HomeMy WebLinkAboutORD NO 501ORDINANCE
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An Ordinance of the City of Bakersfield, California, adopting a Zoning or
Districting Plan for said City by establishing various districts in said City,
within which certain regulations shall be in effect, relating to the uses of
land and buildings, height limits of buildings and yards and other open
spaces about buildings; requiring that certain permits shall be secured for
certain of such buildings and uses; defining certain terms used heroin; and
specif~ying the procedure for the amendment, and penalties for the violation,
of any of the provisions hereof.
Be it erdaiced by the Council of the City of Bakersfield as follows:
SECTION 1, ADOPTION OF ZONING PLAN
There is hereby adopted a Zoning or Districting Plan as a part of the Master Plan
of the City of Bakersfield, California. Said Plan is adopted to promote and protect
the public health, safety, peace, morals, comfort, and general welfare. It consists
of the establishment of various districts, including therein all the territory within
the boundaries of said City, within various of which districts it shall be lawful, and
within various of which it shall be unlav~ul to erect, construct, alter, or maintain
certain buildings or to carry on certain trades or occupations or to make certain uses
of land.
SECTION 2. ESTABLISfF~ENT OF DISTRICTS
The several districts into v~hich the City is hereby divided are designated as fol-
lows: Agricultural Districts, heroinafter referred to as A districts; 1-Family
Residential Districts, heroinafter referred to ~s R-1 districts; 2-Family Residential
Districts, hereinafter referred to as R-2 districts; Limited Multiple Residential Dis-
tricts, heroinafter referred to as R-3 districts; General Multiple Residential Districts,
heroinafter referred to as R-4 districts; Retail Business Districts, hereinafter
referred to as C-1 districts; General Commercial Districts, hereinafter referred to as
G-2 districts; Light Industrial Districts, heroinafter referred to as M-1 districts;
and Heavy Industrial Districts, herel~fter referred to as M-2 districts, (The use
heroin of any letter designation of a district without an accompanying numeral designa-
tion shall include all districts of the class indicated by the letter designation.)
The aforesaid districts are hereby established, and the boundaries thereof are
shown on the map attached hereto and made a part hereof, being designated as the ,Dis-
trict l,~ap", and said map and all the notations, references and other information shovm
thereon shall be as much a part of this ordinance as if said matter were all fully
described heroin.
If uncertainty should exist as to the boundary of any district, the following
rules shall apply: (a) v;here such boundary is indicated as approximately following a
street or alley line, such street or alley line shall be deemed to be such boundary;
(b) v~here such boundary is indicated as approximately following a lot line, such lot
line shall be deemed'to be such boundary; (c) in unsubdivided property and where a
district boundary divides property, the location of any such boundary, unless the same
is indicated by dimensions sho~m on the aforesaid map, shall be determined by the use
of the =scale appearing on said. map.
Except as heroinafter othenvise provided: (a) NoLbuilding shall be erected and
· no existing building shall be moved, altered, added to or enlarged, nor shall any
land or building be used, or designed to be used for any purpose or in any manner, nor
shall any yard or other open space surrounding any building be encroached upon or
reduced, except as permitted by ~nd in conformityto the regulations specified heroin
for the district'in which such building or yard or other open space is located; '(b)
No building shall be erected, reconstructed, or structurally altered to exceed the height
limit heroinafter designated for the district in which such building is located; and (c)
No y~rd or open space' provided about any building for the purpose cf c~nplying with the
provisions of this ordinance shall be considered as providing a yard or open space for
any other building, or any other lot.
SECTION. 3. REGULATIONS FOR A DISTRICTS
The following regulations shall apply in all A districts and shall be subject to
the provisions of Section 12:
(a) Uses' permitted: All uses permitted in any R-1 districts, without securing a
use permit for any such use-; all agricultural uses except conducting and maintenance
of hog farms; all farm buildings and dwellings for farm help; and commercial excava-
tion of materials used for building or construction purposes; provided that no such
excavation shall be done within a distance of 200 feet from any public street or alley
until a use permit shall first have been secured.
(b) BuildinK site ~rea and frop~, side and rear yards required: Same as for R-1
districts; provided, that nothing heroin contained shall be deemed to affect or limit
the construction, conversion, alteration, enlargement or moving of farm buildings,
buildings accessory thereto, or dwellings for farmhelp.
SECTION 4- REGULATIONS FOR R-1 DISTRICTS
The following regulations shall apply in all R-1 districts and shall be subject to
the provisions of Section .12:
(a) Uses permitted'." iF 1-family ~ellings; public parks and public playgrounds;.
crop and tree farming and truck gardening; home occupations, provided that no name
plate or sign exceeding 2 square feet in area shall.be displayed in connection there-
v~th; and accessory buildings and uses. 2. The foll~dng uses, subjec~ to securing
a use permit in each case: schools; libraries; churches; golf courses and country
clubs; and nurseries and greenhousos.
(b) Building height limit: 2 ~ stories but not exceeding 3~ feet in height.
(c) Buildin~ site area required: Each 1-family d~velling, together with its
accessory buildings, shall be located on a building site in one ~vnership having an
area of not less than 5000 square feet; provided that .any parcel of land of a less
area under one o~mership at the time of, or shovm as a lot on any subdivision map filed
in the office of the County Recorder of the County of Kern prior to, the adoption of
this ordinance, when the owner thereof ~;ms no adjoining land, may be used as a build-
ing site for one 1-family dwelling by the owner of such parcel of land or by his suc-
cessor in interest when all other regulations for the district are complied with. In
no case shall there be more than 1 dwelling on any 1 lot except as otherwise provided
in Section 12.
(d) Front yard required: Each lot shall have a front yard not less than 25 feet
in depth; provided that in case a building line for.the street upon which tee lot
faces is established by the Street and Highway Plan of the Master Plan of the City,
then the front yard shall have a depth of not less than that specified thereby.
(e) Side yard required: Each lot slmll have side yards each haylugs width of
not less than 5 feet, except as follows: 1. On any parcel of land of an average width
of less than 50 feet, which parcel vas under one ownership at the time of, or is shown
as a lot on any subdivision map filed in the office of the County Recorder of the
County of Kern prior to, the adoption of this ordinance., when the ovmer thereof owns
no adjoining land, the width of each side ~ard may be reduced to 10% of the width of
such parcel, but in no case to less than 3 feet. 2. On a corner lot adjacent to a key
lot the side yard on the street side of such lot shall have a width of not less than
40% of the front yard depth required for the lots to the rear of such corner lot, to a
maximum width of 10 feet for such side yard, but this regulation shall not be so
applied as to reduce the buildable width, after providing the required interior side
· yard, of 'any such corner lot to less than 20 feet. 3. In case a dwelling is so located
on a lot that the front or rear thereof faces any side lot line, such dwelling shall be
not less than 25 feet from such lot line.
(f) Rear yard required: Each lot shall have a rear yard of a depth of not less
than 20 % of the depth of the lot, to a maximum required depth of 25 feet.
SECTION 5: REGULATIONS FOR R-2 DISTRIOTS
The following regulations shall apply in all R-2 districts and shall be subject to
the provisions of Section 12:
(a) Uses permitted: All uses permitted in R-1 districts, subject to securing a
use permit for any use for which a use permit is required in an R-1 district; and 2-
family dwellings.
'(b) BuildinK helKht 'limit: 2, stories but not exceeding 35 feet in height.
