HomeMy WebLinkAboutORD NO 2329 ORDINANCE NO. 2329 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING SECTION 17.52.200 TO THE
MUNICIPAL CODE, CONCERNING CONDITIONAL ZONING.
BE
as follows:
IT ORDAINED by the Council of the City of Bakersfield
SECTION 1.
That Section 17.52.200 is hereby added to Chapter 17.52
of Title 17 of the Municipal Code of the City of Bakersfield as
follows:
17.52.200 Conditional Zoning.
A. Definition. "Conditional Zoning," for the purposes of
this section, shall mean a zoning change which permits use of a
particular property subject to conditions imposed by the Council
of the City of Bakersfield, upon recommendation in the form of a
resolution by the Planning Commission.
B. Conditions. Requirements which may be made as a condition
to a zoning change shall include the dedication of right-of-way
and easements and the construction of reasonable improvements.
Such conditions shall relate
if rezoned, such as vehicular
topography, access, drainage,
to special problems of the property
or pedestrian traffic, grading or
water supply, sewers, utilities or
proposed physical developments affecting nearby properties.
C. Restrictions on Imposition of Conditions.
1. The conditions imposed may not prevent the owner from
using his property for all purposes within its zoning classification.
2. The conditions imposed shall be those only which the
Council determines, after considering the Planning Con~nission's
recommendations, to be necessary:
a. To fulfill public needs reasonably expected to
result from the allowable uses and/or development of the property;
or
b. To avoid circumstances adverse to the public
health, safety, convenience or welfare.
D. Procedure.
1. Zoning reclassifications shall, in all respects, be
in accordance with the zoning regulations contained in Title 17
of the Municipal Code.
2. Where requirements are made by the Council, as a
condition to any zone change, in accordance with this section,
after public hearing, the ordinance rezoning the subject property
shall not be formally adopted by the Council until the conditions
have been satisfied or assurance provided by way of contract (with
adequate surety).
SECTION 2.
This ordinance shall become effective thirty days from
and after the date of its passage.
o
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 28th day of March , 1977, by the
following vote:
CITY cio Clerk of the
Council of the Cz~ty of Bakersfield
APPROVED this 2Sty, day of jMarch ,
[_~ff~A'~R~o'~-the City of Bakersfxeld
1977
APPROVED as to form:
CiTY ATTORNEY of She C{ty of Bakersfield
AffrayS! of os ng ®r uan es
STATE OF CALIFORNIA, t
C4amty of Kern ss.
H. E. BERGEN, 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 ...........................i~.~..r....c..h_' .~.?_~......~..~...7....7._ ........................................., 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 .......................~.~..~..~.~.....2...~.L....~?.~.~ .............19 ............which ordinance
was numbered ...........~.9 .............New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING SECTION 17.52.200 TO THE
MUNICIPAL CODE~ CONCERNING CONDITIONAL ZONING.
Subscribed and sworn to before me this