Article 6 — Ojai Municipal Code

§ 9-9.601. Appeal Board.¶

(a) The Planning Commission shall hear and decide appeals and requests for variances from the requirements of this chapter.
(b) The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
(c) Applications for variances shall be submitted in writing to the Planning Department with the required fee. The applicant shall be responsible for providing all of the necessary information as determined by the City.

In passing upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, the standards specified in other sections of this chapter, and:

(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damages and the effect of such damages on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for such area;
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site;
(11) The costs of providing governmental services during and after flood conditions, including the maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water systems, and streets and bridges; and
(12) Any other inspection deemed necessary by the City.
(d) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level provided the factors of subsection (c) of this section have been considered. As the lot size increases beyond one-half acre, the

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

City of Ojai, CA § 9-9.601

OJAI CODE

§ 9-9.602

technical justification required for issuing the variance shall increase.

(e) Upon the consideration of the factors of subsection (c) of this section and the purposes of this chapter, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(f) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(§ 1, Ord. 655, eff. May 19, 1988)

§ 9-9.602. Conditions for variances.¶

(a) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in this section.
(b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d) Variances shall only be issued upon:
- (1) A showing of good and sufficient cause;
- (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
- (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to the public safety, extraordinary public expense, create nuisances, cause fraud on or the victimization of the public, or conflict with existing local laws.
(e) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided the provisions of this section are satisfied and that the structure or other development is protected by methods which minimize flood damages during the base flood and create no additional threat to the public safety.
(f) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(§ 1, Ord. 655, eff. May 19, 1988)

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

City of Ojai, CA

BUILDING REGULATIONS

§ 9-9.701