Title 19 — ZONING

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Title 19 - ZONING

Chapter 19.02 - GENERAL PROVISIONS

This title shall be known as, and may be cited and referred to as, the "Zoning Ordinance of Kern County."

(Prior code § 7000.01)

19.02.020 - Purposes.

This title is adopted to promote and protect the public health, safety and welfare through the orderly regulation of land uses throughout the unincorporated area of the county. Further, the purposes of this title are to:

A.

Provide the economic and social advantages resulting from an orderly planned use of land resources;

B.

Encourage and guide development consistent with the Kern County general plan;

C.

Divide Kern County into zoning districts of a number, size and location deemed necessary to carry out the purposes of the county general plan and this title;

D.

Regulate the size and use of lots, yards and other open spaces;

E.

Regulate the use, location, height, bulk and size of buildings and structures;

F.

Regulate the intensity of land use;

G.

Regulate the density of population in residential areas;

H.

Establish requirements for off-street parking;

I.

Regulate signs and billboards;

J.

Provide for the enforcement of the regulations of this chapter.

(Prior code § 7000.02)

This title shall apply, to the extent permitted by law, to all property in unincorporated Kern County whether owned by private persons, firms, corporations or organizations; by the United States or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any county or city, including the county of Kern; or by any authority or public entity organized under the laws of the state of California. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the county of Kern.

(Prior code § 7000.03)

The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the county board of supervisors, the county fire department, the county health department, the regional water quality control board, the air pollution control district, the county public works department, the county water agency, or any other local, state or federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where two (2) or more ordinances regulate the same use or activity, the more restrictive ordinance shall apply.

(Prior code § 7000.06)

Any building or structure for which a building permit has been issued prior to the effective date of the ordinance from which this title derives may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within one (1) year after the issuance of such permit and diligently pursued to completion. No extensions of time shall be granted for commencement of construction.

(Prior code § 7000.07)

19.02.060 - Compliance with title.

A.

It is unlawful for any building or structure to be moved, erected, used, altered, enlarged or rebuilt or for any use to be established or changed that does not strictly conform to the provisions of this title.

B.

It is unlawful for any yard, open space or land to be used for any purpose not specifically permitted by this title.

C.

Any uses not specifically permitted by the provisions of this title or accessory thereto under Section 19.08.111 are prohibited. All prohibited uses specified at any place within this title are examples only and are not to be construed as a complete listing of all prohibited uses.

D.

No department, official or employee of the county of Kern vested with the duty or authority to issue permits or licenses for buildings, structures or uses subject to the requirements of this title shall issue a permit or license in conflict with the provisions of this title; any permit or license issued in conflict with any provision of this title shall be null and void. Further, no permit or license shall be issued by any department, official or employee of the county of Kern for any building, structure or use subject to the requirements of this title on a parcel of land where the department, official or employee is aware that a violation of this title exists, except as provided for in Chapter 19.114 of this title.

(Ord. G-7189 § 2, 2005; Ord. G-7012 § 2, 2003; prior code § 7000.04)

19.02.070 - Violation—Penalty.

Any person, firm or corporation using any building, structure or parcel of land in violation of any provision of this title is guilty of a misdemeanor and shall be prosecuted to the fullest extent of the law under Chapter 19.114 of this title.

(Prior code § 7000.05)

Chapter 19.04 - DEFINITIONS

For the purpose of carrying out the intent of this title, words, phrases, and terms shall be deemed to have the meaning ascribed to them in this chapter. In construing the provisions of this title, specific provisions shall supersede general provisions relating to the same subject, and text shall supersede diagrams relating to the same subject. Words, phrases and terms not defined in this section shall have the meaning commonly or logically associated therewith.

(Prior code § 7280.01)

19.04.006 - Abut.

"Abut" means to physically touch, border upon, or to share a common corner or property line. For the purposes of this title, abutting properties shall include those properties separated by any road, street or highway, except a major highway. (See Figure 19.04.006.)

(Prior code § 7280.02 (part))

19.04.009 - Access drive.

"Access drive" means a way or means of approach to provide entrance to a property.

(Prior code § 7280.02 (part))

19.04.012 - Accessory building or structure.

"Accessory building or structure" means a building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. An accessory building or structure may be erected only after the principal building or structure is established.

(Prior code § 7280.02 (part))

19.04.015 - Accessory facility.

"Accessory facility" means any improvement constructed, installed or established to perform some particular function that is incidental to or facilitates the primary use. (Also see "disposal of nonhazardous oilfield liquid waste and production water.")

(Prior code § 7280.02 (part))

19.04.018 - Accessory use.

"Accessory use" means a use of land or of a building that is customarily incidental and subordinate to the principal use of the land or building located on the same lot. An accessory use may be established only after the principal use is established.

(Prior code § 7280.02 (part))

19.04.021 - Acre.

"Acre" means a measure of land containing forty-three thousand five hundred sixty (43,560) net square feet.

(Prior code § 7280.02 (part))

19.04.024 - Actual cash value.

"Actual cash value" means current market value as determined by a certified real property appraiser or actual sales price.

(Prior code § 7280.02 (part))

19.04.026 - Agricultural by-product processing.

"Agricultural by-product processing" means those facilities engaged in the manufacturing, processing or conversion of agricultural by-products to other products where a minimum of sixty percent (60%) of all source material needed for the process is comprised of agricultural by-products, as determined by the planning director.

(Ord. G-6864 § 2, 2002)

"Agricultural supply services" means those uses which provide accessory support services to other agricultural uses including the following: feed and hay sales, agricultural laboratory services, farm machinery and equipment repair (excluding trucks and other motor vehicles), irrigation equipment sales and repair, equestrian supplies, and similar support services as determined by the planning director.

(Ord. G-6297 § 2, 1996)

19.04.028 - Agricultural trucking facility.

"Agricultural trucking facility" means a specialized trucking business wholly devoted to hauling agricultural produce, seed, feed, animals, irrigation pipe and supplies, farm equipment and soil amendments used exclusively in agricultural operations. Back-hauling with nonagricultural goods is permitted, provided that such activities are clearly incidental and accessory to the primary use of hauling agricultural goods and supplies and further provided that there is no on-site storage of back-hauled materials.

(Ord. G-6864 § 3, 2002)

19.04.030 - Airport, private.

"Private airport" means a private airport or airstrip intended for the sole use of the airport owner and his or her invitees.

(Prior code § 7280.02 (part))

"Public use airport" means a publicly or privately owned airport that offers the use of its facilities to the public without prior notice or special invitation or clearance, and that has been issued a California Airport Permit by the Division of Aeronautics of the California Department of Transportation.

(Prior code § 7280.02 (part))

19.04.036 - Aliquot.

"Aliquot" means the division or measurement of land in one-half (½) or one-quarter (¼) portions.

(Prior code § 7280.02 (part))

19.04.039 - Alley.

"Alley" means a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.

(Prior code § 7280.02(part))

"Ambient noise level" means the composite of noise from all sources excluding the alleged offensive noise. In this context, it represents the normal or existing level of environmental noise at a given location for a specified time of the day or night.

(Prior code § 7280.02 (part))

19.04.045 - Amusement park.

"Amusement park" means an outdoor facility, which may include structures and buildings, where there are various facilities for entertainment, including rides, booths for the conduct of games or sales of items, and buildings for shows and entertainment.

(Prior code § 7280.02 (part))

19.04.046 - Animal, adult.

"Adult animal" means an animal that is either over the age of four (4) months or has been weaned, whichever occurs later.

(Ord. No. G-7821, § 2, 1-27-09)

19.04.047 - Animal shelter.

"Animal shelter" means a facility that acquires, keeps or legally impounds stray, homeless, abandoned or unwanted animals.

(Ord. G-6870 § 2, 2002)

(Ord. No. G-7821, § 3, 1-27-09)

19.04.048 - Apartment.

"Apartment" means a building, or portion thereof, designed for or occupied by three (3) or more families living independently of each other.

(Prior code § 7280.02 (part))

19.04.051 - Approved access.

"Approved access" means as defined in Chapter 17.04 of this code.

(Prior code § 7280.02 (part))

19.04.054 - Audible noise.

"Audible noise" means sound pressure levels having a frequency greater than one hundred twenty-five (125) Hz.

(Prior code § 7280.02 (part))

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"Large auto service station" means a retail establishment selling gas and similar motor fuels to the public and may also include retail sales of motor oils, lubricants, travel aids, minor auto accessories, and minor automobile servicing, repairs and maintenance.

(Prior code § 7280.02 (part))

19.04.060 - Auto service station, small.

"Small auto service station" means an auto service station where the retail sales of gasoline and similar motor fuels is a secondary use to another commercial establishment, such as, but not limited to, car washes and grocery stores.

(Ord. G-6297 § 3, 1996: Prior code § 7280.02 (part))

19.04.063 - Bakery, large.

"Large bakery" means a commercial enterprise engaged in large-scale production and wholesale marketing of bakery goods, and which may include incidental retail sales.

(Prior code § 7280.02 (part))

19.04.066 - Bakery, small.

"Small bakery" means a retail commercial enterprise engaged in the production of bakery goods intended for retail sale on site and not including any wholesale activities.

(Prior code § 7280.02 (part))

19.04.069 - Bar.

"Bar" means a structure, or part of a structure, used primarily for the sale or dispensing of liquor by the drink.

(Prior code § 7280.02 (part))

19.04.072 - Base district.

"Base district" means a zoning district which includes use, height, bulk, space and development standards for the regulation of development in a particular area (e.g., R-1, C-1, RF).

(Prior code § 7280.02 (part))

19.04.075 - Base flood.

"Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year; also referred to as the one hundred (100) year flood, regulatory flood, intermediate regional flood, or original zoning flood.

(Prior code § 7280.02 (part))

"Bed and breakfast inn" means a structure or structures which contain a maximum of five (5) individual sleeping or living units which are rented out to the transient public and in which meals are served to guests.

(Ord. G-5684 § 4, 1991)

"Beverage container recycling collection center" means an accessory use to a shopping center or supermarket which includes a place, mobile unit, reverse vending machine or other device where a certified recycling center accepts one (1) or more types of empty beverage containers from consumers, and pays or provides the redemption value and any applicable redemption bonus for one (1) or more types of empty beverage containers and intended for implementation of the California Beverage Container Recycling and Litter Reduction Act of 1986.

(Ord. G-5684 § 3, 1991: Ord. G-4832 § 2, 1988)

"Bituminous road mix" means a hard surface road paving material complying with the specifications of Section 38 of the January, 1981 California Department of Transportation standards and specifications.

(Prior code § 7280.02 (part))

19.04.081 - Board of supervisors.

"Board of supervisors" means the board of supervisors of the county of Kern.

(Prior code § 7280.02 (part))

19.04.087 - Boardinghouse.

"Boardinghouse" means a dwelling or part thereof in which lodging is provided by the owner to more than six (6) boarders.

(Ord. G-4832 § 3, 1988: Prior code § 7280.02 (part))

19.04.090 - Building.

"Building" means any permanent structure built for the support, shelter or enclosure of persons, animals, chattel or property of any kind.

(Prior code § 7280.02 (part))

19.04.093 - Building height.

"Building height" means the vertical distance of a building measured from the average elevation of the finished grade within twenty (20) feet of the structure to the highest point of the roof.

(Prior code § 7280.02 (part))

19.04.096 - Building official.

"Building official" means the Kern County development services agency director or his/her designee.

(Ord. G-5885 § 129, 1993: Prior code § 7280.02 (part))

(Ord. No. G-8035, § 68, 4-20-10)

19.04.099 - Campground.

"Campground" means a plot of ground upon which two (2) or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes.

(Prior code § 7280.02 (part))

19.04.102 - Camping trailer.

"Camping trailer": see "travel trailer."

(Prior code § 7280.02 (part))

19.04.105 - Camping unit.

"Camping unit" means any tent, trailer, cabin, lean-to or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education or vacation uses.

(Prior code § 7280.02 (part))

19.04.107 - Car sharing.

"Car sharing" is a membership based vehicle service available to drivers utilizing a dispersed network of shared vehicles twenty-four (24) hours a day, seven (7) days a week at attended or unattended self-service locations.

(Ord. No. G-8725, § 3, 7-11-17)

19.04.108 - Cargo container.

"Cargo container" means a large metal box typically used for the shipment of containerized goods.

(Prior code § 7280.02 (part))

19.04.109 - Cattle feedlot.

"Cattle feedlot" means premises used in the commercial production of beef or dairy cattle where the cattle are kept confined and fed concentrated food for the purposes of fattening the animals for retail or wholesale sale.

(Ord. G-6297 § 4, 1996)

"Cemetery" means an area for burial or entombment of the deceased.

(Prior code § 7280.02 (part))

"Center frequencies" means the geometric mean between the band limits of an octave or one-third (⅓) octave. (An octave is a frequency interval between two (2) sounds whose frequency ratio is two (2), e.g. from seven hundred seven (707) to one thousand four hundred fourteen (1,414) Hz. A one-third (⅓) octave is the frequency interval between two (2) sounds whose frequency ratio is one and one-quarter (1.25), e.g., from one hundred forty-two (142) to one hundred seventy-eight (178) Hz.)

(Prior code § 7280.02 (part))

"Legal centerline" means a line designated by official survey to be the center of a future or existing fully developed easement, street, road or highway, which may or may not coincide with the construction centerline.

(Prior code § 7280.02 (part))

"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

(Prior code § 7280.02 (part))

19.04.123 - Club.

"Club" means an association of persons, whether incorporated or unincorporated, for some common purpose but not including groups organized primarily to render a service carried on as a business.

(Prior code § 7280.02 (part))

"Columbarium" means a structure of vaults lined with recesses for cinerary urns for the ashes of cremated bodies.

(Prior code § 7280.02 (part))

19.04.129 - Combining district.

"Combining district" means a zoning district that modifies use, height, bulk, space or other development standards of the base district with which it is combined (e.g., CL, RS).

(Prior code § 7280.02 (part))

"Commercial coach" means a vehicle, without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes.

(Prior code § 7280.02 (part))

"Commercial purposes" means the raising or growing of any plant or plant crop; the raising, breeding or training of any animal, bird or fowl; or the providing of a service having profit as the primary aim.

(Prior code § 7280.02 (part))

"Common area" means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development, and which may include such complementary structures and improvements as are necessary and appropriate.

(Prior code § 7280.02 (part))

19.04.141 - Common property line.

"Common property line" means a lot line shared by two (2) or more properties.

(Prior code § 7280.02 (part))

"Community care facility" means any facility, place or building which is maintained and operated to provide nonmedical residential care, day treatment, adult day care or homefinding agency services for children, adults or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons and abused or neglected children, and as otherwise defined by Section 1502, California Health and Safety Code.

(Ord. G-4832 § 4, 1988: Prior code § 7280.02 (part))

19.04.147 - Community center.

"Community center" means a building used for recreational, social, educational or cultural activities, usually owned and operated by a public or nonprofit group or agency.

(Prior code § 7280.02 (part))

19.04.148 - Community garden.

"Community garden" means a collectively gardened area located on a lot or lots owned or leased by a property owner's association, homeowner's association, tenant's association, non-profit organization, public agency, or other entity deemed functionally equivalent by the planning director used for the cultivation of fruits, vegetables, flowers or herbs, other than marijuana, by individuals, either in individual garden plots, or communally, and who have been granted membership rights by an organizational entity which administers the garden.

(Ord. No. G-8226, § 1, 11-8-11)

19.04.150 - Community recreation facility.

"Community recreation facility" means a recreational facility, such as a park or swimming pool, including accessory structures, maintained and operated for the benefit of residents of a particular residential development, including an apartment, condominium, townhouse, subdivision or mobilehome park.

(Prior code § 7280.02 (part))

19.04.153 - Community septic disposal system.

"Community septic disposal system" means a septic disposal system, whether public or privately owned, serving two (2) or more dwelling units, lots, businesses or other separate sources of domestic wastewater.

(Prior code § 7280.02 (part))

19.04.156 - Conditional use.

"Conditional use" means a use permitted in a particular zoning district only upon showing that such use in a specified district will comply with all the conditions and standards for the location or operation of such use as specified in this title and authorized by the planning commission through the issuance of a conditional use permit.

(Ord. G-6551 § 5, 1998: Prior code § 7280.02 (part))

19.04.159 - Conditional use permit.

"Conditional use permit" means a permit issued by the planning commission or other decision-making authority stating that the conditional use meets all conditions set forth in this title and all others established by the planning commission or other decision-making authority.

(Ord. G-6551 § 6, 1998: Prior code § 7280.02 (part))

19.04.162 - Condominium.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in a space in a residential, industrial or commercial building on such real property. (See Civil Code Section 783.)

(Prior code § 7280.02 (part))

19.04.165 - Convalescent hospital.

"Convalescent hospital" means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides twenty-four (24) hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy and doctoring services or a health facility which provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.

(Ord. G-4832 § 5, 1988: Prior code § 7280.02 (part))

19.04.168 - Country club.

"Country club" means a land area and buildings containing recreational facilities, clubhouse and usual accessory uses, open only to members and their guests for a membership fee.

(Prior code § 7280.02 (part))

19.04.171 - County.

"County" means the county of Kern.

(Prior code § 7280.02 (part))

19.04.174 - County official.

"County official" means any employee of the county of Kern.

(Prior code § 7280.02 (part))

19.04.177 - Crematory.

"Crematory" means a building or structure operated in conjunction with a columbarium, mausoleum, cemetery or mortuary, containing one (1) or more furnaces for the reduction of bodies of deceased persons to cremated remains.

(Prior code § 7280.02 (part))

19.04.180 - Cul-de-sac.

See "street, cul-de-sac."

(Prior code § 7280.02 (part))

19.04.183 - Day care center.

"Day care center" means a public or private enterprise which provides full day care services to thirteen (13) or more children.

(Prior code § 7280.02 (part))

19.04.186 - Day care home, large family.

"Large family day care home" means a home which provides family day care to seven (7) to fourteen (14) children located within a detached single-family dwelling.

(Ord. G-6412 § 2, 1997; Prior code § 7280.02 (part))

"Small family day care home" means a home which provides family day care to eight (8) or fewer children, located within a detached single-family dwelling. A small family day care home may provide care for more than six (6) and up to eight (8) children without an additional adult attendant if all of the following conditions are met:

1.

At least two (2) of the children are at least six (6) years of age;

2.

No more than two (2) infants are cared for during any time when more than six (6) children are cared for;

3.

The licensee notifies each parent that the facility is caring for two (2) additional school age children, and that there may be up to seven (7) or eight (8) children in the home at one time;

4.

The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

(Ord. G-6412 § 3, 1997; Prior code § 7280.02 (part))

19.04.192 - Dead storage.

"Dead storage" means the storage of the owner's or occupant's recreational vehicle on the site in such a manner that it is not connected to utilities and is not occupied as living quarters.

(Prior code § 7280.02 (part))

19.04.195 - Decibel, dB.

"Decibel" or "dB" means a unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).

(Prior code § 7280.02 (part))

"Decision-making authority" means the planning director, planning commission or board of supervisors, depending on which has been assigned the responsibility and authority for reviewing and approving a

particular permit pursuant to Chapter 19.102 of this title.

(Ord. G-6551 § 7, 1998: Ord. G-6067 § 2, 1994: Prior code § 7280.02 (part))

"Dedication" means a conveyance of land to some public use, especially streets, made by the owner and accepted for such use by or on behalf of the public.

(Prior code § 7280.02 (part))

19.04.204 - Density.

"Density" means the number of dwelling units per unit of land.

(Prior code § 7280.02 (part))

19.04.207 - Density bonus.

"Density bonus" means a density increase over the otherwise maximum residential density allowable by the applicable general plan land use category.

(Prior code § 7280.02 (part))

19.04.210 - Designated urban area.

"Designated urban area" means any area within the unincorporated county designated pursuant to Division II of Title 18 of this code.

(Prior code § 7280.02 (part))

19.04.213 - Development.

"Development" means the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

(Prior code § 7280.02 (part))

19.04.216 - Discretionary decision.

"Discretionary decision" means a decision requiring the exercise of judgment or deliberation when the public official or body decided to approve or disapprove a particular activity.

(Prior code § 7280.02 (part))

19.04.219 - Disposal of nonhazardous oilfield liquid waste and production water.

A facility engaging in "disposal of nonhazardous oilfield liquid waste and production water" is considered an accessory facility only if the facility complies with the following: (a) the nonhazardous oilfield liquid waste or production water is produced and disposed of within the same designated oilfield, or (b) the

nonhazardous oilfield liquid waste or production water disposed of outside the designated oilfield of origin is produced by and disposed of solely and only by the same individual, corporation, or entity.

(Prior code § 7280.02 (part))

19.04.222 - District attorney.

"District attorney" means the district attorney of the county of Kern or his/her designee.

(Prior code § 7280.02 (part))

19.04.225 - Domestic agriculture.

"Domestic agriculture" means agricultural activities carried on for noncommercial purposes.

(Prior code § 7280.02 (part))

19.04.228 - Double frontage lot.

See "lot, through."

(Prior code § 7280.02 (part))

19.04.231 - Duplex.

"Duplex" means a detached building designed for or occupied exclusively by two (2) families living independently of each other.

(Prior code § 7280.02 (part))

19.04.234 - Dwelling.

See "dwelling unit."

(Prior code § 7280.02 (part))

19.04.237 - Dwelling, multifamily.

"Multifamily dwelling" means a building or portion thereof designed for or occupied by two (2) or more families living independently of each other, including duplexes, triplexes, quadruplexes, apartments, condominiums and townhouses.

(Prior code § 7280.02 (part))

19.04.240 - Dwelling, single-family.

"Single-family dwelling" means a building or buildings designed for or occupied exclusively by one (1) family, excluding a mobilehome.

(Prior code § 7280.02 (part))

19.04.243 - Dwelling unit.

"Dwelling unit" means one (1) or more habitable rooms which are designed to be occupied by one (1) family, with facilities for living, sleeping, cooking, eating and sanitation.

(Prior code § 7280.02 (part))

"Dwelling unit, accessory" means a detached or attached dwelling unit, as specified in Chapter 19.90, which provides complete independent living facilities for one (1) or more persons by including permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel on which a single-family dwelling, a mobilehome or manufactured home is situated.

(Ord. No. G-8725, § 4, 7-11-17)

"Easement" means a grant of one (1) or more of the property rights by the owner to or for the use by the public, a corporation or another person or entity.

(Prior code § 7280.02 (part))

19.04.248 - Eighty acres.

"Eighty acres" means an aliquot division of a section of land consisting of one-half (½) of one-quarter (¼) of a section, not to be less than seventy (70) gross acres.

