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Home My WebLink AboutORD NO 3012ORDINANCE NO. 3012 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.57 TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO METAL STORAGE CONTAINERS. BE IT ORDAINED by as follows: the Council of the City of Bakersfield SECTION 1. Chapter 17.57 is hereby added to Title 17 of the Bakersfield Municipal Code to read as follows: Chapter 17.57 METAL STORAGE CONTAINERS Sections: 17.57.010 17.57.020 17.57.030 17.57.040 17.57.050 17.57.060 17.57.070 17.57.080 Purpose and findings. Definitions. Emergency use. Use in conjunction with construction project. Permitted use in C-l, C-2, M-1 and M-2 zones. Uses permitted subject to conditional use permit. General regulations. Amortization period for and removal of noncon- forming uses. 1'7.57.010 Purpose and findings. Placement of metal storage containers on lots within the City for use as storage facilities constitutes a use of such structures other than that for which they were designed and intended. such placement, except for emergency purposes or in conjunction with construction projects as allowed hereinbelow, may negatively impact upon aesthetics of the neighborhoods in which they are placed or discourage investment in permanent improvements in such neighborhoods. Metal storage containers may, however, reasonably be utilized to provide alternative per- manent storage facilities if their potentially blighting influ- ences and other potential adverse impacts are mitigated. The regulations set forth in this chapter are intended to accomplish such mitigation. 17.57.020 Definition. "Metal storage container" means any structure of 120 square feet or more designed to carry cargo to be shipped by truck or rail and designed to I.S.O. Standard 668-1979(E) or equivalent, or any "roll-off" storage bin with a fixed cover. 17.57.030 Emergency use. Metal storage containers may be permitted in any zone for a period not to exceed ninety (90) days for emergency storage, subject to approval by the Building Director of the sit- ing of such structures on the lot or parcel. The Building Director's decision may be appealed to the Planning Commission. For purposes of this section, emergency storage is storage neces- sitated by damage to or destruction of another structure on the same parcel or a contiguous parcel by fire, flood, earthquake, accident or similar occurrence. 17.57.040 Use in conjunction with construction project. Metal storage containers may be permitted in any zone for use as storage facilities in conjunction with construction projects. Any such container shall be removed immediately upon issuance of a certificate of occupancy for the constructed pro- ject or upon expiration of the building permit issued for such project. In no event shall such use exceed twenty-four (24) months in duration. 17.57.050 Permitted use in C-l, C-2, M-1 and M-2 zones. A. Subject to approvals of site plans and building per- mits therefor, and subject to the regulations set forth in this chapter, metal storage containers, as accessory uses, are permit- ted in any C-1 (limited Commercial), C-2 (Commercial), M-1 (Light Manufacturing) and M-2 (General Manufacturing) zone. B. In the C-1 and C-2 zones, such permitted use shall not exceed 400 square feet of metal storage container per lot or parcel, nor shall the ratio of square footage of metal storage containers to the area of the lot or parcel exceed one to fifty, except that a single such structure not exceeding 160 square feet, or on a lot of 10,000 or more square feet, a maximum of two such structures not exceeding a cumulative 320 square feet, shall 2 be permitted regardless of lot or parcel size, provided that yard, setback, and parking requirements and the requirements and conditions set forth in this chapter are satisfied. C. In the M-1 and M-2 zones, such permitted use shall not exceed 1,300 square feet of metal storage container per lot or parcel, nor shall the ratio of square footage of metal storage containers to the area of the lot or parcel exceed one to fifty, except that a single such structure not exceeding 160 square feet, or on a lot of 10,000 or more square feet, a maximum of two such structures not exceeding a cumulative 320 square feet, shall be permitted regardless of lot or parcel size, provided that yard, setback, and parking requirements and the requirements and conditions set forth in this chapter are satisfied. D. For purposes of this chapter, a shopping center or other coordinated development shall be considered a single lot or parcel. 17.57.060 Uses permitted subject to conditional use permit. A. Subject to the limitation that the ratio of square footage of metal storage container(s) to the area of any lot or parcel not exceed one to fifty, metal storage containers, as accessory uses, may be permitted in any R-S (Residential Suburban) and A (Agricultural) zone by conditional use permit. B. Subject to the limitation that the ratio of square footage of metal storage container(s) to the area of any lot or parcel not exceed one to fifty, additional square footage of metal storage containers above that permitted by subsections B and C of Section 17.57.050 may be permitted by conditional use permit. 17.57.070 General regulations. A. Except on property zoned M-1 or M-2, no metal stor- age container shall be located within any front yard or street side yard. On property zoned M-1 or M-2, and used for purposes 3 identified in Section 17.28.020 B. 3., 6., 8., 9., 12., 13., 17., 20., 21., 22., 23., 24., 25., 26., 27., 28., 29., 30., or 32. (except 32. f.), in Section 17.28.030 (except subsections F. and L.), in Section 17.30.020 B. (except B. 55.) or in Section 17.30.030, metal storage containers otherwise permitted and in conformance with the requirements of this chapter may be located in a front yard or street side yard. Each metal storage con- tainer shall be set back a minimum of thirty (30) feet from any property line abutting any public or private street. These regu- lations may be modified as to any specific proposed location upon application to the Board of Zoning Adjustment in accordance with Chapter 17.64 of this title. The decision of the Board of Zoning Adjustment may be appealed in accordance with the provisions of that chapter. B. Each metal storage container shall be painted a neutral, earth-tone, site-compatible color. C. If four hundred (400) square feet or more of metal storage container(s) is located on any lot or parcel, the appli- cant must provide, at his option, either an engineered perimeter foundation or a concrete slab foundation for each and every such container on such lot or parcel. D. In no event may a metal storage container be used for office, residence or other purpose involving human occupancy. E. A maximum of one sign, not exceeding two square feet in area, shall be permitted on each metal storage container. F. If any lot or parcel where a metal storage container is proposed to be located lies within three hundred (300) feet of any residentially zoned property or ninety (90) feet of property in any C-O (Commercial and Professional office) zone, the Planning Director is hereby delegated authority and responsibil- ity to determine whether, considering the aesthetic impact upon the neighborhood and such potential mitigating alternatives as screening of the site of the proposed metal storage container, locating one or more metal storage containers on the lot or par- cel is consistent with the public welfare. He may deny, limit or condition such site plan. The Planning Director's decision may be appealed in accordance with Chapter 17.53. Where this subsec- tion applies, no site plan shall be approved or any building per- mit issued for location of any metal storage container on such lot or parcel unless consistent with the decision of the Planning Director. 17.57.090 Amortization period for and removal of non- conforming uses. Any metal storage container which is a legal noncon- forming use upon the effective date of the ordinance adopting this section, i.e., which is located on an approved foundation and for which a building permit has been issued, shall be removed or brought into conformance with the provisions of this chapter within two years of such date. SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing ordinance was passed and adopted by the Council of the city of Bakersfield at a regu- lar meeting thereof held on the 8th day of January , 19~6_, by the following vote: CITY CLERK and Ex officio Clerk of the Council of the city of Bakersfield APPROVED this 8th day of January , 198__6 MAYOR of the city of rsfield APPROVED as to form: CITY ATTORNEY of the city of Bakersfield AJS/bl O.METL 6 Affihau ! of [ostmg rhman es STATE OF CALIFORNIA t ss. County of Kern CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on January 10 , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on Janaury 8 , 19 86 , which ordinance was numbered 3012 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.57 TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO METAL STORAGE CONTAINERS. Subscribed and sworn to before me this ~ ',~1~ ,O~rA FAY GAF[OR,D