(c) BuildinK site area required: Same. as specified for R-1 districts; provided
that there may be not to exceed one 1-family or one 2-family dwelling on any 1 lot,
except as otherwise provided in Section 12, and that 1 additional 1-family or 2-family
dwelling may be erected for each additie~l 5000 square feet'of area by which the lot
on which such dwelling is erected exceeds 5000 square feet.
(d) Front, sid.e; and rear yards required: Same as specified for R-1 districts.
(e) _Distance. between bullall.rigS.: No main building shall be closer than 20 feet to
any other main building on the ~ame lot.
SECTION 6. REGULATIONS FOR R-3 DISTRICTS
The follo~.Ting regulations shall apply in all R-3 districts and shall be subject to
the provisions of Section 12a
(a) Uses permitted: All uses permitted in R-1 districts, subject to securinS a
use permit for any use for which a use permit is required in an R-1 district; 2-family
dwellings; dwelling groups; and 4'family flats.
(b) Buildin~ height .i~nit: 2½ stories but not exceeding 35 feet in height.
(c) BuildinK site area required: Same as specified for R-1 districts, except that
there may be more than 1 dwelling upon 1 lot.
(d) PercenteKe of lot coverage: The buildings on any lot shall not cover in the
aggregate more than 50% of its area.
(e) Front yard required: Each lot shall have a front yard not less than 15 feet
in depth; provided that in case a building line for the street upon which the lot
faces is established by the Street and Z~ighway Plan of the ~aster Plan of the City,
then the front yard on such lot shall t~ve a depth of not less than that specified thereby.
(f) .Si.de .Fard required: ~ame as specified for R-1 districts, except ~s hereinafter
specified for d~ell ing. groups.
(g) Rear yar.d required: Each lot shall have a rear yard of a depth of not less
than 15 feet, except as hereinafter specified for dwelling groups.
(h) Distance bet~een buildinKs on same lot: No main building shall be closer than
20 feet to any other main building on the same lot, except as hereinafter specified
for dwelling groups.
(i) ~.vellinK Kroups: The followin~ additional regulations shall apply to dwelling
~roups: 1. In case the buildings of the group are so located on the lot that the rear
of the building which faces the street is faced by the front of a buildin~ to the rear,
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('i.e. in a "front to back" series), no such building shall be closer than 20 feet to
any other such building. 2. In case the buildings of the group are so located on the
lot that the rears thereof abut upon one side yard and the fronts thereof abut upon the
other side yard (i.e. in a single row "side to side" series), the side yard to the
rears thereof shall have a width of not less than 5 feet, and the side yard to the
fronts thereof shall have a width of not less than 12 feet. 3- In case the buildings of
the group are so located on the lot that the rears thereof abut upon either side yard
and the~,~fronts thereof face a court (i.e., in a double row "side to aide, series), each
side yard shall have a width of not less than 5 feet and the court shall have a width of
.not less than 16 feet. -4- No building shall be so located on the lot that the rear
thereof abuts on any street line. 5. In no case shall any building of the group be
closer to any other building of the group than a distance of 8 feet. 6. Each lot upon
which a dwelling group is .constructed shall have a rear yard of a depth of not less than
10 feet, provided that there may be deducted from such depth a portion of the width of
any public street, alley, or park upon which such rear yard abuts to an extent not
exceeding J~ the ~vidth thereof and not exceeding 5 feet.
SECTION 7- REGULATIONS FOR R-4 DISTRICTS
The foll~'.~ing regulations shall apply in all R-4 districts and shall be subject to
the provisions of Section 12:
(a) Uses permitted: All uses permitted in R-1 districts, without regard to secur-
ing a use permit; ~e~family dwellings, multiple dwellings and dwelling groups; hotels;
clubs, lodges, fraternity and sorority houses; and museums not operated fnr profit.
In an apartment house designed, constructed, or used for 24 or more families, and
in a hotel designed, Constructed or used for 50 or more guest rooms, there may be con-
ducted a business incidental thereto for the convenience of the occupants thereof;
provided, there be no entrance to such business except from the inside of the building,
that the floor area used for business purposes does not exceed 25 per cent of the
ground floor area, that no street frontage of any such building is used for any such
business, and that no sign is exhibited on the outside of any such building in connec-
tion with such business.
The follmving uses, subject to securing a use permit in each case: hospitals,
rest homes, sanitariums, clinics, and other buildings used for the treatment of human
ailments; philanthropic and charitable institutions; and automobile courts. (b) BuildinR heiRht limit: 6 stories but not exceeding 75 feet.
(c) PercentaRe of lot coveraRe: The buildings shall not cover more than 6~% of
the area of the lot.
(d) Front, side, an~ rear yaFds required: Same as specified for R-3 districts;
provided, that for any building of more than'2 stories in height, the width herein re-
quired for each side yard shall be increased by 1 foot for each ~ory by which the
height of such building exceeds 2 stories.
SECTION 8: R~.~ULATIONS FOR 0-1 DISTRICTS
The foll~ving regulations shall apply in all C-1 districts and shall be subject to
the provisions of Section 12:
(a) Uses ~ermitted: 1. All uses permitted in any R district without re~ard to se-
curing any use permit, except that in any C-1 district entirely surrounded by R or A
districts, or by such districts and the City boundary, a use permit shall be required
for any use for which a use permit is required in R-4 districts. 2, Stores and sixops
for the conduct of any retail business; automobile service stations for the sale of
ga'soline, oil and minor accessories only; banks; barber shops; beauty parlors; censer-
vatcries; dressmaking, millinery, shoe and tailor shops; messenger offices; professional
offices; storage garages; studios (exce-?t motion picture studios); telegraph offices;
theaters; and other business uses which are of the same general character as those
enumerated in this subsection and not obnoxious or detrimental to the district. 3. Pub-
lic garages, automobile repair shops, automobile service stations at which general re-
pairin~ is done, automobile courts and undertaking establishments; provided that no such
use shall be permitted in any C-1 district entirely surrounded by R or A districts, or
by such districts and the City boundary, unless a use perknit shall first have been
secured therefor. 4. Automobile camps, subject to securing a use permit in each case.
5. Outdoor advertising signs and structures, when appurte~ant to any use permitted in
the district and when located on the premises on ~hich such use is conducted; also out-
door advertising signs and structures ~vHen used for informational or directional pur-
poses and subject to securing a use permit.
'(b) Buildin~ height limit: 6 stories but not exceeding 7~ feet, except that in
any C-1 district which is entirely surrounded by R or A districts, or by such districts
and the Oity boundary, the building height limit shall be that specified in this ord-
inance for such surroundingR or A districts, or for the least restricted of such sur-
rounding districts in case they differ.
(c) Yards required: Nono except: 1. Every building or portion thereof which is
designed or used for any dwelling purpose shall comply with the provisions of this
ordinance as to side yards which are required in R-~ districts; provided that when the
~round floor of any such building is used for any commercial purpose, no side yard shall
be required adjacent to a street line, except as hereinafter in this section provided.