(Prior code § 7280.02 (part))

(Ord. No. G-7821, § 4, 1-27-09)

19.04.249 - Emergency shelter.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (Ref. California Health & Safety Code, Section 50801(e).)

(Ord. No. G-7821, § 5, 1-27-09)

"Equestrian establishment" means a facility for commercial or organized events that pertain to the boarding, training, riding, renting, or recreational or sporting uses of horses or other large animals, including, but not limited to, stables, riding academies, riding schools and rodeos. An equestrian event is any organized, pre-planned activity or program that involves training, riding, renting, and recreational or sporting uses of large animals, including, but not limited to, stables, riding academies, riding classes, gymkhana, team penning, roping and jumping. An equestrian event would also involve invited guests or paying customers who either take part in or observe the particular activity.

(Ord. G-6191 § 2, 1995)

19.04.251 - Equestrian services.

"Equestrian services" means businesses that provide low intensity commercial services to support rural equestrian establishments and operations. Permitted activities include: blacksmith, tack room and supplies, saddle shop and supplies, corral and pen fencing, horse trailer rental, rodeo supplies, horse training supplies, livestock feed storage, and veterinary supplies.

(Ord. G-6191 § 3, 1995: Ord. G-5684 § 5, 1991)

19.04.252 - Exterior noise level.

"Exterior noise level" means the noise level as measured near the exterior of a structure usually within fifty (50) feet of the structure.

(Prior code § 7280.02 (part))

19.04.255 - Family.

"Family" means an individual, or two (2) or more persons related by blood or marriage or legal adoption, or a group of not to exceed six (6) persons (excluding servants) living together as a single housekeeping unit in a dwelling unit.

(Prior code § 7280.02 (part))

19.04.258 - Farmers market.

"Farmers market" means a retail market where agricultural produce is offered for sale to the general public, either within an enclosed building or outdoors.

(Prior code § 7280.02 (part))

19.04.261 - Farm labor housing, contract labor.

"Farm labor housing, contract labor" means living quarters, either single-family or group housing, provided by a labor contractor for farm laborers who are not full-time farm employees on lands owned or leased by the owner of the living quarters.

(Prior code § 7280.02 (part))

19.04.264 - Farm labor housing, on-site employee.

"Farm labor housing, on-site employee" means living quarters, either single-family or group housing, related to commercial agricultural uses, provided for full-time, year-round farm laborers employed on the site or on lands owned or leased by the owner of the living quarters, and who derive their primary source of yearly income from this employment.

(Ord. G-5346 § 2, 1990: Prior code § 7280.02 (part))

19.04.267 - Fast-food restaurant.

"Fast-food restaurant" means an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state, for consumption either within the restaurant building or off the premises.

(Prior code § 7280.02 (part))

19.04.270 - Fence.

"Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

(Prior code § 7280.02 (part))

19.04.271 - Festival.

"Festival" means a program of cultural events consisting of performances, processions and dances, and similar activities as determined by the planning director of Kern County. Circus or carnival events are not included within this definition.

(Ord. G-6077 § 3, 1994: Ord. G-5684 § 6, 1991)

19.04.273 - Five acres.

"Five acres" means an aliquot division of a section of land consisting of one-half (½) of one-quarter (¼) of one-quarter (¼) of one-quarter (¼) section of land not to be less than four (4) gross acres.

(Prior code § 7280.02 (part))

19.04.276 - Flood—Flooding.

"Flood" or "flooding" means any general and temporary condition of partial or complete inundation of normally dry land from the overflow of inland or tidal waters or from the unusual and rapid accumulation of runoff of surface waters from any source.

(Prior code § 7280.02 (part))

19.04.279 - Flood Boundary Floodway Map (FBFM).

"Flood Boundary Floodway Map (FBFM)" means an official map on which the Federal Insurance Administration, using their own information or information supplied by the Kern County water agency, the Kern County planning department, the State Reclamation Board, or other federal agencies, has delineated both the areas of flood hazard and the floodway.

(Ord. G-6077 § 4, 1994: Prior code § 7280.02 (part))

19.04.282 - Flood-control structure.

"Flood-control structure" means a structure to convey floodwater generated within an upstream watershed. Typical structures would include, but not be limited to, dams, channels and levees.

(Prior code § 7280.02 (part))

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special and historical flood hazards and the risk premium zones applicable to Kern County.

(Prior code § 7280.02 (part))

19.04.288 - Flood, original zoning.

"Original zoning flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year; also referred to as the one hundred (100) year flood, regulatory flood, intermediate regional flood or base flood.

(Prior code § 7280.02 (part))

19.04.291 - Floodplain.

"Floodplain" means a land area adjoining a river, stream, watercourse or lake which is likely to be flooded, including alluvial cones, wherein streams may change their course.

(Prior code § 7280.02 (part))

19.04.294 - Floodway—Designated floodway.

"Floodway" or "designated floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot or increasing the velocity to greater than seven (7) feet per second, whichever results in the widest floodway. The floodway is delineated on the Flood Boundary Floodway Map and the State Reclamation Board Designated Floodway Map. Floodways are also delineated on the official zoning maps as Floodplain Primary (FPP) district.

(Prior code § 7280.02 (part))

19.04.297 - Forty acres.

"Forty acres" means an aliquot division of a section of land consisting of one-quarter (¼) of one-quarter (¼) section of land, not to be less than thirty-five (35) gross acres.

(Prior code § 7280.02 (part))

"Fruit stand" means a permanent or temporary structure utilized for the sale of agricultural, horticultural or farming products grown, produced or processed by the owner or lessee of the property on which the structure is located.

A.

A permanent fruit stand is one that is used throughout the year and no thirty (30) day time period elapses where the stand is not utilized.

B.

A temporary fruit stand is one that is used seasonally and normally periods of time in excess of thirty (30) days pass where the stand is not utilized. A temporary fruit stand shall not be used in excess of one hundred twenty (120) cumulative days within a calendar year.

(Ord. G-5803 § 2, 1993: Prior code § 7280.02 (part))

19.04.303 - Funeral home.

"Funeral home" means an establishment with facilities for the preparation of the deceased for burial or cremation, for the viewing of the body, and for funerals.

(Prior code § 7280.02 (part))

19.04.306 - Garage.

"Garage" means a deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

(Prior code § 7280.02 (part))

19.04.309 - General plan.

"General plan" means the general plan of the county of Kern adopted by the board of supervisors pursuant to California Government Code.

(Prior code § 7280.02 (part))

19.04.312 - Glucose processing.

"Glucose processing" means the production of monosaccharide carbohydrates through the hydrolysis of starch and other carbohydrates.

(Prior code § 7280.02 (part))

19.04.315 - Grade.

"Grade" means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, said ground level shall be measured at the sidewalk.

(Prior code § 7280.02 (part))

19.04.318 - Groundwater recharge facilities.

"Groundwater recharge facilities" means those works, structures and equipment, including but not limited to spreading basins, wells, pumps, canals, weirs, pipelines and streams, which permit water to reach the saturated zone of an aquifer.

(Prior code § 7280.02 (part))

"Group care facility" means a facility or detached dwelling unit providing twenty-four (24) hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual.

(Prior code § 7280.02 (part))

19.04.323 - Guest quarters.

"Guest quarters" means an attached or detached living area which may be physically separated from the primary dwelling and is not intended to be utilized as a separate dwelling. Guest quarters shall not exceed seventy-five percent (75%) of the net square footage of the habitable area of the primary dwelling and, except for a sink, shall contain no kitchen facilities. Except for air conditioning and heating, including water heaters, no gas lines or two hundred twenty (220) electrical outlets shall be provided. Full size refrigerators and gas or electric cooking ranges, and spaces designed for this purpose, shall be prohibited.

(Ord. G-6077 § 5, 1994)

(Ord. No. G-8226, § 2, 11-8-11)

"Guest ranch" means a building or buildings and open space for use of transients only, providing housing and meals and having recreational activities of one (1) or more types, for compensation.

(Prior code § 7280.02 (part))

19.04.327 - Habitable structure.

"Habitable structure" means any structure used for living purposes, including working, sleeping, cooking, eating or recreation (for the purpose of Chapters 19.70 and 19.72 of this title only).

(Prior code § 7280.02 (part))

"Hazardous waste" shall be as defined in the State Hazardous Waste Control Law (Health and Safety Code, Division 20, Chapter 6.5) and Title 22, California Code of Regulations.

Hazardous waste generally means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may either:

A.

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness;

B.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed.

(Ord. G-6191 § 4, 1995: Prior code § 7280.02 (part))

"Heavy equipment" means equipment normally utilized in heavy construction projects and includes, but is not limited to, earthmoving equipment, road work and paving equipment, cranes, dump trucks, large tractors, water trucks, cement trucks, back hoes, excavators, compactors, zoom booms, concrete saws, forklifts, vibrators, platform lifts, and any other piece of equipment determined by the planning director as belonging to the heavy equipment category.

(Ord. G-6077 § 6, 1994: Ord. G-5346 § 3, 1990)

19.04.333 - Hedge.

"Hedge" means a fence or barrier formed of bushes set close together.

(Prior code § 7280.02 (part))

19.04.336 - Height.

"Height" means the vertical distance from the base to the top of any structure, measured from the lowest point of the structure.

(Prior code § 7280.02 (part))

19.04.339 - Herbicide.

"Herbicide" means a substance used to destroy plants, especially weeds.

(Prior code § 7280.02 (part))

19.04.342 - Hog ranch or farm.

"Hog ranch or farm" means any premises used for the commercial breeding or raising of hogs which are kept confined at a stockyard and fed concentrated food for the purposes of developing or fattening the animals for retail or wholesale sale. (Hogs raised as an FFA, 4-H, or Junior Farmer project are not to be classified as a hog ranch or farm unless the express purpose is for the commercial wholesale or retail sales market.)

(Prior code § 7280.02 (part))

19.04.345 - Home occupation.

"Home occupation" means any activity carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.

(Prior code § 7280.02 (part))

19.04.348 - Horticultural.

"Horticultural" activity means the cultivation of an orchard or garden on a small or large scale.

(Prior code § 7280.02 (part))

19.04.351 - Hospital.

"Hospital" means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums.

(Prior code § 7280.02 (part))

19.04.354 - Hotel.

"Hotel" means a facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms and recreation facilities.

(Prior code § 7280.02 (part))

19.04.357 - Hunting club.

"Hunting club" means a designated area where wild game birds or animals may be hunted. Normally membership or entry fee is required as a prerequisite to hunting.

(Prior code § 7280.02 (part))

19.04.360 - Impulsive noise.

"Impulsive noise" means a noise having a high peak level and short duration, usually less than one (1) second, with an abrupt onset and rapid decay.

(Prior code § 7280.02 (part))

19.04.363 - Infrasound.

"Infrasound" means sound pressure levels below twenty (20) Hz.

(Prior code § 7280.02 (part))

"Inoperative vehicle" means a vehicle that is physically impaired to the point it cannot be driven at will under its own power or a vehicle whose registration has expired for a period greater than sixty (60) days.

(Ord. G-5684 § 7, 1991)

19.04.366 - Kennel.

"Kennel" means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats, except a facility operated by a humane society, or a

governmental agency or its authorized agents, for the purpose of impounding or caring for animals.

(Ord. G-6952 § 2, 2003: prior code § 7280.02 (part))

"Kitchen" means any room or area primarily intended or designated to be used or maintained for the cooking, storing, preparation or consumption of food.

(Prior code § 7280.02 (part))

19.04.372 - Land use.

"Land use" means a description of how land is utilized.

(Prior code § 7280.02 (part))

19.04.375 - Laundromat.

"Laundromat" means an establishment providing washing, drying or dry-cleaning machines on the premises, for rental use to the general public for family laundering or dry cleaning purposes.

(Prior code § 7280.02 (part))

19.04.377 - Light machining.

"Light machining" means a limited machining business conducted within an enclosed building, requiring no outside storage, and which excludes punch presses of over twenty (20) tons rated capacity, drop hammers, automatic screw machines, and any other piece of equipment exceeding a twelve (12) horsepower rating.

(Ord. G-4832 § 6, 1988)

19.04.378 - Livestock.

"Livestock" means any cattle, sheep, swine, goat, horse, mule or other equine animals.

(Prior code § 7280.02 (part))

19.04.381 - Livestock feedlot.

"Livestock feedlot" means an enclosed area where animals are confined and fed concentrated food to raise or fatten them for slaughter or commercial sale.

(Prior code § 7280.02 (part))

"Living area" means the interior inhabitable area of a dwelling unit, including the basement and attic, but excluding the garage or any accessory structure.

(Prior code § 7280.02 (part))

"Lodge" means a facility designed to provide overnight living accommodations with no more than fifty (50) guest rooms in a recreational setting where dining facilities are provided which are operated by the lodge as an accessory use.

(Ord. G-6297 § 5, 1996)

"Lot" means a designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.

(Prior code § 7280.02 (part))

19.04.390 - Lot area.

"Lot area" means the total area within the lot lines of a lot, excluding any street rights-of-way and including only that area which is usable for its intended purpose.

(Prior code § 7280.02 (part))

19.04.393 - Lot area, minimum.

"Minimum lot area" means the smallest lot area established by this title on which a use or structure may be located in a particular zoning district.

(Prior code § 7280.02 (part))

19.04.394 - Lot area, net.

"Net lot area" means the total area within the lot lines of a lot, excluding existing and future public roads, private and public access easements, floodways and conveyances resulting in areas on which development is prohibited or unsuitable, as determined by the planning director.

(Ord. G-7012 § 4, 2003: Ord. G-6551 § 8, 1998)

19.04.396 - Lot, corner.

"Corner lot" means a lot or parcel of land abutting upon two (2) or more streets at their intersection or a lot abutting one (1) street that forms an interior angle of less than one hundred thirty-five (135) degrees. The frontage of a lot abutting one (1) street that forms an interior angle of one hundred thirty-five (135) degrees or more shall be considered the front yard of an interior lot. (See Figure 19.04.396.)

(Prior code § 7280.02 (part))

19.04.399 - Lot coverage.

"Lot coverage" means that portion of the lot that is covered by buildings and structures.

(Prior code § 7280.02 (part))

19.04.402 - Lot depth.

"Lot depth" means the distance measured from the front lot line to the rear lot line. (See Figure 19.04.402.)

(Prior code § 7280.02 (part))

19.04.405 - Lot, flag.

"Flag lot" means a lot with access provided to the bulk of the lot by means of a narrow corridor. (See Figure 19.04.396.)

(Prior code § 7280.02 (part))

==> picture [486 x 657] intentionally omitted <==

==> picture [492 x 670] intentionally omitted <==

19.04.408 - Lot frontage.

"Lot frontage" means the length of the front lot line measured at the street right-of-way (see Figure

19.04.402), excluding lot lines adjacent to street right-of-way where no access rights exist.

(Prior code § 7280.02 (part))

19.04.411 - Lot, interior.

"Interior lot" means a lot abutting one (1) street that forms an interior angle of one hundred thirty-six (136) degrees or more. (See Figure 19.04.396.)

(Prior code § 7280.02 (part))

19.04.414 - Lot, key.

"Key lot" means a lot whose side lot line is coincident with the rear lot line of an adjacent lot. (See Figure 19.04.396.)

(Prior code § 7280.02 (part))

19.04.417 - Lot line.

"Lot line" means a line of record that divides one (1) lot from another lot or from a public or private street or any other public space.

(Prior code § 7280.02 (part))

19.04.420 - Lot line, front.

"Front lot line" means the property line dividing a lot from a street. On a corner lot, only one (1) street line shall be considered as a front line and the shorter street frontage shall be considered the front lot line.

(Prior code § 7280.02 (part))

19.04.423 - Lot line, rear.

"Rear lot line" means the lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, an imaginary line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (See Figure 19.04.423.)

Figure 19.04.423

Lot Line Rear

==> picture [474 x 239] intentionally omitted <==

(Prior code § 7280.02 (part))

19.04.426 - Lot line, side.

"Side lot line" means any lot line other than front lot line or rear lot line.

(Prior code § 7280.02 (part))

19.04.429 - Lot, reversed corner.

"Reversed corner lot" means a corner lot whose side street line is substantially a continuation of the front lot lines of the first lot to its rear. (See Figure 19.04.396.)

(Prior code § 7280.02 (part))

19.04.432 - Lot, through.

"Through lot" means a lot having frontage on two (2) parallel or nearly parallel streets and having the right of access to both streets (also known as a double frontage lot). (See Figure 19.04.396.)

(Prior code § 7280.02 (part))

19.04.435 - Lot width.

"Lot width" means the distance measured parallel to the street between the side lot lines; in the event of a corner lot, the lesser dimension.

(Prior code § 7280.02 (part))

19.04.438 - Low frequency noise.

"Low frequency noise" means sound pressure levels between twenty (20) and one hundred twenty-five

(125) Hz.

(Prior code § 7280.02 (part))

"Lower income households" means households with incomes eighty percent (80%) or less of the county median income.

(Prior code § 7280.02 (part))

19.04.444 - Main building.

"Main building" means the building in which the principal use of a lot is located.

(Prior code § 7280.02 (part))

19.04.447 - Major highway.

"Major highway" means a highway which is used, designed to be used, or is necessary to carry heavy volumes of traffic, and designated as a "major highway" in the circulation element of the general plan and described in the Kern County subdivision standards.

(Prior code § 7280.02 (part))

19.04.448 - Manufactured home.

"Manufactured home," for the purposes of this part, means a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complied with the standards established under this part. "Manufactured home" includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974

(42 U.S.C., Section 5406, et seq.). (G-5803 § 3, 1992)

19.04.450 - Mausoleum.

"Mausoleum" means a tomb for one (1) or more deceased persons.

(Prior code § 7280.02 (part))

19.04.451 - Medical waste treatment facility.

"Medical waste treatment facility" means a person or facility treating medical waste pursuant to Section 118215 of the State Health and Safety Code, broadly defined as solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. The boundary of the treatment facility will include all adjacent land and

structures within four hundred (400) yards of any appurtenance or improvement used for treating, handling, or storing medical waste.

(Ord. G-7482 § 2, 2007)

"Meteorological (MET) tower" means a structure consisting of a tower and instruments measuring wind speed and ambient weather conditions.

(Ord. No. G-7821, § 6, 1-27-09)

19.04.453 - Mineral exploration.

"Mineral exploration" means exploration by scientific means, in a manner similar to the exploration for petroleum products, for the purpose of determining the existence and extent of commercial mineral deposits.

(Prior code § 7280.02 (part))

19.04.456 - Minimum distance between buildings.

"Minimum distance between buildings" means the distance between the walls of buildings, measured at the nearest point to an adjacent building.

(Prior code § 7280.02 (part))

"Ministerial decision" means a decision requiring the application of the statutes, ordinances or regulations to the facts as prescribed and involving little or no personal judgment by the public official or decisionmaking body as to the wisdom or manner of carrying out a project.

(Prior code § 7280.02 (part))

"Mini-warehouse" means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

(Prior code § 7280.02 (part))

"Minor plan modification" means a minor change or modification of an approved development plan which is not in conflict with the intent, policy or expectations of original project approvals.

(Prior code § 7280.02 (part))

"Mobilehome" means a structure transportable 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.

(Prior code § 7280.02 (part))

"Mobilehome accessory structure" means any awning, cabana, ramada, storage cabinet, storage building, private garage, carport, fence, windbreak or porch or any residential building or structure established for the use of the occupant of a mobilehome on a lot.

(Prior code § 7280.02 (part))

"Mobilehome park" means an area or tract of land where two (2) or more lots are rented or leased or held out for rent or lease to accommodate mobilehomes for human occupancy.

(Prior code § 7280.02 (part))

19.04.477 - Modular home.

"Modular home" means a prefabricated dwelling unit constructed to Uniform Building Code; not a mobilehome.

(Prior code § 7280.02 (part))

19.04.480 - Mortuary.

"Mortuary" means a place in which the deceased are kept until burial.

(Prior code § 7280.02 (part))

19.04.483 - Motel.

"Motel" means a group of attached or detached buildings containing individual sleeping or living units, providing transient accommodations with garage or parking space conveniently located to each unit, including tourist courts, auto courts or motor lodges.

(Prior code § 7280.02 (part))

"Mudslide" means a general and temporary movement down a slope of a mass of sand, gravel, rock or soil, artificial fill, or a combination of these materials, caused or precipitated by the accumulation of water on or under the ground.

(Prior code § 7280.02 (part))

19.04.489 - Mudslide area—Mudslide-prone area.

"Mudslide area" or "mudslide-prone area" means an area characterized by unstable slopes and land surfaces whose history, geology, soil and bedrock structure, and climate indicate a potential for mudslides.

(Prior code § 7280.02 (part))

"Nature or wildlife preserve" means an area set aside for the preservation of natural vegetation or wildlife where the general public may view the vegetation or wildlife, with or without charge.

(Prior code § 7280.02 (part))

"Neighborhood" means an area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics or boundaries defined by physical barriers, such as major highways and railroads, or natural features, such as rivers.

(Prior code § 7280.02 (part))

19.04.497 - Noncommercial livestock feed storage.

"Noncommercial livestock feed storage" means the storage of livestock feed for future consumption by livestock owned by the property owner or tenants of same. Additionally, this use shall include livestock feed storage and distribution for co-operative bulk feed purchases where said purchases are not made for commercial or resale purposes and are to be consumed exclusively by livestock owned by members of the co-operative or association. The director may request a list of members of such a co-operative at any time for the purposes of ensuring compliance with these provisions. Livestock feed shall not be available for retail or wholesale purchase by the general public and storage shall be limited to what is pre-ordered. Except for on-site directional signs, no signage shall be permitted.

(Ord. G-6191 § 5, 1995: Ord. G-6077 § 7, 1994)

"Nonconforming building" means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to this title but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the applicable zoning district or districts.

(Prior code § 7280.02 (part))

19.04.501 - Nonconforming lot.

"Nonconforming lot" means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this title, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the applicable zoning district or districts.

(Prior code § 7280.02 (part))

19.04.504 - Nonconforming use.

"Nonconforming use" means a use which was lawful prior to the adoption, revision or amendment of this title but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the applicable zoning district or districts.

(Prior code § 7280.02 (part))

19.04.507 - Nuisance.

"Nuisance" means any condition declared by a statute of the state of California or ordinance by Kern County to be a nuisance; any public nuisance known at common law or equity; any condition dangerous to human life, unsafe, or detrimental to the public health or safety; and any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of this title.

(Ord. G-5684 § 8, 1991: Prior code § 7280.02 (part))

19.04.510 - Occupancy—Occupied.

