Ventura Municipal Code Art. 1 In General

This chapter establishes the use classification system. The provisions of this chapter shall apply throughout this zoning ordinance.

This chapter classifies uses within a limited number of “use types” on the basis of common functional, product, impact, compatibility, or other relevant characteristics, thereby providing a basis for orderly regulation of uses in accordance with the public health, safety, and general welfare. Use types may be, in a similar manner, grouped into various “use type categories.” For example, the use type category of “Family Residential” includes, among others, the use types of “Family Residential: Caretaker” and “Family Residential: Large Multifamily.”

The classification system set forth in this chapter is intended to further the purposes of this zoning ordinance as set forth in Section 24.105.030. Any determination made by the director pursuant to this chapter shall be carried out in accordance with the purposes of this zoning ordinance as set forth in Section 24.105.030. Any determination made by the director pursuant to this chapter may be appealed to the city council in accordance with the appeal procedures in Chapter 24.565. (Code 1971, § 15.115.010; Ord. No. 2021-017, § 6, 12-13-21)

Only principal uses are included within the use classification system. The term “use” as used in this chapter refers to a principal use unless otherwise indicated. The director may determine whether a use is a principal or incidental use.

All proposed new or continuing uses shall be classified under one of the use types set forth in this chapter. Descriptions of use types in this chapter often include typical uses classified within that use type. These typical uses are examples only and are not meant to include all uses that may properly be classified within the use type.

Temporary uses are regulated by Chapter 24.120 and home occupations conducted as incidental uses are regulated by Chapter 24.125. (Code 1971, § 15.115.020)

All proposed new or continuing uses shall be classified within one of the use types described in this chapter beginning with Section 24.115.210. Any proposed new or continuing use which cannot be classified within one of the given use types is not permitted by this zoning ordinance. The listing of use types in this chapter is intended to be exhaustive so that the creation of new use types shall require an amendment to this zoning ordinance pursuant to Chapter 24.540. New use types may not be created by the director or by any other administrative action. Classification of proposed new or continuing uses within given use types shall be carried out as follows:

A. Administrative List of Uses. An administrative list of common uses and the use types into which they are classified shall be developed and maintained by the director of community development. The director may revise or amend the administrative list from time to time. If a proposed use is classified within a designated use type on that administrative list, or is classified within an appropriate use type pursuant to subsection B or C of this section, such a proposed use may be allowed, subject to all applicable regulations and standards, in a particular zoning district if the zoning district regulations set forth in Chapters 24.200 through 24.290 indicate the designated use type is allowed in that particular zoning district.

B. Classification of Proposed Uses. If a proposed use is not included on the administrative list of common uses, then a director’s permit shall be required to classify the proposed use within an appropriate use type. Classification of such proposed uses shall be carried out pursuant to the provisions of this chapter and Chapter 24.505.

Such proposed uses may be classified by the director within one of the given use types based upon the description of the use types, or upon the similarity of the proposed use’s characteristics to the typical uses listed in this chapter or other uses already classified within the use type, subject to the applicable provisions of subsection C of this section with respect to multiple uses.

The director may determine that: (1) the proposed use can be properly classified within one of the use types set forth in this chapter and classify the proposed use accordingly; or (2) the proposed use cannot be appropriately classified under a given use type, in which case the proposed use is not permitted by this zoning ordinance. No director’s permit may be issued for such a nonpermitted use and no such proposed use may be initiated or maintained.

C. Classification of Multiple Principal Uses. When more than one principal use is being conducted, or is proposed to be conducted, at a single site, the director may determine, in accordance with subsection B of this section, whether each principal use conducted on that single site is appropriately classified within the same use type or shall be appropriately classified under different use types. If any of the proposed uses are not listed on the administrative list of common uses, the director shall determine whether any such proposed uses can be classified within a given use type pursuant to subsection B of this section. If the director determines that any such proposed use cannot be appropriately classified under a given use type, such a proposed use is not permitted by this zoning ordinance. No director’s permit may be issued for such a nonpermitted use and no such proposed use may be carried out.

D. Capitalization of Use Types. The names of individual use types are intended to be capitalized throughout this zoning ordinance. (Code 1971, § 15.115.020)