HomeMy WebLinkAboutORD NO 2806ORDINANCE NO. 2806 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY AMENDING SECTIONS
17.64.030 A.2. and 17.64.070 D.2. RELATIVE TO
MODIFICATIONS.
WHEREAS, it is and has been the intent and policy of
the Council of the City of Bakersfield that the City's Board of
Zoning Adjustment consider applications for modifications of
height, yard and lot area regulations for all or any lots
within a subdivision; and
WHEREAS, the amendment to Section 17.64.030 A.2. set
forth herein is intended to clarify such intent and policy and
to provide expressly that the City's Board of Zoning Adjustment
has authority to consider such applications; and
WHEREAS, this amendment is declared to be a statement
of the authority of the City's Board of Zoning Adjustment as
such authority presently exists.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
Section 17.64.030 A. 2. of the Bakersfield Municipal
Code is hereby amended to read as follows:
17.64.030 Authority of board of zoning adjustment.
A.2. The height, yard and lot area regulations as
may be necessary to permit an appropriate improvement or improvements
on a lot or lots, including, but not limited to, modification
of such regulations for some or all lots within a subdivision
to facilitate zero-lot-line or other atypical subdivision
development; provided, however, that modifications or waivers
of height regulations in commercial and industrial zones shall
be the sole prerogative of the city council in accordance with
the provisions of Section 17.64.085 of this chapter, and
SECTION 2.
Section 17.64.070 D.2. of the Bakersfield Municipal
Code is hereby amended to read as follows:
17.64.070 Hearing - Decision and findings - Granting or
denial of application.
D.2. The granting of the modification is necessary
to permit an appropriate improvement or improvements on a lot
or lots, including, but not limited to, modification of such
regulations for some or all lots within a subdivision to facilitate
zero-lot-line or other atypical subdivision development;
SECTION 3.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
......... 000 ........
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 2nd day of February , 198__3, by
the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED t~s 2nd day of February ,
~.YCR/of the City of Bakersfield
/ /
APPROVED as to Form:
~ ~q-~--~ of Bakersfield
AJS:bl - 1/3/83
AJS:ka - 1/10/83
1983
Xffu av of os ing ®ri inan es
STATE OF CALIFORNIA, t
County ef Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that or~ February 9, , 83
............................................................................................................................... 19 ............he 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 February 2, 19..8..~ which ordinance
w~s numbered. ..................~.~.~.~ ...................New Series, and entitled:
An Ordinance of the Council of the City o£
Bakersfield amending Title Seventeen of the
Bakersfield Municipal Code by amending Sections
17.64.030 A.2. and 17.64.070 D.2. relative to
Modifications.
Subscribed and sworn to before me this
..... ~.~.... day of ........[~?.~..~..~..~. ........................., ~..~.~ ..