"Occupancy" or "occupied" means the residing of an individual or individuals overnight in a dwelling unit, or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.

(Prior code § 7280.02 (part))

19.04.513 - Official plan line.

"Official plan line" means the future right-of-way of any road or highway as adopted by resolution of the board of supervisors.

(Prior code § 7280.02 (part))

19.04.516 - Off-site.

"Off-site" means located outside the lot in question.

(Prior code § 7280.02 (part))

19.04.519 - Off-street parking.

"Off-street parking" means an area for the temporary storage of motor vehicles that is directly accessible to but not located on a dedicated street right-of-way.

(Prior code § 7280.02 (part))

19.04.522 - Oilfield.

"Oilfield" means that area shown within the field boundary on the official oilfield maps prepared and maintained by the state of California, Department of Conservation, Division of Oil and Gas.

(Prior code § 7280.02 (part))

19.04.525 - Oil or gas exploration by scientific means.

"Oil or gas exploration by scientific means" includes, but is not limited to, the following: seismic surveys, magneto-telluric, magnetometer or gravity meter surveys; surface mapping and holes less than five hundred (500) feet deep drilled for the purpose of taking core samples, velocity readings, temperature measurements, or water samples.

(Prior code § 7280.02 (part))

19.04.528 - One ownership.

"One (1) ownership" means ownership of real property by a person, persons, firm, corporation or partnership, or any combination thereof, individually, jointly or in common, whereby such property is under a single or unified control.

(Prior code § 7280.02 (part))

19.04.531 - One-third octave.

"One-third (⅓) octave" means the frequency interval between two (2) sounds whose frequency ratio is one and one-quarter (1.25), e.g., from one hundred forty-two (142) to one hundred seventy-eight (178) Hz.

(Prior code § 7280.02 (part))

19.04.534 - On-site day care center.

"On-site day care center" means a day care facility within the project boundary providing care for children.

(Prior code § 7280.02 (part))

19.04.537 - Open space.

"Open space" means any parcel or area of land or water which is essentially unimproved and devoted to one (1) or more of the following uses: preservation of natural resources; outdoor recreation; or public health and safety.

(Prior code § 7280.02 (part))

19.04.540 - Parcel.

See "Lot."

(Prior code § 7280.02 (part))

19.04.543 - Park.

"Park" means public or private land used for active or passive recreation.

(Prior code § 7280.02 (part))

19.04.546 - Parking area.

"Parking area" means any public or private land area designed and used for parking motor vehicles, including parking lots, garages, private driveways and legally designated areas of public streets.

(Prior code § 7280.02 (part))

19.04.549 - Permanent storage.

"Permanent storage" means the storage of motor vehicles, trailers, airplanes, boats, parts thereof, or building materials for a period of forty-eight (48) or more consecutive hours.

(Prior code § 7280.02 (part))

19.04.552 - Permit.

"Permit" means written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

(Prior code § 7280.02 (part))

19.04.555 - Permitted use.

"Permitted use" means any use allowed by right in a zoning district and subject to the restrictions applicable to that zoning district.

(Prior code § 7280.02 (part))

19.04.558 - Person.

"Person" means any individual, firm, co-partnership, joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any other group or combination acting as a unit.

(Prior code § 7280.02 (part))

19.04.561 - Persons and families of low or moderate income.

"Persons and families of low or moderate income" means persons with incomes one hundred twenty percent (120%) or less of the county median income.

(Prior code § 7280.02 (part))

19.04.564 - Pesticide.

"Pesticide" means an agent (as a chemical) used to destroy a pest.

(Prior code § 7280.02 (part))

19.04.565 - Pet or animal cemetery.

"Pet or animal cemetery" means a place used for the burial of animals. Not included in this definition is the occasional and infrequent burial of a pet or ranch animal by its owner, provided that no more than one (1)

animal is buried at a time, no more than one (1) animal is buried in the same burial pit, and the total number of all animals buried on the property does not exceed five (5) animals in any given calendar year.

(Ord. G-6952 § 3, 2003)

"Pigeon" means a bird which is classified as a member of the family Columbidae, and is limited to "racing pigeons," "fancy pigeons" and "sporting pigeons" as defined in this section.

"Racing pigeon" means a pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted as such by the American Racing Pigeon Union, Inc. or the International Federation of Racing Pigeon Fanciers. Also, commonly known as racing homer, homing pigeon or carrier pigeon.

"Fancy pigeon" means a pigeon which, through past breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club or the Rare Breeds Pigeon Club. Examples: Fantails, Pouters, Trumpeters.

"Sporting pigeon" means a pigeon which, through selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples: Rollers, Tipplers.

(Ord. G-6967 § 2, 2003: Ord. G-6551 § 10, 1998: Ord. G-6417 § 2, 1997)

19.04.567 - Planning commission.

"Planning commission" means the hearing and review body established pursuant to Chapter 2.30 of this code.

(Ord. G-6967 § 3 (part), 2003: Ord. G-6551 § 11, 1998)

19.04.568 - Planning director.

"Planning director" means the director of the planning and community development department of the county of Kern or his/her designee.

(Ord. G-6967 § 3 (part), 2003: Ord. G-6077 § 8, 1994: prior code § 7280.02 (part))

(Ord. No. G-8035, § 69, 4-20-10)

19.04.569 - Plant nursery.

"Plant nursery" means a commercial enterprise in which the primary use is the sale of plants, trees or shrubs, sales of incidental items including, but not limited to, fertilizer, gardening equipment, or landscape supplies must be accessory to the primary use.

(Ord. G-6967 § 3 (part), 2003: Ord. G-5803 § 4, 1992)

19.04.570 - Plot.

"Plot" means a single unit parcel of land; or a parcel of land that can be identified and referenced to a recorded plat or map.

(Prior code § 7280.02 (part))

19.04.573 - Plot plan.

"Plot plan" means a plan graphically describing proposed and existing buildings, structures, lot lines and other required information submitted in conjunction with an application for discretionary or ministerial review and approval.

(Prior code § 7280.02 (part))

19.04.576 - Poultry ranch.

"Poultry ranch" means the raising, breeding or hatching of poultry for commercial purposes, excluding ostriches and emus.

(Ord. G-6077 § 9, 1994: prior code § 7280.02 (part))

19.04.579 - Preschool.

"Preschool" means a licensed public or private institution which provides structured educational services to children between the ages of two (2) and five (5).

(Prior code § 7280.02 (part))

19.04.582 - Principal dwelling.

"Principal dwelling" means the dwelling in which is conducted the principal residential use of the lot on which it is located.

(Prior code § 7280.02 (part))

19.04.585 - Principal use.

"Principal use" means the primary or predominant use of any lot.

(Prior code § 7280.02 (part))

19.04.588 - Prohibited use.

"Prohibited use" means a use that is not permitted in a zoning district.

(Prior code § 7280.02 (part))

19.04.591 - Property line.

See "lot line."

(Prior code § 7280.02 (part))

19.04.594 - Public hearing.

"Public hearing" means a meeting announced and advertised in advance and open to the public with the public given an opportunity to talk and participate.

(Prior code § 7280.02 (part))

19.04.595 - Public transit stop.

"Public transit stop" means a location where transportation by bus, rail, or other conveyance, either publicly or privately owned, is provided to the public with a frequency of service interval of thirty (30) minutes or less during the morning and afternoon peak commute periods.

(Ord. No. G-8725, § 5, 7-11-17)

19.04.597 - Engineering and survey services department.

"Engineering and survey services department" means the engineering, surveying, and permit services department of the county of Kern, including the county surveyor's office.

(Ord. G-5885 § 127, 1993: prior code § 7280.02 (part))

(Ord. No. G-8035, § 70, 4-20-10)

19.04.600 - Engineering and survey services director.

"Engineering and survey services director" means the engineering, surveying, and permit services director of the county of Kern or his/her designee.

(Ord. G-5885 § 128, 1993: prior code § 7280.02 (part))

(Ord. No. G-8035, § 71, 4-20-10)

19.04.603 - Pure tone.

"Pure tone" means any sound which can be judged as audible as a single pitch or a set of single pitches. A pure tone shall be assumed to exist if the one-third (⅓) octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of two (2) contiguous onethird (⅓) octave bands by five (5) dB for center frequencies of five hundred (500) Hz and above and by eight (8) dB for center frequencies between one hundred sixty (160) and four hundred (400) Hz and by fifteen (15) dB for center frequencies less than or equal to one hundred twenty-five (125) Hz.

(Prior code § 7280.02 (part))

19.04.606 - Quadruplex.

"Quadruplex" means four (4) attached dwellings in one (1) structure in which each unit has two (2) open space exposures and shares one (1) or two (2) walls with the adjoining unit or units.

(Prior code § 7280.02 (part))

"Recharge facilities" means those works, structures and equipment, including but not limited to spreading basins, wells, pumps, canals, weirs, pipelines or streams, which permit water to reach the saturated zone of an aquifer.

(Prior code § 7280.02 (part))

19.04.611 - Recreational skiing or boating.

"Recreational skiing or boating" means the occasional or regular use of one (1) or more boats on a private lake for any private or public recreational purpose. Recreational skiing or boating shall be considered a primary use where skiing or boating uses are proposed for any private lake, including lakes stocked with fish, and said uses shall require the approval of a conditional use permit where required by the applicable zoning district.

(Ord. G-5966 § 2, 1993)

"Recreational vehicle" means a motorhome, slide-in camper, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency use.

(Prior code § 7280.02 (part))

19.04.615 - Recreational vehicle park.

"Recreational vehicle park" means an area or tract of land where one (1) or more spaces or rented or held out for rent to owners or users of recreational vehicles or tents.

(Prior code § 7280.02 (part))

(Ord. No. G-7821, § 7, 1-27-09)

19.04.616 - Recyclable materials, collection and storage.

"Recyclable materials, collection and storage" means the collection, storage and limited processing of presorted aluminum cans, cardboard, paper, glass, plastic, scrap metal, and similar materials as determined by the planning director. Crushing and bailing operations are also included when accessory to the collection and storage of recyclable materials. Salvaging, including, but not limited to, the dismantling of used or inoperable appliances, equipment and vehicles, is not included. Construction and demolition wastes and organic materials of any kind are also excluded from this definition.

(Ord. G-6641 § 3, 1999)

19.04.618 - Rehabilitation.

"Rehabilitation" means the upgrading of a building previously in a dilapidated or substandard condition for human habitation or use.

(Prior code § 7280.02 (part))

"Rehabilitation facility" means any short- or long-term residential facility, serving more than six (6) individuals, designed to provide medical or social rehabilitation on an inpatient basis to individuals in a group living arrangement, in which meals and twenty-four (24) hour staffing is provided. Such facilities would include alcohol and chemical dependence recovery homes, group living quarters for physically or developmentally disabled adults or children, stress-reduction retreats, and residential facilities serving young adults or teenagers, which are operated by a nonprofit corporation for the purpose of providing moral or spiritual guidance to such persons. Rehabilitation facilities do not include hospitals, convalescent hospitals, sanatoriums, rest homes, jails, prisons or state-operated detention facilities.

(Ord. G-4832 § 7, 1988)

"Residence" means a home, abode or place where an individual family is actually living at a specified point in time.

(Prior code § 7280.02 (part))

19.04.624 - Residential accessory structures.

"Residential accessory structures" means buildings and structures normally associated with dwellings, such as detached garages, carports, greenhouses, storage buildings and swimming pools, but excluding cargo containers, barns, or other structures intended exclusively for agriculture-related uses. Residential accessory structures shall be clearly subordinate to the residential use of the property.

(Ord. G-5966 § 3, 1993: Ord. G-5346 § 4, 1990: prior code § 7280.02 (part))

"Residential facility" means any family home, group care facility or similar facility, determined by the director of the State Department of Social Services, for twenty-four (24) hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, as provided in Section 1502, California Health and Safety Code.

(Ord. G-4832 § 8, 1988)

19.04.627 - Residential hotel.

"Residential hotel" means a hotel offering accommodations on a weekly or monthly basis.

(Prior code § 7280.02 (part))

19.04.630 - Rest home.

"Rest home" means a health facility or a health facility which provides skilled nursing care to patients whose primary need is for availability of skilled nursing care on an extended basis. (See "Intermediate Care Facility," Section 1250, California Health and Safety Code.)

(Ord. G-4992 § 2, 1989: Ord. G-4832 § 9, 1988: prior code § 7280.02 (part))

"Retail services" means establishments engaged in selling goods or merchandise to the general public for personal or household consumption.

(Prior code § 7280.02 (part))

"Retirement home" means a group housing arrangement chosen voluntarily by residents who are over sixty-two (62) years of age and who are provided varying levels of nonmedical supportive services or care and in which meals are provided in central eating facilities or prepared by employees of the retirement home and delivered to individual living areas. (See "Residential Care Facility for the Elderly," Section 1500 et seq., California Health and Safety Code.)

(Ord. G-4992 § 3, 1989: Ord. G-4832 § 10, 1988)

19.04.636 - Rezone.

"Rezone" means to change the zoning classification of particular lots or parcels pursuant to provisions of this title.

(Prior code § 7280.02 (part))

"Right-of-way" means a strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar uses.

(Prior code § 7280.02 (part))

19.04.642 - Road.

See "street."

(Prior code § 7280.02 (part))

19.04.645 - Roof.

"Roof" means the outside top covering of a building.

(Prior code § 7280.02 (part))

19.04.648 - Roominghouse.

See "boarding house."

(Prior code § 7280.02 (part))

"Sanitary landfill" means a disposal site employing an engineered method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest practical volume, and applying cover material over all exposed wastes at the end of each operating day.

(Prior code § 7280.02 (part))

"Salvage or junk yard" means any lot more than one hundred (100) square feet in area used for the storage of junk, including scrap metals, salvage or other scrap materials, unusable machinery, appliances, furniture or equipment, or parts thereof, intended for sale or resale, but excluding the dismantling or wrecking of vehicles.

(Ord. G-4832 § 11, 1988)

"School" means and includes an elementary school, junior high school or high school whether publicly or privately owned or operated. It shall include any project to construct a public school if the project has been approved by the Office of Public School Construction and any project to construct a private school if a building permit has been issued. It shall include all buildings on the school premises and the adjacent and surrounding school grounds, campus, playgrounds and athletic fields owned or operated by the owner or operator of the school used or intended to be used by or for the benefit of the students for whose benefit such school is maintained.

(Ord. G-6233 § 3, 1995: Prior code § 7280.02 (part))

"Secondary highway" means a street or highway designed to carry moderate volumes of traffic and designated as a "secondary highway" in the circulation element of the general plan and described in the Kern County subdivision standards.

(Prior code § 7280.02 (part))

Editor's note— Ord. No. G-8725, § 2, adopted July 11, 2017, repealed § 19.04.660, which pertained to secondary residential unit and derived from the prior code § 7280.02 (part); and Ord. G-4993 § 4, adopted in 1989.

"Septage disposal site" means a site designated for the disposal of material pumped from septic tanks, cesspools, seepage pits, holding tanks and privies.

(Prior code § 7280.02 (part))

Establishments providing services or entertainment, as opposed to products, to the general public.

(Prior code § 7280.02 (part))

19.04.669 - Setback.

The required minimum distance between the street centerline or any property line and wall or support of any structure.

(Prior code § 7280.02 (part))

19.04.672 - Sewage collection and disposal system.

Any system for the collection and disposal of sewage or industrial wastes of a liquid nature, including various devices for the treatment of such sewage or industrial wastes.

(Prior code § 7280.02 (part))

19.04.675 - Sewage disposal system.

Any system for the disposal of sewage of industrial wastes of a liquid nature, including various devices for the treatment of such sewage or industrial wastes.

(Prior code § 7280.02 (part))

19.04.678 - Sewage treatment plant.

"Sewage treatment plant" means a facility for treatment and disposal of sewage.

(Prior code § 7280.02 (part))

19.04.681 - Sidewalk.

"Sidewalk" means a paved, surfaced or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

(Prior code § 7280.02 (part))

19.04.684 - Sign.

"Sign" means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display or direct attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

(Ord. G-5346 § 5, 1990: Prior code § 7280.02 (part))

19.04.687 - Sign, agricultural.

"Agricultural sign" means an on-site sign identifying a farm, ranch or agricultural activities or products.

(Prior code § 7280.02 (part))

19.04.690 - Sign, agricultural industry.

"Agricultural industry sign" means a sign identifying industrial activities related to the manufacture or processing of agricultural products.

(Prior code § 7280.02 (part))

19.04.693 - Sign, animated or moving.

"Animated or moving sign" means any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.

(Prior code § 7280.02 (part))

19.04.696 - Sign area.

"Sign area" means the entire face of a sign, including the advertising surface, and any framing, trim or molding, but not including the supporting structure.

(Prior code § 7280.02 (part))

19.04.699 - Sign, billboard.

See "sign, off-site."

(Prior code § 7280.02 (part))

19.04.702 - Sign, directional.

"Directional sign" means a sign limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."

(Prior code § 7280.02 (part))

19.04.705 - Sign face.

"Sign face" means the area or display surface used for the message.

(Prior code § 7280.02 (part))

19.04.708 - Sign, flashing.

"Flashing sign" means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.

(Prior code § 7280.02 (part))

19.04.711 - Sign, freestanding.

"Freestanding sign" means any nonmovable pole or monument sign not affixed to a building.

(Prior code § 7280.02 (part))

19.04.714 - Sign, governmental.

"Governmental sign" means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.

(Prior code § 7280.02 (part))

19.04.717 - Sign, identification.

"Identification sign" means a sign giving the nature, logo, trademark or other identifying symbol, address, or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.

(Prior code § 7280.02 (part))

19.04.720 - Sign, illuminated.

"Illuminated sign" means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

(Prior code § 7280.02 (part))

19.04.723 - Sign, monument.

"Monument sign" means a sign constructed upon a solid base or pedestal, the total width of which is at least fifty percent (50%) of the overall width of the sign.

(Prior code § 7280.02 (part))

19.04.726 - Sign, nameplate.

"Nameplate sign" means a sign, located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.

(Prior code § 7280.02 (part))

19.04.729 - Sign, off-site.

"Off-site sign" means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

(Prior code § 7280.02 (part))

19.04.732 - Sign, on-site informational.

"On-site informational sign" means a sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pick-up and delivery areas.

(Prior code § 7280.02 (part))

19.04.735 - Sign, pole.

"Pole sign" means a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six (6) feet or more above grade.

(Prior code § 7280.02 (part))

19.04.738 - Sign, political, religious or civic campaign.

"Political, religious or civic campaign sign" means a temporary sign announcing or supporting candidates or issues in connection with any national, state or local election or civic or religious campaign.

(Prior code § 7280.02 (part))

19.04.741 - Sign, portable.

"Portable sign" means a sign that is not permanent, affixed to a building, structure, or the ground.

(Prior code § 7280.02 (part))

19.04.744 - Sign, real estate.

"Real estate sign" means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

(Prior code § 7280.02 (part))

19.04.747 - Sign, temporary.

"Temporary sign" means a sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time.

(Prior code § 7280.02 (part))

19.04.750 - Sign, temporary construction.

"Temporary construction sign" means a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors and similar individuals or firms having a role or interest in the structure or project.

(Prior code § 7280.02 (part))

19.04.753 - Sign, temporary subdivision.

"Temporary subdivision sign" means a temporary sign pertaining exclusively to the development or sale of residential land subdivisions and located within the same subdivision.

(Prior code § 7280.02 (part))

19.04.756 - Sign, wall.

"Wall sign" means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than eighteen (18) inches from such building or structure.

(Ord. G-6191 § 6, 1995: Prior code § 7280.02 (part))

19.04.759 - Sign, warning.

"Warning sign" means a sign limited to messages of warning, danger or caution.

(Prior code § 7280.02 (part))

19.04.762 - Sign, wind.

"Wind sign" means a sign or objects, some or all of which is moved by wind as a method of attracting attention.

(Prior code § 7280.02 (part))

19.04.765 - Sign, window.

"Window sign" means a sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.

(Prior code § 7280.02 (part))

19.04.768 - Site.

"Site" means any lot or parcel of land or combination of contiguous parcels of land.

(Prior code § 7280.02 (part))

19.04.771 - Site development plan.

"Site development plan" means a plan graphically describing proposed buildings, structures and other required information submitted in conjunction with an application for discretionary review and approval.

(Prior code § 7280.02 (part))

19.04.774 - Small fowl.

"Small fowl" means birds raised or grown for hobby purposes, show or racing, normally no larger than a small chicken (e.g., pigeon, parrot, or cockatiel).

(Prior code § 7280.02 (part))

"Small wind energy system" means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission and which will be used primarily to reduce on-site consumption of utility power.

(Ord. G-6968 § 2, 2003)

19.04.777 - Soffit.

"Soffit" means the horizontal underside of an eave.

(Prior code § 7280.02 (part))

19.04.780 - Solid waste.

"Solid waste" means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

(Prior code § 7280.02 (part))

19.04.783 - Specific plan line.

"Specific plan line" means the designated centerline of any road or highway, as adopted by resolution of the board of supervisors, from which the ultimate right-of-way is determined in accordance with the circulation element of the general plan.

(Prior code § 7280.02 (part))

"Start of construction" means the first placement of permanent construction on a site, such as the pouring of slabs or footings, or any site preparation work, including, but not limited to, leveling and grading.

(Prior code § 7280.02 (part))

19.04.789 - Stockyard.

"Stockyard" means an enclosed area where livestock are temporarily confined and fed concentrated food while waiting for shipping to market, slaughter or resale.

(Prior code § 7280.02 (part))

19.04.792 - Story.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.

(Prior code § 7280.02 (part))

19.04.795 - Story, half.

"Half story" means a story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (⅔) of the floor area immediately below it.

(Prior code § 7280.02 (part))

19.04.798 - Stream.

"Stream" means a watercourse having a source and terminus, banks and channel through which waters flow at least periodically.

(Prior code § 7280.02 (part))

19.04.801 - Street, cul-de-sac.

"Cul-de-sac street" means a street with a single common ingress and egress and with a turnaround at the end.

(Prior code § 7280.02 (part))

19.04.804 - Street, local.

"Local street" means a street designed to provide vehicular access to abutting property.

(Prior code § 7280.02 (part))

19.04.807 - Street, private.

"Private street" means a street owned and maintained by a person or persons and intended for access to a limited number of private lots.

(Prior code § 7280.02 (part))

19.04.810 - Street, public.

"Public street" means a street built to standards required and maintained by the county of Kern.

(Prior code § 7280.02 (part))

19.04.813 - Structural floor.

