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Home My WebLink AboutORD NO 2694ORDINANCE NO. 2694 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 17.04.040, 17.04.060, 17.04.090, 17.04.120, 17.04.140, 17.04.150, 17.04.160, 17.04.190, 17.04.290, 17.04.300, 17.04.310, 17.04.360, 17.04.390, 17.04.410, 17.04.480, 17.04.520, 17.04.530, 17.04.560, 17.04.570 AND 17.04.630; ADDING SECTIONS 17.04.035, 17.04.155, 17.04.305, 17.04.365, 17.04.462, 17.04.466, 17.04.467, 17.04.468, 17.04.494, 17.04.496, 17.04.535 AND 17.04.545; AND REPEALING SECTIONS 17.04.070, 17.04.110, 17.04.610 AND 17.04.630 OF CHAPTER 17.04 OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD RELATIVE TO DEFINITIONS-- ZONING PLAN. BE as follows: IT ORDAINED by the Council of the City of Bakersfield SECTION 1. The following sections of Chapter 17.04 of the Municipal Code of the City of Bakersfield are hereby amended to read as follows: 17.04.040 Alley. "Alley" means a dedicated right-of-way of twenty-five (25) feet or less in width for public use permanently laid out or reserved by the governing body as a means of secondary access to abutting property. 17.04.060 Apartment House. multiple family. 17.04.090 Building Height. distance above grade, as defined "Apartment House" means a dwelling, "Building Height" is the vertical in Section 17.04.310 of this Code, to the highest point of the coping of a flat roof, to the deckline of a mansard roof or to average height of the highest .gable of a pitched or hipped roof, whichever is applicable. The height of a stepped or terraced building is the maximum height of .any segment of the building. 17.04.120 Business or Commerce. "Business or Commerce" is the purchase, sale, lease or financing or other transaction involving the handling, final sale, disposition or manufacture of any article or substance, or the rendering of any service. 17.04.140 Church. "Church" means a building, its accessary buildings and uses, where persons regularly assemble for worship, which is maintained and controlled by a religious body organized to sustain public worship. 17.04.150 Club. "Club" is any organization, group or association supported by the members thereof, the primary purpose of which is to render a service or services to its members, their guests or the community, but shall not include any organization, group, or association, the chief activity of which is business or commerce as defined by Section 17.04.120 of this Title. 17.04.160 Day Nursery. "Day Nursery" is a building in which care and supervision are provided during a portion of the day for children who are not members of the day nursery operator's family, provided that care for six (6) or less individual children during any twenty-four-hour period shall not be considered a day nursery. A day care center or pre-kindergarten school is also defined as a day nursery. 17.04.190 Dwelling, Multiple-Family. "Multiple-Family Dwelling" is a building, or portion thereof, designed for or occupied by two (2) or more families, each of which occupies a separate dwelling unit in which each family lives another. 17.04.290 Garage, Private. "Private independently of one Garage" is an accessory building or portion of a building designed for and used to store or cover motor w~hicles used by occupants of the attached or adjoining dwelling unit. 17.04.300 Garage, Public or Commercial. "Public or Commercial Garage" is a building other than a private garage used for the care, repair of automobiles, including the storage of such vehicles prior to sale or hire, storage or storage for remuneration. 17.04.310 Grade. "Grade" (adjacent ground elevation) is the lowest point of elevation of the finished surface of the ground, paving or sidewalk adjacent to the foundation of the building. If a building is within five (5) feet of a sidewalk, said grade level shall be the finished elevation of the sidewalk surface. 17.04.360 Junk Yard. "Junk Yard" means the use of more than four hundred (400) square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any public street, for the storage, keeping or abandonment of worn or discarded articles; salvageable waste such as paper, glass, wood, or metal; and dismantled or wrecked vehicles, whether self-propelled or not, and their parts. 17.04.390 Lot, Corner. "Corner Lot" is a lot situated at the junction of two (2) or more streets whose center lines have an angle or intersection of not more than one hundred thirty-five degrees (135°), with a boundary line thereof bordering on each of the streets. 17.04.410 Lot, Key. "Key Lot" is the first lot to the rear a reversed corner lot whether it is separated by an alley or of not. 17.04.480 Nonconforming Use. "Nonconforming Use" is a lawful use of a structure or premises existing on the effective date of a zoning restriction conflicting with the provisions of this Title applicable to the zone in which it is situated. 17.04.520 School, Elementary. "Elementary School" means all public and private schools in which instruction is given in kindergarten through sixth grade, or in any one (1) or more such grades, or their equivalents, as prescribed by the Education Code of the State of California. 17.04.530 School, High. "High School" means all public and private schools an which instruction is given in the ninth, tenth, eleventh and twelfth grades, or in any one (1) or more such grades, or their equivalents, as prescribed by the Education Code of the State of California. 17.04.560 Stables, Private. "Private Stables" means a stable for horses to be used by the owners of the property or boarded for noncommercial purposes. 17.04.570 Story. "Story" is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or underfloor space is more than six (6) feet above grade as defined in Section 17.04.310 of this Title, for more than fifty percent (50%) of the perimeter, or is more than twelve (12) feet above grade as defined herein at any point, such basement, cellar or underfloor space should be considered as a story. 