Every such building or portion thereof shall have a rear yard equal in depth to not
less than t~ice the width of a side yard as required in R-~ districts. 2. In the case
of a C-1 district entirely surrounded byR or ~ districts, or by such districts and the
City boundary, there shall be provided on each lot in that portion of s~ch district
which is located in any 1 block a yard adjacent to the street bounding such block of a
width or depth equal to that required for yards adjacent to said street for the remain-
ing property in the same block; except that on a corner lot adjacent to a key lot the
side yard adjacent to the street shall be of a width equal to not less than ~ of the
depth required for front yards on the lots to the rear of such corner lot. In case any
portion of such C-1 district occupies the entire frontage of any block there shall be
provided adjacent to the street boundin~ such block a yard of a depth or width equal to
that required in the next adjacent block of such surrounding R or A districts, or in
the least restricted of such surrounding R or A districts, in case they differ. 3-
There shall be a side yard along the side of every lot in a C-1 district bordering on
property in any R or A district, which shall be of a width not less than that of a
side.yard as required in R-~ districts. There shall be a rear yard on the rear of every
lot'in a C-1 district bordering on property in any R or A district, which rear yard
shall be of a dept~ equal to not less than twice the width of a side yard as required
in R-I~ districts. 4. No building shall hereafter be erected, nor shall any use of land
be made, except the use of land for agricultural purposes, which will be closer to the
right of way line of any street than any Official Plan Line or any building line which
has been established for such street by the Street and Highway Plan of the Master Plan
of the City.
SECTION 9. REGULATION8 bX)R C-2 DISTRICTS
The foll~ving regulations shall apply in all C-2 districts and shall be subject to
the provisions of Section
(a) Uses permitted: 1. All uses not otherwise prohibited by la~v, except the fol-
lowing: Animal hospital~ automobile assembly; building materials yard; carpet cleanlng~
clothing manufacture; contractor, s yard; cooperage works; cosmetics mnufacture; dray-
ing terminal; electric welding; electroplating; feed or fuel yard, distributing or
storage; feed manufact.ure; fruit cannln~ or packing; furniture manufacture; junk yard
(unless conducted in a building enclosed on all sides or ~Aen enclosed by a solid fence
not less than 6 nor more than 8 feet in height and only upon securing a use hermit);
macaroni manufacture; machine shop; manufacture of shoes; paint mixing; poul%ry or
rabbit raising, slaughter or live stora3e; stone cutting or polishing, except as an
accessory to a j~eIe. r's shop; stora3e elevator; truck stora3e, service or repair; ware-
house; all uses excluded from M-1 districts by the terms of this ordine. nce. (b) Buildin~ height limit: Iqot exceeding 100 feet.
(c) .Yards required: None except: !. Every building or portion thereof which is
designed or used for any dxvelling purpose shall comply with the provisions of this ord-
inance as to side yards which are required in cai~ R-4 districts; provided, that when
the ground floor of any building is used for any commercial purpose, no side yard shall
be required adjacent to a street line. Every such building or portion thereof shall
have a rear yard equal in depth to ~vice the width of a side yard as required in R-Y~
districts. 2. There shall be a side yard. along the side of every lot in a C-2 district
which side borders on property in any R or A district, which shall be of a width not
less than the width of a side yard as required in R-~ districts. There shall be a rear
yard on the rear of every lot in a C-2 district which borders on property in any R or
A district, of a~d. epth equal to t~ice the width of a side yard as required in R-A~ dis-
tricts. 3. No building shall hereafter be erected, nor shall any use of land be made,
except for agricultural purposes, v~hich will be closer to the right of v~y line of any
street than any Official Plan Line or any building line ~hich has been established for
such street by the Street and Highway Plan of the ~laster Plan of the City.
SECTION 10. REGULATIONS FOR M-1 DISTRICTS.
The following regulations shall apply in all M-1 districts and shall be subject to
the provisions'of Section 12:
(a) Uses ~ermltted: 1. Commercial excavation of m~terials used for building or
construction purposes, subject to securing a use permit. 2- All other uses not other-
wise prohibited by law, except the rollicking: blast furnace; boiler or tank ~vorks;
candle factory; coke oven; creosote treatment or manufacture; curing, tanning or stor-
age of raw hides or skins; distillation of coal, wood, or bones; distillation of tar;
drillin~ for or removal of oil, g~s, or other hydrocarbon substances; dumpin~ of ~arb-
age, offal, or dead animals, or incineration or reduction of the same or of refuse; fat
rendering; forge plant; gunp~vder, firev~orks, or explosives manufacture or storage~
hog ranch; iron, steel, brass, or copper foundry, mill or fabrication plant; the manu-
facture of acetylene, acid, alcohol, bleaching powder, chlorine, chemicals, soda or
soda compounds, cement, gypsum, lime, plaster of paris, celluloid or pyroxylin, disin-
fectants, dyestuffs, exterminators or insect poisons, emery cloth or sandpaper, fer-
tilizer, glue, illuminating or heating gas, lamp black, matches, oilcloth, linoleum or
oiled products, paint, oil, shellac, turpentine or varnish (except mixinum), paper or
pulp, pickles, sauerkraut or vinegar, potash products, rubber products, shoddy, shoe
polish, soap, starch, 31ucose or dextrine, stove polish, tallow, grease or lard, tar
roofing or water-proofing or other tar prcduots, yeast; and the pumping, refining or
storage of crude petroleum; the slaughtering of animals (except poultry and rabbits);
the smelting of tin, copper, zinc, or iron ores; stock'yards; stone mill or quarry;
sugar refining; wool pulling or scouring; and all other uses similarly objectionable by
reason of odor, dust, smoke, gas, noise, or vibration.
(b) Buildin~ height ~imit: Not exceeding 150 feet.
(c) Yard____~sre~uired: Same as specified for 0-2 districts.
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SECT ION 11: REGULAT IONS FOR A~-2 D ISTR ICTS
The following regulations shall apply in all ~-2 districts and shall be subject to
the provisions of Section 12:
(a) Uses permitted: All uses not otherwise prohibited by law, except: 1. Dril-
ling for or removal of oil, gas, or other hydrocarbon substances; dmnplng of garbage,
sewage, offal, or dead animals; and hog ranches. 2. The following uses may be estab-
lished in any ~-2 district v~hen a use permit shall first have been secured: Commercial
excavation of materials used for building or construction purposes~ distillation of
bones; fat rendering; manufacture of acid, cement, explosives, or fireworks (or storage
of same), fertilizer, gas, glue, gypsum, lime or plaster of paris; reduction of garbage,
offal, se?age, or dead animals; refinin~ of petroleum or its products; smelting of tin,
copper, zinc or iron ores; stock yards, or slaughter of animals (except poultry and
rabbits).
No use permit, as required by this section, shall be issued until a public hearing
shall first have been held on the question of the issuance of such permit, of which
public hearinS notice shall be given as 'provided in Section 16 for notices of hearings
on application for adjustments or variances. (b) BuildinK heiKht limit: None.
(c) Yards required: Same as specified for C-2 districts.
SECTION 12: GENiaL PROVISIONS ~ EXCEPTIONS
The regulations specified in this ordinance shall be subject to the following
interpretations and exceptions:
(a) ~ses: 1. The fellerling accessory uses, in addition to those hereinbefore
specified, shall be permitted in any R district, provided that such uses do not alter
the character of the premises in respect to their use for the .purposes permitted in
such districts: the renting of rooms or the prov~ding of table board in a dyeoiling
of the character permitted in the district, but not to the extent of constituting a
hotel as defined in this ordinance, unless permitted in the district; the operation of
necessary facilities and equipment in connection ~ith schools, colleges, universities,
hospitals, and other institutions permitted in the district; news and refres~nent
stands and restaurants in connection with passenger stations; and recreation, refresh-
ment, and service buildings in public parks and playgrounds. 2. There ,say be kept on
any lot not to exceed 24 fov~l and 24 rabbits, or s~nilar livestock; provided that no
such livestock shall be maintained. closer than 30 feet to any dwelling now existing or
hereafter erected, and that such livestock shall be kept in a 'clean and sanitary man-
ner; and provided, further, that the limitations of this provision shall not apply in
any A district. 3- In addition to any outdoor advertising signs or structures permit-
ted by this ordinance, outdoor advertising signs and structures not exceeding in the
aggregate 6 square feet in area for each lot may be displayed for the purpose of adver-
tising the sale or lease of any property upon which displayed, and outdoor advertising
signs and structures other than those otherwise permitted nny be displayed for the
advertising of the sale of ~ subdivision, upon the securing of a use permit. ~. Noth-
ing in this ordinance shall be deemed to prohibit or require a permit for the excavat-
ing of materials for the construction of a building permitted in the district in which
the same is to be located and on the same lot from ~nich such material .is excavated.
