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HomeMy WebLinkAboutORD NO 3038ORDINANCE NO. 3038 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING SECTIONS 17.60.050, 17.60.140 C., 17.60.150 B., 17.60.160 A.2.a., 17.60.160 B., 17.60.170 A.2.a., 17.60.170 B., 17.60.190 C., 17.60.210 B. AND C., AMENDING SECTIONS 17.60.020 A., 17.60.070 A. AND P., 17.60.080 D., 17.60.110 N., 17.60.140 A.4., 17.60.150 A.3.a., 17.60.200 A. AND C., 17.60.260 C.4., F.i., F.3., H., I., AND J., AND ADDING SECTIONS 17.60.160 A.4.f., 17.60.170 A.4.f., AND 17.60.255 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO SIGNS. follows: BE IT ORDAINED by the Council of the City of Bakersfield as SECTION 1. Sections 17.60.050, 17.60.140 C., 17.60.150 B., 17.60.160 A.2.a., 17.60.160 B., 17.60.170 A.2.a., 17.60.170 B., 17.60.190 C., and 17.60.210 B. and C., of the Bakersfield Municipal Code are hereby repealed, effective as of July 14, 1986. SECTION 2. Section 17.60.020 A. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.60.020 Compliance required - Fees. A. No sign shall be painted, placed, pasted, posted, printed, tacked, fastened, constructed, erected, installed, or otherwise permitted or maintained except pursuant to permit therefor issued by the Building Director in accordance with the requirements of this chapter and Chapter 15.36 of this Code. SECTION 3. Section 17.60.070 A. and P. of the Bakersfield Municipal Code are hereby amended to read as follow: 17.60.070 General prohibitions and restrictions. A. No signs shall be erected, installed or maintained in the City unless such signs are specifically permitted under the provisions of this chapter or said signs comply with the regulations established in Section 17.60.260 relating to nonconforming signs. Such prohibition shall apply to the number of signs on any parcel or premises, to the location of such signs on the parcel or premises, to the height or ground clearance of such signs and to the type, illumination and maintenance of all such signs. Such prohibited signs shall be subject to abatement or injunction under Section 17.60.270.. P. Whenever in this chapter freestanding signs are permitted, no such permitted sign shall project over public property or any public right-of-way. Section 17.60.080 D. SECTION 4. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.60.080 Specific prohibition. D. Moving and rotating signs, except for rotating barber poles, and signs indicating time of day, and/or temperature. SECTION 5. Section 17.60.110 N. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.60.110 Permitted in R-S, R-S-1A, R-S-2½A, R-S-5A, R-S-10A, and R-1 districts. N. Signs permitted subject to Building Director review and approval are as follows: a subdivision or neighborhood identification sign installed at or near the entrance to the subdivision or Such sign may be a monument sign or sign installed on a neighborhood. masonry wall. SECTION 6. Section 17.60.140 A.4. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.60.140 Permitted in C-O district. A.4. One freestanding identification sign for each developed parcel of property, not exceeding thirty-two square feet in area nor a height of twenty feet; no freestanding sign shall project over public property or any public right-of-way; if the only freestanding signs on the property are monument signs, as many as four such signs are permitted along each street frontage, subject to the limitations that no such sign shall be within 50 feet of any other such sign, no such -2- sign shall be within 25 feet of an interior side lot line, and no single business, occupant, or activity shall be identified on more than one such sign per street frontage. SECTION 7. Section 17.60.150 A.3.a. of the Bakersfield Municipal Code is hereby amended to read as follows: 17.60.150 Permitted in C-1 district. A.3.a. One freestanding identification sign for each street frontage of a developed parcel of property not exceeding one hundred[ fifty square feet in area and which does not project over public property or any public right-of-way, and is located not less than twenty-five feet from an adjoining interior lot line; if the only freestanding signs on the property, other than a shopping center identification sign, are monument signs, as many as four such signs are permitted along each street frontage, subject to the limitations that no such sign shall be within 50 feet of any other such sign, no such sign shall be within 25 feet of an interior side lot line, and no single business, occupant, or than one such sign per street Sections 17.60.200 A. activity shall be identified on more frontage. SECTION 8. and C. of the Bakersfield Municipal Court is hereby amended to read as follows: 17.60.200 Permitted in CC district. A. Signs may be permitted by the Planning Commission in accordance with the conditions, limitations and criteria established. in this chapter. A separate application for signs under Chapter 17.40 shall not be required. C. The Planning Commission shall consider all relevant matter presented by the applicant, including all of the relevant factors set forth in Section 17.60.010, the report and recommendation of the Planning Director and other matters required in this chapter to be considered, and may approve, conditionally approve or disapprove the application. Required permits shall be withheld by the Building Director pending final decision of the Planning Commission. -3- SECTION 9. Sections 17.60.260 C.4., F.i., F.3., H., I., and J. of the Bakersfield Municipal Code are hereby amended to read as follows: 17.60.260 Nonconforming signs. C.4. Was lawfully in existence and in use within the City on the effective date of any amendment of this chapter, the zoning regulations contained in this title or other provision of this Code, making such sign nonconforming. For the purposes of this section