"Structural floor" means the floor sheathing, structural beams, floor joists or concrete slab of a building.

(Prior code § 7280.02 (part))

"Structure" means an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

(Prior code § 7280.02 (part))

"Subdivision" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future, except for leases of agriculture land for agricultural purposes.

(Prior code § 7280.02 (part))

19.04.820 - Substantial improvement.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the actual cash value of the structure, either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences.

(Ord. No. G-7821, § 8, 1-27-09)

"Supportive housing" means housing for more than six (6) residents with no limit on the length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing may include apartments and group homes. (Ref. California Health and Safety Code, Section 50801(e).) "Residential facilities", as defined in Section 19.04.626 of this title are also included under this definition, although some categories of residential facilities require licensing from the State Department of Social Services. "Rehabilitation facilities", as defined in Section 19.04.619 of this title, include Sober Living Environment facilities and other types of group housing facilities and are also included in this definition. For the purpose of this section, "target population" means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chromic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals existing from institutional settings, veterans, or homeless people (Ref. California Health and Safety Code, Section 53260).

(Ord. No. G-7821, § 9, 1-27-09)

19.04.823 - Surface mining operation.

"Surface mining operation" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to: (1) inplace distillation or retorting or leaching; (2) the production and disposal of mining waste; and (3) prospecting and exploratory activities. Unless excluded under the provisions of California Public Resources Code Section 2714 or Section 3505 of Title 14, California Code of Regulations, borrow pitting, streambed skimming, segregation and stockpiling of mined materials (and recovery of same) are deemed to be surface mining operations.

(Ord. G-4832 § 12, 1988)

19.04.824 - Temporary event.

"Temporary event" means a nonpublicly sponsored, organized event held on privately owned property involving more than one hundred (100) participants and spectators where such a use is not otherwise permitted by the applicable zoning district or when the event would not normally be considered an accessory use, as determined by the planning director. Included in this definition are off-site automobile sales events in any district involving more than four hundred (400) square feet of sales area.

(Ord. G-7189 § 4, 2005; Ord. G-6641 § 2, 1999: Ord. G-6551 § 9, 1998)

19.04.825 - Temporary structure.

"Temporary structure" means a structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

(Prior code § 7280.02 (part))

19.04.828 - Temporary use.

"Temporary use" means a use established for a fixed period of time with the intent to discontinue the use upon expiration of such time period.

(Prior code § 7280.02 (part))

19.04.831 - Ten acres.

"Ten acres" means an aliquot division of a section of land consisting of one-quarter (¼) of one-quarter (¼) of one-quarter (¼) section of land, not to be less than eight (8) gross acres.

(Prior code § 7280.02 (part))

19.04.834 - Townhouse.

"Townhouse" means a building with three (3) or more attached dwelling units, each with its own roof, oriented in a common wall relationship as one (1) building.

(Prior code § 7280.02 (part))

"Trailer" means a structure mounted on wheels, towed or hauled by another vehicle, and used for shortterm human occupancy, carrying materials, goods or objects, or as a temporary office.

(Prior code § 7280.02 (part))

19.04.840 - Trailer court.

See "mobilehome park."

(Prior code § 7280.02 (part))

19.04.843 - Transfer/processing station.

"Transfer/processing station" means and includes those facilities utilized to receive solid wastes, temporarily store, separate, convert or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. Transfer station does not include any facility, the principal function of which is to receive, store, separate, convert or otherwise process, in accordance with state minimum standards, manure; nor does it include any facility, the principal function of which is to receive, store, convert or otherwise process wastes which have already been separated for reuse and are not intended for disposal. Transfer station also includes publicly operated household hazardous waste collection sites in operation for thirty (30) or more days during any calendar year.

(Ord. G-6191 § 7, 1995: prior code § 7280.02 (part))

19.04.846 - Transfer station, large volume.

"Large volume transfer station" means a medium volume or large volume transfer station which receives an amount equivalent to or more than fifteen (15) tons of waste per operating day.

(Ord. G-6864 § 4, 2002: Prior code § 7280.02 (part))

19.04.849 - Transfer station, small volume.

"Small volume transfer station" means a limited volume transfer station which receives less than sixty (60) cubic yards or fifteen (15) tons, whichever is greater, of waste per operating day.

(Ord. G-6864 § 5, 2002: Prior code § 7280.02 (part))

"Transitional housing" means housing with supportive services that is exclusively designated and targeted for recently homeless persons or families for up to twenty-four (24) months.

(Ord. No. G-7821, § 10, 1-27-09)

19.04.852 - Travel trailer.

"Travel trailer" means a portable unit mounted on wheels and of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle, and for human habitation for

recreational or temporary occupancy.

(Prior code § 7280.02 (part))

19.04.855 - Travel trailer park.

See "recreational vehicle park."

(Prior code § 7280.02 (part))

19.04.858 - Triplex.

See "dwelling, triplex."

(Prior code § 7280.02 (part))

19.04.861 - Truck repair.

"Truck repair" means a commercial activity engaged in the service and repair of trucks, including truck tire repair.

(Prior code § 7280.02 (part))

19.04.864 - Twenty acres.

"Twenty acres" means an aliquot division of a section of land consisting of one-half (½) of one-quarter (¼) of one-quarter (¼) section of land, not to be less than sixteen (16) gross acres.

(Prior code § 7280.02 (part))

19.04.867 - Two and one-half acres.

"Two and one-half (2 ½) acres" means an aliquot division of a section of land consisting of one-quarter (¼) of one-quarter (¼) of one-quarter (¼) of one-quarter (¼) section of land, not to be less than two (2) gross acres.

(Prior code § 7280.02 (part))

19.04.870 - Two-family dwelling or duplex.

See "dwelling, two-family."

(Prior code § 7280.02 (part))

19.04.873 - Use.

"Use" means the purpose or activity for which land or buildings are designed, arranged or intended, or for which either is or may be occupied or maintained.

(Prior code § 7280.02 (part))

19.04.876 - Variance.

"Variance" means permission to depart from the literal requirements of this title.

(Prior code § 7280.02 (part))

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks, including, but not limited to, autos, trucks, buses, motorcycles, trailers and mobilehomes.

(Ord. G-5684 § 10, 1991)

"Vehicle wrecking yard" means any lot or portion thereof used for the dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, but not including the incidental storage of vehicles in connection with the operation of a repair garage, providing the repair period of any one (1) vehicle does not exceed sixty (60) days, and not including the active noncommercial repair of up to two (2) personal motor vehicles per legal lot within a one hundred twenty (120) day period.

(Ord. G-5684 § 9, 1991: Ord. G-4832 § 13, 1988)

"Violations" means any condition declared by a statute of the state of California or ordinance by Kern County to be a nuisance; any public nuisance known at common law or equity; any condition dangerous to human life, unsafe, or detrimental to the public health or safety; and any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of this title.

(Ord. G-5684 § 12, 1991)

19.04.880 - Washroom.

"Washroom" means a room equipped with washing and, usually, toilet facilities.

(Ord. G-5684 § 11, 1991: prior code § 7280.02 (part))

"Watercourse" means a natural or man-made, intermittent or perennial drainage channel which includes, but is not limited to, the terms river, tributary, stream or creek.

(Prior code § 7280.02 (part))

"Water injection well" means a well used for the purpose of disposing of production wastewater produced within the same oilfield in which the injection well is located.

(Prior code § 7280.02 (part))

19.04.888 - Water system, large.

"Large water system" means a domestic water well and ancillary equipment providing water to more than ten (10) dwelling units or regularly serving twenty-five (25) or more people daily for at least sixty (60) days, such as a water system serving a business, factory or other permitted use.

(Prior code § 7280.02 (part))

19.04.891 - Water system, small.

"Small water system" means a domestic water well and ancillary equipment providing water to ten (10) dwelling units or less.

(Prior code § 7280.02 (part))

19.04.894 - Water treatment plant.

"Water treatment plant" means a plant or facility for treatment or purification of water to make it usable.

(Prior code § 7280.02 (part))

19.04.896 - Wholesale nursery.

"Wholesale nursery" means a plant nursery where the majority of plants are grown on site and sold in bulk form for the purposes of retail resale or for bulk purchase by landscape contractors and commercial landscaping installers, and which is not engaged in selling goods or merchandise to the general public for personal or household consumption.

(Ord. G-6077 § 10, 1994)

19.04.897 - Wild animal keeping.

"Wild animal keeping" means keeping or maintaining any dangerous, wild, carnivorous or exotic animal that is wild by nature and not customarily domesticated by man so as to live and breed in a tame condition.

(Prior code § 7280.02 (part))

19.04.900 - Wind-driven electrical generators, experimental.

"Experimental wind-driven electrical generators" means wind systems that are the first of their kind and their use constitutes a testing of a new concept or design.

(Prior code § 7280.02 (part))

19.04.903 - Wind-driven electrical generators, production.

"Production wind-driven electrical generators" means electrical generators that have progressed beyond the prototype stage and the construction of a significant number on a continuing basis has occurred.

(Prior code § 7280.02 (part))

19.04.906 - Wind-driven electrical generators, prototype.

"Prototype wind-driven electrical generators" means electrical generators that have progressed beyond the experimental stage and construction of a limited number to test operations in field conditions has occurred.

(Prior code § 7280.02 (part))

19.04.907 - Winery, rough.

"Rough winery" means a grape crushing and fermentation facility designed to produce rough wine for bulk transport, which does not include heat treatment, filtration, or bottling and which is not open to the general public.

(Ord. G-7189 § 5, 2005)

19.04.909 - Yard.

"Yard" means an open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in this title.

(Prior code § 7280.02 (part))

19.04.912 - Yard, front.

"Front yard" means a space extending across the full width of the lot between the front lot line and the nearest line or point of the main building or of any accessory building or structure. (See Figure 19.04.402.)

(Prior code § 7280.02 (part))

19.04.915 - Yard, impound.

"Impound yard" means the outside storage of autos, trucks or other vehicles for commercial purposes.

(Prior code § 7280.02 (part))

19.04.918 - Yard, junk.

"Junk yard" means the storage and dismantling of autos, trucks or other machinery for commercial purposes. Includes salvage yards and dismantling yards.

(Prior code § 7280.02 (part))

19.04.921 - Yard, rear.

"Rear yard" means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the main building or of any accessory building or structure. (See Figure 19.04.402.)

(Prior code § 7280.02 (part))

19.04.924 - Yard, side.

"Side yard" means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main building or of any accessory building or structure. (See Figure 19.04.402.)

(Prior code § 7280.02 (part))

"Zone modification" means permission for minor departures from the literal requirements of this title.

(Prior code § 7280.02 (part))

19.04.930 - Zoning.

"Zoning" means dividing of the county into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.

(Prior code § 7280.02 (part))

19.04.933 - Zoning district.

"Zoning district" means a specifically delineated area or district in the county, within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

(Prior code § 7280.02 (part))

Chapter 19.06 - ADMINISTRATION*

19.06.010 - Purpose.

The purpose of this chapter is to establish general rules for the administration of this title.

(Ord. G-6077 § 11 (part), 1994)

The planning director shall be vested with the authority to administer this title. In the course of these duties, the planning director shall have the authority to interpret the provisions of this title. Where there is a question as to the meaning or the intent of any requirement of this title, including interpretations of conditions of approval required in conjunction with the approval of any ministerial or discretionary permit authorized therein, the planning director shall provide any necessary interpretation, and the decision of the planning director shall be final.

(Ord. G-6077 § 11 (part), 1994)

The planning director may delegate any responsibility or authority charged to him/her by any section of this title to any employee of the Kern County planning department, any employee of any department of the county of Kern, or a committee of employees of the county of Kern. Any employee or employees so designated may act on behalf of the planning director in a matter or proceeding specified in this title.

(Ord. G-6077 § 11 (part), 1994)

An individual or individuals that have a physical or mental disability, as defined in the Americans with Disabilities Act of 1990 and state fair housing laws, may request that a reasonable accommodation be made if it can be demonstrated that adopted ordinances, policies, programs, permitting processes or fees, which are administered by the planning department, will create an undue burden upon that individual or individuals. Such a request may be filed in writing or verbally in conjunction with a personal appointment with the planning director. A qualifying disabled individual is any person who has a physical or mental impairment that substantially limits one or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of such impairment. Individuals who are currently using illegal controlled substances are not included; however, former abusers enrolled in a recovery program are included. If an individual needs assistance in making a request for reasonable accommodation, the department will endeavor to provide the assistance required. The planning director is authorized to make such an accommodation if it is determined that the request is reasonable and will not result in any of the following: 1) a fundamental alteration of the county's ordinances, policies or programs, 2) creation of an undue administrative burden on the department; or 3) creation of an undue financial burden on the

department. Such an accommodation shall only be made if the planning director determines that there will be no resulting significant impacts to the public's health, safety or welfare. In the event that the request for a reasonable accommodation is denied by the planning director, the decision may be appealed to the board of supervisors if filed within fourteen (14) days from the date of said decision.

(Ord. No. G-7821, § 11, 1-27-09)

The board of supervisors may establish a reasonable fee for processing any application specified in this title, provided the fee does not exceed the estimated actual cost of processing such application. The board of supervisors shall adopt and may periodically revise a schedule of fees for processing such applications.

(Ord. G-6077 § 11 (part), 1994)

Chapter 19.08 - INTERPRETATION AND GENERAL STANDARDS

The purpose of this chapter is to establish guidelines for the interpretation of this title and to enumerate miscellaneous requirements applicable generally to the matters included in this title.

(Prior code § 7282.01)

19.08.015 - Special treatment areas within Kern County—Indian Wells Valley Land Use Management Plan.

The Indian Wells Valley Land Use Management Plan area is defined as:

Sections 1—36 of Township 25 South, Ranges 38 and 39 East;

Sections 2—11, 14—23, and 26—35 of Township 25 South, Range 40 East;

Sections 1—36 of Township 26 South, Ranges 38 and 39 East;

Sections 3—10, 13—24, and 26—35 of Township 26 South, Range 40 East;

Sections 1—36 of Township 27 South, Ranges 38 and 39 East;

Sections 2—11, 14—23, and 26—35 of Township 27 South, Range 40 East;

Sections -1-36 of Township 28 South, Ranges 38 and 39 East;

Sections 2—11, 14—23, and 26—35 of Township 27 South, Range 40 East.

The Indian Wells Valley Land Use Management Plan area is subject to specific additional provisions, as noted in Section 19.08.015 (Interpretations and General Standards), Section 19.80.015 (Special Development Standards), and Chapter 19.86 (Landscaping).

(Ord. No. G-8558, § 2, 5-19-15)

Where uncertainty exists as to the boundaries of any zoning district shown on the official zoning maps, the following rules shall apply:

A.

Where district boundaries are indicated as approximately following street, highway, railroad and alley lines or lot lines, such lines shall be construed as extending to the centerline of such street, highway, railroad or alley.

B.

In unsubdivided property or where a zoning district boundary divides a lot, the location of district boundary, unless specified by dimensions, shall be determined by use of the scale appearing on the map.

C.

In case any uncertainty exists, the planning director shall determine the location of district boundaries.

D.

Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to the vacated or abandoned street or alley.

E.

Where any private right-of-way or easement of any railroad, railway, canal, transportation or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned property, unless said right-of-way or easement has been previously zoned.

(Ord. G-6077 § 12, 1994; prior code § 7282.02)

When a property owner, applicant or potential applicant proposes or contemplates a use of property not expressly authorized as a permitted use or as a conditional use in any district by the regulations of the applicable zoning district or districts, he/she may apply for a determination of similar use in accordance with the procedures set out in Sections 19.08.040 through 19.08.080 of this chapter. A determination of similar use may also be initiated by the planning director.

(Ord. G-6077 § 14, 1994: Ord. G-5803 § 5, 1992: Ord. G-5684 § 13, 1991: prior code § 7282.03 (part))

An application for similar use shall be in writing on forms provided by the director of the planning department and shall include the following:

A.

Name of the applicant;

B.

Description of the proposed or contemplated use;

C.

Identification of the zoning district or districts in which the use is proposed or contemplated;

D.

Identification of the use or uses listed as permitted uses or conditional uses that most nearly resemble the proposed or contemplated use;

E.

Explanation of why the property owner, applicant or potential applicant feels the proposed or contemplated use meets the criteria in Section 19.08.080 of this chapter for determination of similar use.

(Ord. G-6077 § 15, 1994: prior code § 7282.03(A))

An application for similar use may be submitted in conjunction with an application for a ministerial or discretionary permit described in this chapter or at any other time as may be convenient to the applicant.

(Prior code § 7282.03(B))

A.

Purpose and Application. The purpose of this section is to ban commercial medicinal and recreational cannabis businesses and activities of all kinds that are, the subject of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (formerly known as the Medical Marijuana Regulation and Safety Act and the Adult Use of Marijuana Act) in order to promote the health, safety, and general welfare of the citizens of the county. It is also the purpose of the chapter to affirm that personal cannabis use in the county of Kern must comply with state law requirements.

B.

Commercial Recreational Cannabis Businesses Prohibited. Businesses conducting commercial recreational cannabis activity licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act are prohibited in all zone districts. No local authorization for any of the activities covered by the license classifications identified in Business and Professions Code 26050 shall be granted for any zone district in the unincorporated area of the county of Kern.

C.

Commercial Medicinal Cannabis Businesses Prohibited. Businesses conducting commercial medicinal cannabis activity licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act are prohibited in all zone districts. No local authorization for any of the activities covered by the license classifications identified in Business and Professions Code 26050 shall be granted for any zone district in the unincorporated area of the county of Kern.

D.

Public Nuisance. Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this section, is hereby declared to be unlawful and a public nuisance and is subject to the enforcement provisions of subsection (J) of this section, in addition to any other enforcement remedy available to the county under any applicable state or federal statute, the Kern County Ordinance Code, or any other lawful power the county may possess.

E.

Applicability.

1.

All provisions of this section shall apply outdoors and indoors.

2.

All provisions of this section shall apply to public and private property within the county's jurisdiction.

3.

All provisions of this section shall apply to any persons, including primary caregivers and qualified patients.

4.

Nothing in this section is intended, nor shall be construed or inferred to burden any defense to criminal prosecution under the Compassionate Use Act of 1996, the Adult Use of Marijuana Act of 2016 or the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

F.

Definitions. For purposes of this chapter, these words and phrases shall be defined as follows:

1.

"Cannabis" shall have the same definition as in California Business and Professions Code 26001(f) and Health and Safety Code Section 11018 as they now read or as amended.

2.

"Cannabis products" has the same meaning as in Section 11018.1 of the Health and Safety Code as it now reads or as amended.

3.

"Commercial medicinal cannabis activity" includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of cannabis and cannabis products for non-personal medicinal purposes as provided in the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

4.

"Commercial recreational cannabis activity" includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of cannabis and cannabis products for non-personal non-medicinal purposes as provided in the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

5.

"Commercial cannabis activity" includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of cannabis and cannabis products as provided in the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

6.

"County" means the county of Kern or the unincorporated area of the county of Kern as required by the context.

7.

"Cultivate" or "cultivation" is the planting, growing, harvesting, drying, curing, grading, trimming processing, or storage of marijuana in any location.

"Marijuana" shall have the same definition as cannabis.

9.

"Medicinal cannabis" or "medicinal cannabis product" means cannabis or cannabis product used for medicinal purposes in accordance with the Compassionate Use Act of 1996, found at section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation as required by the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

10.

"Medicinal cannabis dispensary" or "dispensaries" means any operation, including a store-front facility or structure, mobile facility, or delivery service, wherein medical cannabis is made available, sold, offered for sale, given, distributed, traded, or otherwise provided to primary caregivers or qualified patients, as defined by this chapter.

"Medicinal cannabis dispensary" or "dispensaries" shall not include the following uses, as long as the location of such uses are otherwise regulated by code or applicable law: (i) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (ii) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (iii) a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (iv) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; and (v) a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.7 et seq.

11.

"Primary caregiver" shall have the same definition as in California Health and Safety Code Section 11362.7 et seq., as it now reads or as amended.

12.

"Planning director" shall refer to the director of the planning and natural resources department of the county of Kern.

13.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling.

14.

"Recreational cannabis" means cannabis used for non-medicinal purposes in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

15.

"Qualified patient" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it now reads or as amended.

G.

Personal Recreational Cannabis Use. Except as provided below, personal recreational cannabis use shall comply with the Medicinal and Adult-Use Cannabis Regulation and Safety Act, including, but not limited to, California Health and Safety Code Sections 11362.1 through 11362.45 as currently stated or as otherwise amended. Outdoor planting and cultivation of cannabis is prohibited.

H.

Personal Medicinal Cannabis Use. Except as provided below, personal medicinal cannabis use shall comply with the Medicinal and Adult-Use Cannabis Regulation and Safety Act, including, but not limited to, California Health and Safety Code Sections 11362.1 through 11362.79 as currently stated or as otherwise amended. Outdoor planting and cultivation of marijuana is prohibited.

I.

Amortization of Existing Medicinal Cannabis Dispensaries. Any medicinal cannabis dispensary which was in operation on or before May 10, 2016, when the moratorium set forth in former Chapter 5.86 on the establishment of new medicinal marijuana dispensaries went into effect, and is also currently in compliance with former Kern County Ordinance Code Section 5.84.010, for zoning, setbacks and building code shall be deemed to be a temporary lawful medicinal cannabis dispensary and shall obtain a temporary license from the State of California for a period of time not more than twelve (12) months beyond the effective date of the ordinance from which this section derives. The planning director shall issue a letter to the State of California authorizing the issuance of a cannabis license after satisfaction of the following: (i) confirmation that the facility complies with all requirements of former Section 5.84.010 for setbacks and appropriate zoning for a pharmacy; and (ii) an inspection has been completed by the Kern County building inspection division of the interior and exterior of the building used for the cannabis dispensary for compliance with the building code; and (iii) all work has been completed by the property owner/or tenant for any deficiencies found. Except as otherwise provided below, any such dispensary shall be allowed to operate at its current location for one (1) year from the effective date of the ordinance from which this section derives. At the expiration of one (1) year, the dispensary shall cease operations.

ance with the building code; and (iii) all work has been completed by the property owner/or tenant for any deficiencies found. Except as otherwise provided below, any such dispensary shall be allowed to operate at its current location for one (1) year from the effective date of the ordinance from which this section derives. At the expiration of one (1) year, the dispensary shall cease operations.

In the event a temporary lawful medicinal cannabis dispensary ceases operation for a period of thirty (30) consecutive days or more after the effective date of the ordinance from which this section derives, it shall be deemed to have been abandoned and shall not re-open as a medicinal cannabis dispensary.