(b) HeiEht: 1. In any district with a height.limit of less than 75 feet, public
and semi-public buildings, schools, churches, hospitals and other institutions pensit-
ted in such district may be erected to a height not exceeding 75 feet, provided that
the front, rear, and side yards shall be increased 1 foot for.each I foot by which
such building exceeds the height limit heroinbefore established for such district. 2.
1-family dwellings in R-1 districts may be increased in height not to exceed 10 feet
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and to a total of not exceeding 3 stories when 2 side 'ya. rds of widths of not less
than 15 feet each are provided. 3. Upon securing a use permit any building in any
C or M district may be erected to a height exceeding that heroin specified for such
district, provided that the cubical contents of the building shall not be increased
beyond that possible for a building erected within the height .limit heroinbefore
specified for such district. 4. Subject to other provisions of law, towers, gables,
spires, penthouses, scenery lofts, c,xpolas, ~mter tanks completely closed in with
solid valls on all sides d~m to the ground or to the main part of the building, and
similar structures and necessary mechanical appurtenances may be built and used to a
greater height than the limit established for the district in which the building is
located; provided that no such exception shall cover at any level above the height
limit more than 1~ in area of the lot nor have an area at the base greater than 1600
square feet, that no tower, gable, spire, or similar structure shall be used for sleep-
ing or eating quarters or for any co~nercial purpose other than such as may be inci-
dental to the permitted uses of the main building, and that no building or structure
in any district except an ~-2 district shall erer exceed a maximum height of 150 feet.
.The height limitations of this ordin~.nco shall not apply to chimneyS, church spires,
flag poles, monuments, and radio tmvers.
(c) Yards: 1. In computing front yard dimen.~ions the .~aeasurement shall be taken
from the nearest point of the front wall of the building to the street line, or if an
Official Plan Line has been established for the street, then to such Official Plan
Line; providing that architectural features of the kind and not exceeding the limits
hereinafter stated' shall not be considered in making such measurements, to wit:
cornices, canopies, caves, or any other architectural features extending beyond said
'front wall not exceeding 2 feet 6 inches; fire escapes extending beyond said front wall
not exceeding 4 feet 6 inches; and landing p. laces or uncovered porches extending
beyond said front ~11 not exceeding 6 feet; provided that the above enumerated archi-
tectural features may also extent into any side or rear yard the same distance that
they are permitted to extend beyond any front vall, except that no porch, terrace, or
outside stai~vay shall project more than 3 feet into any side yard and then, in the
case of an outside stair~ay, only if the same is unroofed and unenclosed above and
below the steps thereof. 2. In any R-l, R-2, or A district where 25% or more of ~e
lots in any block, exclusive of the frontage along the side of a corner lot, has been
improved with buildings at theetime of the passage of this ordinance, and the front
yards on such lots vary in depth to s.n extent not greater than 6 feet, then the front
yard required on each lot in said block shall be of a depth not less than the average
depth of the front yar~e on the lots on v~hich such existing buildings are located, nor
more than 50 feet. The same ru].e shall apply in any R-3 or R-4 district, but only
where such average. depth of front yards on the lots on which such existing buildings
are ~ocated is less than the depth of front yards othervise required by this ordinance.
In no case, hm~ever, shall any building be erected closer to any street line than any
Official Plan Line established for such street. 3. When any interior lot in an R-1,
R-2, or A district is adjacent to any lot in any district other than s.n R-1, R-2 or
A district or a C-1 district which is entirely surrounded by R or A districts or by
any of such districts and the City boundary, the depth required for the front yard on
such interior lot may be reduced to not less than the average of such required depth
and the' width or depth of yard required on said lot in such other district adjacent
to the street upon which said interior lot faces. 4. ~hen any interior lot in an
or R-4 district is adjacent to any lot in any C or ,,r, district, except any C-1 district
which is entirely surrounded by R or A districts or by any of such districts and the
City boundary, the' front ys. rd requirements for such interior lot may be disregarded and
in lieu thereof that portion of any building on that portion of the width of such
interior lot not exceeding ½ thereof, but not more than 25 feet, mhich portion is next
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.adjacent to such let in such C er M district, may be built to the street line, and the
line of the building for the remainder of such building shall be not nearer te said
street line than a ·distance equal to such required depth of front yard. 5. In deter-
mining the depth cf rear yard' for any building (except as provided for dwelling groups
in R-3 and R-4 districts) where such rear yard opens into an alley, ½ the width of
such alley, but net exceeding 10 feet, n~y be considered as a portion of such rear yard;
provided that these provisions shall net be sc applied as tc reduce the depth of any
rear yard to less than l0 feet, and that in nc case shall the door cf any building or
improvement other than a fence, opening into an alley, be erected, constructed or estab-
lished closer to the center of such alley than 15 feet. 6. In case an accessory build-
ing is attached to the main building, it shall be made structurally a part thereof,
and shall comply in all respects with the requirements cf this ordinance applicable te
the main building. An accessory building, unless attached to and made a part of the
main building, shall not be closer than 5 feet to the main building, except as otherwise
provided in this section. 7. A detached accessory building not over one story and
not exceeding 12 feet in height may occupy not to exceed 30 per cent of the area of
any rear yard. Any such accessory building may have not to exceed 1 additional story
used for apartments; provided that no exterior wall of such additional story Shall be
nearer to any let line than a distance equal to the width cf'a side yard required on
the same lot, that-no exterior v~ll ef such additional story shall be n~arer than lO
feet to any main building on the same lot, and that no such additional story in any ~-1
er R-2 district shall contain more than 1 apartment. 8. Detached accessory buildings
in R districts shall conform to the following additional regulations as to their loca-
tions upon the lot: (A) in the case of an interior lot abutting upon I street, no
detached accessory' building shall be erected or altered so as to encroach upon the
front half of the lot. (B) In the case of an interior lot abutting upon 2 or more
streets., no accessory building shall be erected or altered so as to encroach upon the
~ of the lot nearest either street. (C~ In the case of a corner lot abutting upon 2
streets, no accessory building shall be erected or altered so as to encroach upon the
area betv~een such streets and lines dra~°m parallel to such streets, respectively, in
such a manner that each ef such lines divides the lot into 2 equal areas; provided
that cn a corner lot adjacent to a key lot ne accessory building shall be located nearer
to the street line of the street upon which such key lot faces than a distance equal
te the de~uth of front yard required on said key let, hut ~ this regulation shall
be so applied as to require that that line of such accessory building which is nearest
to said street line shall be nearer to the line opposite said street line t~n a
distance of 16 feet. (D) In the case of a corner lot abutting on more than 2 streets,
no detached accessory building shall be erected or altered so as to be nearer to any
street line than ~ the width or length of the lot. (E) No detached accessory building
shall be within 5 feet of the side line of the front half of any adjacent lot. (F)
Notwithstanding any requirements in this section, the foregoing rules shall not require
any detached accessory building to be more than 75 feet from any street line bounding
the lot.
