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ORD NO 1010
• • op A. r•A tt,: USE MMIG OF D7:NAr.,M.; 17 . I -A. BAKEROPIE'LL:, CALIFORWIA E%To"?et t B. rI31clG:`9 Planning C•.)-ia 1t:t 505 :vegovia Avs-.wo i�1 Gabriel, C;}Iif:mLa SkCO;�rr DRAFI C INDE Y PART SUBJECT, PAW 1 Adoption d1& -Zov kr,7. Play 1 2 Definibionu P. 3 establishment cf Lones 12 4 R-1 Cns-Family Drel.lirg Zv,1.3 14 5 R-2 Taro-family D-a-alling Long 16 6 R-3 Limited Dwal•!ing Lone 1.8 7 R-4 Multiple ::ai).y Dv,tl.+ing Garza 20 6 0-0 Professional Uffics A011a V.d4 9 C-1 Limited Conmarcf.el Zoua3 2f 10 C-2 Commeral.31 Lc:::e 27 11 M-1 Llght, 111E-:auf'an!.us ing A.,)-a l 30 12 X-2 Oenerel it a .u."i-eturizia /rarer 34 13 A Aiptculturzl 4c rxe 36 14 . P Automobils F..►S?:.'kTIg Z=.a 37 15 D Aroh'tecf ur?.. 7-3psipi zo.b 38 16 W Oil Well Lonn 39 17 General Provi 40 18 Automobile Pu::2kk:.g Raq•:i.r3mants 46 19 Varianceso Modirlcatioxas axd Zoti:t Clzaugos 49 20 Conditional Upso PE-nmitl a 55 21 Zoning Upon An.Tk3r.Errion 58 8P Certif'icats ols ')r c.upnn.-.y J9 23 Enforcement and N111al"e.;r 60 24 Validity and ..+peals 61 95 Enactment 62 OR:)f 2.'•iv ff.+� :1(' I��'Y1 SERZ15 z y t ...�. T •� AN GRDINANCE E.T,0LISFITN".1 '- f`MLATIMIS, r-00 LIMIT THE USES OF L AI D, T3E LOCAT]4A ANO UHMS OF BU::::.'DIN11TS, THE H ;I':-HT AND BULB OF S UIM TM'13 r Vir' OPEN SPA IM3 ABOUT SUILDINOS y THE DIKO- SIGNS MID j:1::.1tS UR :TJ!LDINC; SITES AND THE Eiti= TE iQAL APPEARAI10E OF' !'UI:,D BIOS WITHIN G'ERTAIN ZONES ADOPTIN3 A ZONING W.P; 11RJ°I::D :NO FOR ` IM ADMINISTRATION AND ENFORCEMENT OF SUQIi :i 'IIJLA IONS, AND PRESCMING MRALTIES FOR VIOLATIONS ;-i:�RT4�OF, BE IT ORDAINED by :he Covaicil the City of Bakersfield, as follows: P 1RT :!. ADOPT :,)N OF Z0d T1C ^ PLAN Sec. 1..00 Thera is htpre?.-y ed:.p!.-,ad a presiae, zoning plan for the City of Bakersf ield,c Sec. 1.01 Said zoning plur, Is a:icpted to. promote and protect the public health, safety, veaeos morals, conventance and general welfare, and fo,- the accomplishment' thereof is wc;opl:,,cLy among other purposes for the following more particularly specified p-ai- rise • to wit: (a) To. assist in providtnS a Caff.rite plan cif development for the City and to aL:d:iy aartrvl and resaulate the future growth of the C .tw in acemirdcnee with said plan. (b) To protect the oetab .ishw . character and the social and economic 'stabili.t.1 o£ a&-iculturals reesidential, commercial, Industrial and c.thur ar.:-iE- w!.thin the City, and to assure the orderly and bona{3.::'•_-1 d velopuent cf such areas.. Sec., 1,02 Said zonlIpte ula-n cou.airts of the establishment of various zones. within the inisorporeted tei 1:ory n,' asi.d city within some,. a11, or none of which it shall be lawful., ead LYithi_1 soave, al) c+r none of which it shall be unlawful bo erect, construct, t:ltsr-) crol-eiy locate or maintain certain buildings or to carry on certain trafts or oc:cu-r.a tons or to conduct certain uses of land or of buildings; within wh1ch V1.a Jtal phi• and tulk of future buildings shall be limited; within shish certain apsn ar-aoe,es shall be required about future build ings oral oonuisting further o.`.' r,.3prolrirte regu3.ations to be enforced in such zones, all as set forth in thiu Drd venee. Page 1 s iT � •= i P=:FT-1 DVIVV ft161423 SECTION 2.00 DEFINITIONS This ordinance shall ba lsncnin na the "Land Use Zoning Ordinance of tas City of Bakersfield. * For the purpose of this oe inan-.1o, certaln words and phrases are defined and certain provision: *hall be construed as herein set forth, unless it is anua_rent from tiho contest that a different ;neaning is Intended. When not inconsistent with the context, words used in the present tense include the future, •vords in tho singula:.? number include the plural number and words in the pluil •.Lumber include tho singular number and the masculine includes the feminin9. SECTION 2.01 "ACcCSSORY USE" A use naturally and narraa27y incidental to, subordinate to and devoted exclusively to the wain use of -.,he promises. SECTION 2.02 "ACCESSORY BUILDING•" A detached subordinate buil.dingr the use of which is customarily incidental to that of the roe n ':wild i.=ic, or to hs main use of the land and which is 'located on the altzZ lot with the :nal.n building or use. SECTION 2.03 "ALLEVI A narrow public way 1:as:3 it wid"01% than a st;fveet, permanently laid out or reserved by the gov. r-ail,'- body as a secoulary means of access to abutting proDarty, or dedioa%;ed�for ':hat purpose , Page 2 i.� T , t3jtp ' %9- 4 r f SECTION 2.04 "APART10NT HOTEL" A building or portion thereof designed for or containing both Indivi- dual guest rooms or suites of rooms E.rAd dwelling units, used or intend9d or designed to be used, let, or hired out for ccmpensation in money, services or other things of value. SECTION 2,05 "APARTNZNT HOUSE" A building, or portion thereof. dosi.gno3 for or occupied by three (3) or more families ]giving it.:Capendefntlj• of a ech other. SECTION 2,06 "BOARDING HOUSE" A lodging house where for compensFit ion and by prearrangement for definite periods, by the week or greet•ee tarm, tableboard is nr•ovided ;o guests and others, but wherein meals are not furnished to occasional or transient- customers. SECTION 2.07 "BUILDING" Any structure having a roof supported by columns or walls, SECTION 2,05 "BUILDIN s HEI BHT" The verticle distance from the average In!.shed ground level of the site to the highest point of thc+ strrxt•iro„ SECTION 2.09 "BUILDING SITE" The ground area of a br.l."Lding or fmo-ap or buildings together with all open spaces as required by this Ord;s.sn4e.. SECTION 2.10 "BUNGALOW COURT" A group of three or mote, Catache:d cng-story, one-family or t1vo-family dwellings located upon a *i_gle: lot ar )u dirg sites together ivi yh a2. I open spaces as required by this Ordiz.?r.-3ep 'aut not including tourist co�•�a- SECTION 2.11 "BUSINESS OR COMKRRCE" The purchase, sale or cth_er trar_station involving the herndlizig or disposition of any article~., wibr tanors o:9 commodity for profit or liveli- hood; recreational or amuE:f,a-wat enter.pristir;, and trades rendoeing per- sonal services. Page 3 • T . r' r t SECTION 2.12 "CARPORT" A per.Imnent roofed strunt-a:ti a w!.th riot morn then two enclosed sides used or intended to be used for su%om-obila shelter and storage. SECTION 2.13 to CH04 CH" A building, together with Its accessory buildings and uses, where persons re:*ularly assemble for xorshl.p, and which building, together with its accessory buildings and use:3, is 1-naintained and controlled by a re- ligious body organized to sustatii public worship. SECTION 2.14 "CLUB" Any organization, group o:• as-ioc:iation supported by the members there- of, the purpose of which i.q tc :=snder e. service customarily rendered for member, and their ingests, but shalt. not i.ne.lx.de any organization, group, or associa- tion the chief activity of which is to render a sorvice customarily carried on as a business. SECTION 2.15 "DWELLING" Any building or any pert Lo--z t :i a ecf; vhioh is not an "apartment house" or a "hotel" as def .vs.d 'Ai Vai.* Ordia ar..ca,. which contains one or more "apartments" or "guest: roons", 116e6, ir_tendsid, or designed to be built, used, rented, leased, lo'.. or kd red out to bo occupied, or which is occupied for living purposes. SECTION 2.1E "DWELLING, ONE pjUtILY" A detached building c:onta'•.ninf; vnly one k:.t••chen, which building Is desim�ned and used exclusively for occupancy by one fomily. SECTION 2.1 "D�"•.�LLIN^, x':�J-FAP.i?L�C°} A detached tuilding oor�.t na :-ling two dwallint, units, and designed for oocupaney by Uivo (2) famliies, livir.g Independently of each other. SECTION 2016 "DWELLIN , GGROUP" A combination or arre.ngemF_:•tt c.-f dwellings on one (1) building site. Page 4 M or C • jTL14 1.s. 1 S SECTION 2,19 "DLVELLIN J, MULTIPLE F AMILY7' A building, or portion whereof, dosY&ped for or occupied by three (3) or more families living i.ndepandentl.y zf eaoh other. SECTION 2.20 "DWELLING UNIT" A building or pertt.o•a thereof con•:si::ing brat one kitchen, designed and/or used to house not more than or-e .:`a��i.iy, including all necessary employees of such family. SECTION 2.21 "EDUCATIONAL INSTITUTION, COLLEGE OR UNWEISITY" An institution of siigre T lerirniaia Waring academic instruction equivalent to the standarda presdrIbed ')y the State Board of Education. SECTION 2.22 "FAMILY" An individual or two (2) or more pax aon. 6 ralated by blood or marriage, or legal adopticri, or a grc•up of not to exceed five (5) persorta (excluding servants) living togaither ar, a ainglh house-keeping unit in a dwelling unit. SECTION 2.23 "GARAGE, PRIVATE" A building or portico of a buildi zg in vk+ich motor vehicles used by the occupants or tenants of the mtrin buLldi-ng or buildings on the promises are stored or kept. The c(:c:asiunal i nd inaidensal renting or parking space in said garage ehall ::.bt affoct ] ..a aharsoter as a private garage. SECTION 2.24 "GARAP•E, PUBLIC" OR "COMME-1K.I:AL" A building other Masan 3 us,d for the care, repair,, or equipment of automobiles. or ti: er,.- c :ch veh.1cl.es are parked or stored for remuneration, hires ov a .19. SECTION 2.25 "GRADE" Grade (ground leivel* S.a t:ie r.-vor•hge -if the finished ground level at the center of all via11., of a b ilt inn. In csse walls Eire parallel t* and within five (5) foot r:" s acid jq-ctiud level shall be measured at tho sidewalk, Page 5 r � jr SECTION 2.26 "GUEST HOUSE" An accessory, detach:.: siw-�'.1.:`.x �; without aay 'Iitahen facilities designed for and used to house Ylanl -cq•inF rialtor--s or guests of the occupant of the main dwelling. SECTION 2.27 "HOME OCCUPATION" Any use customarilaNy carried oY, within a evc,11ing by the inhabitants thereof, which use is inciel3ntal to the residential use and where no retail business is conducted and no sigras are displayed; except as permitted by this Ordinance, and where no ne:ehendise or other articles are offered by, sale, and no as-cistants Pro o aployed; occupa.t Ions such as hair dressing, manicuring: barbering, +sunde:rin3 oV clothes or ether articles, massaging, physio-therapy, carpentering and automob:.le repairing for compensation, and commercial manufacturing, shall' :ao ; be permitted as home occupations. SECTION 2.26 "HOSPITAL% "SANITARIUM" Any inatitution, plac:39 building or agency which maintains and oper- ates organised facilities for t-'v) d1 ap;nosis' testa and treatment of humsn illness, including convalerase:eno3 and including care during said after vregnancy or which maintai.ri3 and opa;re.tes organized facilities for any such purpose and to which psrscn3 mr..y be admitted for overnight stay or longer. "Hospital" include ri nuiisin;.; home, maternity home and lying-in asylum. SECTION 2.29 "HOTEL" Any building conttair,f.'ag a:.•r. (6) or more roams intended or designed da to be used, or which are ose rantad or hired oat to be occupied, or which are occupied for sle oiling purposes by guoFit;s, and where only a general kitchen and dining :room are provided within the building or an accessory building. SECTION 2.30 "SUNK YARD" The use of more than 400 square feet of they area of any lot, whether Inside or outside a builditg, or the:: use of any portion of that half of any lot that joins any streaet, a'or a:her storage, keeping or abandonment of ,dunk. Page 6 f i� " � � f • r 4 js i '�ii Y f f • SECTION 2,37. .s ; • A parue; o.1 land Fps a; .r:p:_ c3 } a used building or unit group of buildings end bulldl-ag.s; tegither with such yards, open spaces, lot �Pid-,,h Kr.d art; .+�dea �s ;::,j reel-aired by this ordi- nance, and having frontage upl;,-a a street ;other Gt_an an a.11ey) or a pri- vate easement determined by ;Ara c:cmn•.i.ssicLi to tr: ade-Iuata foil purposes of access. SECTION 2.32 "LOT AREA" The tote.l horizontal witfi•:i.n th a lot J wipe=s of E. lot. SECTION 2.33 aaI,OT, CORNER" A lot situated at th- of two (2) or m:)7.a t.treets having an angle of intersection c_f goers: thPrf o_,ea h.=_dred thirty-five (135) degrees, wi:h a boundary a.i:ia t1r.:;=fcc,I bor•C.o-cing or_ each of the streets, SECTION 2.34 "LOT, INTERIOR" A lot other than a :a cat, SECTION 2.35 "LOT, KE'f" The firtat lot to the -.-ta. -if , raze:,sad crizz er lot and whether or not separated by an Eller. SECTION 2.56 "LOT,, REVERSED CORNER" A corner lot the sic?t, a;trc:it a i.ns of Rhict:. 