HomeMy WebLinkAboutORD NO 2739ORDINANCE NO. 2739
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.64.030 A.2.
OF AND ADDING SECTION 17.64.085 TO THE
BAKERSFIELD MUNICIPAL CODE RELATIVE TO
MODIFICATIONS OF HEIGHT REGULATIONS IN
COMMERCIAL AND INDUSTRIAL ZONES.
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 secure an appropriate improvement on a lot; provided,
however, that modifications or waivers of height regulations in
commercial and industrial zones shall be the sole perogative of
the City Council in accordance with the provisions of Section
17.64.085 of this Chapter; and
SECTION 2.
Section 17.64.085 is added to Chapter 17.64 of the
Bakersfield Municipal Code to read as follows:
17.64.085 Council procedure upon applications
or waiver of height regulations in commercial and
A. Applications. Each application for modification or
waiver of height regulations in a commercial or industrial zone
shall be made in writing to the City Council in such form as is
approved by said Council.
B. Hearing.
1. Setting Hearing - Notice. Following receipt of a
completed application for such modification or waiver, the Clerk
shall set the application for hearing before the Council at a
meeting thereof held not less than ten (i[0) nor more than thirty
(30) days after the date of receipt. Not less than ten (10) days
for modification
industrial zones.
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 newspaper of general
circulation in the city;
(b) By mailing a notice, postage prepaid, to the
applicant, to each member of the Council and to the owners of all
property within three hundred (300) feet of the exterior boundaries
of the property involved, using for this purpose the
name and address of such owners as shown upon the latest county
assessment roll.
2. Hearing - Conduct and Decision. The Council may
establish reasonable rules of procedure for the conduct of such
hearings as are consistent with this Chapter, and may grant,
grant in modified form,
waiver or modification.
final.
conditionally grant or deny the requested
The decision of the Council shall be
C. General. The provisions of Section 17.64.070 D., F., G.
H. shall be applicable to such waivers or modifications.
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.
......... 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 l__~t~ day of May , 1982, by
the following vote:
,'WFS: COUNC[LMFF~: BARTON, CHRISTENSEN, MEAF~S, P;YN~, RAT7Y, ROCKOFF, STRONG
Council of the City of Bakersfield
APPROVED~this 12th_ day of May _, 1982
MAY~,,~f'~h~ C{ty of B'~ersfield
APPROVED as to form:
z~ ~c.~''.'.'.'.'.'.'.'.'.'~M. /-~', - Bakersfield
CiTY'~TTORNEY/~of the Czty o~
e
AJS:mm
Aff avtt of Ios ng O r tnatt es
STATE OF CALIFORNIA, f
County of 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~ ..............~...a..y.......1...~.~ ......................................................................................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 .....................~.[..a..y......1...'.2.. ....................................................19....~..2-., which ordinance
was numbered[ ............~.~.~.~!. ....................New Series, and entitled:
An Ordinance of the Council of tile City of
Bakersfield amending Section 17.64.030 A.2.
of and adding Section 17.64.085 to the
Bakersfield Municipal Code re~at~re to
modifications of height regulations in
Commercia3 and Industrial Zones.
Gity Clerk
Subscribed and sworn to before me this
~..~.. day of l~. ~..~ .......... ~ .............. ,19 82