~qECTION 13, ' NON-CONFORmING USES
Except as otherwise.provided in this section, the lawful use of land existing at
the time ~ the adoption of this Ordinance, although such use does not conform to the
regulations specified for the district~n which such land is located, may be continued;
provided that no such use shall be enlarged or increased, nor be extended to occupy a
greater area ths. n that occupied by such use at the time of the adoption of this ordin-
ance, and that if any s,Ach use ceases, the subsequent use of such land shall be in
conformity to the regulations specified by this ordinance for the district in which
such land is located.
The lawful use of a building existing at the time of the adoption of this ordin-
ance may be continued, although such use does not conform to the regulations specified
for th.e district in which such building is located; provided, such use may be extended
throughout the building provided no structural alterations except those required by
law or ordinance are made therein. If no structural alterations are made, the non-
conforming use ,of a building may be changed to another non'conforming use, which.., in the
opinions.of ~he~?Planning~Commissidn, is of the same or of a more restricted nature.
~xcept upon securing a use permit, no existing building a~signed, arranged or
intended for or devoted to a use not permitted under the regulations specified by this
ordinance for the district in which such building is located shall be enlarged, extend-
ed, reconstructed, or ~tructur~lly altered unless such use is changed to a use permitted
under the regulations specified by this ordinance for such district in which such
building is located; provided that work done in any period of 12 months on ordinary
structural alterations or replacements of walls, fixtures, or plumbing not exceeding
2~ of the bullding's assessed value according to the assessment by the Assessor of the
City for the fiscal year in which such work is done shall be permitted without secur-
ing a use permit, but that the cubical contents of the building as it existed at the
time of the passage of this ordinance shall not be increased.
If at any time any building in existence at the time of the adoption of this ord-
inance,'whlch does not conformto the regulations for the district in which it is
located, be destroyed by fire, explosion, act of God, or act of the public enemy, to the
extent of more than 7~ of the ~.ssessed value thereof according to the assessment by
the said Assessor for the fiscal year daring which such destruction occurs, or if a non-
conforming use ceases for a continuous period of 6 months, then without further action
by the City Council the said building and the land on which said building was located
shall be subject to all the regulations specified by this ordinance for the district in
which such land ~nd building are located; provided that upon securing a use permit any
such building my be rebuilt after such destruction to a total floor area not exceed-
ing that of said building prior to its destruction and the use of said building and of
the land on which the same was located may continue as heroin provided for non-conform-
ing uses.
The foregoing provisions shall also apply to non-conforming uses in districts
hereafter changed.
Nothing contained in this ordinance shall be deemed to require any change in th~
plans, construction, or designated use of any building upon which actual construction
was lav.,fully begun prior to the adoption of this ordinance. Actual construction is
hereby defined to be: the actual placing of'construction material s in their permanent
position fastened in a per~nent manner; actual work in excavating a basement; or the
demolition or removal of an existing structure begun preparatory to rebuilding; provided,
that in all cases ~ctual construction work shall be diligently carried on until the
completion of the building or structure involved.
Regardless of any other provision of this ordinance, any use ~or which a use per-
mit is required or may be granted, as provided in this ordinance, which use is exist-
ing at the time of ~he adoption of this ordinance in any district in ~hioh such use is
specifically permitted subject to the securing of a use permit, shall without further
action be deemed to be a conforming use in'such district.
SECTION 14: BUILDING PERMITS AND PLATS: IeCItITECTURAL SUPERVISION.
Every application for'a building permit shall be accompanied by a drawing or plat,
in duplicate, dravm to scale, showing the lot and building site, the proposed location
of the building on the lot, accurate dLmensions of the building, the yards and'the lot
and such other information as may be necessary to the enforcement of this ordinance.
A copy of such.application and plat shall be ~ept in the office of the Building Inspector
and the duplicate copy shall be kept at the building at all times during construction.
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In case an application for a building permit is made for'any building, structure,
or other improvement in any C-1 district v~hich is entirely surrounded by'R or A dis-
tricts or by any of such districts and the City boundary, or for any building, structure,
or other improvement adjacent to any State Highway, such application shall be accompan-
ied 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
improvement as the same will appear after the work for which the permit is sought has
been comp.leted. Such drawin;is or sketches shall be considered by the Planning Co,~is-
sion in an endeavor to provide tb~t such buildings, structures and other improvements
shall be se designed and constructed that they will not be of unsightly, undesirable,
or obnoxious appearance to the extent that they will hinder the orderly and ~rmonious
development of the City, impair the desirability of residence, investment or occupa-
tion in th~ City, as appearing to travelers passing through or traveling in the City,
limit the opportuni~/to attaih the optimum use and value of land and improvements,
impair the desirability of living conditions in-the same or. adjacent residential areas,
or othem,~lse adversely affect the general prosperity and v~elfare. To this end, the
Planning Commission shall, 'within 5 days after the filing of the application, suggest
any changes in the plans of such proposed building, structure or other improvement
which it .may deem to be necessary to accomplish the purpose of this section, and shall
not approve any such plans until it is satisfied that such purposes :-~lll be accosLplished
thereby. In case the applicant is not satisfied v~ith the action of the Planning Com-
mission, he may, v.~ithin 30 days after such action,' appeal in writing to the City
Council. Said City Council shall render its decision on said appeal at its next suc-
ceeding meeting after receipt thereof. No permit, as provided heroin, sha].] be issued
unless the plans. filed with the application therefor as required in this section shall
have' first been approved by the Planning Commission or by the City Council. Upon such
approval the Building Inspector of the City shall issue such per, sit, provided all
other provisio~s of law have been complied with. Every drawing or sketch filed under
the provisions of 'this section shall become a part of the permanent records oi' the
Planning Comission. The Planning Commission shall, in its rules, prescribe procedure
v~hereby its action as provided in this section may be taken through designated repre-
sents. tires, and such action, taken pursuant to such procedure, shall be deemed to be
the action of the Planning Commission.
SECTION 15: C~TIFICATES OF OCCUP.'kNCY
No vacant land shall hereafter be occupied or used, except for agricultural uses,
~nd no building hereafter erected or struoturally altered shall be occupied or used,
until a certificate of occupancy shall have been issued by the Building Inspector of
the City.
A certificate of occupancy for a n~:: building or for an existing building v;hioh
has been altered shall be issued within 3 days after a written reqt:est for the same has
been made to the Building Inspector after the erection or alteration of such building
or part thereof shall have been completed in conformity with the provisions of this
ordinance. Pending the issuance of such a certificate, a temporary certificate of
occupancy may be issued .by the Building Inspector for a period of not-exceeding 6 months
during the completion of alterations or during partial occupancy of a building pending
its completion. Such temporary certificate shall not be construed as in any way alter-
ing the respective rights, duties, or obligations of the owners or of the City relating
to the use or occupancy of the premises or any other matter covered by this ordinance,
and such temporary certificate shall not be issued except under such restrictions and
provisions as will adequately insure the safety of the occupants.
