Chapter 2 — PERMITS

No building permit shall be issued and no construction of any building shall be commenced in any subdivision for which the final map was recorded after August 13, 1948, unless and until written approval therefor has been given by the Architectural Board of Review or the Council pursuant to the procedures and standards. (Part I, Ord. 459, eff. September 21, 1972)

It is recognized that situations may exist or arise wherein it is impossible, impractical, oppressive, or unfair to the owner to require literal compliance with all of the requirements of Chapter 1 of this title and that a certain flexibility is necessary and desirable. In such situations the Council is authorized by resolution to grant specific variances and deviations from the literal requirements of Chapter 1 of this title.

(Part I, Ord. 459, eff. September 21, 1972)

No permit shall be issued with respect to any land which has been subdivided or with respect to any lot which has been divided in violation of any State law or any provision of this Code. (Part I, Ord. 459, eff. September 21, 1972)

No permit shall be issued with respect to any land which is not part of a lot as defined in Chapter 2 of Title 10 of this Code, which lot is immediately adjacent to and has direct access to a public street; provided, however, an exception to this prohibition may be authorized by the Council in any case in which the Council finds that adequate access to such land from a public street has been provided by permanent easements for the benefit of the owner of such land and for the benefit of public officers and employees acting within the scope of their public duties. (Part I, Ord. 459, eff. September 21, 1972)

No permit shall be issued for any commercial or multi-residential development in excess of three dwelling units until the applicant has first submitted a plot plan of the development to the Planning Commission, if so designated by the Planning Commission, and obtained the approval of the Commission for such plan. An applicant or other aggrieved person shall have the right to appeal to the Council any decision made by the Planning Commission pursuant to the provisions of this chapter. Such appeal shall be controlled by the provisions of Section 10-2.2002(e)(5) of this Code.

(Part I, Ord. 459, eff. September 21, 1972, as amended by § 9, Ord. 708, eff. April 27, 1995)

Whenever the Planning Commission or Council finds that any proposed improvement of use of property will cause an increase in vehicular or pedestrian traffic which will constitute a

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City of Ojai, CA § 9-2.06

OJAI CODE

§ 9-2.09

substantial burden upon existing streets and create a need for additional rights-of-way, street extensions, or other required improvements to meet the needs created by such proposed improvements or use, or whenever the Planning Commission or Council finds that the proposed improvements or use of property will create a need for on-site or off-site drainage, sewage, or other public facilities, the Planning Commission or Council may require, as a condition to the approval of such proposed improvements or use or the issuance of a building permit, that sufficient rights-of-way be dedicated and improvements be installed to meet such needs. (Part I, Ord. 459, eff. September 21, 1972)

(§ 1, Ord. 608, eff. July 28, 1983; repealed by § 1, Ord. 647, eff. June 25, 1987)

• (a) Enclosure required. Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than five feet in height, which shall be so constructed as not to have openings, holes, or gaps larger that four inches in any dimension, except for doors and gates. If a picket fence is erected or maintained, the vertical dimension between pickets shall not exceed four inches. A dwelling house or accessory building may be used as a part of such enclosure. A gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

• (b) Applicability. The requirements of this section shall be applicable to all new outdoor swimming pools constructed on or after December 24, 1958, and shall apply to all pools existing on December 24, 1958, which have a depth of more than 10 inches of water below the adjacent grade. No person in possession of land within the City upon which is situated an outdoor swimming pool having a depth of more than 10 inches of water below the grade shall fail to provide and maintain such enclosure as required by this section.

• (c) Variances. The Planning Director may make modifications of the requirements imposed by this section upon a showing of good cause with respect to the height, nature, or location of the fence, wall, gates, or latches or the necessity therefor provided the protection as sought by this section is not reduced thereby. The Planning Director may permit other protective devices or structures to be used as long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate, and latch described in this section.

• (§ 5, Ord. 649, eff. September 24, 1987)

All building permits shall expire and become null and void 180 days after their issuance; provided, however, that, if the holder of a building permit has made substantial progress toward completion of the building or structure under construction, at the discretion of the Building Official, such permit may be extended for two additional terms of 180 days each. Any requests for extension of a building permit beyond one and one-half years shall be made to and approved by the Planning Commission. All applications for extension of the term of a building permit shall be made prior to the expiration of the existing permit. For purposes of this section, the term "substantial progress" shall mean, in the case of the first 180-day extension, the satisfactory

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City of Ojai, CA

BUILDING REGULATIONS

§ 9-2.09

§ 9-2.11

completion of at least three of the five major inspections required by the Uniform Building Code during the progress of construction and at least four of such inspections in the case of the second 180-day extension.

(§ 5, Ord. 743, eff. March 10, 2000)

If, upon expiration of a building permit, construction of the building or structure which is the subject of the permit is not complete, including final inspection thereof, a new permit must be issued subject to all current rules, regulations and fees prior to re-commencement of construction.

(§ 5, Ord. 743, eff. March 10, 2000)

Any incomplete or partially completed building or structure for which no current building permit exists must be removed by the owner thereof and the property returned to its condition prior to the date construction was commenced. Any partially completed building or structure not removed by the owner, after notice to do so is given by the building inspector, shall be deemed to be a public nuisance and may be abated in accordance with the provisions of Chapter 6 of Title 5 of this Code.

(§ 5, Ord. 743, eff. March 10, 2000)

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City of Ojai, CA § 9-3.01

BUILDING REGULATIONS

§ 9-3.03