HomeMy WebLinkAboutORD NO 1732 ORDINANCE NO. 1732 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.60.110 OF
CHAPTER 17.60 (VARIANCES, MODIFICATIONS AND
ZONE CHANGES) OF THE BAKERSFIELD MUNICIPAL
CODE.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That Section 17.60.110 of the Bakersfield Municipal Code
be amended to read as follows:
17.60.110 Decision and findings--Grant or denial of
application. Within thirty-five days after the conclusion of a
public hearing, the Planning Commission or Board of Zoning Adjustment
shall render its decision on the matter so heard. The failure of
the Planning Commission or Board of Zoning Adjustment to render
such decision within thirty-five days after the conclusion of the
hearing shall be deemed to constitute a denial.
The Planning CO~L-LLission or Board of Zoning Adjustment
shall announcE: and record their actions by formal resolution, and
such resolution sb~ll recite the findings of the Planning Commission
or Board of Zoning Adjustment upon which they base their decision.
A. VARIANCES, MODIFICATIONS AND CONDITIONAL USE
PERMITS.
Within five days after final decision by the Board of
Zoning Adjustment on an application for a variance, or conditional
use permit or modification, notices of the decision in the matter
shall be mailed to the applicant at the address shown upon the
application, the City Clerk, the members of the City Council and
the owners of the adjoining property.
The granting, either with or without conditions, or the
denial of such application by the Board of Zoning Adjustment shall
be final unless within fifteen days after the decision by the Board
of Zoning Adjustment the applicant or any other person aggrieved,
shall appeal therefrom in writing to the City Council by presenting
such appeal to the City Clerk. At its next regular meeting after
the filing of such appeal with the City Clerk, the City Council
shall set a date for a hearing thereon. The manner of setting the
hearing, giving of notice and conducting the hearing shall be the
same as hereinbefore prescribed for hearings by the Planning
Commission or Board of Zoning Adjustment. The decision appealed
from shall be affirmed unless reversed by the City Council.
No permit or license shall, be issued for any use involved
in an application for a variance, modification or conditional use
permit, until same shall bmve become final by reason of the failure
of any person to appeal or by reason of the action of the City
Council.
If the use authorized by any variance, modification or
conditional use permit is, or has been, unused, abandoned or discon-
tinued for a period of one year, or the conditions have not been
complied with:, said variance, modification or conditional use permit
shall become null and void and of no effect.
B. AMENDMENTS AND CHANGES OF ZONE BOUNDARIES. Within
ten days after final action by the Planning Commission on an appli-
cation for amendments or changes of zone boundaries, its recommenda-
tions together with the complete records of the case shall be
delivered'.~'~, the City Council.
The City Council, after receipt of the report and
reco~-L~-Lendation from the Planning Commission, shall hold a final
hearing thereon. The manner of setting the hearing, giving of
notice and conducting the hearing shall be the same as hereinbefore
prescribed for hearings by the Planning Co~-~-Lission. The
2.
recommendation of the Planning Commission shall be approved unless
reversed by the City Council.
No permit or license shall be issued for any use involved
in an application for a change of zone until same shall have become
final by the adoption of an ordinance.
SECTION 2.
This ordinance shall become effective thirty (30) days
from and after the date of its passage.
-o0o ..........
I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 13th day of May, 1968, by
the following vote:
AYES: COUNC~LMEH HEISEY, HOSKING, REES, RUCKER, STIERN, YETrER, WHITrEMORE
N OE~.: CC'J NC;LMEN:
A~JSE~ ~T .~. OU t;CILM C=l~: ~. ~_~._.._
AI~S;'A~N.t~G CO[INC[LMEN: ,~ Z'~..,,,'~,~ .
Council of the City of Bakersfield.
APPROVEp, th,..im: 13th day of ~
MAYOR of the City." of Bakersfield
APPROVED:
CITY ATTORN~
Aff av ! of r nan es
County of Kern )
MARIAN S. IR¥IN, being duly sworn, deposes and saYS:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on ................ .M...a.,y....1...4. ...................................................... 19..6..8.... 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 ........... .M...a~.....1..3.. ........................................ 19...6..8..., which ordinance
was numbered ...........1..7...3..2.. .................... New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.60. 110 OF
CHAPTER 17.60 (VARIANCES, MODIFICATIONS AND
ZONE CHANGES) OF THE BAKERSFIELD MUNICIPAL
CODE.
Subscribed and sworn to before me this
...1..4...t...h...day of .......... ~..a.~.. .............................. 19...6...8...
Notary Public in and for the County of Kern, State of ~alifornia
It (_'~'"'"':?.~ No,^.¥ ~UeUC-C,',UFOaNI^ Ii'
I~' ~*.~.,~'.~.~Y/ PRINCIPAL OFFICE IN
II, ~ .ER. cou.~¥
My Commission Expires August 11,198