Written application for a certificate of occupancy for the use of vacant land or
for a change in the character of the use of land, as heroin provided, shall be made
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before any such land shall be so occupied or Used, except for agricultural purposes,
Such a certificate of occupancy shall be issued ~zithin 3 days after the application
therefor has been made, provided such use is in conformity with the provisions of this
ordinance,
¥~i~on application for a oe~tifioato ef occupancy f~ tho uoo of vacant land oF
~n a elmriga in Lhc character of the use of land, ~s heroin ~rcvtdod, shall bo muds
before ~ny--s~eP~ I==~ shall bo so oooupiod or usod, oxoopt for ~gricult~ral purposos.
Such a cortifica~e--e~-~u..uancy shall bo issuod within 3 days after the application
--~ae~ofor has boon muds, previdod suoh-~eo in imeenfomity-~it~-~e..p, ev~eionn of thin
-e,A~n=ncc,
Every certificate of occupancy shall state that the building or proposed use of a
building or land complies with all provisions of law and of this ordinance. a record
of all certificates of occupancy shall be kept on file in the office of the Building
Inspector and copies shall be furnished, on request, to any person having a proprietary
or tenancy interest in the building or land affected. No fee shall be charged for a
certificate of occupancy.
No permit for excavation for any building shall be issued before application has
been made for a certificate of occupancy.
SECT~OI~ 16. ADJUSTENTS, VARIANCES, AND APPEALS
1. The City Council, upon findings by the Planning Commission as hereinafter pro-
vided, shall have power to grant adjustments and variances in the application of any of
· the provisions of this ordinance to the extent of the following and no further: (~o)
To vary or modify the strict application of any of the regulations or provisions con-
tained in this ordinance in cases ~here there are practical difficulties or unnecessary
hardships in the ray of such strict application; (b) To permit the extension of a
district where the boundary line thereof divides a lot in one ovmership at the time of
the passage of this ordinance; (c) To permit the location of any of the following uses
in a district from which they are excluded by the provisions of this ordinance:
library, community center, church, hospital, rest home, sanitarium, clinic or other
institutions for the treatment of human ailments, and institutions of an education--ol,
philanthropic or charitable nature.
Application for any adjustment or w. riance permissible under the provisions of
this section shall be made to the Planning Commission in the form of a written applica-
tion for a building permit, to be issued subject to the granting of the adjustment or
variance, or in the form of a ~itten application for a permit to use the land or
bulld. ing as set forth in said application.
Upon receipt of any such applio,,tion by the officer or employee of the Planning
COmmission designs~ted in the rules of the Commission for such purpose, such officer or
employee shall set a time and. place for a public hearing before the Planning Com~aission
on such application. Such officer or employee shall cause public notice of such public
hearing to be given by causing 1 notice thereof t~o, be published in a newspaper of general
circulation in the City, at least 10 days ~xt~e~e~ing the date of said he~ring. At
said hearing the applicant shall present a statement and adequate evidence, in such
form as the Planning Commission may require, sho~ving: (a) That there are exceptional
or extraordinary circumstances or conditions applying to the land, building, or use
referred to in the application, which circumstances or cond. itions do not apply generally
to land, buildings, or uses in the same district; (b) That the granting of the applica-
tion is necessary for the preservation and enjoyment of substantial property rights
of the petitioner; and (c) That the granting of such application ~vill not materially
affect adversely neighboring property or the public v~elfare or the health or safety of
persons residing or working in the neighborhood,
After the conclusion of the hearin~ the Planning Commission shall make written
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findings of fact showing whether said three conditions have been shown to exist, and
shall report such findings to the City Council within 30 days after receipt of the
a ppl i cat ion.
Ion approving the granting of any adjustment or variance under the prov. isions of
this section, the Planning Commission .may recommend such conditions in. connection
therewith as will, in its opinion, secure substantially the objectives of the regula-
tion or provision to ~;~hich such adjustment or variance applies, and shall specifically
set forth any adjustment or variance approved.
After receipt of such findings the City Council', by resolution, either may grant
such adjustment or variance, whereupon the permit as applied for may issue, subject to
such conditions as said City Council may designate in connection therewith, or it may
deny the application for such adjustment or variance.
2~ The Planning Commission shall have power to decide any question involving the
interpretation of any provision of this ordinance. Any decision of the Planning Com-
mission made on any such question or any other decision or ruling of the Planning Com-
mission shall be subject to-review by the City Council, either on its ovm motion or
on appeal by any interested person and the City Council may confirm or overrule any such
decision or ruling,
SECTION 17: USE PERI,~ITS
1. Use permits may be issued for any of the following uses: (a) Uses for which use
penits are required or permitted by the provisions of this ordinance; (b) Public
utility or public service Uses or publid buildings when found to be necessary for the
public health,.safety, convenience, or welfare; (c) Commercial excavatinZ of materials
used for building or construction purposes; (d) To classifyas a conforming use any use
permitted in C-2 districts, which use is existing at the time of the adoption of this
ordinance as a non-conforming use in a C-1 district; and (e) To classify as a conform-
ing use any institutional use existing in any district at the t~ne of the establisl~nent
of such district. 2. Such use permits shall be issued under the same procedure as that
specified in Section 16 for the grantinE of adjustments or variances; provided, (a) no
public hearing need be held thereon unless specifically required by this ordinance,
except on any application for a use permit for the excavation of materials, in which
case a hearing, as provided in Section 16 with respect to applications for adjustments
or variances, shall be held, and if no hearing is held on an application for a use per-
mit, the Planning Commission shall render its decision on said application within 15
days after the filing thereof; (b) the findings of the Planning Commission, except as
otherwise provided in this section, need include only that the establis~aent or main-
tenance of the use for which a permit is sought will not be injurious to property or
improvements or detrimental to the health, safety, morals, comfort, convenience, or
general welfare of persons residing or working in the neighborhood of such use; and
that (c) any proceedings to classify certain uses as conforming uses, as provided in
this section, may be initiated by the City Council or by the Planning Commission, or by
petition of a person interested.
All other provisions of said Section 16 shall apply to the granting of a use permit.
SECTION 18: AMEK~)ENTS
1. Any amendment of this ordinance shall be initiated as follov~s: (~)lupon verified
petition of one or more ~mers of property affected by the proposed amendment, and the
payment of a fee of $25.00; or (b) by resolution of intention of the City Council or of
the Planning Commission. 2. Upon the filing of such verified petition with the Planning
Commission or upon the adoption of such resolution of intention, the Planning Co,x~is-
sion shall hold such public hearings on the proposed amendment and shall give such
-13-
notice thereof ~.s may be required by law. 3. In case the proposed amendment consists
of a 0h~tnge of the boundaries of any district so as to reclassify property from any
district to any other district, the Planntn~ Commission shall ~ive additional notice of ·
the t~,ue, place and purpose of such hearing by: (a) Posting notices thereof not less
than 10 days prior to the date of the first of such hearings, not more than 300 feet
aly~rt along each and every street upon ~hich property proposed to be reclassified abuts
and alon~ said. street or streets a distance of not less than 300 feet from the exterior
limits of such properties, and by (b) :nailin~ postal card notices not less.than 10
days prior to the date of the first of such hearings to the ov~ers of all property with-
in the uostinm ures. above defined, usin~ for this purpose the last known name and
address of such ovmers as sh~'~n on the records of the Assessor of the City. No imper-
fection or irregularity in said notice sh~ll invalidate any proceedings for ~en&msnt
of this ordinance.. A~. Follor~in~ tho hearinJs the Planning Commission shall make a
report of its findings and recommendations with respect to the proposed amendment and
shall file the same with the City Council v~ithin ~0 days after the filing of the peti-
tion or the adoption of the resolution of intention, as aforesaid. ~. Upon receipt of
such report the City Council shall set the matter For public hearing after notice
given as provided by law. After the conclusion of such hearing the City Council may
adopt the amendment or any part thereof set forth in the petition or in the resolution
of intention in such form as said City Council may deem to be advisable. 8. The decision
of the City Council shall be rendered r~ithin 30 days after receipt of the report and
recommendations from the Planning Commission. 7- Upon the consent of the Planning Com-
mission any petition for an amendment m~y be v~ithdra~m upon the written application of a
majority of all persons v~no signod such petition. The City Council or the Planning
Commission, as the case may be, may, by resolution, abandon any proceedings for an
amendment initiated by its ovm resolution. of intention.
