HomeMy WebLinkAboutORD NO 1407 ORDINANCE NO..~'}.4~..07 NEW SERIES
AN ORDINANCE ADDING CHAPTER 17.69 TO THE
BAKERSFIELD MUNICIPAL CODE AND REPEALING
TITLE 18.
WHEREAS, the threat of an enemy attack employin§ nuclear weapons
is a potential hazard to the health and safety of the residents of the
City of Bakersfield, and
WHEREAS, it is the policy of the City Council to encoura§e
property owners to construct shelters for the purpose of protecting
human life from the hazard of radioactive fall-out, and
WHEREAS, an emergency exists requiring that regulations be
established for the construction of fall-out shelters within the City
of Bakersfield,
NOW~ THEREFORE~ BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
Section 17o69o010 DEFINITIONS. (a) F~T~T.-OUT SHELTER-- A
structure designed and used exclusively for the purpose of protecting
human life from the effects of nuclear weapons°
(b) BUILDING OFFICIAL-- The term building official means the
Chief Building Inspector of the City of Bakersfield.
(c) YARD AREA -- Land unoccupied or unobstructed, except for
such encroachments as may be perm~ tted by Title 17 of this Code
(Zoning) surrounding a building.
(d) BOARD OF ZONING ADJUSTMENT -- The term Board of Zoning
Ad_~us~ment means the Board of Zoning Adjustment of the City of
Bakersfield.
Section 17o69o020 PERMIT REQUIRED. No person, firm or
corporation shall erect, construct~ enlarge~ alter, repair, move~
improve, remove~ convert or demolish any Fall-Out Shelter in the City
or cause the same to be done, without first obtaining a permit from
the Building Official of the City of Bakersfield.
Section 17.69.030 ZONING. A Fall-out Shelter may be constructed
in and shall be a permissible accessory use in any land use zone
within the City of Bakersfield provided that the structure is built in
compliance with all regulations and restrictions applicable to such
zoned area under Title 17 of this Code entitled "Zoning," including
but not limited to front yard, side yard and set back regulations,
with the exception of those zoning regulations or restrictions which
have been waived by the Board of Zoning Adjustment or the City
Council as provided in Section 17.69.040 of this Code.
Section 17.69.040 WAIVER OF RESTRICTIONS. When special
circumstances exist which are applicable to a parcel of property upon
which any interested person desires to construct a Fall-out Shelter
such as size, shape, topography, location, surroundings, access or
similar physical factors which m-ke it impossible for the applicant to
comply with all zoning regulations or restrictions which would
otherwise be applicable to such property, the applicant may file a
verified application with the Board of Zoning Adjustment requesting
that such regulations or restrictions be modified or waived. The
Board of Zoning Adjustment shall hold a public hearing on said
application within 10 days after the application is filed at which
time the Board may either grant or deny the application. In granting
any such application the Board may impose such conditions as it may
deem necessary or desirable to protect the neighborhood or adjoining
properties.
Section 17.69.050 FALL-OUT SHELTERS WITHIN FRONT AND SIDEYARD
AREAS. Notwithstanding any provision in the preceding section to the
contrary, a Fall-out Shelter shall not be permitted by the Board of
Zoning Adjustment in any front yard or any side yard as defined in
Title 17 of this Code unless the following conditions are satisfied:
(a) The Fall-out Shelter will not protrude above the existing
grade of the lot, with the exception of ventilators and entrance ways.
(b) The entrance ways will not exceed twenty-four. (24) inches
in height above the existing grade of the lot.
(c) Projecting vents will not exceed more than thirty-six
(36) inches above the existing grade of the lot.
(d) The structure will not be located closer than five (5)
feet to the front property line, the official plan line or the future
street line as defined on official master plans.
Section 17.69.060 APPEAL. Any person who is dissatisfied
with the decision of the Board of Zoning Adjustment concerning any
matter affecting his application for the installation of a Fall-out
Shelter may appeal to the City Council. Ail decisions of the Board
of Zoning Adjustment acting under the authority of this Chapter shall
be final and conclusive upon the expiration of 10 days following the
decision of the Board unless a written appeal shall be filed with the
City Council within said 10 day period. The Secretary of the Board
of Zoning Adjustment shall cause a written notice of the decision to
be mailed to .the applicant.
Section 17.69.070 STRUCTURAL STANDARDS. Each Fall-out Shelter
must conform to the requirements of Chapter 13.80 of this Code.
Section 17.69.080 Any Waiver of Restrictions granted pursuant
to Section 17.69.040 of this Chapter shall be null and void if the
applicant does not exercise the privilege by constructing a Fall-out
Shelter within six (6) months following the date the application is
granted by the Board of Zoning Adjus~nent or by the City Council.
Section 17.69.090 Any Fall-Out Shelter which has been
constructed in a front or side yard area pursuant to Section 17.69.040
of this chapter shall not be used for any purposes other than pro-
tection from nuclear fall-out and the storage of emergency supplies.
The use of such a shelter for purposes other than those above referred
to shall constitute a p..ublic nuisance.
Section 17.69.100 Whenever any application for a waiver of
restrictions is granted pursuant to Section 17.69.040 of this Chapter
the owner of the property upon which the Fall-out Shelter is to be
constructed shall record a covenant in the chain of Title for the
benefit of the City of Bakersfield stating that the owner and his
successors in interest will remove said Fall-out Shelter within six
(6) months after the adoption by the City Council of a Resolution
declaring that such shelters are no longer necessary for the
protection of human life.
o0o
I HEREBY GERTTFY that the foregoing Ordinance was passed and
adopted by the Council of the City of Bakersfield at a regular meeting
thereof held on the 29th day of Januar~ ~ 1962~ by the following
vote:
'" BALFANZ,'C-e~'~S, CRO~S, DOOLIH, MARCHBAhI.'(So MOSSMAN, ~
A~
ABSENT~~
ABSTAINING~.__~
Council of the City of Bakersfield.
APPROVED this 29th day of Januar~ , 1962.
MAYOR of the City of Bakersfield.
Af av ! of osfing r nan es
STATE OF CALIFORNIA, ~
County of Kern ~ ss.
MARIAN S. IRVIN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and thai
on ......... ..~.h...e.....3...0..~l~..clp. y....o~[..,Ianll~y., ................... 1~2 .... she posted on the Bulletin Board at
the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a
meeting thereof duly held on.....t~e..~9:~Jl...da~..o~'._,Ianua~w.~ ........... ,19..~.2..., which ordinance
was numbered ........... ..1..4...0._7.'. .............. New Series, and entitled:
AN ORDINANCE ADDING CHAPTER 17.69 TO THE
BAKERSFIELD MUNICIPAL CODE AND REPEALING
TITLE 18.
Subscribed and sworn to before me this
.3..0..t...h.....d~y of...[ ......... .~..,.g..u...,.~ ............ , ~s...~.~.
· WAL'~L'E W', G'"~, N'~tn~j Puhll$
.~y Commias[on Explre~. J.u,ue 8I 196~,