only, a nonconforming sign exceeding the height or area restrictions contained in this chapter by no more than five percent shall be deemed to conform with the provisions of this chapter limiting height and area. F.1. There is a change in ownership of the property; inheritance by a member of a deceased owner's family shall not be deemed to constitute a change of ownership. F.3. The property is rezoned, subdivided or parceled or the real property upon which the sign is located is severed from the real property upon which the business or primary use of the entire parcel is located, by lease, lease-back, or any other arrangement, method, devise or scheme which would otherwise circumvent the intent of this Section. H. Notwithstanding subsection G. of this section, any nonconforming sign as defined in this section, and any sign allowed by special sign permit requiring removal on or before July 14, 1986, may remain in place and need not conform to the requirements of this chapter, subject to removal or conformance upon occurrence of any of the events specified in subsection F. of this section, provided the owner of the property upon which the sign is located obtains an annual, renewable, conditional sign permit therefor prior to July 14, 1986, and obtains a renewal of such permit prior to any expiration thereof. 1. Application for such permits shall be made on forms prescribed by the Building Director, shall be accompanied by a ten dollar ($10) processing fee, and shall be made prior to July 14, 1986, -4- and prior to the expiration date of any permit theretofore granted, and each application so made shall be granted. 2. Each conditional sign permit, and each renewal thereof, shall be filed for recordation with the County Recorder. I. Each such sign determined by the Building Director to be of historical significance, in accordance with criteria established by the City's Historical Preservation Commission, shall be exempt from the removal and conformance requirements of this chapter. J. Nothing in this chapter shall be construed as authority for the City to remove without just compensation those signs which, under the California Outdoor Advertising Act, are subject to removal with compensation to the owner. SECTION 10. Section 17.60.160 A.4.f. is hereby added to the Bakersfield Municipal Code to read as follows: 17.60.160 Permitted in C-2 district. A.4.f. If the only freestanding signs on the property, other than a shopping center identification sign, are monument signs, as many as four such signs are permitted along each street frontage, subject to the limitations that no such sign shall be within 50 feet of any other such sign, no such sign shall be within 25 feet of an interior side lot line, and no single business, occupant, or activity shall be identified on more than one such sign per street frontage. SECTION 11. Section 17.60.170 A.4.f. is hereby added to the Bakersfield Municipal Code to read as follows: Section 17.60.170 Permitted in M-1 and M-2 districts. A.4.f. If the only freestanding signs on the property, other than a shopping center identification sign, are monument signs, as many as four such signs are permitted along each street frontage, subject to the limitations that no such sign shall be within 50 feet of any other such sign, no such sign shall be within 25 feet of an interior side lot line, and no single business, occupant, or activity shall be identified on more than one such sign per street frontage. -5- SECTION 12. Section 17.60.255 is hereby added to the Bakersfield Municipal Code to read as follows: 17.60.255 Location requirements and constraints, etc. - Building Director discretion. The Building Director may exercise his discretion to grant exceptions to the location requirements of this chapter where he determines that strict application of provisions relating to the twenty-five foot minimum setback from interior side lot lines or off-premises location of directional signs is unnecessary to achieve the purposes of this chapter. He shall also have the discretion, where he determines that strict application of the provision of this chapter is unnecessary to achieve the purposes of this chapter or would work a hardship, to allow signage of properties having no street frontage, which signage shall not exceed the maximum signage which would be allowable in the zone in which the property is located were the average exterior dimension of the property street frontage, and to allow signs with moving print messages. SECTION 13. 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 .......... -6- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 7th day of May , 198--6, by the following vote: CITY E~RK an d~Ex/C~f f i c~~ o C~le r~e Council of the City of Bakersfield APPROVED this 7th day of May , 1986 MAYOR of the City of Bakersfield APPROVED as to form: C~TY AT~RNEY of,/~he City of Bakersfield 4:AJS/mro O-SIGNS1 -7- AMihaut! of os tng 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 May 14 , 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 Mav 7 , 19 86 , which ordinance was numbered 3038 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING SECTIONS17.60.050, 17.60.140 C., 17.60.150 B., 17.60.160 A.2.a., 17.60.160 B., 17.60.170 A.2.a., 17.60.170 B., 17.60.190 C., 17.60.210 B. AND C., AMENDING SECTIONS 17.60.020 A., 17.60.070 A. AND P., 17.60.080 D., 17.60.110 N., 17.60.140 A.4., 17.60.150 A.3.a, 17.60.200 A. AND C., 17.60.260 C.4., F.i., F.3., H., I., AND J., AND ADDING SECTIONS 17.60.160 A.4.f., 17.60.170 A.4.f., AND 17.60.255 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO SIGNS. /tCi t y Cler~') Subscribed and sworn to before me this .14hh.... day of ................Ma~z ................. ,19..8.6 Notar~ Public in and for the Coup/of Kern, ~a~ of California ROBERTA FAY GAFFORD NOTARY PUBLIC - CALIFORNIA Uy comm. ~i~ AUG 21, 1989