regulations when established are violations of these Zoning Regulations and are subject to the provisions of Article 35 of this chapter.

• (b) This article does not grant any right to continue occupancy of property containing an illegal use or structure.

• (c) The activity shall not be lawfully allowed to continue unless/until permits and entitlements required by these Zoning Regulations and the Municipal Code are first obtained.

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

Any nonconformity continuing beyond the date for abatement as established by Section 10-2.1305, or as extended by the Commission or Council is a public nuisance. In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the City.

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

A nonconforming parcel of record that does not comply with the access, area, or width requirements of these Zoning Regulations for the zoning district in which it is located, shall be considered a legal building site if it meets at least one of the criteria identified in subsection (a) below.

• (a) It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:

  • (1) The parcel was created through a subdivision approved by the City or by the County before annexation;

  • (2) The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;

  • (3) The parcel was approved through the variance procedure, in compliance with Article 26 of this chapter or resulted from a lot line adjustment; or

  • (4) The parcel was created in compliance with the provisions of these Zoning Regulations, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size was decreased not more than 25%, and the yard facing a public right-of-way was decreased not more than 50%.

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City of Ojai, CA

PLANNING AND ZONING

§ 10-2.1321

§ 10-2.1322

• (b) Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of these Zoning Regulations, or that makes the use of the parcel more nonconforming.

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

All uses shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Article 12, Landscaping Standards; Article 14, Parking and Loading Standards; Article 16, Sign Standards; Article 20, Design Review Permits; Article 22, Temporary Use Permits; Article 24, Conditional Use Permits; Article 25, Minor Variances; Article 26, Variances.

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

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City of Ojai, CA