To mitigate any substantive economic impact and to allow a dispensary owner to recoup the value of his or her investment not otherwise realized during the one (1) year of operation as provided above, the owner of a temporary lawful medicinal cannabis dispensary may apply for an extension of time within which to cease operations. The application shall be made on forms provided by the planning and natural resources department with the applicable fees and shall be filed no more than one hundred twenty (120) days and no less than ninety (90) days prior to the day the dispensary is required to cease operations. No application for extension filed less than ninety (90) days prior to the day the dispensary is required to cease operations shall be considered. The applicant shall provide all of the information required by the application. Refusal or

failure to provide this information shall constitute a waiver of the right to seek an extension of time in which to operate.

The planning director shall notify the applicant of the time and place of a hearing to be held on such request before the planning director. After such hearing, the planning director shall issue a written order on the request for extension no less than sixty (60) days prior to the date scheduled for closure of the dispensary.

The planning director shall consider all relevant circumstances and factors in considering the request for an extension to the amortization period, including, but not limited to, the following to the extent they are applicable:

1.

Character of the land and land uses in the surrounding area

2.

Location of the use in relation to surrounding uses

3.

Length of time the use has been in existence and the length of time the use has been nonconforming

4.

Amount of capital investment by the owner of the dispensary in the property

5.

Amount of investment realized to date and the amount remaining

6.

Existence or nonexistence of lease obligations

7.

Removal costs directly attributable to discontinuance of the use

8.

Burden on the property owner resulting from discontinuance of the use

9.

Benefit to the public from discontinuance of the use.

The decision of the planning director shall be final ten (10) calendar days after the date of issuance of the order.

An applicant may appeal the decision of the planning director to the Kern County Board of Supervisors. The applicant may appeal the decision by filing with the planning and natural resources department a request for appeal prior to the time the decision becomes final. The appeal shall be accompanied with the fee established by the board pursuant to Section 19.06.040 of this title. The appeal shall include supporting documentation and basis for the appeal. The board of supervisors shall consider the appeal in a public session as part of one of its regularly scheduled meeting. The matter shall be set on the board agenda by the planning and natural resources department on the next available agenda. Selection of the date shall be coordinated with the applicant and written notification of the date shall be provided to the applicant. The planning and natural resources department shall consult with county counsel on the preparation of the matter for the board's consideration. A copy of the report provided to the board shall be sent to the applicant when the report is normally released to the public by the clerk of the board. A determination made by the board on the appeal shall be final.

J.

Enforcement. Violations of this section shall be subject to the enforcement provisions set forth in this subsection, as well as any other enforcement remedy available to the county under any applicable state or federal statute, the Kern County Ordinance Code, or any other lawful power the county may possess. If applicable, each day a violation of this section continues shall be considered a separate offense.

1.

Violations of this section pertaining to personal cannabis use shall be punishable according to all applicable statutes as currently stated or as otherwise amended, including but not limited to, those statutes set forth in Chapter 6, of Division 10, of the California Health and Safety Code.

2.

Any person, business, or owner or possessor of any property who violates this section pertaining to commercial cannabis activity, or who, with the lawful authority to prevent it, causes, permits or allows such a violation, is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a time not exceeding six (6) months, or by both such fine and imprisonment.

3.

Any person, business, or owner or possessor of any property who violates this section pertaining to commercial cannabis activity, or who, with the lawful authority to prevent it, causes, permits or allows such a violation, is subject to the administrative procedures and penalties set forth in Chapter 8.54 of the Kern County Ordinance Code.

4.

Any person, business, or owner or possessor of any property who violates this section pertaining to commercial cannabis activity, or who, with the lawful authority to prevent it, causes, permits or allows such a violation, is subject to the summary abatement procedures set forth in Chapter 8.44 of the Kern County Ordinance Code.

5.

Any person, business, or owner or possessor of any property who violates this section pertaining to commercial cannabis activity, or who, with the lawful authority to prevent it, causes, permits, or allows such a violation, is subject to a civil action in the state court system as set forth in Section 19.114.080 of the Kern County Ordinance Code.

K.

Severability. If any part of this section is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality, shall not affect the validity, lawfulness, or constitutionality of any other part of this section.

(Ord. No. G-8739, § 5, 10-24-17, eff. 11-24-17)

Where an application for similar use is submitted in conjunction with an application for a ministerial permit or if a proposed or contemplated use is asserted to be similar to a permitted use in the applicable zoning district or districts where no permit application is submitted, the planning director shall make the determination of similar use. Such determination shall be made in accordance with the following procedures:

A.

The determination shall be made in conjunction with the ministerial or discretionary decision on the application submitted in accordance with the procedures set out in Sections 19.102.040 through 19.102.060 or 19.102.070 through 19.102.120 of this title or, where no ministerial or discretionary permit is involved, within forty-five (45) calendar days of submission of the application.

B.

Written notice of such determination shall be given by mail within a timely manner after the date of the determination to the applicant and any person filing a written request for notice of the determination.

C.

The decision of the planning director shall be final on the expiration of seven (7) calendar days from and including the date of mailing of notice of the decision, as required by subsection (B) of this section, unless a notice of appeal is filed with the planning director within such time.

(Ord. G-6077 § 16, 1994: prior code § 7282.03(C))

The determination of similar use by the planning director shall be subject to appeal to the board of supervisors.

A.

The applicant for the determination may appeal from the decision of the planning director on the application for determination of similar use by filing a written notice of appeal with the planning director prior to the time the decision becomes final.

B.

The board of supervisors may affirm or modify the determination of similar use by the planning director.

(Ord. G-6077 § 17, 1994: prior code § 7282.03(D))

The determination of similar use shall constitute a ministerial action. In making a determination of similar use, the planning director, or board of supervisors, acting on an appeal shall determine that a proposed or contemplated use is similar to a use or uses expressly authorized in the applicable zoning district or districts if the proposed or contemplated use meets the following criteria:

A.

The use resembles or is of the same basic nature as a use or uses expressly authorized in the applicable zoning district or districts in terms of the following:

1.

The activities involved in or equipment or materials employed in the use,

2.

The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations and appearance;

B.

The use is consistent with the stated purpose of the applicable district or districts.

(Ord. G-6077 § 18, 1994: prior code § 7282.03(E))

As an alternative to the determination of similar use provisions specified above, the planning director may authorize the filing of a conditional use permit application to allow the establishment of a use not expressly authorized as a permitted or conditionally permitted use in this chapter, provided that the planning director determines that the proposed use is not inherently incompatible with the purposes of the applicable zoning district. If the planning director authorizes the filing of such a conditional use permit application, the application shall be processed in accordance with the provisions of Chapter 19.104 of this title.

(Ord. G-6967 § 4, 2003)

The provisions of this title shall not be construed to apply to the construction, installation, operation and maintenance of public utility distribution and transmission lines or supporting towers, and poles and underground facilities for providing gas, water, electricity, or telephone and telegraph services by public utility companies or any other company under the jurisdiction of the California Public Utilities Commission. Additionally, the provisions of this title shall not apply to privately constructed, operated or maintained electrical transmission lines and towers, provided that said lines are constructed, maintained and operated in accordance with, and subject to, the requirements of the California Public Utilities Commission and further provided that said transmission lines are tied into a public utility grid system, and except as otherwise provided for in Chapter 19.64. Microwave and cellular transmission facilities shall be subject to the provisions of this title, except where local land use authority is expressly preempted by state or federal laws or regulations.

(Ord. G-6297 § 6, 1996: Ord. G-6191 § 8, 1995: Ord. G-6077 § 20, 1994: Ord. G-5684 § 14, 1991: Ord. G- 4832 § 14, 1988: prior code § 7282.04)

19.08.100 - Interpretation of minimum lot sizes.

For the purpose of complying with the minimum lot size and minimum lot area per dwelling unit requirements and other provisions of this title, the lot sizes or lot areas shall have the following meanings:

A.

¼ acre: One-quarter (¼) acre or ten thousand eight hundred ninety (10,890) net square feet;

B.

½ acre: One-half (½) acre or twenty-one thousand seven hundred eighty (21,780) net square feet;

C.

1 acre: One (1) net acre;

D.

2½ acres: Two and one-half (2½) gross acres or a quarter (¼) of a quarter (¼) of a quarter (¼) of a quarter (¼) section of land containing not less than two (2) gross acres;

E.

5 acres: Five (5) gross acres or a half (½) of a quarter (¼) of a quarter (¼) of a quarter (¼) section of land containing not less than four (4) gross acres;

F.

10 acres: Ten (10) gross acres or a quarter (¼) of a quarter (¼) of a quarter (¼) section of land containing not less than eight (8) gross acres;

G.

20 acres: Twenty (20) gross acres or a half (½) of a quarter (¼) of a quarter (¼) section of land containing not less than sixteen (16) gross acres;

H.

40 acres: Forty (40) gross acres or a quarter (¼) of a quarter (¼) section of land containing not less than thirty-five (35) acres;

I.

80 acres: Eighty (80) gross acres or a half (½) of a quarter (¼) section of land containing not less than seventy (70) gross acres.

(Prior code § 7282.05)

19.08.110 - Determination of accessory uses and structures.

If any question arises as whether any particular use or structure is accessory to the primary use or structure in question, it shall be resolved based on the definitions of accessory building or structure or accessory use found in Chapter 19.04 of this title and the following criteria:

A.

Nature and size of the primary use or structure;

B.

Nature and size of the accessory use or structure;

C.

Relationship of the accessory use or structure to the primary use or structure.

(Prior code § 7282.06)

19.08.120 - Front yard setback exception.

Notwithstanding any of the minimum front yard setbacks required in all of the E, R-1, R-2 and R-3 districts, the front yard minimum setback specified in these districts may be reduced where lots comprising forty percent (40%) or more of the frontage on one (1) side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten (10) feet. In such cases, no building newly erected or structurally altered may project beyond the average front yard line established by the existing buildings. In making this determination, buildings located more than thirty-five (35) feet from the front property line or buildings facing a side street on a corner lot shall not be counted. In no case shall any building or structure be located within any planned future right-of-way.

(Prior code § 7282.07)

The express enumeration and authorization in this title of a particular class of building, structure, premises or use in a designated zoning district shall be deemed a prohibition of such building, structure, premises or use in all zoning districts of more restrictive classification, except as otherwise specified.

(Prior code § 7282.08)

Except where otherwise provided for in this title, every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway other than the alley.

(Prior code § 7282.09)

No penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, steeples, roof signs or other structures shall exceed the height limit provided in this title.

(Prior code § 7282.10)

19.08.160 - Height of structures.

A.

Notwithstanding any other provisions in this title, within the area depicted in Figure 19.08.160, no zone modification or zone variance may be approved, and no building permit may be issued where a zone modification or zone variance is not required, for any structure or building that exceeds the maximum permitted heights shown in Figure 19.08.160 unless the military authority responsible for operations in that flight area first provides the planning director with written concurrence that the height of the proposed structure or building would create no significant military mission impacts.

B.

In instances where the required written concurrence from the military is requested but not received within a reasonable period of time, the required zone modification or zone variance may be considered by the board of supervisors. A variation to the height-related development standard above may be approved by the board of supervisors generally following the zone variance procedures set forth in Chapter 19.106 and payment of related fees, upon a finding that the benefits of the requested height deviation outweigh the potential impacts on military flight operations.

(Ord. G-7189 § 6, 2005; Ord. G-7081 § 3, 2004: Ord. G-7072 § 3, 2004: Ord. G-6297 § 7, 1996: Ord. 5803 § 6, 1993: Prior code § 7282.11)

(Ord. No. G-8226, § 3, 11-8-11)

==> picture [324 x 501] intentionally omitted <==

19.08.170 - Dwellings above other uses—Yard requirements.

Where a dwelling is located, placed or erected above another type of use in zoning districts other than the E, E (½), E (1), E (2½), E (5), E (10), E (20), R-1, R-2 or R-3 districts, the rear and side yards for the floors occupied for dwelling purposes shall comply with the regulations of the R-3 district.

(Prior code § 7282.12)

The following regulations shall apply to the location of accessory buildings unless otherwise provided in this title:

A.

Except in the case of accessory dwelling units approved pursuant to Chapter 19.90 of this title, accessory buildings in the R-1, R-2, R-3, and E districts located within the Metropolitan Bakersfield General Plan area shall be subject to the requirements listed in this subsection and accessory buildings in the R-1, R-2, R-3, and E districts located outside the Metropolitan Bakersfield General Plan area shall be subject to the require ments of subparagraphs (1) and (2) of this subsection. Square footage and heights exceeding those specified by this section may be allowed when approved by the planning director following the procedure described in subsection (5) below. Except for a detached garage, all other accessory buildings shall be located no closer to the front property line than the principal dwelling.

1.

On any residentially zoned parcel containing less than one-quarter (¼) acre, detached accessory buildings shall not exceed a combined total of six hundred (600) square feet. The accessory buildings shall not exceed the height of the principal dwelling.

2.

On any residentially zoned parcel containing an area between one-quarter (¼) acre and one-half (½) acre, detached accessory buildings shall not exceed a combined total of one thousand (1,000) square feet, or the square footage equivalent of the principal dwelling, whichever is greater, and shall not exceed the height of the principal dwelling.

3.

On any residentially zoned parcel containing more than one-half (½) acre, but less than three (3) acres, detached accessory buildings shall not exceed a combined total of three thousand six hundred (3,600) square feet or twice the square footage equivalent of the principal dwelling, whichever is greater, and shall not exceed a height of twenty (20) feet or the height of the principal dwelling, whichever is greater.

4.

On any residentially zoned parcel containing three (3) acres or more, detached accessory buildings shall not exceed a combined total of five thousand (5,000) square feet or three (3) times the equivalent square footage of the principal dwelling, whichever is greater, and shall not exceed the maximum building height permitted in the applicable zoning district.

5.

A public hearing is conducted using the procedure in Chapter 19.110, except that Section 19.110.050 shall not apply to such hearing. Heights and square footages exceeding the maximums otherwise permitted by this section may be allowed if the director makes the following findings:

a.

The increased height or square footage will permit appropriate development on the property;

b.

The increased height or square footage is compatible with development in the vicinity; and

c.

The increased height or square footage will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

B.

No accessory buildings on the rear of a reverse corner lot in the E, E (½), E (1), E (2½), E (5), E (10), E (20), R-1, R-2 or R-3 districts shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear.

C.

No accessory buildings or structures shall be located within a required front, side, or rear yard, except as provided for in this title.

D.

Accessory buildings may be considered a part of the main building if connected by a common wall of not less than five (5) feet in length, or if not more than twenty (20) feet from the main building and connected thereto by a roof of not less than five (5) feet in width.

E.

One (1) detached accessory building for use as a private garage may be permitted to occupy the required front yard of an interior lot in the E, E (½), E (1), E (2½), E (5), E (10), E (20), R-1, R-2 or R-3 districts when the slope of the front half of such lot is greater than one (1) foot rise or fall in the horizontal distance of four (4) feet from the established street elevation at the front property line; provided, however, that no portion of any such building shall be less than five (5) feet from the side or front property line of the lot, and further provided that no such building shall exceed thirty-five (35) feet in height.

F.

Cargo containers are permitted "by right" as an accessory structure in the A, A-1, NR, M-1, M-2, and M-3 districts. Cargo containers require approval of a conditional use permit in the E, R-1, C-2 and RF districts. Cargo containers, where permitted, shall not be used for human occupancy. Signs shall not be permitted on, or attached to, cargo containers, except those required by law that contain public safety information for the container. Cargo containers, where permitted, shall not be stacked. Cargo containers shall also be permitted in any zone district in conjunction with an authorized construction project. Except for temporary cargo containers specifically authorized in conjunction with a construction project, cargo containers shall be painted a uniform earthen hue color (e.g. beige, tan, brown).

G.

Outside of industrial zoning districts and approved miniwarehouse facilities, temporary, portable ondemand storage units (e.g., PODS) are permitted for up to thirty (30) days in residential, mobilehome park, and platted lands zoning districts and up to ninety (90) days in the agricultural, recreation-forestry, natural resource, drilling island, and commercial zoning districts. The planning director may authorize an extension of time for an additional thirty (30) days in residential zoning districts and up to an additional ninety (90)

rmitted for up to thirty (30) days in residential, mobilehome park, and platted lands zoning districts and up to ninety (90) days in the agricultural, recreation-forestry, natural resource, drilling island, and commercial zoning districts. The planning director may authorize an extension of time for an additional thirty (30) days in residential zoning districts and up to an additional ninety (90)

days in the agricultural, recreation-forestry, natural resource, drilling island, and commercial zoning districts. Additional time may be authorized when the portable storage unit is necessary and related to authorized on-site construction or when approved in conjunction with the approval of a conditional use permit, as provided for in Chapter 19.104. Signage on such units shall be limited to the name of the manufacturer and public safety information.

(Ord. G-7482 § 3, 2007: Ord. G-7189 § 7, 2005; prior code § 7282.13)

(Ord. No. G-7821, §§ 13, 14, 1-27-09; Ord. No. G-8226, § 5, 11-8-11; Ord. No. G-8725, §§ 6, 7, 7-11-17)

On through lots, either line separating the lot from a public thoroughfare may be designated by the owner as the front yard; however, the rear yard setback shall be the same as the front yard setback required on adjacent lots. Where a through lot is a lot within a recorded subdivision tract and the rear lot line abuts a secondary or major highway onto which access is restricted, the required rear yard shall be five (5) feet or as otherwise required by the applicable zoning district. (See Figure 19.08.190.)

(Ord. G-5684 § 15, 1991: Prior code § 7282.01)

Where yards are required by this title, those yards shall not be less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:

A.

Cornices, canopies, eaves, fireplaces, or other similar architectural features not containing vertical supports and not providing additional floor space within the building may extend into a required front, side or rear yard no more than three (3) feet.

B.

Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building may extend into any front yard not more than six (6) feet and into a side or rear yard not more than three (3) feet, provided, however, that an open work railing, not more than thirty-six (36) inches in height for residential structures and not more than forty-two (42) inches in height for commercial structures, may be installed or constructed on any such porch, platform or landing place.

C.

Stairwells and connected platforms or landings extending above the level of the first floor of a building may protrude into a required front yard no more than six (6) feet.

D.

Detached accessory buildings, less than one hundred twenty (120) square feet in size and eight (8) feet or less in height, may encroach into required side and rear yards up to five (5) feet, excluding street-side side

yards, provided, that the structure is not placed on a permanent foundation and further provided that drainage from the roof of the structure is retained on site.

(Ord. G-5346 § 6, 1990; Ord. G-4993 § 5, 1989; Ord. G-4832 §§ 15, 16, 1988; Prior code § 7282.15)

19.08.210 - Fences, walls and hedges.

A.

In the E (¼), E (½), E (1), E (2½), R-1, R-2 and R-3 districts, no fence, wall or hedge located in the rear or side yards shall exceed a height of six (6) feet, except when a higher fence, wall or hedge is required as a condition of approval of a discretionary permit except when approved by the director in the manner contained in subsection G of this section.

B.

In the E (¼), E (½), E (1), E (2½), R-1, R-2 and R-3 districts, no fence, wall or hedge located in the required front yard shall exceed a height of four (4) feet, except when a higher fence, wall or hedge is required as a condition of approval of a discretionary permit or except when approved by the director in the manner contained in subsection G of this section.

C.

Maximum fence, wall, or hedge height shall be measured from the finished interior grade. That portion of a wall or fence functioning as a retaining wall shall not be counted in determining overall fence or wall height. (See Figure 19.08.210.)

D.

In the E (¼), E (½), E (1), E (2½), R-1, R-2, and R-3 districts, no barbed wire shall be used or maintained as part or on any fence, wall, or hedge located along the front, side, or rear lines of any lot, or within three (3) feet of such lines, and no sharp wire or points shall project at the top of any fence or wall less than six (6) feet in height. No electrified fences shall be permitted, regardless of location, except for purposes of animal containment on lots zoned with the residential suburban (RS) combining district and which contain a minimum lot size of two and one-half (2½) acres.

E.

In the E (¼), E (½), E (1), E (2½), R-1, R-2, and R-3 districts, no fence, wall, or hedge located in the rear twenty-five (25) feet of a through lot shall exceed four (4) feet in height, except when a higher fence, wall, or hedge is required as a condition of approval of a discretionary permit, or except when approved by the director following the procedure described in subsection (G) of this section.

F.

In the E (¼), E (½), E (1), E (2½), R-1, R-2, and R-3 districts, no fence, wall, or hedge located within ten (10) feet of the rear lot line of a reversed corner lot between the street and the established front-yard setback line on the key lot to the rear shall exceed a height of four (4) feet, except when a higher fence, wall, or

hedge is required as a condition of an approval of a discretionary permit, or except when approval by the planning director following the procedure described in subsection (G) of this section.

G.

A public hearing is conducted using the procedure in Chapter 19.110, except that Section 19.110.050 shall not apply to such hearing. Heights exceeding the maximum heights otherwise permitted by this section may be allowed if the director makes the following findings:

1.

The increased height will permit appropriate development on the property;

2.

The increased fence height is compatible with development in the vicinity; and

3.

The increased fence height will not create traffic hazards in the project vicinity.

(Ord. G-6551 § 12, 1998; Ord. G-6412 § 4, 1997: Ord. G-6191 § 9, 1995: G-5346 § 8, 1990: Ord. G-4993 § 6, 1989; Ord. G-4832 §§ 17, 18, 1988; Prior code § 7282.16)

19.08.220 - Storage in yards.

Except as otherwise provided in subsection (G) of Section 19.82.090 of this title, no portion of any required front yard or side yard on the street side of a corner lot shall be used for the permanent storage, defined as any forty-eight (48) hour period, of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing, except that one (1) recreational vehicle designed for human occupancy or one (1) boat may be so stored, provided that the recreational vehicle or boat is fully operational and is currently licensed and/or registered. Additionally, no such areas shall be utilized for the storage of scrap metals or other scrap materials, machinery, appliances, furniture, or equipment or parts thereof, except for building materials and equipment for use on the premises stored thereon during the time a valid permit is in effect for construction on the premises.

oat is fully operational and is currently licensed and/or registered. Additionally, no such areas shall be utilized for the storage of scrap metals or other scrap materials, machinery, appliances, furniture, or equipment or parts thereof, except for building materials and equipment for use on the premises stored thereon during the time a valid permit is in effect for construction on the premises.

(Ord. G-5346 § 9, 1990: Prior code § 7282.17)

No structures shall be constructed, erected or maintained within a county road right-of-way or public access easement, except where otherwise expressly authorized by law. Storage of any equipment or material shall be prohibited within a county road right-of-way or public access easement, except where otherwise expressly authorized by law.