1.8 aubstantially a continuation of the front ].ot a.:-no c.f they first ]nt to Its rear. SECTION 2.31 11 ZM, THRbtr:H'° ' A lot having frontc.gea c -i 1'2) pa.:a lea. or appro::imately parallel Ayreete. SECTION 2.36 "LOT LINE, FRONT" The property line divIalic a !-fit from a s{-v ast. On a cornex%ob only one (1) street line shall bj ccsi.qidr-:r-e•d &s a frost line .and the shorter street frontage shall be ccr:aa i d.-.ved k-he front ].:i.t:ea, except in those cases where the latest deed rent; t tiei ai '-pocii'y anotri.,cia line as the front lot line Page '! SL•CTI ON 2.'q 9 1'I0T LINPp REAR" The 3.1re, opposits 'U.7t ..:a•• . . '. A l.ins SECTION 2,4:0 "I.OT LINTE, SIDE"- Any lat 1'Laes other :.Ihau "Lot liner oc r:asr lot lines. ,E'CT I ON 2.41. "NON-CONFOF MUG BUILLDINV A bu!.'.dinq or strut.#-i pc.rt;l.on thierc;;f conflicting with the provisions of this ordinem•:a ':o •ths w2ne in which it is situated. SUTION 2.62 "VON-CONFOE:gM USE" The Use of a structu,20 W ;:)r: :*!.ies conf] Latin& with the provisions of this Ordinanae. SECTION 2..S "PERSON" Any ...ndividual, hi .tair Qr3Cllto:" cr. W-mini:atrator, firm, co- pawrtnership, association.. :Jgab, `rstoz•na:. orga?lizat on, corporation, e date; trxistee, receiver, a,rm:� :.:at 3, ci-;y, co-rntyy, municipality, dis- trict or other volitical orb way c-.her group or combination acting as—vi unit. 1 Sf�CTION 2.r.:4 OF:EST HOME" or "COHVALES(` :!:i' -3:f1:"i A buf.lding and prone) •.s is zX0 an which t•;r or more sick, injured or infirm ambnls.tory persons tir ti � t:-.xa.r e. or int an&3 id to '3e housed for compen- station and which ch Is not ec iti.•p,pe ci of lute_Yded V! -vieused as a hospital, SECTION 2.5 °POOMINO HOUPE"• A bu 1ding contain-p; •slit s e 11• ) or more ;;ueet rooms, used, designed, orintendeci to be used, 2.; :: •ir 'Uro-c, to be ot,rupied or which are occupied by three (3) or more r rl tb or withe-tt rle:als, for compensation, ai• permanent guests pursuzilt. tc for compensation for definite perlods, by the z.girsrh r.+? t-rester torm. and in which rooms are not occupied b, , nor meals sox!r% i, ;o ir&asienre. SECTION 2.-k:6 "SCHOOL, LLSEI NTARY" All uchools, in whi^li ir.•0,mit Lion is given to the eighth grades in- clusive, or in sny one or nc•.se r,r' e:i:eh grades such is prescribed by the Education Uode of the Ste:r of oal;fcrnis Page 8 Y f ire : ■ SECTION 2,47 "SCHOOL, HI0H" All schools in which Instruction 1.8 ;;Ivan in the ninth, tenth, eleventh, and twelfth ga-ados as rrqu::r +c' for public schools by the Education- Code of the Stato of Califor-ita., SECTION 2.4B "SHALL" as used in thin Orc'i:i arize; 1.:1 -■.anit•.torr. SECTION 2.49 "SERVICE STATION" •, . A retail business ast abli.sh-CID i; --iri•u:.rily supplying gsno]Ine and oil and minor accessories &-nd ssr.►icois for automobiles, excluding steam cleaning of motor vehi lea. SECTION 2.50 "STABLES, COMMERCIAL" A stable for hoTae:s t fs be Dts h .red . or ikeed on a comr:e•�.eial basis. SECTION 2,51 '•' "STABLES, PRIVATE" A stable for ho..aos A ba u-sed b-�• tho o-nors thereof. SECTION 8;52 "STORY" That portion of a b:A 1.:,.3iUg nc••:ltii.led Between the surface :f any floor and the surface o:• f'aa%� r ex.; at-+ve Its or if there be no floor above its then th:= 1:.•nca ba".dwE en riue i fit-or and the ee:.ling neat above it. SECTION 2.53 "STORY, HALF" A story with at lc}a3 : bVit) (2) Of it:= oppa:aite sides situated in a sloping roofs the floor a:■.■.:7 of v%ic;i :oar not oxce.ad two-thirds (2/3) of the floor area iwasd:ass 1.7 be.1 )w it . SECTION 2.54 "STREET" A public thoraugh.,'a•-■:, ah.ak of:.o •cis .;he principal means of access to abutting property:. Page 9 f r + -P Y 't SECTION 2,5t. •!.STAU0TM Anythj.ng constructad nr .alp ;:tie l� r�+:.c:�a r�, iirau location on the ground or attached Co somrtin?:i3 :'avi ig :,t On the ground, but not inoiudiiig tentar vahiel3s, -jr fe_i:e:s o' •Nallf, used as fences less than six (6) feet in height;. 3Ea@ION 2,56 •"TOTIRIST COURT" A group of buildirEr,-i 'asf.Lr sG fur as% b•y tourists or transients with living or elf-aping rocnij E.L:?QE:ee % par,%irg spaces and related facilities advertised or oif;:rei- .gin cozaarcia . basis, including an auto court, motor courts Ee•,:i mo�•� .� 7 c]:;e SECTION 2,57 "TRAILER, HOUSE 011L COACH" A aehxcls dosigneds 1;t 1pr id r efor used s e: dwelling or for living oralooping purposes, 330TION 2,58 "TRAILER COURT OR PARK" Arty area or tract o.0 ? &Y'c' �.he_°o spfce� is :�Enrc�d or held out for rent to two or mo?o own-Ora r r,..:3re of t=Tiler ::0a011Gs or trailer housas, SECTION 2,59 is USEs1 The purpose for rrihich Imi.3 tier a building arranged', designed or intended, or for whi.ca el-thar- la:-Ld or a bull .]'Lng is or may be oacu- pi ed or maintained. SECTION 2,60 l'USEs CHANGE OF". A diecanti:auance of I'. a x i:zti..ig use end .•II)stitution therefor of a use of a different kind oi? 01.:As , SECTION 2061 "YARD" Land unocct:.piod or in.�,bati oxcept such encroachments as ma;r be permitted by this s irrau_nd n,1 a bui.lding, SECTION 2,62 "YARD, FRONT" A yard extending aoresa thm ial"L width of the lot between the front lot line and the nearest •ve ti tict:l z apport or will of tha main building or enalosed or covered poreb attachmd thereto. The front yard of a corner lot is the yard adjacent to hho shorter street frontage, except in those caaes where the Latest de-.6 :-?e.M;r1rt10r3s spe:oV'- another line as the front tot line, Page 10 f SECTION 2.63 "YARD, REAR" . An open unoccupied space c.--A tl•-c- same lot •:jith. "Ghe main building . between the rear line of zhe nea:-esY vertical �:.•:pvoit or wall of the main building or enclosed or coy*ersd 3orch' attached i-h.ereto and the- rear line of the lot and extending the full width of the lot. SECTION 2,64 "YARD, SIDS'" A yard on each side of the main building extending from the front yard to the rear yard, the width of each yard baing measured between the - side line of tha lot and the nearest; vertical K•::Fport or wall of the main building or enclosed or covered porr.:h attached thereto. Page 11 3 * � p {sue ¢ s �ARi 4061 -'•ONES SECTION 3.00 "ESTABLISHMENT OF ZONES" The boundaries of zones sit i11 be as s'towta u pert the zoning map of the City of Bakersfield, att atto 3ted copy off' whf ch is attached hereto. Said mans and all amendments, o}a anges and exten;sionn thereof, and all - legends, symbol$, notations; refirenoes, and ot.',%er matters shown thereon shall be a part of this Ordinane,% and shall oott:•.titute Section 3oOl hereof. SECTION 3.01 "ZONIN F MAP" Zoning map of the City of 3akersfield. SECTION 3b08 "BOUNDARIES OF ZONES" The boundaries of such tots-on as are shosnt upon the zoning maps or amendments thereto# are hop.by n1opyted and the :Fecific regulations as hereinafter set forth for uwafh zone and the gau.-ral regulations applicable herein are hereby establ;chaff: and declared S:o b.-' in effect upori all lands Included within the boundarLa s of each and eves: zone as shown upon said zoning map. Where uncertainty exists a?'. to *:he bounda;i-Leis of any zone shown i on said maps the following rula* shall apply: A. Where such boundia_-ies .ire indicated a., approximately following• street and. r1ley lines or lot 1".:Yes, as the cE3 a may be, such lines shall be constll-�qed`'co be such boiradar:as,- Bo In •ansubdivided proper'Ry or where a as-;rte boundary divides a lots the location of such boundary,, unless tho same is indicated by dimensions, shall be deteric-Lved by use of the appearing on the map; C. Where these rulei a:re inapplicables i; ae: Planning Commission shall determine the location or .b oundt•.a iesj _...._,._. D. Where any public atreas or allsy Is o:'Vicially vacated or• abandor,Leds the regulations sapplionable to abutt ----&g property shall apply equally such vacated or nba--., ioncad street or al:::;; ; Be Where any private x4g ii.-of-way or ea3•:dent of any railroads railways canals transportaticn trr public utili-::r company is vacated or abandoned# the regulations applicable to abuutti•.tl; property-shall apply equally to such vacated or Abandoned property. F. All property in the City of Bakersfie ,d not otherwise classi- fied and all property herei,%er annexed and no*; zoned upon annexations In hereby classified as R-1 Zones: Page 1.2 16 SECTION 3.03 � •Y "USES PERMITTED IN ZONES" So land shall be us&d, an: no 'building ors stru..oture shall be erected, constructed, enlarged, altavadr moved;, or t,sed in any zones as shown upon the zoning map, exasat: in +accordinno -mitt.. the regulations es- tablished by this ordinance.. SECTION 3.04 °DESIGNATIONS OF ZONES" The several classes of zo yas Aereb;y and Lazo which the City is . divided are designated as :ollo-;a: R-1 One-Family Ma liag Zone . R-2 Two-ft nily :wel l i:zg Z or e R-3 Limit.r•d Mul Ap...i3-?ami.ly Dwelling Zone R-4 Multiple-Fa.id.ly Dwelling e:.�•zr3 0-0 Profassi.ona. OffI.-,e Zox:9 0-1 'Limitad Com::arc:`.al Zc•ne C-2 Commercial tone M-1 Light MRruf %atu-i-ins Zor_•e ` M-2 Genera Flan :.t'aaW2ring Iona ... ...A Agric:;l.tura'. . P Automobt'le `arkuig Lune . D Archit;utur i 1 Lo Agn Zone . W Oil '11011 Zo Le _...,_........... Page 13 r = + a • � 1r Y j i . i w T PART 4 R«7"� SECTION 4oOO RR-1 ONE-FAMILY DVMLLING ZONE" The following regulations shall apply in the R-1 one-family dwelling zone unless otherwise provided in this Ordinanceo SECTION 4.01 RUSES PURNTiR'EDR Ae A only-family dwellinge Be Accessory buildings or struoturea Including a private garage tba 'area of which shall not exceed twelve (12) per cent of the area of the lot. C e gt addition -to the house number, one (1) unlighted sign of not to emceed one-half (*) square, foot in area attached to and parallel •witb the front wall of the buildings and containing only the name and title or ocoupa- tion of the 000upant. De One (1)' sign' of not to exceed four (4) square feet in area adver- tising the premises for sale, lease or rent.9 located not nearer than ten (10) feet to adjoining premises, nor nearer than five (5) feet- to a street line. Be Private greenhouses' and horticultural oolleotionss flower and vegetable gardens and fruit trees: not used or Intended for commercial pur- poseso Fe Where. a dwe=mg oxistsy prior to the passage of this Ord 3aances' oh the rear half of the lot and at least seventy-five (75) feet back of the front lot line, an additioral dwelling may be oonstrunted and maintained on the front half of said lot when' the house on the- rear half of the lot will be 'used only as as accessory building or guest house and not to be used contrary to the provisions of an R-1 sons. . SECTION 4.08 RBIIILDINO BEIGW Two and one-half VC stories and -not to exceed thirty-five (36) feeto SECTION 4e03 "FRONT YARD". There shall be a front yard of not less than twent8-five (25) feet, exoept9. where lots comprising forty (40) percent or more of the frontage on one side of a street between Intersecting streets are developed with buildings having an average front yard with -a variation of not more than' tea (10) feetip no building hereafter erected or structurally altered shall p"Jeot beyond the Average- front yard line so established. Ih determining such front yard depth,, buildings located more than thirty-five (35) feet from the front property line or buildings facing a side street on a corner lot shall not be considered. Page 14 R-1 s SECTION 4,04 "SIDE YARD" There shall be a side yard on each a 1 deg of o main building' of not less than five (5) feet# and the u1nimum si de yq:ad of a corner lot shall be ten (10) feet on the si6a street frr+nt�f.e. SECTION 4,05. "REAR YARD" There shall be a rea•: yari hehinc: 64:ry r.:air building of not less than twenty-five (25) feet t:•reaty (::0) tar a:snt of the depth of the lot, whichever is less. SECTION 4,06 "AREA REQUIREMMTS" The minimum lot area shall tie no,;, lac a 1:hrn five thousand (5000) square feet per dwelling ter i•;, iprovide;c.., h:we ye,�# that when a lot has less area than herein rec.�iz!-:)d ind the loft deaociption was recorded in the office of the Courty I.Pc oordar at 1 he t me of the passage of this Ordinance as a separate ]of . se.id lot ,tay c•a oco:tpi.ed by not more than one (1) dwelling unit, SECTION 4,07 "DISTANCE BJ'TWEER BUILOINIK ON 3E1:1'; LCi" There shall be 4 mini :r im 3iFcyavv--: of tern (10) feet between a building used for dwelling Iitrp•:sos ea.