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Code are hereby repealed, effective as of July 14, 1986.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