(Ord. G-5346 § 10, 1990)

19.08.230 - Regional or interstate transmission pipeline facilities—County review.

Before any right-of-way for transmission lines is acquired for regional or interstate facilities, the proposed route shall be submitted for the planning director review and recommendation.

(Ord. G-6551 § 14, 1998; Ord. G-6077 § 21, 1994; Prior code § 7282.18)

(Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 2, 3-8-21)

Editor's note— Ord. No. G-8992, § 2, adopted March 8, 2021, changed the title of § 19.08.230 from "Private oil pipelines and related facilities—County review" to "Regional or interstate transmission pipeline facilities—County review," as set out herein.

==> picture [492 x 263] intentionally omitted <==

Provided legal parcels of record are owned by the same property owner(s), a building or buildings that establish the main use may be developed across property lines to merge the properties into one (1) parcel for the determination of property development standards.

(Prior code § 7282.19)

19.08.252 - Truck parking as a residential accessory use.

Truck parking, when accessory and incidental to an established residential use, shall be permitted; provided that, there is no more than one (1) truck which does not exceed a gross weight of five (5) tons and which is driven to and from the resident's place of employment on a regular basis or which is utilized in conjunction with an approved home occupation pursuant to Chapter 19.94 of this title. No commercial vehicle having a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more shall be parked or stored on any public or private street within a residential district.

The parking of one (1) truck which exceeds a gross weight of five (5) tons may be authorized by the director subject to the provisions contained in Sections 19.102.040 through 19.102.060 (Ministerial Permits), except

as otherwise specified in this section. Such authorization shall be limited to legally created lots with a net lot size of one-half (½) acre or larger, developed with a single-family dwelling, and where the written consent of the property owner and each abutting property owner accompanies a written request for such authorization. Any such authorization shall be for a maximum period of three (3) years, limited to one vehicle and shall not include trailers; except that one (1) trailer may also be authorized on qualifying lots with a minimum gross lot size of two and one-half (2½) acres, if included as part of the original request. This two and one-half (2½) acre lot size requirement may be reduced to one (1) gross acre if a conditional use permit is obtained as specified below. For approval to store or park a trailer on a lot smaller than two and one-half (2½) acres but with an area of at least one (1) gross acre; or, in the event that not all abutting property owners' signatures can be obtained or in the event that authorization is being sought for more than three (3) years, the applicant may elect to file a conditional use permit request for approval by the hearing body following the procedures of Chapter 19.104 (Conditional Use Permits) of this title. Under no circumstances shall more than one (1) truck or truck/trailer combination be authorized under this section.

Violation of this section shall subject the responsible party to a civil penalty of eighty dollars ($80.00) per violation. Violations shall be subject to, and processed and enforced in accordance with, Sections 40200 et seq. of the California Vehicle Code.

(Ord. G-7189 § 9, 2005: Ord. G-6641 § 4, 1999: Ord. G-6077 § 22, 1994: Ord. G-5346 § 11, 1990: Ord. G- 4832 § 19, 1988)

(Ord. No. G-7821, § 16, 1-27-09)

19.08.260 - Oil and gas exploration by scientific means.

The provisions of this title shall not be construed to apply to the exploration for oil and gas by scientific means.

(Prior code § 7282.21)

19.08.270 - County review of projects related to national security.

The provisions of this title shall not be construed to apply to the construction, installation, operation and maintenance of facilities on private land which are required in the interest of national security or the national defense, as determined by the planning director.

(Ord. G-6077 § 23, 1994: Ord. G-4832 § 20, 1988)

19.08.280 - Emergency occupancy of mobilehomes, travel trailers, or commercial coaches.

In the event a previously permitted dwelling or private school is destroyed or rendered uninhabitable by fire, earthquake, or similar calamity, the planning director may authorize the temporary placement of a mobilehome or travel trailer for residential use in the case of a dwelling or a commercial coach in the instance of a private school, on the property, regardless of the zoning district classification of the property, for a period not to exceed one hundred eighty (180) days. A request for such authorization shall be submitted in writing within thirty (30) days from the time the dwelling is destroyed or rendered uninhabitable. The director shall provide such authorization in writing and may stipulate any necessary

conditions as determined by the director, for the protection of the public health and safety or for the protection of the personal health and safety of the proposed occupants.

(Ord. G-6077 § 24, 1994: Ord. G-4832 § 21, 1988)

(Ord. No. G-8226, § 6, 11-8-11)

Temporary portable batch plants related to a specific construction project and for a one-time period of one hundred sixty (160) days or less may be authorized by the planning director in the A (exclusive agriculture), NR (natural resource), M-2 (medium industrial), and M-3 (heavy industrial) districts after review and approval of a written request, which shall include an operations statement describing the equipment and processes to be utilized, the purpose of the temporary batch plant, and a plot plan.

(Ord. G-6077 § 25, 1994: Ord. G-5346 § 12, 1990)

All setback requirements contained in this title shall apply to all public access easements, in addition to publicly maintained streets or roads. All public access easements shall be kept free and clear of all obstructions.

(Ord. G-5346 § 13, 1990)

19.08.320 - Fireworks stands and Christmas tree sales.

In addition to the specific zone districts which allow temporary fireworks stands and Christmas tree sales, the planning director may also authorize fireworks stands and Christmas tree sales on publicly owned property, including property owned by school districts, and on property developed with church facilities in any zone district.

(Ord. G-6191 § 10, 1995: Ord. G-6077 § 26, 1994: Ord. G-5861 § 2, 1992)

19.08.340 - Temporary events.

Temporary carnivals, circuses, or similar events not exceeding a combined total of twelve (12) days on any one (1) parcel during any calendar year may be permitted in any zone district pursuant to the procedures set forth in Sections 19.102.070 through 19.102.120 of this title. In conjunction with such an approval, the hearing officer may impose reasonable conditions to safeguard public health and safety. If the hearing officer determines that the nature or scope of the proposed event could have a significant adverse impact on surrounding properties, the hearing officer may deny the issuance of a temporary event permit. In processing a temporary event permit, the director may require the processing of a conditional use permit following the procedures set forth in Chapter 19.104 (Conditional Use Permits) if it is concluded that the size or scope of the proposed event could potentially create adverse impacts to surrounding properties. No permit issued for a temporary event shall ever ripen into the status of a permanent entitlement or legal, nonconforming use.

(Ord. G-6967 § 5, 2003: Ord. G-6551 § 15, 1998: Ord. G-6297 § 8, 1996: Ord. G-6077 § 27, 1994)

(Ord. No. G-7821, § 17, 1-27-09)

Notwithstanding the requirements of each base zoning district pertaining to large water systems, aboveground structures related to large water systems, excluding well heads, well housing, booster pumps, small pressure tanks, and similar small aboveground structures, as determined by the planning director, shall require the processing of a conditional use permit following the procedures set forth in Chapter 19.104 (Conditional Use Permits) in the R-1, R-2, R-3, E (¼), E (½) and E (1) districts.

(Ord. G-6191 § 11, 1995)

19.08.370 - Potbellied pigs.

Vietnamese potbellied pigs shall be considered to be a household domestic pet and are permitted in conjunction with the residential use of property subject to the following conditions:

A.

There shall be no more than two (2) potbellied pigs kept on any legal lot.

B.

There shall be a minimum of five hundred (500) square feet of securely fenced outside yard area that is available and accessible for each potbellied pig. The fence shall be designed and maintained to prevent escape from the enclosed area.

C.

No potbellied pig shall exceed a weight of two hundred (200) pounds or a shoulder height of twenty-three (23) inches.

D.

Each potbellied pig shall be spayed or neutered.

E.

No potbellied pig shall be located any closer than thirty (30) feet from any off-site dwelling.

F.

All male potbellied pigs older than two (2) years shall have their tusks removed or filed by a licensed veterinarian.

G.

Upon request by the county, written certification of compliance with subsections (C), (D) and (F) of this section from a licensed veterinarian shall be provided by the owner.

H.

All potbellied pigs shall be kept in compliance with any requirements of the animal control services section of the Kern County environmental health services department.

(Ord. G-6412 § 5, 1997: Ord. G-6297 § 9, 1996)

Pygmy goats, with a height of less than twenty-four (24) inches, shall be considered to be a household domestic pet and are permitted in conjunction with the residential use of property. Except where otherwise permitted, there shall be no more than two (2) adult (over the age of four (4) months) pygmy goats kept on any legal lot.

(Ord. G-6967 § 6, 2003)

Notwithstanding the requirements of Kern County Ordinance Code Chapter 17.44, one (1) motor home or one (1) travel trailer may be authorized for temporary occupancy on any lot with a minimum lot size of twenty (20) acres and located in an A, A-l, E, NR, or RF district, provided that no dwellings or other buildings have been established on the lot and that the primary residence of the property owner is located thirty (30) or more miles from the lot and further provided that the recreational vehicle will be occupied exclusively by the property owners. A conditional use permit shall be required pursuant to the requirements of Chapter 19.104 to authorize the temporary occupancy of a recreational vehicle pursuant to this section.

(Ord. G-6331 § 2, 1996)

In conjunction with approval of any conditionally permitted use in any district which involves the stockpiling or land application of organic or inorganic waste or recyclable materials, as determined by the planning director, a surety bond or other approved financial assurance, may be required to guarantee site clean-up and remediation. The amount of the bond or other financial assurance shall be determined by the planning director and the form of the bond or other financial assurance shall be approved by county counsel.

(Ord. G-6412 § 6, 1997)

In addition to street identification requirements contained in the county's land division ordinance (Title 18), an applicant for any discretionary permit may be required to erect street identification signs when, in the opinion of the planning director, there is inadequate street identification to the site and the planning director further determines that the installation of the street identification signs is deemed necessary to safeguard the public health, safety, and welfare. If street identification sign installation will be required pursuant to this section, the street sign shall be designed, constructed, and installed in a manner consistent with the Kern County Development Standards Manual, or as otherwise authorized by the planning director, and shall be installed at on-site or off-site locations approved in advance by the planning director.

(Ord. G-6412 § 7, 1997)

Within the San Joaquin Valley portion of Kern County, section lines and midsection lines located on properties below one thousand (1,000) feet above mean sea level shall be reserved for arterial and collector highway purposes, respectively, unless otherwise specified by the circulation element of the Kern County General Plan, Western Rosedale Specific Plan, Metropolitan Bakersfield 2010 General Plan or other adopted plan. A minimum setback of forty-five (45) feet and fifty-five (55) feet shall be required for all permanent buildings and structures from midsection and section lines, respectively.

(Ord. G-6864 § 6, 2002)

Land division actions, including subdivision tracts, parcel maps, parcel map waivers and lot line adjustments shall comply with the requirements of Title 18, the Kern County development standards, the Uniform Code of Building Regulations adopted by Kern County and the requirements of this title.

(Ord. 6864 § 7, 2002)

A.

A small wind energy system, as defined in Section 19.04.775, is a single system designed to supplement other electricity sources or as an accessory use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption. No small wind energy system shall be installed until after a "small wind energy system permit" is obtained pursuant to Section 19.102.070 of this title, except as provided for in this section.

B.

The following development standards shall apply to all small wind energy systems, except as provided for in this section:

1.

The overall height of the tower and blade extension shall not exceed one hundred twenty (120) feet and is subject to Section 19.08.160.

2.

A minimum setback of sixty-five (65) feet shall apply from all property lines that abut a residential zoning district (E, R-1, R-2 and R-3). This setback may be reduced to thirty (30) feet, if the overall height of the tower and blade extension do not exceed eighty (80) feet and decibel levels for the system do not exceed forty-five (45) decibels (dBA) at any time, as measured from the exterior surface of any off-site residence existing at the time the system is installed. A minimum setback of thirty (30) feet shall apply from all property lines that abut any other zoning district.

Except as provided above, decibel levels for the system shall not exceed sixty (60) decibels (dBA) at any time, as measured from the exterior surface of any off-site residence existing at the time the system is installed.

4.

The system shall employ no lighting, except as may be required as a condition of approval.

5.

The system's turbine shall have been approved for use by the California Energy Commission.

6.

The tower and blades shall have a nonreflective surface.

7.

Additional conditions may be required pursuant to Section 19.102.070 of this title.

C.

Where the lot on which the small wind energy system will be installed contains a minimum area of one-half (½) acre and the overall height of the tower and blade extension does not exceed eighty (80) feet, a "small wind energy system permit" pursuant to Section 19.102.070 and adherence to the development standards specified in subsection (B) above shall not be required, provided that the installation complies with the following standards:

1.

The tower shall be located no closer than one (1) times the overall height of the tower and blade extension or thirty (30) feet, whichever is greater, from any property line and guy wire anchors, if used, shall not be located within ten (10) feet of any property line. Roof-mounted turbines shall not exceed a height of eight (8) feet above the tallest roof ridgeline.

2.

The tower shall be located no closer than fifty (50) feet from any existing off-site dwelling. This restriction does not apply to roof-mounted systems.

3.

Decibel levels for the system shall not exceed thirty-five (35) decibels (dBA) at any time, as measured from the exterior surface of any off-site residence existing at the time the system is installed.

4.

The system shall employ no lighting.

5.

The system's turbine shall have been approved for use by the California Energy Commission under its Emerging Renewables Program, or similar program, or has been certified by a national program recognized and approved by the commission.

6.

The tower and blades shall have a nonreflective surface.

(Ord. G-7505 § 2, 2007; Ord. G-7482 § 4, 2007: Ord. G-7189 § 10, 2005; Ord. G-6968 § 3, 2003)

(Ord. No. G-7821, §§ 18, 19, 1-27-09; Ord. No. G-8226, § 7, 11-8-11)

No more than three (3) dogs over the age of four (4) months shall be kept or housed as an accessory use on any property located within the E (¼), R-1, R-2, and R-3 residential zoning districts on any parcel less than ten thousand eight hundred ninety (10,890) square feet in size located within the Metropolitan Bakersfield General Plan area, except for kennels and animal shelters, as provided for by this title. Only licensed dogs in residence on the effective date of this section (March 2, 2003) in excess of the three (3) dogs otherwise permitted herein may remain on the same parcel for up to fifteen (15) years without constituting a violation of this section so long as they remain licensed.

(Ord. G-6952 § 4, 2003)

(Ord. No. G-7821, § 21, 1-27-09)

Prior to the enactment of a formal definition of "animal shelter" in 2002 (see Section 19.04.047), animal shelters and rescue centers were treated as "kennels" for permitting purposes. Any animal shelter use existing as of July 1, 2002, that is not or does not become a legal, nonconforming use on that date in accordance with the provisions of Chapter 19.108 of this title, shall have a grace period of up to one (1) year from that date to legalize its status under the zoning ordinance.

(Ord. G-6870 § 3, 2002)

Commercial auto restoration facilities which specialize in the restoration of classic or antique automobiles, including two-axled light trucks, are permitted uses in the C-2, M-1, M-2, and M-3 Districts subject to the following standards:

A.

All restoration jobs shall be under an active work order, including noncommercial restoration for the proprietor, family, or friends.

B.

On-site storage shall be screened from view from adjacent properties and all roads, access easements, and alleys and shall be limited to:

1.

Automobiles, including light trucks, under-going restoration.

2.

No more than one "parts" vehicle associated with each restoration job.

3.

New and used auto parts and equipment.

C.

All restoration jobs shall be completed within twelve (12) months unless the planning director approves a written request to exceed the twelve- (12-) month maximum for a particular restoration job.

D.

A restoration job customer may furnish a "parts" vehicle to the restoration business in conjunction with a work order for restoration work on a separate vehicle of the same model. At the conclusion of the restoration job, the remains of the "parts" vehicle shall be returned to the customer or, if authorized in writing by the customer, shall be sold as scrap within thirty (30) days following the completion of the related work order.

E.

No dismantler's permit is needed from the State Department of Motor Vehicles, except where a conditional use permit for a vehicle salvage yard has been approved as provided for in the M-2 and M-3 Districts.

F.

Except for a machine lathe and grinder, no on-site machining shall be conducted, except where "light machining" and "machine shops" are permitted in the applicable base zoning district. Except for those base zoning districts that authorize sandblasting and welding, sandblasting, soda blasting, and welding shall take place within a fully enclosed structure.

(Ord. G-7482 § 5, 2007)

Any use of private property involving street vendors or food peddlers, as defined in Title 5 of the Kern County Ordinance Code, who individually, or in combination, occupy all or a portion of said property for a period of time of eight (8) hours or more on any calendar day for more than fourteen (14) total days in any given calendar year, shall be considered to be a commercial use of the property and shall be permitted only in commercial and industrial districts, or on property developed with legally established commercial or

industrial uses, and shall be subject to the special development standards and plot plan approval requirements specified in Chapter 19.80 which are applicable to commercial uses.

(Ord. No. G-7830, § 2, 3-3-09)

Permanent MET tower installations are permitted in the A, C-2, CH, M-1, M-2, M-3, RF, NR zoning districts and any zoning district with which the WE combining district has been added. MET tower installations for a temporary period not exceeding three (3) years may be authorized by the planning director in all other zoning districts. MET towers shall be setback a minimum distance of one (1) times the overall height of the tower from all property lines, except when adjacent to property included within the WE combining district, in which case the required setback shall be ten (10) feet. MET tower installations shall be subject to the maximum permitted height of the applicable base zoning district and with Figure 19.08.160 of this title.

(Ord. No. G-7821, § 23, 1-27-09)

19.08.470 - Noncommercial liquified petroleum gas (LPG), liquified natural gas (LNG) and compressed natural gas (CNG).

Non-commercial LPG, LNG, and CNG storage tanks sites exceeding two thousand (2,000) gallons, when incidental and accessory to a permitted or conditionally permitted use in the A, M-2, M-3 or NR districts, may be permitted by the planning director, provided that the location of the tank(s) is at least one-half (½) mile from any residentially zoned property (E, R-1, R-2, or R-3 Districts) and the Kern County Fire Department has approved the installation. The planning director may require the processing of a conditional use permit, pursuant to Chapter 19.104 of this title, to allow noncommercial LPG, LNG, and CNG storage tanks in excess of two thousand (2,000) gallons combined total volume to be located within one-half (½) mile of any residentially zoned property.

(Ord. No. G-7821, § 24, 1-27-09)

A.

CRV recycling centers are permitted when accessory to an existing retail establishment that sells beverages. CRV recycling centers shall meet the requirements of and shall be certified by the state department of conservation. Unmanned CRV recycling centers shall consist of reverse vending machines and manned CRV recycling centers shall use "igloo-type" collection bins or up to two (2) cargo containers or roll-off bins which open from the end of the units, provided that the opening end of the containers or bins are concealed from public view and the units are painted. Except for unmanned CRV recycling centers consisting of reverse vending machines, the facility shall be staffed during all hours of operation. CRV recycling centers shall be kept free from litter and debris, and all recyclables shall be kept within authorized containers at all times. Prior to the establishment of a CRV recycling center, the operator shall submit the following to the planning department:

A site plan, which shall demonstrate that there will be no significant impacts to on-site parking or circulation;

2.

A letter or lease signed by the property owner authorizing the CRV recycling center and the use of the retail store's restroom facilities;

3.

If cargo containers or roll-off bins are to be used, the proposed method of concealing the opening end of the containers or bins consisting of a picture or elevation drawing and the proposed painting scheme;

4.

A copy of the state department of conservation recycling center certificate, or application for same;

5.

A facility maintenance plan, including provisions for wash-down of residual liquids.

B.

The planning director shall review and approve the proposed site plan, method of concealment and facility maintenance plan prior to providing land use approval for facility set-up and operations. CRV recycling centers not meeting the requirements of this section may be permitted under the conditional use permit provisions pursuant to Chapter 19.104 of this title.

(Ord. No. G-7821, § 25, 1-27-09)

Chapter 19.10 - ZONING DISTRICTS ESTABLISHED

19.10.010 - Establishment of base zoning districts.

A.

In order to classify, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height, bulk and construction of buildings, to regulate the area of yards and other open spaces around buildings, and to regulate intensity of land use and the density of population, the following base zoning districts are established:

1.

Agricultural districts.

— A Exclusive Agriculture district;

— A-1 Limited Agriculture district.

2.

Residential districts.

— E Estate district;

— R-1 Low-density Residential district;

• R-2 Medium-density Residential district;

• R-3 High-density Residential district;

• MP Mobilehome Park district.

3.

Commercial districts.

• CO Commercial Office district;

• C-1 Neighborhood Commercial district;

• C-2 General Commercial district;

• CH Highway Commercial district.

Industrial districts.

• M-1 Light Industrial district;

• M-2 Medium Industrial district;

• M-3 Heavy Industrial district.

Special purpose districts.

• RF Recreation-Forestry district;

• OS Open Space district;

• NR Natural Resource district;

• DI Drilling Island district;

• FPP Floodplain Primary district;

• SP Special Planning district;

• PL Platted Lands district.

B.

Every lot or parcel of land, or portion thereof, in unincorporated Kern County shall be classified in only one (1) of the base zoning districts established by this section.

(Ord. G-6077 § 28, 1994; Ord. G-4832 § 22, 1988; prior code § 7010.01)

A.

In order to classify, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height, bulk and construction of buildings, to regulate the area of yards and other open spaces around buildings, and to regulate intensity of land use and the density of population, the following combining zoning districts are established:

1.

Lot Size combining district;

2.

PD Precise Development combining district;

3.

CL Cluster combining district;

4.

RS Residential Suburban combining district;

5.

Rural Living combining district;

6.

MH Mobilehome combining district;

7.

WE Wind Energy combining district;

8.

PE Petroleum Extraction combining district;

9.

Geologic Hazard combining district;

FP Floodplain combining district;

11.

FPS Floodplain Secondary combining district;

12.

H Airport Approach Height combining district.

B.

In addition to being classified in a base zoning district, a lot or parcel of land, or portion thereof, may be classified in one (1) or more combining zoning districts established by this section. When used on official zone maps, combining districts shall be shown in parentheses.

(Ord. G-6077 § 30, 1994; prior code § 7010.02)

The Automobile Parking (P) and the Mobilehome Subdivision (MS) zone classifications in effect on the date of adoption of the ordinance from which this title derives have been determined by the board of supervisors to be no longer necessary to effect the purposes of the Kern County zoning ordinance. The P district and the Mobilehome Subdivision (MS) district shall be interim zone districts, and no additional areas shall be so zoned. All development within the P district and the Mobilehome Subdivision (MS) district shall comply with the requirements and standards set out in Chapter 19.78 of this title.