«c: ex soo::f:.ery building, There shall be a mi.a!xma diiitarc t. of aft (:;) -feet betwean accessory buildings, Pa: Rig a 15 F a Y ✓ •� r PART 5 R72` E SECTION 5.00 "9-2 TWO-FAMILY DWELLING Zan" . The following regulations shall &:;,3p:L-.r in .;lie R-2 two-family dwelling zone unless otherwise provided In this Ordinance. SECTION 5.01 "USES PERMITTrD" A. Any use rarraitt6 d in the R-1 zo:::. . ..Bo A two-family dwelling or two one -family dwellings.. C, The accessory buildings or struallsures necessary to such use, located on the same lot on parcal of 1E.nd, SECTION 5.02 "BUILDING HSIGHT" Two and one-half (BI) :sto:-ice ane n+)": to a xosed thirty-.five (35) feet.; SECTION 5,03 "FRONT YARD" 'There shall be a frcr.: yavd of nc t lDss tia;zz twenty-five (25) feet., eaoept, where lots compric.1.4; forty W.) •par ce:zt or more of the tiontarjs on one (1) side of a ctrect bet•••fefrz ini-aks:otln.3 streets are ieveloped with buildings having an Ewes-age, front ya::Q *Xth a variation of not more, than ten (10) feet, no bulld!.ngri horeaits:j oreCted or structurally alters'd shall project beyond the an!.1rag.s f:o-t ya•� 3 11rr.i io establishad, In de- termining such front yard d•3ltith, r uildi.ng.?, ioas tod more than thirty-fiva (35) feet from the front pz .)por*:.y lire ar •i ailC-1nge facing a aide street on a corner lot shall not be c-mael-lerad. SECTION 5.04 "SIDS YARD" There shall be a side ;rar.•t c•n a ac:!a 3 Lde of a main building of not lose than five (5) feet, €r.d thn mintarm a l.de yard of a corner lot shall be ten (10) feet on the si.c.i st:�e:.t front. a, SECTION 505 "REAR YARD" - There shall be a real ;rar-1 behinc: a i; y rasi.n building of not less than twenty,-Five (25) feet ov V iar t y ear a xxt of the dep bh of the lot, whichever is less, SECTION 5006 "AREA REQUIREMENTS" The minimum lot arec! Jhal.: IM 107" -hyr.. twenty five hundred 25QO) square feet per dwcl l.i.ng urtiit, _-o,i i 3ed.. b.owever, that when a lot has less than herein requiric-. ax-,d was ;ecu:-3ed at. the time of tales passagx Page 3.3 r C L o • i yr . .'. M of this Ordinanoe, said lot; may be oocupie:ll b7 riot more than one (1) dwelling unit, SHOTION 5,07 "DISTANCE BETWEEN BUILJIINGS ON THE SA14r LOT" There shall be a miidnum distarci-1. of tw&,nty (20) feet between buildings used for dwellinc: purposes. There shall be a mini. raim distenco of ten (10) feet betv.eeiz a building used for dwelling curposea anti an aooaasory building, There shall be a mini unam listanoti 'of six (S) feet betwser, accessory buildings. Page 17 R- 1 • i + .y ., • F t PAR IT 6 R- Zone . SECTION 600 "R-3 LIMITED MULTIPLE-FAMILY DNVELLING ;ONE' . The following regulations shall r:pp].q irs the R-3 limited multiple-family dwelling zello knlefas oche::-eise provided In this Ordinance. SECTION 6.01 "USES PERMITTED" . ' A. Any use permittee: in the R-•l and R-2 zones. B. Tht■se-family dwaU sngs, four••fanily duallings, and bungalow courts. C. The accessory buf]dings or s',ruz-turee necessary to such use located on the same lot or of land. . SECTION 6.02 "BUILDING HEIGHT" Two and one-half (2J ;r.torios sns: nc+: to exceed thirty-five (35) feet. SECTION 6.03 "FRONT YARD" There shall be a fro=. t yard of rut less than fifteen (15) feet, except, where lots comprise:c; forty (40) per cent or more of the frontago on one (1) side of a atrevi 3etwean Wl;erse oting strosts are developed with buildings having an wcc::,age fror..t yard with a variation of not more than ten (10) feet, no bui]c ing heret.Z ;er erected or structurally altered shall project beyond the nt s:yage front yard. Zi.ne so established. In determining such front yard.. •iepth, bu.11dint p.s located more than thirty-five (35) feet from the front pY---:)erty line or buildings facing a side street on a corner lot shall not considerati. SECTION 6.04 "SIDE YARD" There shall be a aid; ;Tarsi on a c::h ;Uds of a main building aP not less than 'five (5) feat, ax r; the miniv::m side yard of a corner lot shall be ten (10) feet on Ube si-c .: street frontsf.;a. FagelS R-3 1 ■ ¢F . • • 7 i = 3' O 1 ti i • ■ SECTION 6.05 "REAR YARD" There shall be a rear lard behind ercivy grain building of not less than fifteen (15) feet. SECTION 6.06 . "AREA REQUIREMENTS" . The minimum lot area :hall be not let+3 than twelve hundred and fifty (1250) square feet psi- dwelling utilit,. SECTION 6.07 ' "DISTANCE BETWEEN BUILDINGS ON THE SAI-11: LCY)"I There shall be a mini.ism distana:f of :en (10) feet betwoon buildings used for dwelling purposes. There shall be a mini.:Um distance of 'Wen (10) feet between a building used for dwelling Purposes and an accessory building. There shall be a mini.wzn distansr: of six (6) feet between accessory buildings. Page 19 R-S ' •} , / 1 r i s • r a + • y � F a /Y r •y . PART 7 SECTION 7.00 "R-4 MULTIPLE FAMILY-DWELLING LONE" The following regulations shall apply in the R-4 multiple-family . dwelling zone unless otherwise provided in this Ordinance. SECTION 7.01 "USES PERMITTED" A. Any use permitted in the R-19 R-29 or R-3 zones. B. Group dwellings, multiple-family dwellings, apartment houses, apartment hotels; churches, schools, elementary or high; day nurseries;• nursery schools; boarding and rooming houses; institutions of educational, philanthropia, or eleemosynary nature; home occupations; lodge halls; and. private clubs, excepting clubs the chief activity of which is a service customarily carried on as a business. C. The accessory buildings or struatures necessary to such use lo-p oated on the same lot or parcel of land. SECTION 7.02 "BUILDING HEI:HT" Your (4) stories and not to exceed forty five (45) feet.. SECTION 7.03 "FRONT YARD" There shall be a front yard of not less than fifteen (15) feet,. except, where lots oompriatng forty (40) per cent or more of the frontage, on one (1) side of a street between intersecting streets are developed with buildin s having an average front yard with a variation of not more . than ten (101 Peat, no building hereafter erected or structurally altered shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than twenty-five (25) feet from the front prpperty line or buildings facing a side- street on a corner lot shall not be considered. B30TION 7.04 "BIDE YARD" There shall be a side yard on each side of a main building of not less than five (5) feet, and the minimum side yard of a corner lot shall be ten (10) feet on. the side street frontage. Page 20 R-4 r g s a s 5 :' ... Y ` SECTION 7.05 "REAR YARD" There shall be a rear yard behind every main building of not lead that fifteen (15) feet. SECTION 7.06 "AREA REQUIRrim-unS" The minimum lot area shall be not less than six hundred (600) ' square feet per dwelling unit. SECTION 7.07 "DISTANCE BETWEEN BUILDIN:S OW THE SANE LOT" There shall be a minimum distance of ten (10) feet between buildings used for dwelling purposes. There shall be a minimum distance of ten (10) feet between a building used for dwelling purposes and an accessory building. There shall be a minimum distance of six (6) feet between accessory buildings. Page 21 R-4 5 Y � .t PART 8 OM zMal S WTIM 8.00 "C-0 P11COM OM �FIOE zomil. MIR Mlowing regulations shall apply in the 0-0 Professional Office Zone unless otherlrise provided in this Ordinance,. �EM= 8.01 �� Ilium17111 A. AzW me permitted is the R-2 Teo-family dwelling sons, B. Professional offices for the follming uses only: Ascountants, architoots, attorne"-at:-lass, chiropraotoes; chiropodists, dentists, engineers, I surance ag mte agents. opticians; optatri.sts, osteo- paths, ftsiciaas, areal estate brokera. and sucgeons. 0. 1'he accessory buildings or structures necessary to such use heated -an the same lot or parcel of land. Atw ezterior sign displayed shall pertain only to a use conducted within the bui , and shall Conform, to all 31U. Lions of the City of 8mUmfleld�tining t+o signs. MOT=,M'�1 m Pour (4) stogies and not to eyed forty-five (45) feet& Tim hrere shall be a front yard of not lose Umm fifteen (15) feet. 8.04 "31M YARD" Nne, e=ept all 'bulldlgp used exclusively for dwellIM pu *ws shall sawly with the provisions of Uie R-2 Zone. SZOTM"KBAR MOP Mism shall be behind overy building a rear yard having a miniumi depth of tmsnty (20) feet. There there is an alley at the rear of the lot;, such rear yard wW be wasvred to the center of said alley. ti !V Y r r, •r t SECTION 8o06 °ARMA HEQIIIREB TSe None, saoept all buildb*e used exclusively for dwelling purposes shag". comply ultb the provisions of the R-2 Zone t BECT30DN 8*07 HPAWMG REQU]RMIENTSN For all professional offices the same area of parking space shall . be provided an the same site as there is floor spaoe In the office bu.Ud- Luge Page 23 0-0 " m e PART 9 •Y ` SECTION 9.00 "C-1 LIMITED CUMM'"ERCIAL LONE" The following regulations shall apply in the 0-1 limited commercial zone unless otherwise provided in this Ordinance. SECTION 9.01 "USES PERMITTED" A. Any use permitted in the R-1, R-2, R-S, R-4 and C-0 zones. H. Any of the following uses: 1. Automobile parking areas when developed as required in Section 14.01 if adjacent to a residential zone. . 2. Automobile service stations' S. Banks 4. Barber Shops 5. Beauty Shops 6. Hook Stores 70 Confectionery stores S. Dressmaking or milinery shape 9. Drug stores 10. Dry cleaning, pressing and laundry agencies 11. Dry goods or notions stores• 12. Electric appliance stores and repairs 15. Florist shops -- w---:-- -146 i3rocery, fruit and vegetable stores 15, Hardware stores • _ 16W _Hotels __ +� �M7.' 'Ice storage houses• of not' more than fiVe (5) ton capacity 18. Jewelry stores 190 Meat markets or delicatessen stores 20. Offices, business or professional 21. Photographic shops 22. Restaurants, tea rooms or cafes where all customers are served at a table or counter (excluding dancing, enter- tainment and sale of intoxicating liquors) 23. Shoe stores or shoe repair shops 24. Stationery stores. 25. Tailor, clothing or wearing apparel shops The above specified stores, shops or businesses shall be retail establishments selling new merchandise exclusively except- used merchgn- dise clearly incidental to the regular business conducted on the premises; and shall be permitted only under the following conditions:. a. Such stores, shops or businesses except automobile service: stations shall be conducted entirely within an enclosed building, . Page 24 C-1 b. Products made incidental to a pezimitted use shall be sold at retail an the premises. c. All public entrances to suah• stores, shops or businesses shall- be from incipal street upon which the property abuts ar within am- hundred100,Ffeet thereof, eucept that a rear or side entrance from the building to •a public parking area may be provided. d. Outdoor advertising signs and structures, when appta bensnt to any use permitted in the district and when located on the premises an which such use is conducted; also outdoor advertising signs and structures when used for informational or directional purposes. and subject to securing a conditional use permit; outdoor advertising signs and structures upon approval of the City Council after recos7nendat on of the Planning Cassmissian. e. 'fie accessory buildings orstructures necessary to such use located on the same lot or parcel or land, including a storage garage for the emolusive use of the patrons and wiplayses of the above stores or businesses. SSOTI0N 9.02 11359=330 IM3Mn pour (4) stories and not to emeed fifty (5o) feet. 99°§ All buildings shall be, located not nearer than fbrty (40) feet from the center line of a street. All buildings used ww1us vely for dwelling purposes shall comply with the provisions of the R-4 now. =mom 9.