Loading...
HomeMy WebLinkAboutORD NO 429ORDINANCE N. 0. 4~)"7 I.L"-.:'.' SERIES f,~V 0RDI7~Ai C~ CF Ti_E CITY 02 7-"-AK'r. RSFIELD,CALIFORNIA, IF.~TR. UCTIN'-~ TIrE CiTY _"',',A~','NIZ']G C0Y~i,IISSION OF SAID CI?~.~ TO PR.'..~A '~ .f.. ZOi~Ii.YG OR DISTRCTING PLAN FOR SAIL CITY; ~L?PLYIZYO CERTAIN RZGL~ATIOi'~2 T0 T!iE ERECTION, COWff~TRUCTiO?, A]qD ALTERATION OF CERTAIN BUI.j~IiTCU, S~R:~CTURES AY~ I~FROV~,.~ENTS IN CERTAIN AREAB, PENDZ~YS. THE ADOPTIOU BY THE CITY COUNCIL 0F SAID CITY 0F A ZONING OR DISTHICTIi,~G PLAN; AND PRESCRIBI'q'~ T]!~ ~EiiALTY F0R THE VIOLATION OF A}~ OF T~ FROVIS YOH% v{EREOF. BE IT 0RE.alNED BY TiTE COUNCIL OF THE CITY OF riAI(~RSr..'I3ZLD, as follows: SECTI0]i.~ 1. The City Planning Commissior, of the City of Bs. kersfie].d, California, is hereby instructed to prepare a zoning or district- ing plan as a part of the l~iastsr Plan of said. City and to embody said plan in a tentative re.Oort to the City Council of said City, all in accordance with the provisions of law. SECTION 2. The said City Ccunc!.! hereby declares it to be its inten- tion to proceed ~.dth the consi,~e~ation of bh.a aforesaid tentative report, when the sme shall have been made, and to adopt a zoning or districting plan for said City in the manner prescribed by law. Said City Council hereby flnds that owing to the necessity for caref~_l studies and thorou~ analysis of facts by the said City Planning ~ommission in the prspars. tion of the aforesaid zoning or dlstricting plan, considerable time will necessarily elapse before said clan will be before said C~ tv Council for consideration, and that certain re~u~atio~s of an interim notu~e, affecting the use o~ land, buildings ~d other structures, the construction of buildings and other structures, the height of buildings and other struct~res and the open spaces about buildings and other structures, are nec- essary to be aBepied at 'this time in or~er to assure the orderly and ha~-mcnlous devclnp~s~t cf said City, to protect the public interest, hes. lth, comfort and co~',~enience and to preserve the p~.'blic. -1- peace, safety, morals, order an~ welfare pending the preparation and adoption of the aforesaid zoning or districting plan. Such interim re,~-ulations are hereinafter i~-~ this ordinance set forth. SECTION 3. Uithin the residence district of the City of Bakersfield, as defined in Or~ina:~ce iYo. 303 New S:'ries, and in O~inance No. 332, New Series, rand in Or~Jinan~e No. 349 New Series, of said City, no use of .anZr la~-d, building ~:? other structure, which uso is other than one-family residential in character or accessory and incidental thereto shall hereafter be established or established and cenSusted, and no buil,'Jing or other structure which is designed and/or intended to be used for any purpose ot~';sr than one-fc~mi.l.y residential in c'aaractsr or accessory s. nd incidental thereto shall hereafter be erected, constructed, r.:ovsd or converted, unless and until, in any such case, a permit for such establishing and conducting or for such erection, construction, "ovlng or convsrsio~ shall first have been secured from said City Planning Commission. Every application for any such permit shall be filed with the Building Inspector of said City, wb.o shall forthwith transmit the same to the City Planning Cot, mission, which shall cor. sider the same and. shall make its decision with respect thereto. The City ?]annlng Cor~issio-', in order to accomplish the purooses of the i~terlm regulations as hereinbefore set forth, may issue or may refuse to issue any such permit or may issue any such permit subject to spscifiz~ conditions. Upon the secu_~ing of any such permit and subject to the te~.-~ms thereof and to any conditions specified therein, any person, fim-n~ or corporation may use any ~.sn~S, building or ~*her structure or may erect, construct, move or convert any building or other structure, regardless of the provisions of Ordinance No. 503 New Series of s~"'d SECTI0;'.v 4. Interim Zone Diettic= E~umber One of the City of Bskersfield is hereby established, consisting of all tb. at prope'~.ty lying with- in a distance of one hundred fifty (150) feet from the exterior boundaries of that portion of Golden State ~:ven~e between the northerly boundar.V of said City and the traffic circle at the intersection of said Golden State avenue ann Chester Avenue and consisting, further, of a].l that property lying within a distance of one hundred fifty {150) feet fron~ the exterior boun'~aries of said traffic circle. Ko person, firm or corporation' shall hereafter erect, construct, convert, alter, n~d to, enla:~ge or '-~o,,e any building or structure nor use any l~n~, b~-ilding or other structure :vithin said Interim Zone District iT~,~mber Cn.e of tb~ City of Bakers.~ield re;. s. ny other purpose otb. er ths. r. is included in the followring list: 1. One-fam~.].y, t:'-~-flmily and multiple dwel].!o.[-s. 2. Ho~els, in':m s. nd automobile camps. 3. Public s.n~ q~a-~i-public uses. ,I. All a~'r~.~ ~:~,~I usec except ani~a]. husbandry. 8. Stores, sl~2;s ansi offices for the sendact of any retail ~.uto~.c".ile r.~v~ ~ sT ce stat'~on, public garages end automobile repair shops, but not j-ncluding a~tomobile ~vrscking or the storaj.,.'e of ~-~sed auto- mobile .