(Ord. G-6191 § 12, 1995: prior code § 7010.03)

The boundaries of the zoning districts established by this title are not included in this title but are shown on the official zoning maps maintained by the Kern County planning department. The official zoning maps and all notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth on such maps were all fully described herein.

(Ord. G-6077 § 32, 1994: prior code § 7010.04)

Special planning districts adopted in accordance with the provisions of Chapter 19.52 of this title shall be incorporated as a part of this title. Any adopted special planning district shall define the zoning district boundaries and the terms and conditions of development within those boundaries.

(Prior code § 7010.05)

Chapter 19.12 - EXCLUSIVE AGRICULTURE (A) DISTRICT

The purpose of the Exclusive Agriculture (A) district is to designate areas suitable for agricultural uses and to prevent the encroachment of incompatible uses onto agricultural lands and the premature conversion of such lands to nonagricultural uses. Uses in the A district are limited primarily to agricultural uses and other activities compatible with agricultural uses.

(Prior code § 7015.01)

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the A district:

A.

Agricultural Uses.

1.

Growing and harvesting crops:

• Berry crops

• Bush crops

• Christmas trees

• Field crops, dryland

• Field crops, irrigated

• Flowers and horticultural specialties, wholesale only

• Greenhouse, wholesale only

• Herbs

• Hydroponically grown plants

• Nursery, plant, wholesale only

• Nut and fruit trees

• Timber

• Vegetables

• Vine crops,

Breeding and raising animals:

— Alpacas

— Beekeeping

— Beef cattle or livestock grazing

— Birds, including show or racing pigeons and other small fowl

— Commercial poultry farms, in which poultry are kept in confined quarters for the purpose of hatching, breeding, processing, butchering, and egg or other poultry by-product production for retail or wholesale purposes, pursuant to subsection (E) of Section 19.12.130 (see also subsection (A) of Section 19.12.030)*

— Dairy stock grazing

— Fish and frogs

— Hogs, excluding a hog farm or ranch

— Horses, donkeys, llamas, or mules

— Poultry, including chickens, ostriches, turkeys, or other fowl, excluding commercial poultry farms or ranches in which poultry are kept in confined facilities, as determined by the planning director

— Rabbits or fur-bearing animals

— Sheep or goats

— Vermiculture, pursuant to subsection (F) of Section 19.12.130,

Agricultural industries:

— Agricultural services, when incidental and secondary to the primary use of the premises for agriculture

— Agricultural services laboratory, with a maximum of five (5) employees and one thousand (1,000) square feet of building area

— Animal products processing, including meat packing, canning, and shipping, when the livestock is produced or grown by the owner of the processing facility on the premises or on land leased, rented or owned by the owner of the processing facility and within a reasonable distance of the facility

— Cotton gin*

— Fruit, vegetable and plant products processing, including cold storage, packing, preserving, canning and shipping*

— Grain elevator or storage

— Honey extraction

— Noncommercial livestock feed storage, wholly enclosed

• Winery, rough, when located one (1) mile or more from any residential or commercial zoning;

B.

Residential Uses.

— Accessory dwelling unit, pursuant to Chapter 19.90

— Farm labor housing for on-site employees, including the installation and/or use of recreational vehicles for a period not exceeding one hundred twenty (120) days in any calendar year

— Farm labor housing, contract labor, twelve (12) or fewer employees

— Manufactured home or mobilehome, occupied by the owner or full-time on-site employee

• Residential accessory structures

• Residential facility, serving six (6) or fewer persons

• Single-family dwelling, occupied by the owner or full-time on-site employee

C.

Commercial Uses.

General retail sales:

— Christmas trees, temporary

— Fruit stand, temporary, pursuant to subsection (A) of Section 19.12.130 of this chapter;

Services:

— Animal husbandry instruction and classes

• Horse boarding and training;

D.

Utility and Communications Facilities.

— Transmission lines and supporting towers, poles and underground facilities for gas, water, electricity, telephone or telegraph service owned and operated by a public utility company or other company under the jurisdiction of the California Public Utilities Commission pursuant to Section 19.08.090 of this title

— Utility substation;

E.

Resource Extraction and Energy Development Uses.

— Electrical power generating plant in conjunction with a biogas recovery system associated with a confined animal facility, subject to the criteria specified in Section 19.12.130(G)

— Explosives storage, temporary

— Mineral exploration

— Oil or gas exploration and production pursuant to Chapter 19.98 of this title

— Solar energy electrical generators which are accessory to a permitted or conditionally permitted use and where the power generated does not exceed the total on-site power demand

— Small wind energy system, pursuant to Section 19.08.415, except when all criteria specified below for wind-driven electrical generators will be satisfied, in which case a small wind energy system permit pursuant to Section 19.08.415 shall not be required

— Wind-driven electrical generators when accessory to a permitted or conditionally permitted use where:

1. The system employed is designed to supplement other electricity sources, or as an accessory use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption.

2. The wind generators are located a minimum distance of one times (1×) the overall machine height from any property line.

3. The parcel on which the wind generators will be erected does not abut a residential zoning district.

4. The wind generator(s) will be located a minimum of one and one-half (1½) times the overall height to any off-site dwelling.

5. The proposed height of the wind turbines does not exceed the maximum heights specified in Figure 19.08.160.

F.

Miscellaneous Uses.

— Accessory buildings, including cargo containers, if incidental and accessory to a permitted use

— Commercial coach, when incidental and accessory to a permitted use

— Corporate or administrative offices, when the combined square footage does not exceed ten thousand (10,000) square feet, in conjunction with, and accessory to, a use permitted or conditionally permitted in this chapter

— Day care home, large family, pursuant to Chapter 19.96

— Day care home, small family

— Drainage sump, if proposed and approved as part of a tentative subdivision map or tentative parcel map, or if accessory to a permitted use

— Flood control facilities

— Garage or yard sales pursuant to subsection (C) of Section 19.12.130

— Home occupation pursuant to Chapter 19.94

— Hunting or fishing club, not involving structures

— Liquid fuel storage tanks, above ground, for dispensing purposes

— Managed wetlands

— Water storage or groundwater recharge facilities

— Water system, small or large

— Wildlife or nature preserve.

• These uses shall be subject to development standards and a plot plan review pursuant to Sections 19.80.030 and 19.80.040 of this title.

(Ord. G-7482 §§ 6—8, 2007; Ord. G-7189 §§ 12, 13, 2005; Ord. G-7012 § 5, 2003; Ord. G-6915 § 2, 2002; Ord. G-6864 § 8, 2002; Ord. G-6641 § 5, 1999; Ord. G-6551 § 16, 1998; Ord. G-6412 § 8, 1997; Ord. G- 6190 § 2, 1995; Ord. G-6077 § 33, 1994: Ord. G-5966 §§ 4, 5 1993; Ord. G-5861 § 3, 1992; Ord. G-5803 § 7, 1992; Ord. G-5684 §§ 17—19, 1991; Ord. G-5346 § 14, 1990: Ord. G-5030 § 2, 1989; Ord. G-5029 § 2, 1989; Ord. G-4832 §§ 23—25, 1988; Prior code § 7015.02)

(Ord. No. G-7821, § 26, 1-27-09; Ord. No. G-8226, § 8, 11-8-11; Ord. No. G-8725, § 8, 7-11-17; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 3, 3-8-21)

19.12.030 - Uses permitted with a conditional use permit.

The following uses and all others determined to be similar to those uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the A district subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Agricultural Uses.

Breeding and raising of animals:

— Beef cattle or livestock feed lot or stock auction or sales yard

— Commercial poultry farms, in which poultry are kept in confined quarters for the purpose of hatching, breeding, processing, butchering and egg or other poultry by-product production for retail or wholesale

purposes, except as permitted by subsection (A) of Section 19.12.020

• Hogs, including hog farms and ranches

• Vermiculture, except as permitted by subsection (A) of Section 19.12.020

2.

Agricultural industries:

• Agricultural by-product processing

— Alcohol distillery

— Agricultural chemical storage and repackaging

— Agricultural pesticide and herbicide, blending and distribution

— Agricultural services laboratory

— Agricultural trucking facilities

— Animal products processing, including slaughter

— Brewery

— Biomass energy conversion

— Commercial livestock feed storage

— Contract harvesting

• Creamery

— Dairy, except within the officially established sphere of influence of any city while that city has an ordinance in effect barring the expansion of existing dairies or the approval of new dairies within their city limits

— Dead animal and fat rendering

— Ethanol plant, not involving the outside storage of feedstock

— Farm machinery and equipment repair

— Fertilizer manufacture and storage for agricultural use only

— Flour mill

— Glucose processing

— Oil extraction, nonmineral

— Saw or planing mill

• Soil amendment, not involving liquid chemicals or organic materials, including blending, and distribution

• Winery

• Wool pulling and scouring;

B.

Residential Uses.

— Additional single-family dwellings, not to exceed a density of one (1) dwelling unit per twenty (20) acres, except for properties subject to a Williamson Act Land Use Contract requiring a minimum lot size of eighty (80) acres where the maximum permitted density shall be one (1) dwelling unit per eighty (80) acres

— Community care facility

— Farm labor housing for contract labor;

C.

Commercial Uses.

General retail sales:

— Fruit stands, permanent,

Services:

• Agricultural supply services

• Equestrian services

• Farm labor contractor

• Veterinary, large animal, which may also include small animal facilities;

D.

Recreation, Entertainment and Tourist Facilities.

• Bed and breakfast inn, pursuant to Subsection 19.12.130(D) of this chapter

• Equestrian establishment

• Golf course and golf driving ranges

• Guest ranch, when accessory to a commercial ranching operation

• Hunting dog field trial training and competitions

• Lakes, private, for recreational skiing or boating

• Park or playground

• Racetrack or test track, automobile, bicycle, horse or motorcycle

• Recreational vehicle park

• Retreat, church or nonprofit organization owned and operated

• Shooting range or gun club, simulated war games, or similar activities, outdoor only

• Thermal pools and hot springs

• Trade fairs, exhibitions and festivals, excluding flea markets and swap meets

• Whitewater rafting launch or landing site;

E.

Transportation Facilities.

— Airport, private

• Airport, public use

— Heliport;

F.

Utility and Communications Facilities.

— Radio, television or commercial communications transmitter, receiver or translator, microwave towers;

G.

Resource Extraction and Energy Development Uses.

— Backfilling of surface mines with inert, nonorganic fill material, limited to construction and demolition wastes, where a solid waste facility permit is not required

— Cogeneration facility or steam generators, primarily intended for production of oil or gas

— Concrete or asphalt batch plant

• Dam, small hydro

— Dam, large hydro

• Electrical power generating plant

— Explosives storage, permanent

— Mining and mineral extraction pursuant to Chapter 19.100 of this title

— Rock, gravel, sand, concrete, aggregate, or soils crushing, processing, or distribution

— Solar energy electrical generators when not accessory to a permitted or conditionally permitted use

— Wind-driven electrical generators when accessory to a permitted or conditionally permitted use which do not comply with the installation standards specified in Section 19.12.020(E);

H.

Waste Facilities.

— Agricultural green waste composting, except when incidental and accessory to a permitted use and which does not involve the importation of feedstock or bulking agents, except those produced as a normal and incidental part of the agricultural operation and where there is no commercial export of the finished material

— Animal waste composting, except when incidental and accessory to a permitted use which generates animal waste

— Animal waste product processing

— Green-waste collection, recovery, and composting

— Hazardous waste disposal facility

— Nonhazardous oil production and/or oily waste disposal facility

• Nonhazardous oilfield waste treatment or recycling

• Sanitary landfill, private landfill or monofill

• Septage disposal site

• Sewage sludge composting

• Sewage treatment plant

— Soil reclamation or remediation for soils contaminated with nonhazardous materials

• Transfer station, large volume

• Transfer station, small volume

• Waste-to-energy facility;

• I.

Institutional Uses.

• Cemetery, mausoleum, columbarium or mortuary

• Charitable or public service organization

— Church

• Community or regional correctional and similar involuntary detention facilities

• Crematory, when in conjunction with a cemetery, mausoleum, columbarium or mortuary

• Fire or police station

• Government office or building

• Public agency or public utility buildings and facilities

• Rehabilitation facilities

• Water treatment plant

• Zoo;

J.

Educational Institutions and Schools.

1.

General:

• Preschool

• Elementary school

• Junior high school

• Senior high school

• College or university,

2.

Specialized:

• Agricultural schools and instruction

• Police/security training facility;

K.

Miscellaneous Uses.

— Animal shelter

— Construction staging and equipment storage, temporary

— Corporate or administrative offices in excess of ten thousand (10,000) square feet in conjunction with, and accessory to, a use permitted or conditionally permitted in this chapter

— Drainage sump

— Hunting or fishing club

• Kennel or dog training facilities

— Liquefied petroleum gas, bulk storage or distribution, in excess of two thousand (2,000) gallons capacity

• Railroad caboose and similar accessory structures

— Wild animal keeping.

(Ord. G-7482 §§ 10—12, 2007; Ord. G-7189 §§ 15, 16, 2005; Ord. G-7012 § 7, 2003; Ord. G-6915 § 4, 2002; Ord. G-6870 § 4, 2002; Ord G-6864 §§ 10—14; Ord. G-6641 § 7, 1999; Ord. G-6551 §§ 18—20, 1998; Ord. G-6412 §§ 10—12, 1997; Ord. G-6305 § 2, 1996; Ord. G-6297 §§ 10, 11, 1996; Ord. G-6191 § 13, 1995; Ord. G-6190 § 4, 1995; Ord. G-6077 §§ 34—37, 1994; Ord. G-5966 §§ 7—12, 1993; Ord. G-5861 §§ 5, 6, 1992; Ord. G-5803 §§ 9—12, 1992; Ord. G-5684 §§ 20—24, 1991; Ord. G-5346 §§ 16—18, 1990: Ord. G-5030 § 3, 1989; Ord. G-5029 § 3, 1989; Ord. G-4993 § 7, 1989; Ord. G-4832 §§ 26—29, 1988; Prior code § 7015.03)

(Ord. No. G-7821, § 28, 1-27-09; Ord. No. G-8226, § 9, 11-8-11; Ord. No. G-8656, § 2, 7-26-16; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 4, 3-8-21)

All other uses not permitted by Sections 19.12.020 and 19.12.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited, including final map subdivisions.

(Ord. G-7189 § 18, 2005: prior code § 7015.04)

No lot created within the A district shall contain less than twenty (20) gross acres, excepting in the case of the conveyance to or from a governmental agency, public entity, public utility, community water company or mutual water company for public purposes, public utility purposes, or for rights-of-way or well sites. In the event the lot is under Williamson Act contract and designated 8.2, 8.3 or 8.5 by the county general plan or equivalent designation of any other adopted general or specific plan, the minimum area shall be eighty (80) acres, excepting in the case of the conveyance to or from a governmental agency, public entity, public utility, community water company or mutual water company for public purposes, public utility purposes, or for rights-of-way or well sites. There shall be no minimum lot size for agricultural industry uses approved in conjunction with a conditional use permit or land division actions where the proposed lot size is considered as part of the discretionary approval.

(Ord. G-6297 § 13, 1996: Ord. G-6077 § 39, 1994: Ord. G-5966 § 14, 1993; Prior code § 7015.05)

19.12.060 - Minimum lot area per dwelling unit.

There shall be no more than one (1) principal single-family dwelling per legal lot in the A district, except pursuant to Section 19.12.020 of this chapter.

(Prior code § 7015.06)

19.12.070 - Yards and setbacks.

The following yard and setback requirements apply in the A district:

A.

Front Yard. The front-yard minimum setback for all buildings shall be as follows:

1.

Fifty-five (55) feet from the legal centerline of any existing or proposed public or private local street or access easements;

2.

Seventy (70) feet from the legal centerline of any existing or proposed secondary highway;

3.

Eighty (80) feet from the legal centerline of any existing or proposed major highway.

In no case shall the front-yard minimum setback be less than twenty-five (25) feet from the right-of-way established by any official or specific plan line, street or access easement.

B.

Side Yard. There shall be a side yard on each side of a building of not less than five (5) feet, except that on the street side of corner lots, buildings shall be set back a minimum of ten (10) feet from the right-of-way of any local street, existing or proposed secondary or major highway, or the right-of-way established by any official or specific plan line.

C.

Rear Yard. There shall be a rear yard of not less than five (5) feet except that in the case of through lots, the designated rear yard shall be in accordance with the front-yard setback requirements.

(Ord. G-4832 § 30, 1988; Prior code § 7015.07)

The following height limits apply in the A district:

A.

Residential buildings shall not exceed three (3) stories or thirty-five (35) feet in height.

B.

Radio, television, communication, and microwave towers shall not exceed one hundred fifty (150) feet in height.

C.

There is no height limit on other nonresidential structures, except in areas of protected military airspace as specified in Section 19.08.160.

(Ord. G-7189 § 19, 2005; prior code § 7015.08)

(Ord. No. G-8226, § 10, 11-8-11)

19.12.090 - Minimum distance between structures.

The following requirements apply to the minimum distance between structures in the A district:

A.

There shall be at least ten (10) feet between any residential buildings.

B.

There shall be at least six (6) feet between a residential building and any nonresidential structure, except that animals, pens, coops, stables, barns, corrals, other structures for housing livestock and buildings for processing, packing, or storing agricultural produce shall be at least thirty (30) feet away from any residential building. There shall be a minimum setback of twenty (20) feet between an on-site residential building and an aviary.

(Ord. G-5966 § 15, 1993; Ord. G-5346 § 20, 1990; Ord. G-4832 § 31, 1988; Prior code § 7015.09)

19.12.100 - Parking.

Off-street parking in the A district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7015.10)

19.12.110 - Signs.

The following types of signs are permitted in the A district in accordance with the requirements of Chapter 19.84 of this title:

A.

Temporary real estate signs advertising the property for sale or rent, not to exceed sixteen (16) square feet each, excluding the area of any vertical and/or horizontal support members;

B.

Temporary construction signs;

C.

Temporary political, religious, or civic campaign signs;

D.

Agricultural signs;

E.

Agricultural industry signs, when approved in conjunction with a conditional use permit;

F.

Institutional identification signs, when approved in conjunction with a conditional use permit;

G.

Off-site directional signs for agricultural product direct marketing facilities pursuant to subsection (C) of Section 19.12.130 of this chapter;

H.

Oilfield identification signs.

(Ord. G-5861 § 8, 1992; Ord. G-5684 § 25, 1991: Prior code § 7015.11)

19.12.120 - Landscaping.

No landscaping is required in the A district, except where the proposed use is subject to a plot plan review pursuant to Chapter 19.80.

(Ord. G-5966 § 16, 1993: Prior code § 7015.12)

19.12.130 - Special review procedures and development standards.

The following special review procedures and development standards apply in the A district:

A.

Temporary fruit stands for the sale of agricultural, horticultural or farming products permitted pursuant to Section 19.12.020 of this chapter shall be approved by the planning director in accordance with the procedures set out in Section 19.102.080 through 19.102.110 of this title and shall comply with the following standards and requirements:

1.

The floor area of the fruit stand shall not exceed four hundred (400) square feet.

2.

The fruit stand shall not be located closer than fifty-five (55) feet from the centerline of any public road, street or highway right-of-way.

3.

The stand shall be erected in such a manner that it can be readily removed by means of skids or other device.

4.

The owner shall remove the stand at his/her own expense when the stand is not in use for a period of thirty (30) days.

5.

Customer parking areas shall be treated with a dust binder in a manner to continuously prevent fugitive dust.

6.

The planning director may impose other reasonable conditions to ensure that this temporary use will not be detrimental to the public health, safety and welfare.

B.

Off-site directional signs for agricultural product direct marketing facilities are subject to the following standards:

1.

The direct marketing facility shall be established and operated in accordance with the provisions of this title and shall be primarily limited to the sale of unprocessed agricultural commodities grown on the same ranch or farm that provides such sale.

2.

The maximum sign area for each sign shall not exceed one hundred fifty (150) square feet.

3.

The number of signs shall be limited to a maximum of nine (9).

4.

The minimum spacing between signs shall be six hundred sixty (660) feet.

5.

The signs are for directional purposes only, and the text shall be limited to the producer's name or his brand name, the products available, and directions to the location of the point of sale.

6.

Signs may be illuminated only during the actual hours that the facility is open for public sale of products.

7.

Sign height shall not exceed twelve (12) feet.

8.

Signs are permitted for a temporary, cumulative period of seven (7) months within any calendar year.

9.

Any sign permitted in accordance with this section shall not be located more than five (5) miles from the direct marketing facility for which the sign provides directions, unless the facility is located more than five (5) miles from a designated county major highway or state or federal highway. In such cases, a single sign may be located at the nearest designated county major highway or state or federal highway, regardless of the distance from the facility.

10.

All signs shall comply with the provisions and regulations of the California Department of Transportation, Outdoor Advertising Branch, when located adjacent to a state or federal highway.

11.

Prior to installation of any sign, a plan showing the location and the spacing of each sign shall be submitted to the planning director for approval. A copy of such plan shall be retained by the planning department for file purposes.

C.

Garage or yard sales are permitted without special permit provided they meet the following standards:

1.

Sales last no longer than three (3) days.

2.

Sales are held no more than twice yearly.

3.

Sales are conducted on the owner's or tenant's property. Multiple-family sales are permitted if they are held on the property of one (1) of the participants.

4.

No goods purchased for resale may be offered for sale.

5.

No consignment goods may be offered for sale.

6.

Directional signs may be placed on the street right-of-way.

7.

All directional and advertising signs shall be freestanding and removed after completion of the sale.

8.

All directional and advertising signs placed on private property shall have the owner's permission.

9.

No directional or advertising signs may be larger than two (2) feet by three (3) feet.

D.

An application for a bed and breakfast inn shall not be considered to be complete until the following information is either confirmed or submitted:

1.

The bed and breakfast facility will result from the conversion of an existing dwelling. Expansions of an existing dwelling to accommodate a bed and breakfast inn shall not exceed twenty-five percent (25%) of the gross floor area of the existing structure.

2.

If the site is restricted by a Williamson Act Land Use Contract, the bed and breakfast facility shall be clearly accessory and subordinate to a primary commercial agricultural use of the property.

3.

The applicant shall submit a statement regarding the project's effect on surrounding agricultural properties and uses, including a clearance from the agricultural commissioner, which shall indicate the degree to which the proposal will adversely impact the ability of operators of adjacent farming operators to make aerial applications of herbicides and/or pesticides.

E.

Commercial poultry farms are permitted if all of the following criteria are satisfied:

1.

No portion of the proposed site lies within two (2) miles of the city of Bakersfield or within one (1) mile of any other incorporated city;

2.