©4 "SiCR YARD" Where a lot abuts upon the side of a 1 t in any "R" zone, there shall be a side yard of not lees thenfive (5l feet. Where a reversed drm aer let rears upon a lot in any R" zones, the side yard on the street side or the reversed corner lot shall be not less than fifty (50) per cent of the -front yard required on the key lot.. In all other oases, a side yard fez' a comesersial building shall not be required. A21 bu1341i s used exclusively for dwelling purposes shell comply with the provisions or the R-4 now. C 9'05 MBAR YARD Misre shall be behind every building a rear yard having a miumm depth of twenty (20) feet. Where thus is an alley at the -raw of the lot, such rear yard may be measured to the center of said alley. Page 25 C-1 + _ i .. • SECTION 9006 "AREA REQUIREMENTS" bone, except all buildings used exclusively for dwelling pur- poses shall comply with the provisions of the R-4 zone,. SECTION 9,07 "DISTANCE BETWEEN BUILDINGS ON THE SAME, LOT" None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone, Page 96 C-1 Y �' ■ Y i Y ' L0• y•1 • • y a PART 10 10-2 ZONE SECTION 10.00- "0-8 COMMERCIAL WHEN The following regulations shall apply in the C-2 commercial zone unless otherwise provided in this Ordinance. . SECTION 10.01 "USES PERMITTED" . A. Any use permitted in the R-19 R-89 R-5s R=4; 0=0 and C-1 zones. B. Any of the following uses: 1. Retail or wholesale stores or businesses excluding any kind of maamufaotures processing or treatment of products other than that which is clearly incidental to the retail business conducted on the promises -and provided that no more than five (5) persons are employed, and not more than fifty (50) per cent of the floor area of the building is used, in the manufacture, processing or treatment of productss and that such operations or products are not objectionable due to noises odors dusts smokes vibration or other similar reasons. 8. Advertising sign boards or structures 5. Automobile parking areas 4. Automobile service stations (including steam cleaning) 5. Bakeries, employing not more than ten (10) persons on promises . 6: Bathes Turkish and the likb 7a Billiard or pool halls or bowling alleys 8. Blueprinting and photostating shops 9. Bird stores or pet shops 10. Churches, revival meetings 11. Cleaning and pressing establishments uaing non-inflammable and non--explosive cleaning fluid. 18. Conservatories of music 15. Department stores 14: Electric distributing sub-stations 15. Funeral parlors 16. Furniture stores. Page 27 C-8 17. Furniture warehouses for storing personal household goods 18. Garages, public, excepting painting or body and fender repair. 19. Hospitals or sanitariums, (except animal hospitals, clinics, hospitals or sanitariums for contagious, mental or drug or liquor addict cases) 90. Interior decorating shops 21. Medical- laboratories 22. Hotels, auto courts and tourist courts 23. Music and vocal instructions 24:• Music stores 25. Nurseries, flowers or plants 26. Printing, lithographing or publishing establishments 27. Public parking areas 28. Radio and television stores • 29. Refrigerated lockers • 30. Restaurants, tea rooms or cafes 31. Self-service laundries or launderettes 32. Storage garages, •including repairing and servicing 33. Studios . 34. Skating rinks• 35. Taxidermist a" 36. Telephone exchanges 37. Trade schools, not objectionable due to noise, odor, dust, smoke, vibration, or other similar causes 38. Theatres or auditoriums (except drive-in theatres) 39. Tinsmiths or plumbing shops 40. Upholstery shops Page 28 0-2 r ri S• � r y 1 . ? 4J& pre: '+ p 41. Used car sales areas, provided (a) that no repair. reconditioning of automobiles shall be permitted, except r when enclosed in a building and (b) that such area is located and developed as required in Section' 14.01 of this Ordinance j 42. Wedding chapels +� C. The accessolry buildings or structures necessary to such use located on the same lot or parcel of land. SECTION 10.02 ' "BUILDING HEIGHT" Six (6) storie4 and not to exceed seventy-five (75) feet unless the building sets back from each street, alley and lot line at least one (1) foot for each three (S) feet of height above six (6) stories or seventy-five (75) feet. No building shall exceed one hundred and thirty- five (135) feet or ten (10) stories. SECTION 10.05 "FRONT YARD" All buildings shall be located not nearer than forty (40) feet from the center line of a street. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone., SECTION 10.04 "SIDE YARD" Where a lot abuts upon the side of a lot in any "R" zone, there shall be a side yard of not less than five (5) feet. More a reversed corner lot rears upon a lot in any "R" zone, the aide yard on the street side of the reversed corner lot shall be not less than fifty (50) per cent of the front yard required on the key' lot. In all other cases, a side yard for a commercial building shall not be required. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. SECTION 10.05 ' "REAR YARD" There shall be behind every building a rear yard having a minimum depth of twenty (20) feet. Where there' ia an alley at the rear of the lot, such rear yard may be. measured to the center of said alley. SECTION 10.06 ' "AREA REQUIREMENTS" Nona, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. SECTION 10.07 "DISTANCE BETI6BEN BUILDINGS ON THE SANE LOT" None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. Page 29 C-2 • s !, vti � a ■ PAnTn SECTION 11*Oa 831•1 LIGHT'HAMMAC T 3NG Z OIL" The following regulations shall apply in the M-1 light manufactur- ing zone unless otherwise provided in this Ordinance. SECTION 11e01 DUMB PEMITTED° A—Anyussee permitted in the Ryl, R-8, R-S, R-�4.9 0-09 0-1 and. (1-2 zones excluding all uses prohibited in the M-tom none-* Be Any of the following uses= Le A use wh1oh, does hot produce, cause or emit any fumes, odor, dust, Make, gas, noise or vibrations uhioh are or may be detrimental to properties in the neighborhood or to the wel- fare of the occupants thereof* 2o Agricultural packing, canning and prooessing plants. 3e Aircraft and automobile factories (no foundries). 4e Automobile asseablings body and fender works, painting, upholatering, dismantling and used parts starage when operated or maintained wholly within a buildings 8* Automobile and trunk parking and storage. 69 Animal hospitals, kennels and veterinaries. 7o Bakeries: So Blacksmith Shops.. 90 Boat building4.• 109 Bottling plants. Ile Breweries* 18*.. Building material storage' yards. 130. Cabinet or carpenter shop* 14.e Carpet, awning, blinds, mattress or upholstery shops --�-_•- . - " - Including cleaning and repai.re. lbe Contraotorts plants_ or. stoi+age-ylarcls* Page 30 4 � a s .rt ' }• + dF 16. Creameries, dairies and livestock feeding yards 17. Distributing plants _ 18. Draying, frol3hting or 'rucking yards or terminals 19, Electric welding and electroplating 20. Equestrian establishments, -stables or riding academies, schools or amusements 21. Feed and fuel yards 22. Flour mills 23. Frozen food lookers 24. Fruit and vegetable canning, freesirg, packing and pre- serving plants 256 ice and cold storage plants 26. Laboratories, experimental and the like 27. Laundries, cleaning and dyeing plants 28. Lumber yards 29. Machine shops (except punch presses of over twenty tons rated capacity, drop hammers, and automatic screw machines) 30. Mortuaries or funeral parlors 31. motion picture studios 32. Paint mixing plants (not employing a boiling process) 33. Planing mills 34. Poultry and rabbit raising, slaughter or storage 35. Public camp grounds 36. Public utilities service yards, power plants or distributing stations 37. Rubber fabrication or products made from finished rubber 38. Sheet metal shops 39. Stone monument works 40. Storage spaces for transit and transportation equipment 41. Tire rebuilding, recapping and retreading plants Page 31 M-1 i ? y •. C a + a J L 1j • a . r _ r , 42. Truok rapa ixi+ag and overhaul ns; st..ops 4:. Wholesale busir_esses, starrtge unli'dings and rar•-.3io: ses 44. Manufac••ture of: ` a. bat-tortes b. and ac?varttsing ca..a.uaturesa 91 v ,..i,) or nec.n irn gnr Say:"r.^. ••_]'Gii1zC$rs d s al:•r.Y r i:ft or Sarlaent s e: ao: tie::: f s,, perfunes arid drug phar- Mac f. instrLam- ts and e.-j, Lago, ;%1dLo;-,, ;Glee vi+ is : sud? phonoerap-is . gw. foc-d :::-urlucts (e aspt t:�e) )?:rlaf Erring ear xe;:7.. .'.tk; of fats o., Or. s h. furn--- ;,-rat �.a Law:i%:tJ. 1.Lictrumert:s wid Go.- - + 'i •• �rcf .�::•:.miit:id bui.l:i:Y�ta k. ah(:S r • i„ sac p . :;:l:a .••ix o=sl•y) Manufaotur,ol. 2esewblinu or. :.;. -ament of ax•;::. • .6:i or mercha adise fsrow this P raV1G-- 9%y p=rrf,"4.0"C d mat 01`:ttl.:; )0±a,3,, ael]onhene p canvas. C: oti,.: fibre,, ur; g;. tn4, hair , horn, leathsr, paper;. _�:� , Y;ic:E ; p:,•�e�:iou<< or or stun 3ar shells textiles, toes..#. . grand.; yarns, E!:r3 .ac _r:i; 11ot i bo-111na process. G. The aoaessor; or Ftr:tc tarea rN usno :;•;r to •a<< :'t use looated on the name lot r::• F:upeperib of lanJ., . SECTION 11,02 "HUILCIRG S17: (81, atories F ric? -.nt a oEJel Derv. . Page m-1 i i y F SECTION 11s03 "FRONT YARD" All buildings shall be located not nearer than forty (40) feet from the center line of a street. All buildings used exclusively for dwelling purposes shall comply with the provisions of the Rao zones SECTION 11.04 "SIDE YARD" . None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 some.. SECTION 11.05 "REAR YARD" None, except all buildiiigra used exclusively for dwelling purposes shall comply with the provisions of Whe R-4 zone. _ _ _ _ ._. , • .� BEOTIOW 11.06 AREAL REQUIlIMUMS" None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. SECTION 11.07 °DISTANCE BETWEEN BUILDINGS ON THE SAME LOT" None, except all buildings used skolusively for dwelling purposes shall comply with the provisions of the R-4 zone. Page 33 M-1 f Y i a } 9 q. � • `4!7 4• • • f a PART 12 M— ' 0 1 SECTION 12.00 "M-2 GENERAL MANUFACTURING ZONE" The following regulations shall apply in the MI.2 general manufacturing zone unless otherwise provided in this Ordinance. SECTION 12.01 "USES PERMITTED" A. Any use permitted in the V-1 zone, provided, however, that no building shall be used as a dwelling except accessory buildings which are incidental to the use of the land. B. Any of the following uses: 1. Acetylene gas manufacture or storage 2. Alcohol and alcoholic beverages manufacture 3. Ammonia, chlorine and bleaching powder manufacture 4. Asphalt manufacture or refining 5. Bag cleaning 6. Blast furnaces 7. Boiler or tank works 8. Building materials manufacture 9. Brick, tile or terra cotta products manufacture 10. Candle factories 11. Celluloid or pyroxylin manufacture 12. Chewing tobacco manufacture 136 Cotton gins or oil mills 14. Coke ovens 15. Crematories 16b Creosote treatment or manufacture 17. Disinfectant manufacture 18. Distillation of coal, wocd or tar 19. Dye-stuffs manufacture Page 34 M-2 i t S Y C. The accessory buildings or structures necessary to such use' located on the same lot or parcel of land. SECTION 12,02 "BUILDING HEIGHT" Thirteen (13) stories and not to exceed one hundred and fifty (150) feet. SECTION 12,05 "FRONT YARD" All buildings shall be located not nearer than forty (40) feet from the center line of a street. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. SECTION 12.04 ' "SIDE YARD" None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-•4 zone, SECTION 12,05 "REAR YARD" None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. SECTION 12.06 "AREA REQUIREMENTS" None, except all buildings tensed exclusively for dwelling purposes shall comply with the provisions of the R-4 zone, SECTION 12.07 "DISTANCE BETIAM BUILDINGS ON THE SANE LOT" None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone. Page 35 PART 13 SECTION 15.00 "A AGRICULTURAL ZONE" The following regulations shall apply in the A agricultural zone ' unless otherwise provided in this Ordinance. 1 SECTION 15.01 "USES PERMITTED" A. Any use permitted in the R.]. zone. B. Accessory agricultural buildings and uses, including farm buildings, housing for -agricultural workers, garages and implement shelters, provided no livestock or any building or enclosure used in connection with livestock shall be looated .nearer than one hundred (100) feet to the front lot line, nor nearer than fifty (50) feet to may existing dwelling on any contiguous property, nor nearer than one hundred (100) feet to any public park, school, hospital or similar institution. C. Hatching, raising and fattening of chickens, turkeys or other fowl or poultry and rabbits, fish or frogs for domestic or commercial use pro- vided that no commercial poultry pen or coop, or com.�aeraiel rabbitry shall be maintained on a building site containing an area of lose than one (1) acre. D. 