SECTION 19: ENFORC~"NT, LEGAL PROC',3]URE, PENALTIES
All departments, officials, and public employees of ~he City of Bakersfield
vested with the duty or authority to issue permits or licenses shall conformto the
provisions of this ordinance and shall issue no permit or license for uses, buildings,
or purposes in conflict with the provisions of this ordinance; and any such permit or
license issued in conflict with the provisions of this ordinance sh~ll be null and
void. ~t shall be the duty of the Building Inspector of'the City to enforce the pro-
visions of this ordinance pertaining to the erection, construction, reconstruction,
moving, conversion, alteration, or addition to any buildin~ or structure.
Any person, firm, or corporation, ,~;hether as principal, aJent, eaployee or other-
wise, violating or causing the violation of any of the provisions of this ordinance
shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a
fine of not more than $300.00 or by imprisonment in the County Jail of the County of
Kern for a term not exceeding 3 months, or by both such fine and imprisonment. Such
person, firm, or corporation shall be deemed to be guilty of a separate offense for
each and every day during any portion of which any violation of this ordinance is com-
mitted or continued by such person, firm, or corporation, and shall be punishable as
herein provided.
Any buildi. ng or structure'set up, erected, constructed, altered, enlarged, con-
verted, moved, or maintained contrary to the. provisions of this ordinance, and any use
of any land, building, or premises established, conducted, operated, or maintained
contrary to the provisions of this ordinance'shall be and the same is hereby declared
to be unlawful and a public nuisance; and the City Attorney of said City shall, upon
order of the City Council, im~uediately commence action or proceedings for the abatement
and removal and enjofnment thereof in the manner provided by law, and shall take such
other'steps and shall apply to such courts as may have Jurisdiction to grant such
relief as will abate and remove such building or structure, and restrain and enjoin any
-14-
person, firm, or corporation from setting up, erectin3, building, maintaining, or
using any such building or structure or using any property contrary to the provisions'
of this ordinance.
The remedies provided for heroin she. ll be cumulative and not exclusive.
SF~CTION 20: REPEIuLING
All ordinances and parts of ordinances of said City in conflict with this ordinance,
to the extent of such conflict and no further, are hereby repealed; provided that
nothing heroin contained shall be deemed to repeal or amend any ordinance of said City
requirin~ a permit or license or both to cover any business, trade, or occupation.
SECTION 21: REFERENCE
This ordinance shall be knovm and cited as the Zoning Ordinance of the City of
Bakersfield. Reference to section numbers herein are to the sections of this ordinance.
SECTION 22: DEFINITIONS-
For the purpose of this ordinance certain terms used herein are defined as follows:
The word "lot" includes the word "plot"; the"Word ,building" includes the word ,struc-
ture", and the word "shall" is mandatory and not directory. The word "City Council"
as used heroin, shall mean the City Council of the City of Bakersfield, California;
the words "Plannin5 Commission" shall mean the City Planning Commission of the City of
Bakersfield, California; and the' word "City" shall mean the City of Bakersfield,
California,
A~riculture: The tilling of the soil, the raising of crops, horticulture, live-
stock farming, dairying, or animal husbandry, includin~ all uses customarily accessory
and incidental thereto, but not including slaughter houses, fertilizer works, bone
yards, or plants for the reduction of animal matter.
Alley: Any public thoroughfare v~ioh affords only a secondary means of access to
abutting property.
Apartment: A room or suite of 2 or more rooms which is designed for, intended
for, or occupied by 1 family doing its cooking therein.
A~artment Court: See Dwelling Group.
Apartment House: See Dwelling, Multiple.
Automobile Camp: Land or premises ~vhich is used or intended to be used, let or
rented for occupancy by campers travelin~ by automobile or otherwise, or for occupancy
by or of trailers or movable d.~ellings, rooms or sleeping quarters of any kind.
Automobile Court~ A group'of 2 or more detached or semi-detached buildings con-
taining guest rooms or apartments with automobile storage space serving such rooms or
apartments provided in connection therewith, which group is designed and used primarily
for the accommodation of automobile travelers. Automobile WreckinK~ See Junk Yard.
Basement: A story partly underground and having at least ~ of its height above
grade. A basement shall be deemed a story if the vertical distance from grade to the
ceiling is 7 feet or more.
Block: That property so designated on an official map of the city or part of the
city, or bounded by streets, or by a street or streets and railroad right of way,
canal right of ~vay, or unsubdivided acreage.
BuildinK: Any structure having a roof supported by colmnns or by ~ralls and de-
signed for the shelter or housing of any person, animal, or chattel.
BuildinK, Accessory: A subordinate building, the use of which is incidental to
that of a main building on the same lot.
BuildinK, Main: .A building in ~vhich is conducted the principal use of the lot on
-15-
which it is 'situated. In any R or A district any dwelling shall be deemed to be a
main building on the lot on which the same is situated.
BunKslow Court: See House Court; also Dwelling Group.
Business or Comeroe: The purchase, sale, or other transaction involving the
handling Or disposition (other than manufacture, reduction or destruction) of any
article, substance, or commodity for profit or livelihood, including, in addition,
office buildings, offices, garages, laundries, lumber yards, outdoor advertising signs
and outdoor advertising structures, recreational and amusement enterprises conducted
for profit, and the commercial excavation of building or construction materials, but
not including junk yards as defined in this ordinance.
Court: An open, unoccupied space, other than a yard, on the same lot with a
building or buildings and ~:~hich is bounded on 2 or more sides by such building or build-
ings, including the open space in a house court or court apartment providing access to
the units thereof. "
District: A portion of the City v~ithin which certain uses of land and buildings
are permitted or prohibited and' within v.4~ich certain yards and other open spaces are
re. quired and certain height limits are established for buildings, all as set forth and
specified in this ordinance.
District, 3acre Restricted or Less Restricted: In the following list each district
shall be deemed to be more restricted than the districts succeeding it: R-l, R-2, R-3,
R-4, C-l, C-2, ~,~-l,
DwellinK. 1-Family: A detached building designed. for and occupied exclusively by
not more than 1 family.
Dwellinn, 2-Family: A detached building designed for and occupied exclusively by
2 families living independently of each other.
DwellinK, i,~ulti~le: A building or portion thereof used and designed as a residence
for 3 or more families living independently of each other, and doing their o~m cooking
in said building, including apartment houses, apartment hotels and flats, but not includ-
ing automobile camps.
DwellinK Grou~s: A group of 2 or more detached Or semi-detached 1-family, 2-f.'~',dly,
or multiple dwellings occupying a parcel of land in I o~:mership and having any yard or
court in common, including house courts and ap-~rtment courts, but not including auto-
mobile courts.
