Ojai Municipal Code Art. 19 Zoning Clearances

The purpose of this article is to ensure that any construction or initiation or re-establishment of a legallyallowed use within a legally established (or a legal nonconforming) structure shall comply with these Zoning Regulations and all applicable provisions of the Municipal Code.

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

(a) The following shall not take place until a nondiscretionary zoning clearance has first been issued by the Director:

(1) Structure(s) shall not be erected (new or remodeled);

(2) Altered, repaired, vacant, or hereafter erected structure(s) shall not be occupied; or

(3) Change(s) in use of land or structure(s) shall not be inaugurated.

(b) An application for the clearance shall be filed with the Department in compliance with Section 10-2.1805

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

A zoning clearance shall be required for:

(a) A clearance for a structure which is to be erected or remodeled shall be filed in conjunction with the companion building permit application.

(b) A clearance for the use of vacant non-residential land or structure(s) shall be filed at least 14 days before the intended use inauguration.

(c) In order to provide for an expeditious development permit review/reconstruction process, which may only be available following the occurrence of a bona fide emergency (e.g., natural disaster), as determined by the Council, an emergency building permit and temporary zoning clearance may be issued by the appropriate City departments with adequate deposits/security required by subsection (d) of this section.

(d) A temporary zoning clearance may be issued by the Director allowing almost "immediate" construction or use of the structures, subject to the conditions imposed on the use, provided that a deposit/security is filed with the Department before the issuance of the temporary clearance. The deposit/security shall guarantee the faithful performance and completion of all terms, conditions, and performance standards imposed on the proposed structure or use. The form of the deposit/security shall be subject to the approval of the Director. The deposit/security shall be processed for return to the depositor following a determination by the Director that all of the terms, conditions and performance standards have been met and permanent occupancy has been granted.

(e) A zoning clearance for a new fence, wall or screening or replacement of a fence, wall, or screening pursuant to the standards within Sections 10-2.803 (Height measurement and exceptions), 10-2.804 (Setback measurement and exceptions), and 10-2.805 (Fences, walls, hedges. and screening).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 4, Ord. 910, eff. December 10, 2020)

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 30, Appeals.

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