'Agricultural and horticultural uses including nurseries, green- houses, oraharda, aviaries or the raising of field crops, tree crops, berry or bush crops, or vegetable or flower gardening on a commercial scale. E. The keeping of bovine animals, horses, mules, sheep, goats and hogs (none garbage fed), provided that the number thereof shall not exceed a number per acre equal to four (4) adult animals in any combination of the foregoing animals and their immature offspring and provided that in no event shall there be more than five (5) hogs kept on any premises. SECTION 15.02 "BUILDING HEIGHT, FRONT, SIDE AND REAR YARDS, AREA REQUIREMENTS AND DISTANCE BETjtWM BUILDINGS ON TIM SAME LOT" None, . ozoopt that on parcels or lots of less than fifteen thousand (15,000) square feet in area, said regulations shall be the same as required in the R-S zone; and providedl that all buildings shall be lo- cated not nearer than sixty (60) feet from the center line of any public street or highway. Page 36 A PART 14 SECTION 14*00 "P AUTMIOBILE PAPZING ZOHEII Land classified in a "P" zone may also be olassified in as "R" zane and the following regulations shall apply in the "P" automobile parking zone unless otherwise provided in this Ordinance. SECTION 14e01 "USES PER�3ITT�'D" A, Any use permitted In the "R" zone in which the land- is .0la self led and when so used subject to all of the provisions contained In the sections defin4na said zone• Be Open air temporary parking of automobiles,. except trucks of over fifteen hundred (LOO) poiwds- capaoitys All such parkinng areas shall be paved with asphaltic oonorete, or any other recognized street surfaoing material, of mialimm thickness of two (2) inches and adequate drainage provided• Tfinve such park ina area abuts property classified for "R" u8 s s g It shall be separated. therefrom by a continuous solid wall of masonry oonetruotion six (6) feet rn height., provided said wall, from the front i operty line to. i depth ogaal to the required front yard on the abutting R" olasulf3ed property& : shall be four (4) feet in height. There such parking akeea• abuts a street, it shall be separated therefrom by an orna- mental fence, wall -or ooikmot eugenia or other evergreen hedge having a height of not less than'tva (2) feat' and maintained at a height of not more than four (4) feet• Such fenoe, wall or hedge shall be maintained In good oonditiono Eaoh'eait to a parkixig lot shall be contracted and maintained so that any vehicle leaving the parking lot shall be olAarly visible to a person reaching a point 10 feet from the edge of the approach to the driveway nearest to him, wfi2en said vehicle is at a point distant 10 feet from t property line witl2in��said"parking lot, Faits from parking lots she clearly pc sted wits Stop eiguse Appropriate• bumper guards, entrance and exit signs, and. directional signs ahall be maintained where needed* Any lights used to illuminate snob parking area shall be so arranged as to reflect the 1S&t away from adjolndmg premises and streets• Page ST P ^ r i •r % PART 15 5 SECTION 15.00- "D ARCHITECTURAL DESI.F?; GONE" - Land classified in a "D" zone shall also be classified in another zone and the following regulations shall apply in the "D" architectural design zone unless otherwise provided in this Ordinance. SECTION 15.01 "ARCHITECTURAL STANDARDS"' In order that buildings, structures, signs and landscaping will be in harmony with other structures and improvements in the area, the fol- lowing items shall be considered in approving plans of proposed improve- ments in the architectural design zone. 1. The height, bulk and area of buildings 2% The setback distances from all property lines . 3. The colors and materials on the exterior. 4. The type and pitch of roofs 5. The size and spacing of windows, doors and other openings 6. The size, type and location of signs 7. Towers, chi -aeys, roof structures, flagpoles, radio and television masts B. Plot plan, landscaping and automobile parking areas 9. The relation to the Existing buildings and structures in the general vicinity-and area. SECTION 15.02 "PROCEDURE" Plans of the exterior architectural design and appearance of all buildings and structures, plot plans, landscape plans, advertising sign plans, parking area plans and building setback plans shall be subject to the approval of the Planning Commission in order that the proposed buildings, structures, pigr_s and landscaping will be in harmony with other structures and improvements in the area. In the event it is determined that such proposed structures are in- harmonious in appearance with the surroundings, the Planning CommUsion shall confer with the applicant in an endeavor to have the plans changed so that the structures will be harmonious in appearance with the sur- roundings. In case the applicant is not satisfied with the aotion of the Planning Commiss1onvxwc;6A=xbwWMa% '. 1x.s.xWOMEMMM I I I'm- he may, within thirty (30) days after such action, appeal in writing to the City Coun- cil. Said City Council shall hold a public hearing on said appeal and shall render its decision, thereon within thirty Says after the filing thereof. Upon approval by the City Council, the building permit shall be issued provided all other requirements of law have been complied with. Pa a 313 D r ,r3 PART 1P 7MM- SECTION 16.00 "W OIL WELL ZORE" Land classified in a W zone shall also be classified in another zone and the provisions set forth in section 16.01 shall apply in the W oil well zone unless otherwise prpv&ded in this Ordinance. SECTION 16.01 "USES P-MMITTED" A. Any use permitted in the other zone in which the land is classi- fied and when so used subject to all of the provisions contained in 'the sections defining said zone. H. Drilling for and production of oil, gas and other hydrocarbon substances and the installation and maintenance of necessary buildings, apparatus and appurtenances incident thereto, provided that all drilling, installations and operations shall con:orm to all other applicable laws and regulations, Page 39 W PART 17 GENERA P 0 S_ IONS SECTION MOO "GENERAL PROVISIONS" The regulations specified in this Ordinance shall be subject to the following interpretations and exceptions.. SECTION 17.01 "CONFLICTING REGULATIONS" Where any provision of this Ordinance imposes more stringent re- quirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this Ordinance shall govern. SECTION 17.02 "LESS RESTRICTIVE USES PROHIBITED" The express enumeration and authorization in this Ordinance of a particular class of building, structure, premises- or use in a designated zone shall be deemed a prohibition of such building, structure, premises or use in all zones of more restrictive classification, except as other- wise specifieda SECTION 17.05 "ADDITIONAL PERMITTED USES" Uses other than those specifically mentioned in this Ordinance as uses permitted in each of the zones may be permitted therein, provided such uses are similar to those mentioned and are in the opinion of the Planning Commission and City Council, as evidenced by a resolution in writing*, not more obnoxious or detrimental to the welfare of the com- munity than the permitted uses specifically mentioned in the respective zonead SECTION 17,04 "ADDITIONAL EXCLUDED USE'S" Uses other than those specifically mentioned in this Ordinance as uses'excluded from any zone may be excluded therefrom provided such uses are in the opinion of the Planning Commission and City Councils as evidenced by a resolution in writings not less obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned in any zone. SECTION 17.05 "NON-CONFORMING BUILDINGS AND USE'S" The following regulations shall apply to all non-conforming build- ings and structures or parts thereof and uses existing at the effective date of this Ordinance: Page 40 s •r � Y � � s A. Any such non-conforming building or structure may be continued . and maintained provided there is no physical change other than necessary : maintenance and repair in such building or structure except as permitted. In other Sections of this Ordinance. B. Any such non-conforming use may be maintained and continued, provided there is no increase or enlargement of the area, space- or volume occupied or devoted to such non-conforming use, except as other- wise provided in this Ordinance. C. Any part of a building, structure or land occupied by such a non-conforming use which is chanted to or replaced by a use conforming to the provisions of this Ordinance shall not thereafter be used or occupied by a non-conforming use. D. Any part of a building, structure or land occupied by such a non-conforming use, which use is abandoned, shall not again be used or occupied for a non-conforming use. Any part of a building,structure or land occupied by such a non-conforming uses which use is discontinued for a period of one (1) year or more, shall not again be used or occupied for a non-conforming use. E. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use .of a more re- strictive classification. F. In all "R" zones, every non--conforming building or structure thich was designed, arranged, or intended for a use not permitted in the "R" cones, shall be completely removed, or altored and converted to a conforming buildings structure and use when such buildings or structures have reached, or may hereafter reachi the age of forty (40) years, com- puted from the date the building was erected. Provided, however, that this regulation shall not become operative until ten (10) years from the effective date of this Ordinance. a. Every non-conforming use of land (where no main building is in- volved) existing at the time this Ordinance becomes effective shall be discontinued within three (3) years from the effective date of this Ordinance. H. Any sign, billboard, commercial advertising structure or statu- ary which is lawfully existing and maintained at the time this Ordinance becomes effective may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural altera- tions are made thereto, and provided further that all such non-conforming signs, billboards, commercial advertising structures or statuary, and their supporting members, shall be completely removed from the premises not later then three (3) years from the effective date of this Ordinance. Page 41 The foregoing provisions of this Section shall also apply to buildings, structures, land or uses which hereafter become non-conforming• 60posr to any reclassifications of zones under .this Ordinance or any sub- sequent chancre in the regulations of this Ordinance, provided, however, that where a period of years is specified in this Section for the re- moval of non-conforming buildings, structures or uses, said period shall . be computed from the date of such reclassification or change. SECTION 17.06 "BUILDIN r UNDER CONSTRUCTION" Any buildinZ or structure for which a building permit has been issued prior to the effective date of this Ordinance may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commencer with- in sixty (60) days after the issuance of said permit and diligently prosecuted to completion. SECTION 17.07 "RECONSTRUCTION OF DAMMED NON-CONFORMING BUILDINGS" If at any time any"Guilding in existence or maintained at the time of • the adoption of this Ordinance which does not conform to the regulations for the district in which it is located shall be destroyed by fire, exulosion, Act of nod, or act of the public enemy to the extent of more then one-half the value thereof, then and without further action by the City Council the said building and the land on which said building was located or maintained shall from and after the date of such destruc- tion be subject to all the regulations of the district in which such land and/or building are located. For the purposes of this ordinance, the value of any building shall be the estimated cost to replace the building in kind. Any reconstruction shall be performed under one building permit, started within a period of one (1) year from dale of damage and dili- gently prosecuted to completion, SECTION 17.O8 "NON-CONFORMING USES RESULTING FROM AM3NDMNTS" The provisions of this Ordinance shall apply to uses which become non-conforming by reason of any amendment to this Ordinance, as of the effective date of such amendment. SECTION 17.09 "LOCATION OF D'AELLING" Except where otherwise provided for in this Ordinance, every dwell- ing shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway other than an alley, Such easements shall be not less than ten (10) feet in width. SECTION 17.10 "HEIGHT OF BUILDINGS" No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towerss steeples, roof signs or other structures shall exceed the height limit provided In this Ordinance. Radio and television masts, flagpoles.