17.04.630 Travel Trailer. "Travel Trailer" is a vehicle, other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highw@y without a special permit or chauffeur's license, or both, without violating any provision of the State Vehicle Code. SECTION 2. The following sections of Chapter 17.04 of the Municipal Code of the City of Bakersfield are hereby added to read as follows: 17.04.035 hypothetical Airspace Diagonal. "Airspace Diagonal" means a two-dimensional inclined plane which intersects the horizontal plane of a lot at its front property line and which is projected at a given angle to said horizontal surface over the lot area in accordance with the following: b a - Inclined Plane b - Horizontal Plane c - Angle s - Street Level (Top of Curb) · - Property Line STREET LEVEL BELOW STREET LEVEL ABOVE STREET LEVEL The elevation of the horizontal plane (b) shall be the same as "grade" defined in Section 17.04.310 if grade is at or above the top of curb elevation. If the building grade is below top of curb elevation, then the horizontal line shall be at the elevation of the top of curb. 17.04.155 Conditional Use. "Conditional Use" is a use listed as such because its character requires special review and control by the Board of Zoning Adjustment to ensure compatibility with other existing or permitted uses in the vicinity. 17.04.305 Garage or Yard Sale. "Garage or Yard Sale" is a sale of chattel goods which is undertaken by the occupant of a residence where the garage sale occurs, which is no longer than two (2) consecutive days in duration, nor which occurs more frequently than twice a year. 17.04.365 Kennel, Dog. "Dog Kennel" means any premises, building or structure in or on which three (3) or more dogs, at least twelve (12) weeks of age, are harbored. 17.04.462 Masonry. "Masonry" is that form of construction composed of stone, brick, concrete, filled concrete block or other similar building units or materials, or combination of these materials, laid up unit by unit or set in mortar. 17.04.466 Mobilehome. "Mobilehome" means a structure trans- portable in one (1) or more sections, designed and equipped to contain not more than two (2) dwelling units, to be used with or without a foundation system. "Mobilehome" does not include a recreational vehicle, commercial coach or factory-built housing, as defined in Section 19971 of the California Health and Safety Code. 17.04.467 Mobilehome Park. "Mobilehome Park" is any area or tract of land where two (2) or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation. The rental paid for any such mobilehome shall be deemed to include rental for the lot it occupies. 17.04.468 Motel. "Motel" means a group of buildings designed for use by tourists or transients with living or sleeu. ing rooms, garages, parking spaces and related facilities advertised or offered on a commercial basis, including an auto court, motor court and motor lodge. 17.04.494 Permitted Use. "Permitted Use" is a use listed as such which requires no more review for compliance with the zoning ordinance except, when required under Chapter 17.53, site plan review. 17.04.496 Recreational Vehicle. "Recreational Vehicle" is a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recrea- tional or emergency occupancy, with a living area less than two hundred and twenty (220) square feet, such as wardrobes, closets, cabinets, bath and toilet rooms. excluding built-in equipment kitchen units or fixtures, 17.04.535 School, Junior High. "Junior High School" means all public and private schools in which instruction is given in seventh and eighth grades, or in any one (1) such grade, or their as prescribed by the Education Code of the State of equivalents, California. 17.04.545 Setback. any point on a lot patio within which cul-de-sac streets, by a straight line drawn between property lines. "Setback" is the distance measured from line and the main building, covered or enclosed no structure or buildings may be placed. On the front yard setback line shall be determined two points located on the side SECTION 3. The following sections of Chapter 17.04 of the Municipal Code of the City of Bakersfield are hereby repealed: 17.04.070 17.04.110 17.04.610 17.04.630 Boardinghouse Bungalow Court Tourist Court Trailer House or Coach SECTION 4. 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 31st day of ~arch , 1982, by the following vote: CITY CLERK 'and F/x Officio Clerk of the Council of the City of Bakersfield APPRO~ this 31st day of ~arch Ma~f /~e/~%~o f Baker s field , 1982 APPROVED as to form: AJS:mm 8. STATE OF CALIFORNIA, } 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 oa ..................... ..A...i~.~.~..~...~.z. .......................................................................... ., 19..8....2..-. 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 ...........~.~:..~_..c....h.....:~...1...~ .....................................................19.....8_..2..., which ordinance was numbered..._.....~.~.~ ........................New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Sections 17.04.040, 17.04.060, 17.04.090, 17.04.120, 17.04.140, 17.04.150, 17.04.160, 17.04.190, 17.04.290, 17.04.300, 17.04.310, 17.04.360, 17.04.390, 17.04.410, 17.04.480, 17.04.520, 17.04.530, 17.04.560, 17.04.570, and 17.04.630; adding S¢~ctions 17.04.035, 17.04.155, 17.04.305. 17,04,365, 17.04.462, 17.04.466, 17.04.467, 17.04.468, 17.04.494, 17.04.496, 17.04.535 and 17.04.545; and repealing Sections 17.04.070, 17.04.110, 17.04.610 and 17.04.630 of Chapter 17.04 of the Municipal Code of the City o~ Bakersfield relative to Definitions--Zoning Plan. Subscribed and sworn to before me this ~.~ .. day of ....~.~ ~..~? ,19 82