Family: One or more persons occupying a premises and living as ~ Single house-
keeping unit, as distinguished from a group occupying a hotel, club, fraternity or
sorority house. A family shall be deemed to include necessary servants.
Front Wall: The wall of the building nearest the street upon v.,hish the building
faces, but excluding certain architectural features.as specified in Section 12.
Gara~.e, Private: An accessory building for the storage of self-propelled vehicles.
GaraKe, Public': Any premises, except those heroin defined as s. private or storage
garage, used for the storage or care of self-propelled vehicles, or where any such
vehicles are equipped for operation or repair, or kept for remuneration, hire, or s~le..
Garaff. e, StoraKe: Any premises, except those herein defined as a private garage,
used exclusively for the storage of self-propelled vehicles.
Grade: 1. For buildings fronting I street only, the elevation of the side~valk at
the center of that wall fronting the street. 2. For buildings fronting more than 1
street, the average of the elevations of the sidev.~lks at the centers of all walls
fronting stree.ts. 3. For buildings havLng no wall fronting the street, the average
level of the finished surface of the ground adjacent to the exterior walls of the build-
ing. 4. All walls approximately parallel to and not more than 5 feet from the street
line shall be considered as fronting the street.
Guest Room: A room which is intended, arranged, or designed to be occupied or
which is occupied by guests, but in v~hich no provision is made for cooking and not
including dormitories for sleeping purposes.
HeiKht of Building: The vertical distance from the average Ievel of the highest
and lmvest point of that portion of the lot covered by the building to the ceiling of
the topmost story.
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Home OccuVation: Any use customarily conducted entirely within a dwelling and
carried on by the inhabitants thereof.
House Court: A group of 2 or more dv.~ellings on' the. same lot, whether detached or
in connected r~vs, having a separate outside entr,,nce on the ground floor level of each
family unit of such group.
Hotel: Any building or portion thereof containing 6 or more guest rooms used,
designed, or intended to be ,xsed, let, or hired out to be occupied, or which are occu-
pied, by 6 or more individuals for compensation, whether the compensation for hire be
paid directly or indirectly,
Junk Yard: The use of more than 200 Square feet of the area of any lot or the use
of any portion of that half of any lot., but not exceeding a depth or width, as the
case my.be, of 1OO feet, which half adjoins any street,~or the storage of junk,
including scrap metals or other scrap n~terial, or for the ~ismantllng or "wrecking"
of automobiles or other vehicles or machinery.
L. ot: Land occupied or to be occupied by a building and its accessory buildings,
or by a dwelling group .and its accessory buildings, together with such open spaces as
are required under the provisions of this ordinance and having its principal frontage
on a street.
Lot, Corner: A lot bounded on two or more adjacent sides by street lines, pro-
vided that the angle of intersection does not exceed 135 degrees, and having a vtidth
not greater than 75 feet.
Lot, Inside: i~ lot other than a corner lot.
Lot, Key: The first lot to the rear of a corner lot, the front line of which is
a continuation of the Side line of the corner lot, and fronting on the street which
intersects the street upon which the corner lot fronts.
Lot Area: The total horizontal area included within lot lines, including ~ the
width, but not to exceed 10 feet, of any' alley or portion thereof abutting any such
lot line.
Lot De~th: The average distance from the street line of the lot to its rear line
measured in the ~eneral direction of the side lines.
Lot FrontaXe: That dimension of a lot or portion of a lot abutting on a street,
except the side of a corner lot.
Lot Lines: Lines bounding a lot as defined herein.
Non-conforming Use: A use that does not conform to the regulations for the dis-
trict in which it is situated.
One OwnershiV: Ovmership of property (or possession t~hereof under a contract to
purchase or under a lease the term of ~.ich is not less than 10 years) by a person or
persons, firm, corporation, or partnership, individually, jointly, in co,.~non, or in
any other manner vrhereby such property is under single or unified control. The term
(~,mer shall be deemed to mean the person, firm, corporation, or partnership exercising
one ownership as herein defined.
Outdoor Advertisin~ Sign: Any sign of any kind or character whatsoever placed
for outdoor advertising purposes.
Outdoor Advsrtisin~ Structure: Any structure of any kind or c_haracter erected or
maintained for outdoor advertising purposes, upon ~..fhich any ot~tdoor advertising sign
may be placed.
Story: That portion of a building included between the surface of any floor and
the surface of the floor next above it, or if there is. no floor above it, then the s.~ace
between the floor and the ceiling next s.bove it.
Story, Half: A story ~vith at least 2 opposite exterior sides meeting a sloping
roof not more than 5 feet above the floor of such a story.
Street: A public or private thorou. ghfare v:hich affords the principal means of
access to abutting property, including avenue, place, vn~y, drive, lane, boulevard, high-
~vay, road, and any other thoroughfare except an alley as defined herein.
Street Line: The boundary between a street and abutting property.
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Structure: An~ching constructed or erected, the use of which requires location
on the ground or attachment to something having location on the ground,
Structural Alterations: Any chanSe in the supporting members of a buildinG, such
as Bearing walls, columns, beams, or girders.
Use: The purpose for which land or premises or a building thereon is designed,
arranged, or intended, or for which it is or may be occupied or maintained.
Use, Accessory: A use incidental and accessory to the principal use of a lot or
a building located on the same lot. Any agricultural use in any R district shall be
deemed to be accessory to the residential use.
Yard: An open space other than a court on the same lot with a building, which
open space is unoccupied and unobstructed from the ground upvard, except as othemvise
permitted in Section 12. In measuring a yard, as hereinafter provided, the line of a
building shall be deemed to mean a line parallel to the nearest lot line drawn through
the point of a building or the point of a dwelling group nearest to such lot line,
exclusive of the respective architectural features enumerated in Section 12 as not to
be considered in measuring yard dimensions or as being permitted to extend into any
front or rear yard.
Yard, Front: A yard extending across the front of the lot between the inner side
yard lines and measured from the front line of the lot to the nearest line of the
building; provided that if any Official Plan Line has been established for the street
upon which the lot faces, then such measurement shall be taken from such Official
Plan Line to the nearest line of the building.
Yo. rd, Rear: A yard extendlno~ across the full width of the lot and measured
bet~een the rear line of the lot and the nearest line of the building.
Yard, Side: A yard between the side line of the lot and the nearest line of the
building and extending from the front line of the lot to the rear yard.
SECT ION 23: INTERPRETATION
In interpreting and applying the provisions of this ordinance, they shall be held
to be the minimum requirements adopted for the promotion of the public health, safety,
comfort, convenience, and general welfare. Except as specifically herein provided, it
is not intended by this ordinance to imp~.ir or interfere with any permits previously
adopted or issued relating to the erection, construction, establishment, moving, alter-
ation, or enlargement of any buildings or improvements; nor is it intended by this
ordinance to intorfere with, abrogate or annul any easement, covenant, or other agree-
ment betv~en parties; provided that in cases in which this ordinance imposes a greater
restriction upon the erection, construction, establishment, moving, alteration, or
enlargement of buildings or the use of ~ny such building or premises in said several
districts or any of them, than is. imposed or required by existing provisions of law or
ordinance or by such rules, regulations, or permits, or by such easements, covenants,
or agreements, then in such case the provisions of this ordinance shall control.
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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 ~day of ~
1937, by the following vote:
City Clerk and o Clerk of the
Council of the City of Bakersfield.
APPROVED by me this ~~y of~ ,1937
MAYOR of the City of Bakersfield