• public util- r i ? Y $ a i ■ i ity p0 lines, chimneys and smokestacks may extend not move than thirty 30) efeet above the height limit provided in this Ordinenos,9 provided erected and d at heighttiinview oa f -the surrounding conditions and circummtances.�� SECTION 17.11 "WELLING AND OTM OCCUPANCIES" Where a portion or a building used for duelling purposes is located above another portion of a building having another type of use in zones other than R-1, R-2, R-3 or R-4 sons, the rear and side yards ftw the floors occupied for dwelling purposes shall a=Wly with the provisions of the R-4 sons. SECT= 17.12 "ACCSSSOt�Y H=YlQQS" The following regulations shall apply to the location of accessory buildings unless otherwise provided In this Ordinance: A. No detached cessory buildings in the R-10 R-2, R-3, or R-4 zones may exceed tso (2 storries, or thirty-five (35) Peet In height.,, S. No detached accessary buildings in the R-1 R-2, R-3, or R-4. zones shall be located at a distance less that silty (60) per cent of tEhe depth or the lot from the front property line, or ainetr (90) Feet, whichever is less. C. On a corner lot no detached accessory buildings in the R-1, R-2, R-3, or R-4 zones shall be located at a distance less than ten (10) feet • from the side street line. D. No accessory buildings in the R-1, R-20 R-3, or R-4 zones If two (2) or more stories in halt shall be located nearer than five (5) feet to any interior propert r 21hi. E. No accessory buildings on the rear t!=ty-five (25) feet of a reversed earner lot in tho-R-1, R-20 R-3, or R-4 zones shall be located nearer to the side lot limo on the street side or such reversed corner lot than the front yard depth required on the kcy lot in the rear. F. A private garage of not to exceed six hundred (600) feet may be a port of the main building if the garage and the main 1diirn�g have a comm wall or not loss than five (51 feet in length, or it not awe than four (4) teat Pram mein building emd connected thereto by a rear of not less than five feet- in width. Such attached geragemayy extend Into the required Lear yard for a distance or not motethen ton (10) feet. SSCTIM 17.13 ��A��Tro�Az Notwithstanding arCr other provisions of this Ordinance, where a lot iR the R-1 sore has an area or te+n thousand (10,000) square feet w am* and with adequate provisions ror ingress and egress: a condition,) use pesed.t may be granted by the PlannIM Comiaaion for We construction of addi- tional one-fMi.ly dwellings and allotmble accessory buildings, however the Page 43 i {• r � s s r •r � j 4* 1m{.ntlymm site area shall be five thousand (5#000) square feet'of lot area per each one-family dwelling, Notwithstanding any other provisions of this Ordinance wbere a lot in the R-2 zone has an area of seventy five hundred (7s6003 square feet or more and with adequate provisions for ingress and egress a conditional use permit mmiy be granted for the con- struction of additional family dwelling units and allowable accessory buildinga; however, the m1.uimum site area shall be twenty five hundred (2,600) square feet of lot area per each family dwelling unite The prooedure for filing of applications, filing fees, Investigation, notices publia hearings and findings shall be the same as herein provided for varlanoes o SECTION 17o14 "THROUM LOTSe' On through lots, either line separating such .lot from a publie =hR=:,.' the re may be designated by the omwr as the front lot line.' In Mir reEr yard shall be the average of the yards on tote neat adJoining.' Te such lots meat ®djoiniug are undeveloped, the ie�nimum rear yard shell corf orm. to the front yard setbaok .for the zone in Which the property is locatsde SECTION 17.3.5 "YARD ENCROACMM TS„ Where yards are requisvd in this Ordinanoe, they shall be not less In depth or width than the mWaum diaension specified for any part, and they shall be at every point open and unobstructed from the ground vimards except as follows A:a Cornibes, oanopien, oarports eaves; or other similar arahi- tedtural features not providing additional floor space within the building may extend into a required front, side or rear yard not to exceed two (2) feet. 8a Open, unenoloseds, uncovered porches# platforms or landing places which do not extend above bbe level of the first floor of the building, may extend into any front, side, or rear yard not more than. six (6) Peet; provided, however, that an open work railing, not more than th3rtyy" (30) Inches in height may be Installed ar oonstruoted on any such porahsp plat- form of landing places C. Detached accessory buildings may osoupy side and rear yards as provided in Section 17 J.P rrf this OrC nance e SECTION 17.16 "PENCFS, WALLS AND i i S" As Zn the R-19 R-29 R-3, and R..4 zones no fence.-- wall or hedge locat- ed in the rear or side yards shall o teed a height of six (6) feet. Be Zn the R-10 R-2, R-S and R-4 zones no fens, wall or hedge looat- ed in the required front yard shall exceed a height of four (4) feet, Page 44 y W. C. In the R-19 R-2, R-3 and Rw4 zones no fence, wall or hedge located along the street side or within ten (10) feet of the rear line of a reversed corner lot between the street and the established setback line on the key lot, to the rear, shall exceed a height of four (4) feet. D. In the R-19 R-22 R-3 and R-4 zones no barbed wire shall be used or maintained in or about the construction of a fence, wall or hadIr along the front, side or rear lines of' any lot, or within three (3fest of said lines, and no sharp wire or points shall project at the top of any fence or wall less than six (6) feet in height. Page 45 ti •, S OP PART 18 AUTOMOBILE PARKTOMQVIREMENTS ' SECTION 18.00 "AUTOMOBILE PARKING REQUIREMENTS" For each dwelling, multiple dwelling, business or industrial es- tablishment or other structure hereafter erected, there shall be pro- vided and maintained off-street parking facilities to accommodate the motor vehicles used by the occupants, .customers, clientele and employees of such dwelling, multiple dwelling, business or industrial establishment or structure. The aggregate amount of parking space for each type of use shall be .not less than that stated in the following. SECTION 18.01 "ONE-FAMILY, TWO-FAMILY AND MULTIPLE DVIELLINGS" For every dwelling, multiple dwelling or other structure erected or intended to be used as a dwelling, there shall be provided on the samq lot or parcel of land one (1) parking space for each dwelling unit. Each such parking space shall be not less than eight (8) Peet wide and twenty (20) feet long. SECTION 18.02 "ROOMING HOUSES, LODGING HOUSES, CLUBS, FRATERNITY HOUSES, DORMITORIES AND HOTELS" For each two (2) guest rooms there shall be provided one (1) park- ing space. Each such parking space shall be on the same lot or parcel of land or contiguous thereto and shall contain at least two hundred (200) square feet, except that parking space for hotels shall be on the same lot or within five hundred (500) foot of the building. SECTION 18.05 "AUTO COURTS, TOURIST COURTS AND MOTELS" One (1) parking space shall be provided for each living or sleeping unit on the same lot or parcel of land or contiguous thereto, and each such space shall contain at least two hundred (200) square feet. SECTION 18.04 "HOSPITALS, SANITARIUMS, CONVALESCENT FOUiES AND HOMES FOR THE AGED" One (1) parking space shall be provided for each one thousand (1,000) . square feet of floor space or fraction thereof on the same lot or parcel of land or contiguous they©to, and each such space shall contain ;at least two hundred (200) square feet.. SECTION 18.05 "AUDITORIUMS" For church, high school, colle-re or university auditoriums and for theatres, general auditoriums and other airailar places of assembly one (1) parking space shall be provided for every ten (10) seats provided in such building. A seat shall mean eigr:teen (18) lineal inches of seating space when seats are arranged in rows or pews. For auditoriums with no permanent seats, a seat shall mean Bevan (4) square feet of floor area. Page 46 t f w i ti • 3 . r T Each such parking space shall oontai.n at least two hundred and fifty (250) square feet including adequate space for ingress and egress, and shall be on the same lot or within five hundred (500) feet of the building. SECTION 18.06 "AMUSEMENTS" For stadiums, arenas and fairs one (1) parking space shall be pro- vided for each four (4) seats of eighteen (18) lineal inches each. For dance halls one (1) parking space shall be provided for each one hundred (100) square feet of floor area or fraction thereof. For bowling alleys four (4) parking spaces shall be provided for each alley. Each such parking space shall contain at least two hundred and fifty (250) square feet including adequate space For ingress and egress, and shall be on the same lot or within five hundred (500) feet of the ibuilding or amusement ared. SECTION 18.07 "COMMERCIAL AND INDUSTRIAL BUILDIN^:S" For all office, commercial and industrial buildings one (1) parking space shall be provided for each fire hundred (500) square feet of floor space or fraction thereof. Each such parking space shall eon•t.ain at least two hundred and fifty (250) square feet including adequate space for ingress and egress, and shall be on the Same lot or within five hundred (500) feet of the building. SECTION 18.08 "LOADING SPACE" On the same premises with every building, structure or part thereof erected or occupied for maaiufacturing, storage, warehouse, goods dis- play, department store, wholesale or retail market, hotel, restaurant, hospital, laundry, dry cleaning plant, or other uses similarly involving the receipt or distribution of vehicles carrying material's or me'rchan- dise, there shall be provided and maintained on the 1pt adequate space for standing, loading and Mnloading services in order to avoid undue . - interrAr nce.-with the public usd-vP- thm;--atreets or al1oysa7Required' load- ing• apace may be included within, #hq required parking. space adjacent to a building. SECTION 19.09. "MISCELLANEOUS PROVISIONS" Nothing in this Ordinance shall prohibit the collective use of space for off-street parking, provided suab collectively used space is equal to the sum of the requirementu of each individual establishment participating in such collective uses Page 47 AS ' + . � When the required off-street parking space is provided on a separ- ate lot from the main building, there shall be recorded in the office of the County Recorder of Kern County, California, a covenant by .the .owner or. owners of said lot for the benefit of the City of Bakersfield to the effect that such owner or owners will continue to maintain such parking space so long as said building is maintained.. Neither a required side yard abutting a street, nor a front yard, shall be used for off-street parking, which provision shall not apply in ishe-..��N" -zone. _... All off-street automobile parking areas including automobile sales lots, service stations and other drive-in establishments shall be fully . hard-surfaced with asphaltic concrete, or any other recognized street surfacing material, of minimum thickness of two (2) inches. The condi- tions for fences, walls, hedges, planting, driveways, bumper guarda, lighting, setback and drainage shall be as provided for in Section 14.01. . Page 48 4 9 • 4 ~ PART 19 VARIANCES, MODIFIC_ATTWSAND LONEE minares, SECTION 19000 "VARIANCES, MODIFICATIONS AND LONE CHANGES" The following regulations shall apply to the granting of variances, modifications and zone char. ges. SECTION 19.01� "VARIANCES" ! When pradtical difficulties, u:nlocessary hardships or results in- consistent with the general purposes of this Ordinance occur by reason of a strict interpretation of any of the- provisions of this Ordinance, the Planning Commission upon its own motion mays or upon the verified application of any interested person shall, in specific cases initiate proceedings for the granting of a variance fron the provisions of this Ordinance under such conditions as may be deemed necessary to assure that the spirit and purposes of this Ordinance will bra observed., public safety and welfare 'secureds and substantial justice done. All acts of the Plan- ning Commission and City Council under the provisions of this Section shall be construed as administrative acts performed for the purpose of assuring that the intent: and purpose of this Ordinance shall apply in special cases, as provided in this Seat;ion, and shall not be construed . as amendments to the provisions of this Ordinance or map. SECTION 3.9.02 "NECESSA::Y CONDITIONS" Before a variance may be granted, all of the following shall be shown: A. That there are exceptional or extraordinary circumstances or conditi3ns applicable to the property Lnvolveds or to the intended use of the property, that do not apply generally to the property or class of use in'-the same zone or vicinity. B.. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or im- provements in such zone or vicinity in which the property Is located. C. That such variance is necessary for the preservation and enjoy- meat of a substantial property right of the applicant possessed by other property in the same zone and vicinity. D. That the granting of such variance will not adversely affect the aomprehensive general plan.,, SW;.ION 19.03 "INFORMATION REQUIRED" Applications for vari.anoes shall be accompanied by: Page 49 t t A a A• A 'plgt plan and desoriptioA. of the property involved showing the location of all existing and proposed buildings; plans and desorip- tions of the prapos®d use of the property with ground plans and eleva- tions for all proposed buildings. Be A referensev to the provisions of the Ordinance from which said property is sought to bi eaaepted.. SECTION 19e04 NA6EMMNTS AND Cftt1I1t ES OF ZME, BOUMMRIM" Whenever the public rAoessity,• cotmenience., general welfare or good sorting practice justify such aotiony the Planning Commission upon It's own motion may, or upon the verified Application of any interested person •shall, initiate pproceedings to amend, supplement or change the zones, regulations or districts established. by this Ordinance-o with the exception of amendments changing property From one zone to another, or shanging the boundary of any zone, mendments may be made in the same manner ns this Ordinance was adoptede SEC TION 3.9 0 05 "FILL OF APPLICATIONS" Applications for varianoes, inodifications and changes of zone shall be made in writing to the Planning Commission in such form as is approved by the Planning Commission. The Planning Commission shall provide forms . for such purposes and may prescribe the type• of information to be provided thereon. No petition shall be received unless it complies with such re- quirements. Applications filed pur-ruant to this Ordinance shall be numbered con- seoutively in the order of their filing and shall become a part of the permw=t official recordas of the Planning Commission, and there shall be attached thereto copies of all notices and actions pertaining thereto* SECTION 19.06 NYMING FEES' Before accepting any application for filing, the City shall -charge and collect the follotYing fees for the purpose of defraying the expendi- tures incidental to the 1poceedings proscribed hereins Ao Change of Zonea :Prr each application for a change of zone,- a fee of thirty-t'ive dollars (05,3 000) for the first lot or portion thereof,• plus one dollar ($.1 &00) for each additional lot or portion thereof* Bo Variance a For each application for a variance a fee of twenty-five dollars (025*00) for the :Mrst lot o$t portion thereof, plus one dollar (C1000) for each additional lot or pD„tion thereof. Page 50 i 1 C. Kodi.fioati n. por each application for a modification a fee of two liars 02.W for the first lot or portion thereof, plus one dollar ( 1.00) for each additional lot or portion hereof, except as hereinaf provided. D. Appea erl. par each appeal to the Planning Caamaissicm or City Council !rase any ord , requirement, deci8ion or determination of the Modification Committee or Planning Comission in the adednistration or mvwt of the provisions of this Ordinance a fee of two dollars M2.00 the first lot or portion thereof, plus one dollar ($1.00) r for each additional lot or portion tluweof. SBCTM 19.0? the Planning Cosm.®sion shall cause to be made by its own umbers, or m mb@rs Of its staff, suoh investigation Of facts bearing upon such applisiteiron as will serve to provide all neeessary information to assure liaa'b the action on each much application is consistent with the intent and purpose of this Ordirmaae and with previous sedments or varimmew 19.08 rrrr pollawing the receipt in proper force of any such application, the secrets" of the Planing Com ilssion shall fin a time and place of public hearing thereon. Tjot less than ton days before the date of such public hearing, notice of the date, time, place of hearing and location of the property and the nature of the request shall be given in the following manner: A. By publishing once In a Of general circulation in the City. B. By mailing a notice, postage prepaid, to the sppiicant, to each mu ber of the Plannfai; Com®iasi.an, and to the owners of all property within three hundred feet of the exterior boundaries of the properrty Involved, using far this pt�pose the last lt�ea nam@ and address of such amrs as shown upon the last assessment roll Of the City. C 8y posting notices riot more than five hundred (500) feet apart along each and every street upon which the party involved arts, for a distance of not le:�s tin three hundred 1300feet in each direction frasa the acterior limits of such property. 9-09 rr 1TINC9" Public hearings as provided for in this- Ordinance shall be held before the Planning Comseission at file time and place for which publie notice has been given as hereimbefore required. The Planning CosmeissiOn My establish its own rules for the conduct of such hearings. of all pertinent testimV offered at a public; hearing, tiagather With the names- and addresses of all persons testifyjutg, shall be recorded and made a part of the permnant files of the case. Ar4T such hearing � be continued provided that, prior to the adj�ut or reoess thereof, the Presiding Offioer at such bearing shall annaunce the time and place to which suoh hearing will be continued. Pam 51 SECTION 19e10 °F 331DINGSc Within thirty-five (35) days after the conclusion of a public hear- ing, the Planning Commission shall render its decision on the matter so heard. The failure of the Planning Commission to reader such decision within thirty-five (35) days after the oonclusion of the hearing shall be deemed to constitute a denial. The Planning Commission shall announce and record its notions by formal resolutions and such resolution shall reoite the findings of the Planning Commission upon Mich it bases its deoisione Ae Varianoess Modifloations and Conditional Use Permitse Within five (b) days after final decision by the Planning Commission on as application for a varianaep or oonditional use permit or modifica tion notices of the decision is the matter shall be mailed to the applicant at Uo address sham upon the application, the City Clerkq the Members of the City Council and the owners of the adjoining property& The grantings either with or without conditions or the denial of such q=Xleation by the Planning Commission shall be final unless within fifteen (lb;) days after the decision by the Planning Commissions the applicant, or any other person aggrieved, shall appeal therefrom Sa waiting to the City Couaoil by presenting such appeal to the City Clerk* At its next regular meting after the filing of such appeal with the City Clerkq the City Council• shall not a date for .a hearing thereon& The manner of setting the hear,4,p giving of notice and conducting the hearing shall be the same as here fore prescribed for hearingsby the Planning Commission* The deoi- sion appealed from shall be affirmed unless reversed by the City Counoile No permit or license shall be issued for any use involved in an appli- cation'for a variance. modification or oonditional use permit• until same shall have become final by reason of the failure of any person to appeal or by reason of the ao tion of the City Couno it e TP the use authorized by any varianaes modifioatiau or oonditional use t is,. or has been, unused, abandoned or discontinued for• a period of six (6) months; or the =o ditions have not been complied with, said variances modification or oonditional use permit shall become null and void and of no effect& Be Amendments and Chimes of Zane Boundaries* Within ten (10) days After final notion by the Planning Commission on an application. for amendments or changes of zone boundaries its rsoomon da- tions together with the oomplete records of the case shall to delivered to Vhe City Councile The City Council after receipt of the report and reoommendation from the Plann'Iag Commissions shall hold a final hearing thereon. The manner of setting the hearings g3.ving of notice and -oonduoting the hearing shall be the same as horeinbefore presoribed fop hearings by tha Planning Commis- sione The recommendation of the Planning Commission shall be approved unr• less reversed by the City Councile Page 52 r j X s • i 3 r $o permit or license shall be issued for any use involved in an applioation for a change of zone until same shall have become final by the adoption of an ordinance* SECTION 19ell EM(WIF'ICATION COMMTZEE" There is hereby created a Modification Committee composed of three SS) persons* Said Committee shall consist of the Chairman of the Planning ommissioa, the Chief Building Inspector ,and the Member of the City Count l on said Planning Commission* The Secretary of the- Planning Commission shall serve as Secretary of the Modification Committee, and the records of said committee shall at d I times be available and subject to review b the Plannipm Commissions The Chairman of the Modification Committee sball be the Chairman of the Planning Commission or his duly -authorised representa- tivee Said Modification Committee shall most at the call of the Chairman to consider applications as provided heroine SECTION 19e18 AAD'1mRnx OF mompICATION 0011RITTRE" The Modification Committee shall have authority to grant, subject to appeal' to' the' Planning Commission and the City Council under the provisions of this Ordinance, the followings An Permit the taftfloation or waiver of the automobile parking space ov loading space requirements on private property where' in the particular instaaae, such modifioation will. not be inoonsistent with the purposes. and Intent of this Ordinance a No Permit such modification of the height, yard and lot area reauft lations as may'•be necessary to secure an appropriate improvement an a lots On Permit owah modification of fenoe, wall and hedge regulations as may be n6oeosar$ to secure an appropriate improvement on a Iota The Modification Committee may in• its discretion, refer to the Plaani'gg Commission,-any application for modUleation i'or•deoision by the Planning Commission without further fee to the applicant* SECTION 19e13 "PROOEDIInn FOR MODIFICATION COTTITt " Upon the call of the Chairman, the Modification Committee shall review applications and inspeot property described in said applications& The ggz� nting, either with or Without conditionsp. or the denial of such appIC-seation by the Modification Committee shall be final unless within ten (10) days, after the decision by the Modification Committee the applicant, or any other person aggrieved, shall appeal therefrom in writing to the Plarai Commission by presenting such appeal to the Secretary at the Pla=ing Commission, At its neat regular meeting after the filing of such appeal with the Secretary of the Planning Commission, Page 8S 44 the Planning Commission shall set a date for a hearing thereon. The manner of setting the hearing and conducting the hearing •shall be the same as prescribed for variances, however, no public hearing is necessary if the application is aoccmpanied by the written consent of owners of adjoining property. After action on an appeal by the Planning Commis- sion, an appeal may be made to the City Council in the same manner as an appeal for a variance. Page 54 .1.M P \ R^ PART 80 CONDITION PERMITS SECTION 20.00 "CONDITIONAL USE PERMITS" The following regulations shall apply to the granting of conditional use permits. Uses may be permitted by the Planning Commission and City Council. in zones from which they are prohibited by this Ordinance where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the com- prehensive general plan. The procedure for filing of applications, I filing fees, investigation, notices, public hearing, findings and appeal shall be the same as herein provided for variances, except that the Planning Commission may waive public hearings on an application for conditional use permits for public utility or public service uses or public buildings, when found to be necessary for the public health, safety, convenience or welfare, SECTION 20.01 "USES PERMITTED IN ANY LONE" The following uses may be permitted in any zone upon the granting of a conditional use permit. 