~a:~ts or of junk, and ~ot incise. din..-~sed car markets unless the same are cox~ducted.~i-~ each case in s building enclosed on all si~es. Uses wS.~ich, ir~. the opinion of the City Planning Co.~.m~ission, a.-?e suitable to the character of the district and. ~.vill not be injurious to the public wel fare. Accessory builn]ings an8 ~.ses incidental to a~y of the ~,bo~:e u~es. Outdoor a~vertising signs and outdoer a'~vertising structure.~ if the san~e are located on!Z~ in any "business. ~.~.~.'rict" as defir. ed '~n t~e, California Vehicle Ac~; provide~, however, that any permitted business may display advertising si~s for the advertising only of such business, none of which signs s~all e~=ceed twenty-fcur (~4) squ~re' feet in ares., to s. total area for all signs in the aggregate dis~] a~ed hy sn~.~ one place of business not exceeding boundaries of Golden 3tare Avenue from the southeasterly boundary of said Interim zone District No, One of the City of Bakersfield to Union'Avenue, or w~thin a distance of one hundred fifty i150~ feet from ti~e exterior boundaries of Union Avenue within said'CitY of Bakersfield, shall be accompanied by drawings or sketches showing the front, sides and rear elevations of the proposed building, structure or other improvement, or of the building, structure or other improve- ment as the same will appear after the work for which the permit is sought has been completed. The City ~lanning Connnission shall con- sider such drawings or sketches to the end that such buildings, struc- tures and other improvements shall be so designed and constructed that they will not be of unsightly, undesirable or obnoxious appear- ance, or hinder the orderly and harmonious development of Bakersfield, or impair the desirability of residence, investment, occupation or recreation in Bakersfield as appearing to travelers passing through, or limit the opportunity to attain the taximum use and development of lands and improvements, and/or otherwise adversely affect the general prosperity and welfare, and to the end that the appearance of buildings, structures and other impr-ovements adjacent to Golden State AvenUe and to Union Avenue within the City, shall provide a pleasant, attractive and worthy approach and entrance and exit to the City, For these purposes the City Planning Conmission shall suggest any changes in the plans of such buildingS, structures and other improve= ments as it may deem to be necessary to accomplish the purposes of this section, and shall not approve any such plans until it is satisfied that such purposes will be accomplished. The City Planning Co~ssion s~xll act on such matter at the earliest possible time and not later than its first meeting five days after such drawings and sketches have been filed~ and in case the applicant is not satisfied with the action of the City Planning Connnission, said applicant ~ay, within thirty days after such action, appeal in writing to the City Council. 2aid City Council shall hold a hearing on said appeal at its next regular meeting after such appeal has been taken an.d in'any case shall render its decision on sai~ appeal within sixty (60) ~ays afte~ the filing therecf. No permit coming under the provisions. of this section shall be i. ssuea. u~!ess the pla-~s ~i!e~] therev,ith as reo,i~red in this section shall first have been approved by the City Planning C.o...~mission or by the City Oounci as or-o:rlfod ;n~rei~. Every drawir. g or sketch filed under the prov".sions of t>ic section shall become a Dart of the per- manent records of the Cit~, 2]s~ning Co~.miission. 2. ecticn l0 cf 9~.~inance i~Yo. 303 iTev: Scries of the City of Z, akn ~io.!d is hereby eF~rss~]y repea].cd. ~? propels!eyes of this of a!] other or'~inannes an~ parts of ov-dii~ances of said City, s-icept as otherwise ~rovi~0 herein. tiny D~rscn, ffi:,_,':u, company or norporatio~-; vlolc. tin"j an7 the provicicT, s of tb.la o~!~-...nco, or ~ailing, ~zog]ectin~. or refusing to obtai.'. th.n p~mit a~ ]i:~rein ~rovi~ea shall Ire ~eemed guilty of a misdemsano?, at.3 ~pon conviction thereof shall be punished by a ~ine of not less than fifty .jo].2ars ($50.00) nor more than fi;.~e huul~:red ((~500.00~ dollars, or by im~risoment in the County Jail of ~ ' ..... - - ~ 6 ) r. on~h [iern Ccunt~- not loss tha~ h"'c (2D ...laTe nor '.~'ors ~hs~ six or ~y ~:oth such fine and i'~prlncr~.ien~. SLCTiOi.T ~ If any section, subsection, ne?teDce, clause or phrsso cf tbts or.~i:~a'-ce is for any reason hcl~. to be mmons~itutional or int, a!id, such decision shall not affect ~he Pemaining portions of thiz ordinance. ~ Cit~ '2o'.n~cil hereby declares that ~-t woul~ have pas~cd this oP.~ir.ance an~ each section an~ subsection thereof, ir- ~-sutlo~s, e~r~ccs c3.a~,sr~ er ..... e~ dec]srer~ anco~stitutional - ~ - ... or invalid. I H~.MT!'Dv ,'~n~mT'TI ~a~ the fore ,oin~ o~-.~insnce :;:as ~nssed and adopted by the Council of the City of Bakersfield, a.t a regular meeting thereof held an the ... ay of ~' , le34, by the fol!owin~G vote: AYES: BODEN, GIST, SlEMON, SMITH, SELLERS, WALTERS, WILSON NOES-- ~ ................ ABSENT: ........ Cit ~ o Clerk of the 3ouncil of ~fne City of Bakers~ield, California. APi-'ROV~D by me thisT~~'.y of LiAYOR of the City Bakers field. , 1934.