1. Airports or aircraft landing fields 8. Cemeteries, Columbariums, Crematories and Mausoleums 3. Churches or other places used exclusively for religious worship 41, Educational institutions including schools, elementary or high 6. Establishments or enterprises designed or used for large assemblages of people or automobiles, including: amusement parka, circuses, oarnivals, expositions, fair grounds, open- air theatres, race tracks, recreational and sport canters 6. Hospitals, sanitariums, rest homes, maternity homes and homes for the aged 7. Institutions of a philanthropic or eleemosynary nature S. Libraries, museums and private clubs 9. Large scale neighborhood housing projects having a minimum gross area of twenty (20) acres 10, Parks, playgrounds and community buildings 11. Public utility or public service buildings, structures and uses 12. Radio and televisions transmitters 13. Real estate tract offices, golf courses and country clubs e i •r � s' � s SECTION 20.02 "USES P?-.RMITTED IN SPECIFIC ZONES" The following uses may be permitted in the zones herein indicated upon the granting of a conditional use permit: 1. Animal hospitals, kennels and veterinarian in the 0-2 zone 2. Damps and refuse disposal areas in the M-2 zone s. Equestrian establishments, stables or riding academies,. schools or amusements in the 0-2 zone 4. Sewer farms or sewage disposal plants in the M-2 $one .. 5. Stockyards and animal slaughter in the M-2 zone - 6. Undertaking establishments and mortuaries in the 0-1 zone 7. Trailer camps, courts or parks in the 0-2 and M-1 zones SECTION 20.03 "USES P MMITTED 24 THE M-2 "LONE" The following uses may be permitted in only the M-2 zone upon the granting of a bonditional use permit. 1. Acid manufacture 2. Ammunition and small arms manufacture 3. Cement,• line, gypsum or plaster of paris manufacture 4. Chemical manufacture 5. Curing, ' tanbing and storage of raw hides or skins 6. Distillation of bones 7. Drop forge industries manufacturing forgings with 'power hammers B. Explosives, manufacture or storage 9. Fat rendering 10. Fertiliser manufacture 11. Garbage, offal or deed animal reduction or dumping 12. Gas manufacture 13. Glass manufacture 14. Gelatin or size manufactura 15. Glucose or dextrine manufacture 16. Glue manufacture Page 56 v t� •i. f .17. Oil eatraotbon plants 18. Petroleum pu dpinga refining or wholesale storage 19. Smelting of tin, coppers zinc or iron area Page 57 • `� ; P r r ,• �" t r Xa � s i PART 21 ZONING 'AMOXATION SECTION 21.00 "ZONING UPON ANNEXATION" After the proposal for the annexation of territory to the city has been submitted to and reported upon to the proponent by the County Boun- dary Commission as specified by law, the petitioner may request with his petition how he desires the property to be zoned, provided the same is annexed to the City. Copies of the petition shall be filed with the Council of the City of Bakersfield and a copy thereof presented to the Planning Commission, and the Planning Commission may immediately gige notice of its intention to consider the proposal for annexation and for zoning the property as requested at a hearing before the Planning Com- mission. Said notice shall be by one publication in a newspaper circu- lated in the City of Bakersfield giving notice of its intention to consider the proposal for annexation and the zoning of the property if annexation is completed, and to make its recommendation relative thereto. Notice shall be so given by publication at least ten (10) days prior to the date set for the hearing, and by posting notices for the time and in the manner prescribed for amending boundaries. After the Planning Commission shall have filed its recommendation with the City Council, and whenever possible, the notice of zoning may be consolidated with a notice, or resolution, required for annexation of property to the City, and shall comply with the law for the requirements of both notices of annexation and for zoning, otherwise, said notices shall be given concurrently, or separately, as the case may be. Upon the hearing of the proposal to annex and zone, the City Council shall pass its ordinance for the annexation of said property, and in the manner required by law, upon the completion of said annexation, shall pass its ordinance to rezone said property pursuant to the recommendation of the Planning Commission filed prior to said annexation. Page Be + - ' APO i � • a PART 22 OCC A Y SECTION 22.00 "CERTIFICATE OF OCCUPANCY" No vacant land shall be occupied or used, and no building hereafter erected, structurally altered, or moved, shall be occupied or used until a Certificate of Occupancy shall have been issued by the Building Depart- ment, A. Certificates of Occupancy for a new building, or the enlarge- ment, alteration or moving of an existing building, shall be applied for co-incidentally with the application for a building permit and shall be issued within ten (10) days after the erectibn or alteration of such building shall have been completed in conformity with the provisions of this Ordinance. B. Certificates of Occupancy for the use or vacant land, or the change in the use of land as herein provided, shall be applied for be- fore any such land shall be occupied or used for any purpose except that of tilling the soil and the growing therein of farm, garden or orchard products, and a Certificate of Occupancy shall be issued within ten (10) days after the application has been made, provided such use is in con- formity with the provisions of this Ordinance. Certificates of Occupancy shall state that the building, or pro- posed use of a building or land, complies with all the building and health laws and ordinances and with the provision3 of tzi8 Ordinance. A record of all Certificates shall be kept on His in the office of the Building -Department 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 an original Certificate, for all other Certifir cates or for copies of any original Certificates there shall be a charge of two dollars ($2.00) each. C. Certificates of Occupancy for non-conforming uses existing at the time of the passage of this Ordinance or any amendment thereto shall be issued by the Building Department; and the Certificate shall state that the use is a non-conforming use and does nov conform with the pro- visions of this Ordinance. - D. No permit for excavation for any building shall be issued before application has been made for a Certificate of Occupancy. Page 59 t TO F P PART 23 �`NF09(..% ANC FENAI'rn SECTION 23.00•- "ENFORCEMM" It shall be t2is Juty of the Chief Hui.t ding 1116P38tor to enforce this Ordinance. All departian.ata; officials and p-ab::.i:� employees of the City of Bakersfield, ve3l;ad with the duty c.r au'horlty to issue permits or licenses, shall conform to the provisions of Vais Ordinance and shall Issue no permit or liennee :'cr uses, tuilda.zgs, ov purposes In conflict with the provisions of this Ordinance; and way such permit or license issued in conflict witjt tha provisions of this Ordinance shall be null and void. The provisions of this Crdinance shall be interpreted and adminis- tered by the Planning (:0mm1.13sion whose inspa3tory or authorized .repre- sentatives shall have i.,he rig'zt to enter up3n an;r promises affected by this Ordinance for nurposz� ca inspection. Any building or si-ruc'�-:re erected or mairtained, or any use of property, contrary to the -ax-ovisions cf th .a Ordinance shall be and the same is hereby declarac: to be unlawful and a pub:.'.c nuisance and the City Attorney shall i:mao-11saj.ely. Moaamence actions ar:3 pvocsedin,gs fcr the abate- ' ment, removal and on jo:.nim-nit- thereof.. in than mainli ;r .3rovided by law.e. and shall take such ob)•:er sr"aps, and shall aupl.y to any court as may ha're jurisdiction to grant s:u..3h ::•a3lief as will r-crate or remove such building, structure or use and rc•:stra'r.. and en icin.any porsun, firm or c orporatio;z from erecting or maai.ntc ltilIv.• -uch building 3r s3tvi%uture,, or of ing 2111y property contrary to t!:e ; c+f thisOrdinp.ncla. This Ordinanca ma;. aa:'..:re i3e atiforca3 bU iniunotiuri issued. out of tha Superior Court upon ths:. s3u3.•: of the City cr I.-ths carmen, or ocauyant of any real property affected by ,c-r'i violat:ic•a or= urosjujotive .violation, This method of enforcement :.hal. . b:3 c:ursulative c.•ad wn ao -may affect the penal provisions hereof. SECTION 23.01 "PENAlaV Any person, f Umn or c:oyporation, 11-hat;h3r as priiicipal, agent, em- ployee or otherwise;, v' olat.r.41S any provislui of this urdinanos shall be doomed guilty of a mLsr eraet rar, and upon ea.•tvintiun :hereof shall be punishable by a fine oi• not mare than five :Tanelraad dollars ($BOO), or by. Imprisonment in the My us.- "purity Jail fov a pei"i.od of no more than , six (6) months, or. by V of h a.ioh fine and im 3riconGism. Each day Vast violation of this Ordit-r:faa:c: ..-ont.in ass shalt. be cor%sidered a separw.;e .offense. 'age .30 1b ti PART W: PE POOR tQA:,k- SECTIOK '24.00 ORIGINAL "VAL1D3:TV' R stion -I :Was rarr;grq P nir, im a N o use c v phru m: ec. of thii-- -1-11name Is Aid lid by bw dwision of 03j :0 ! : 1 A 00coctent - =1124q-twr vCh t" eisica ., shali Yon We& ths Ji %Y OV As I vmU WS 0 The GmnoU bevC &, - Wes that it Iq Ae Als; pmid M'di-INAIC.-Is ,nnd ell.- IL LiOCtiOnS W- '"rWC00 SOntOnCAI "" 10- Arlas hh' "" ' in- - reSAWLIS of the fact KA w! one or maps NtMm , SuSum"Mrs Som. tenons MUMMn OP &7 .3r i dee-Larce- inx�.'- 'V -::- Is. slit al:.Una W SECT I C; 3 101 MRIF H a. A ' Qq: OPQ SaFv 3"61 W. jr-j-j.. 8I.P.. L a5b; S! S120 M. W 2 Val 0- 4, 93-E.- ? 10; au6 )9H haveby %,p. ,: 0 W all 00 K"MAW of V a My ut BeOrs ' �"aszslmtonl h ,% iwW KS 10CM Of uUM. jjh;C :A woy, ann zv �ra havaby � sp ;- :Oas "A PEW(- -hareoP rr, A I'MIX-AIS *3 ai ion of it Q- 10 y tie mWal- P:R.,Cr %! r 4 •• s -- f PART 25 AC 4 7 ' SECTION 25.00 "NIAMMM" This Ordinance shall take effect and be ih force thirty (30) days after the date of its passage, and shall within fifteen (15) days from the date of its passag3 be published once in The Bakersfield Californian, • a newspaper of general circulation printed and published in the said City of Bakersfield, State 3f Cal` ornia, together with the names of the members of the City Council voting for and against the same. The foregoing Ordinance was duly and regularly passed and adopted by the City Council of the City of Baltersfields %t.2to of California, at a regular meeting of tie said Council held on BY the following vote to-wit;• Ayes: Noes: Absent: am Gomm Gomm CM MIEM MY{IIDER$r solce^UK Cit y Mark and Ex-Off o o Clerk a M Council of the City of Bakersfield. APPROVED this J ay u T>A-6..MAYOR or the Cit o Bakerarlele. Page 62 I.,i Aftauff of foottua UNWIDUM"KIN i . :a I STATE OF CALIFORNIA I County of Kern } m' " MARIAN S. IRVIN. being duly sworn, depoese and ' •I That she Is the duly appointed, acting and qual'iRed City Clark of the City of Bakersfield; and that s }_. .........................1 19....... she posted on the Bulletin Board at the City Had, a full, true and correct copy of an ordinance peeled by the Council of said City at a meding ' thereof duly held on._.._June--1�---1954-•---.......................................... 19-.._.... which ordinanceI +was + t numbomd-.1010--------------New Series,and entitled: I AN ORDINANCE ESTABLISHING RBGUTATIONS TO LIMIT 1 THE USES OF IANDS THE LOCATION AND USES OF ' 1 BUILDINGS, THE HEIGHT AND BULK OF BUIIDINGSi If { THE OPEN SPACES ABOUT BUIIDINGS, THE DIMENSIONS I AND AREAS OF BUILDING SITES AND THE EXTERNAL APPEARANCE OF BUIIDINGS WITHIN CERTAIN ZONES ADOPTING A ZONING YAP; PROVISING FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH REGULATIONS, ;. AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREDF. I' ,'I t , Sufiiid ore Inc thki i 'r rb`Ik In!an3Zfbr t 9 of Kern. + g=' ' fSFaiM of toll-q ZIP s i ! kv Con;rA l . 12, 1956 1 :� � l