The general plan designation for the entire site is 8.1 or 8.3 and no portion of the site is designated 2.3 (shallow groundwater) or is located in a floodway;

3.

There is no property zoned or designated by the general plan or applicable specific plan for residential development (E or R-1, R-2 and R-3) within three (3) miles from the exterior boundary of the site;

4.

There is no property designated 4.2 (rural community) within one (1) mile from the exterior boundary of the site and no property designated 4.3 (specific plan required) within three (3) miles from the exterior boundary of the site;

5.

There are no areas zoned or designated by the general plan or applicable specific plan for commercial uses and no retail commercial uses, including hotels and motels, within a one (1) mile radius from the exterior project boundary;

6.

There are no residential facilities, community care facilities, hospitals, recreational vehicle parks, or public or private schools within a two (2) mile radius from the exterior project boundary;

7.

The facility operator obtains all local, state and federal approvals, licenses and permits prior to the commencement of operations.

F.

Vermiculture operations are permitted if all of the following criteria are satisfied:

1.

The purpose of the operation is to enhance on-site soil characteristics through worm castings;

2.

The site is used for commercial irrigated crop production;

3.

All worm feedstock is limited completely to pre-processed greenwaste and similar organic materials (excluding sludge);

4.

Feedstock waste streams and volumes shall be approved, in writing, by the Kern County Environmental Health Services Department;

5.

There is no on-site composting;

6.

There is no stockpiling of feedstock greater than seventy-two (72) hours;

7.

There is no commercial sales of feedstock or feedstock residual;

8.

The site is located a minimum of one (1) mile from any residentially or commercially zoned property as measured from the exterior project boundaries;

9.

The operation is in full compliance with all state and federal requirements.

G.

Electrical power generating plant in conjunction with a biogas recovery system associated with a confined animal facility, subject to the following:

1.

The rated capacity of the power plant shall not exceed ten (10) megawatts.

2.

There are no off-site dwellings located within five hundred (500) feet of the proposed power plant site.

3.

The power plant is predominately powered by methane gas produced through a biogas recovery system or systems using an anaerobic digester system (e.g. covered lagoon, complete mix digester, plug flow digester, or sequencing batch reactor).

The generating plant will be constructed on, or immediately contiguous to, a confined animal facility and the biogas used to power the plant will be produced exclusively from biogas recovered from that confined animal facility and other proximate confined animal facilities.

5.

Storage lagoons located on all confined animal facilities contributing sources of biogas used for the storage of effluent prior to the processing of that material through the anaerobic digester shall be covered. Open air lagoons are permitted only for the storage of effluent that has been processed through an anaerobic digester. Each contributing confined animal facility shall recover biogas on the site of the contributing facility with its own biogas recovery system using an anaerobic digester system in a manner consistent with the requirements of this subsection.

6.

The internal combustion engines powering the generating plant are gas-driven.

7.

Hydrogen sulfide produced from the biogas recovery process is either treated or burned efficiently enough so as to not be a detectable source of nuisance odor, as determined by the applicable air pollution control district.

H.

Development in the A district shall also comply with the interpretations and provisions of Chapter 19.08 of this title.

(Ord. G-6915 § 6, 2002; Ord. G-6864 § 16, 2002; Ord. G-6551 § 22, 1998; Ord. G-6412 §§ 14, 15, 1997; Ord. G-6297 § 14, 1996: Ord. G-6191 § 15, 1995; Ord. G-6077 §§ 40, 41, 1994; Ord. G-5803 § 14, 1992: Prior code § 7015.13)

(Ord. No. G-8226, §§ 12, 13, 11-8-11)

Chapter 19.14 - LIMITED AGRICULTURE (A-1) DISTRICT

The purpose of the Limited Agriculture (A-1) district is to designate areas suitable for a combination of estate-type residential development, agricultural uses and other compatible uses. Final map residential subdivisions are not allowed in the A-1 district.

(Prior code § 7020.01)

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the A-1 district:

A.

Agricultural Uses.

1.

Growing and harvesting crops:

• Berry crops

• Bush crops

• Christmas trees

• Field crops, dryland

• Field crops, irrigated

• Flowers and horticultural specialties, wholesale only

• Greenhouse, wholesale only

• Hydroponically grown plants

• Nursery, plant, wholesale only

• Nut and fruit trees

• Timber

• Vegetables

• Vine crops,

Breeding and raising animals:

• Bee keeping

• Beef cattle or livestock grazing pursuant to Section 19.14.130 of this chapter

• Birds, including show or racing pigeons and other small fowl

• Dairy stock pursuant to Section 19.14.130 of this chapter

• Hogs pursuant to Section 19.14.130 of this chapter

• Horses, donkeys, llamas, and mules pursuant to Section 19.14.130 of this chapter

• Poultry, for the domestic use of the resident/occupant only (not including poultry ranches)

• Rabbits and fur-bearing animals

• Sheep and goats pursuant to Section 19.14.130 of this chapter

— Vermiculture, pursuant to subsection (H) of Section 19.14.130;

B.

Residential Uses.

1.

Accessory dwelling unit, pursuant to Chapter 19.90

2.

Manufactured home, mobilehome, or recreational vehicle, temporary, during construction of a single-family home pursuant to Section 19.14.130

3.

Manufactured home, pursuant to Section 19.14.130.G of this chapter

4.

Residential accessory structures

5.

Residential facility, serving six (6) or fewer persons

6.

Single-family dwelling, with a width greater than sixteen (16) feet

C.

Commercial Uses.

General retail sales:

— Christmas trees, temporary

— Fruit stand, temporary, pursuant to Section 19.14.130 of this chapter;

D.

Utility and Communication Facilities.

— Transmission lines and supporting towers, poles, and underground facilities for gas, water, electricity, telephone or telegraph service owned and operated by a public utility company or other company under the jurisdiction of the California Public Utilities Commission pursuant to Section 19.08.090 of this title;

E.

Resource Extraction and Energy Development Uses.

— Mineral exploration

— Oil or gas exploration and production pursuant to Chapter 19.98 of this title, including the temporary installation of commercial coaches as accessory to this activity, not to exceed a two- (2-) year period

— Solar energy electrical generator which are accessory to a permitted or conditionally permitted use and where the power generated does not exceed the total on-site power demand

— Small wind energy system, pursuant to Section 19.08.415;

F.

Institutional Uses.

— Public agency or public utility buildings and facilities;

G.

Miscellaneous Uses.

— Accessory buildings, including up to two (2) cargo containers, if incidental and accessory to a permitted use. Three (3) or more cargo containers shall require the processing of a conditional use permit as set forth in Chapter 19.104 of this title

— Commercial coach, when incidental and accessory to a permitted use, not exceeding six (6) months

— Day care home, large family, pursuant to Chapter 19.96 of this title

— Day care home, small family

— Drainage sump, if proposed and approved as part of a tentative subdivision map or tentative parcel map, or if accessory to a permitted use

• Flood control facilities

— Garage or yard sales pursuant to subsection (F) of Section 19.14.130 of this chapter

— Home occupation pursuant to Chapter 19.94 of this title

— Liquid fuel storage tanks, above ground, for dispensing purposes

— Water storage or groundwater recharge facilities

• Water system, small or large

• Wildlife or nature preserve.

(Ord. G-7482 §§ 14, 15, 2007; Ord. G-7012 § 9, 2003; Ord. G-6968 § 6, 2003; Ord. G-6412 § 17, 1997; Ord. G-6077 § 43, 1994: Ord. G-5966 §§17, 18, 19, 1993; Ord. G-5684 §§ 26—28, 1991; Ord. G-5346 §§ 22, 23,

1990; Ord. G-5030 § 4, 1989; Ord. G-5029 § 4, 1989; Ord. G-4916 § 2, 1989; Ord. G-4832 §§ 32, 33, 1988; prior code § 7020.02)

(Ord. No. G-7821, § 30, 1-27-09; Ord. No. G-8725, § 9, 7-11-17; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 5, 3-8-21)

19.14.030 - Uses permitted with a conditional use permit.

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the A-1 district subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Agricultural Uses.

Breeding and raising of animals:

— Fish and frogs

— Poultry, including hatching, breeding, butchering, processing, or shipping of chickens, ostriches, turkeys, or other fowl or poultry, including eggs

— Vermiculture, except as permitted by subsection (A) of Section 19.14.020,

Agricultural industries:

— Agricultural trucking facilities

— Cold storage facility for agricultural products

— Contract harvesting

— Fruit, vegetable, and plant product processing;

B.

Residential Uses.

— Additional single-family dwellings, not to exceed a density of one (1) dwelling unit per two and one-half (2½) acres (net) and not to exceed the maximum density permitted by the applicable general or specific plan. A maximum of two (2) mobilehomes may be permitted on any one (1) lot, and one (1) of the mobilehomes shall be owner occupied

— Community care facility

— Farm labor housing for on-site farm employees

— Manufactured home or mobilehome, pursuant to subsection 19.14.130(G)(6) of this chapter

— Single-family dwelling, with a width of sixteen (16) feet or less;

C.

Recreation, Entertainment and Tourist Facilities.

— Camps and campgrounds

— Circus or carnival, temporary

— Country club

— Equestrian establishment

— Fishing or fly casting pond

— Golf course

— Golf driving range

— Lakes, private, for recreational skiing or boating

— Park or playground

— Racetrack or test track, automobile, bicycle, horse or motorcycle

— Recreational vehicle park

— Simulated war games or similar activities

— Trade fairs and exhibitions, temporary (fourteen (14) day maximum), excluding flea markets and swap meet;

D.

Commercial Uses.

General Retail Sales:

— Firewood

— Fruit stand, permanent

— Nursery, plant - retail;

Services:

• Agricultural supply services

• Equestrian services

— Landscape contractor

— Veterinary;

E.

Transportation Facilities.

— Airport, private

— Airport, public

— Heliport;

F.

Utility and Communications Facilities.

— Radio, television, microwave or commercial communications transmitter, receiver or translator except as specified in subsection (D) of Section 19.14.020 of this chapter;

G.

Resource Extraction and Energy Development Uses.

— Cogeneration facility or steam generators, primarily intended for production of oil or gas

• Concrete or asphalt batch plant, temporary

• Electrical power generating plant, excluding nuclear or coal powered

— Mining and mineral extraction pursuant to Chapter 19.100 of this title

— Solar energy electrical generators when not accessory to a permitted or conditionally permitted use

— Wind-driven electrical generators, commercial;

H.

Waste Facilities.

— Community septic disposal system

• Septage disposal site

• Sewage treatment plant

• Transfer station, small volume;

I.

Institutional Uses.

— Auditorium, public

• Cemetery, mausoleum, columbarium, or mortuary

• Charitable or public service organization

• Church

• Club or lodge

• Community or senior citizens center

• Community or regional correctional and similar involuntary detention facilities

• Convalescent hospital

• Crematory in conjunction with a cemetery, mausoleum, columbarium, or mortuary

• Hospital

• Museum

• Rehabilitation facilities

• Sanitarium

• Water treatment plant

• Zoo;

J.

Educational Institutions and Schools.

1.

General:

• Preschool

• Elementary school

• Junior high school

• Senior high school

• College or university;

K.

Miscellaneous Uses.

— Animal shelter

— Commercial coach, when incidental and accessory to a permitted use

— Day care center, with or without extended overnight services

— Drainage sump

— Kennel or dog training facilities

— Railroad caboose and similar accessory structures

— Revival, temporary

— Skateboard ramps, noncommercial

— Wild animal keeping.

(Ord. G-7482 §§ 17, 18, 2007; Ord. 7012 § 11—12, 2003; Ord. 6870 § 6, 2002; Ord. G-6551 §§ 24, 25, 1998; Ord. G-6412 § 19, 1997; Ord. G-6305 § 4, 1996; Ord. G-6297 §§ 16, 17 1996: Ord. G-6191 § 17, 1995; Ord. G-6077 §§ 44—46, 1994; Ord. G-5966 §§ 21, 22, 23, 1993; Ord. G-5684 §§ 29, 30, 1991; Ord. G-5346 §§ 25, 26, 1990; Ord. G-5030 § 5, 1989; Ord. G-5029 § 5, 1989; Ord. G-4993 §§ 8—10, 1989; Ord. G-4916 § 3, 1989; Ord. G-4832 §§ 34—37, 1988; prior code § 7020.03)

(Ord. No. G-8226, § 14, 11-8-11; Ord. No. G-8656, § 3, 7-26-16; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 6, 3-8-21)

All other uses not expressly permitted by Sections 19.14.020 and 19.14.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the A-1 district, including final tract map residential subdivisions.

(Ord. G-7189 § 21, 2005: prior code § 7020.04)

No lot created within the A-1 district shall contain less than two and one-half (2½) gross acres, excepting in the case of the conveyance to or from a governmental agency, public entity, public utility, community water company or mutual water company for public purposes, public utility purposes, or for rights-of-way or well sites.

(Ord. G-6077 § 48, 1994: prior code § 7020.05)

19.14.060 - Minimum lot area per dwelling unit.

Except as specified in Section 19.14.030, there shall be no more than one (1) principal single-family dwelling per legal lot in the A-1 district.

(Ord. 4993 § 11, 1989: prior code § 7020.06)

19.14.070 - Yards and setbacks.

The following yard and setback requirements apply in the A-1 district:

A.

Front Yard. The front yard minimum setback for all buildings shall be as follows:

1.

Fifty-five (55) feet from the legal centerline of any existing or proposed public or private local street or access easements;

2.

Seventy (70) feet from the legal centerline of any existing or proposed secondary highway;

3.

Eighty (80) feet from the legal centerline of any existing or proposed major highway.

In no case shall the front-yard minimum setback be less than twenty-five (25) feet from the right-of-way established by any official or specific plan line, street or access easement.

B.

Side Yard. There shall be a side yard on each side of any building of not less than five (5) feet, except that on the street side of corner lots, buildings shall be set back a minimum of ten (10) feet from the right-of-way of any local street, existing or proposed secondary or major highway, or the right-of-way established by any official or specific plan line. However, within the rear twenty-five (25) feet on all reverse corner lots, there shall be a minimum side yard of twenty-five (25) feet from the right-of-way of any local street, existing or proposed secondary or major highway, or the right-of-way established by any official or specific plan line.

C.

Rear Yard. There shall be a rear yard of not less than five (5) feet, except that in the case of through lots, the designated rear yard shall be in accordance with the front-yard setback requirements.

(Ord. G-4832 § 38, 1988; prior code § 7020.07)

The following height limits apply in the A-1 district:

A.

Residential buildings shall not exceed three (3) stories or thirty-five (35) feet in height.

B.

Radio and television antennas, communication towers, chimneys, and other similar structures shall not exceed eighty (80) feet in height.

C.

There is no height limit on other nonresidential structures, except in areas of protected military airspace as specified in Section 19.08.160.

(Ord. G-7189 § 22, 2005; Ord. G-4832 § 39, 1988: prior code § 7020.08)

(Ord. No. G-8226, § 15, 11-8-11)

19.14.090 - Minimum distance between structures.

The following requirements apply to minimum distance between structures in the A-1 district:

A.

There shall be at least ten (10) feet between residential buildings.

B.

There shall be at least six (6) feet between a residential building and a nonresidential structure, except that pens, coops, stables, barns, corrals and other structures for housing livestock and buildings for processing, packing or storage of agricultural produce shall be at least one hundred (100) feet away from any residential building. There shall be a minimum setback of twenty (20) feet between an on-site residential building and an aviary.

(Ord. G-5966 § 25, 1993: Ord. G-5346 § 28, 1990; prior code § 7020.09)

19.14.100 - Parking.

Off-street parking in the A-1 district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7020.10)

19.14.110 - Signs.

The following types of signs are permitted in the A-1 district in accordance with the requirements of Chapter 19.84 of this title:

A.

Temporary real estate signs advertising the property for sale or rent, not to exceed sixteen (16) square feet each, excluding the area of any vertical and/or horizontal support members;

B.

Temporary construction signs;

C.

Temporary political, religious or civic campaign signs;

D.

Agricultural signs;

E.

Institutional identification signs, when approved in conjunction with a conditional use permit;

F.

Off-site directional signs for agricultural product direct marketing facilities pursuant to subsection (E) of Section 19.14.130 of this chapter;

G.

Oil identification signs.

(Ord. G-5861 § 9, 1992: Ord. G-5684 § 31, 1991: Prior code § 7020.11)

19.14.120 - Landscaping.

No landscaping is required in the A-1 district, except where required in conjunction with the approval of a discretionary permit pursuant to Chapter 19.104.

(Ord. G-6077 § 49, 1994: Prior code § 7020.12)

19.14.130 - Special review procedures and development standards.

The following special review procedures and development standards apply in the A-1 district:

A.

The breeding and raising of livestock permitted pursuant to Section 19.14.020 of this chapter shall be limited to one (1) horse, donkey, mule, cow, dairy stock, goat, hog, sheep or other similar animal per onequarter (¼) acre of lot area.

B.

Temporary fruit stands for the sale of agricultural, horticultural or farming products permitted pursuant to Section 19.14.020 of this chapter shall be approved by the planning director in accordance with the procedures set out in Sections 19.102.080 through 19.102.110 of this title and shall comply with the following standards and requirements:

1.

The floor area of the fruit stand shall not exceed four hundred (400) square feet.

2.

The fruit stand shall not be located closer than fifty-five (55) feet from the centerline of any public road, street or highway right-of-way.

3.

The stand shall be erected in such a manner that it can be readily removed by means of skids or other device.

4.

The owner shall remove the stand at his/her own expense when the stand is not in use for a period of thirty (30) days.

5.

Customer parking areas shall be treated with a dust binder in a manner to continuously prevent fugitive dust.

6.

The planning director may impose other reasonable conditions to ensure that this temporary use will not be detrimental to the public health, safety and welfare.

C.

The breeding and raising of livestock, in greater numbers than allowed by subsection (A) of Section 19.14.130 of this chapter, by minors in conjunction with a student-oriented fair project sponsored by a bona fide agricultural organization shall be permitted upon application to and approval by the planning and community development director of a temporary animal permit in accordance with the procedures set out in Sections 19.102.040 through 19.102.060 of this title.

1.

Application Contents. An application for a temporary animal permit shall include the following:

a.

The name and address of the applicant;

b.

The name(s) and address(es) of the property owner(s);

c.

Assessor's parcel number(s);

d.

Legal description of the subject property;

e.

Name of the organization sponsoring the applicant;

f.

A plot plan showing the location of proposed pens, coops, or areas for the breeding and raising of animals in relation to existing residence(s) and other buildings and structures within one hundred (100) feet of pens, coops, or areas housing livestock;

g.

The signature of each owner of the real property abutting the subject lot consenting to the granting of the temporary animal permit.

2.

Development Standards and Conditions. The breeding and raising of animals on a temporary basis shall comply with the following standards and conditions:

a.

Applicant shall be sponsored by a bona fide organization, such as, but not limited to, Future Farmers of America, 4-H Club, Cow-Belles, or Junior Farmers.

b.

The increase in animal density shall not exceed the density allowed by subsection (A) Section 19.14.130 of this chapter by more than fifty percent (50%). In any case, however, at least two (2), but no more than six (6), additional animals shall be allowed.

c.

The temporary animal permit shall be effective for a maximum period of six (6) months from the effective date of the permit. No more than one (1) such permit shall be approved for any lot within a one (1) year period.

d.

The written consent of each abutting property owner consenting to the granting of the temporary animal permit must be obtained.

e.

The applicant shall allow inspection of animal maintenance facilities by the Kern County engineering and survey services department (building inspection division) and the Kern County health department.

f.

The planning and community development director may revoke the temporary animal permit at any time for noncompliance with subsection (C)(2) of Section 19.14.130 of this chapter or upon receipt of a recommendation for revocation from the Kern County public health services department.

g.

Each additional animal authorized by the temporary animal permit over the allowable animal density specified by subsection (A) of Section 19.14.130 of this chapter shall be removed upon expiration of the permit.

D.

A mobilehome or recreational vehicle permitted as a temporary dwelling pursuant to Section 19.14.020 of this chapter shall comply with the following standards:

1.

Building permits for construction of the conventional single-family residence shall be obtained prior to or concurrently with the installation permit for the mobilehome.

2.

The mobilehome shall be removed from the premises or the recreational vehicle shall be removed from the premises or placed in dead storage if:

a.

Six (6) months have passed since the mobilehome or recreational vehicle was installed;

b.

Seven (7) days have passed since the conventional dwelling unit was approved for occupancy;

c.

The building permit has lapsed due to lack of activity.

3.

One (1) extension of time for a period not to exceed six (6) months may be granted by the planning director upon written request of the property owner. The extension of time may only be approved subject to the following conditions:

a.

An active building permit is on file with the Kern County engineering and survey services department (building inspection division);

b.

The construction of the conventional dwelling unit on the site has progressed to a stage of inspection and approval of the framing, rough electrical, rough mechanical, and rough and top-out of plumbing of the dwelling.

4.

Any mobilehome or recreational vehicle permitted as a temporary dwelling in excess of a six (6) month period of time pursuant to subsection (D)(3) of Section 19.14.130 of this chapter shall be removed or placed in dead storage if:

a.

The extension of time has expired;

b.

Seven (7) days have passed since the conventional dwelling unit was approved for occupancy;

c.

The building permit has lapsed due to lack of activity.

E.

Off-site directional signs for agricultural product direct marketing facilities shall be subject to the following standards:

1.

The direct marketing facility shall be established and operated in accordance with the provisions of this chapter and shall be primarily limited to the sale of unprocessed agricultural commodities grown on the same ranch or farm that provides such sale.

2.

The maximum sign area for each sign shall not exceed one hundred fifty (150) square feet.

3.

The number of signs shall be limited to a maximum of nine (9).

4.

The minimum spacing between signs shall be six hundred sixty (660) feet.

5.

The signs are for directional purposes only, and the text shall be limited to the producer's name or his brand name, the products available, and directions to the location of the point of sale.

Signs may be illuminated only during the actual hours that the facility is open for public sale of products.

7.

Sign height shall not exceed twelve (12) feet.

8.

Signs are permitted for a temporary, cumulative period of seven (7) months within any calendar year.

9.

Any sign permitted in accordance with this section shall not be located more than five (5) miles from the direct marketing facility for which the sign provides directions, unless the facility is located more than five (5) miles from a designated county major highway or state or federal highway. In such cases, a single sign may be located at the nearest designated county major highway or state or federal highway, regardless of the distance from the facility.

10.

All signs shall comply with the provisions and regulations of the California Department of Transportation, Outdoor Advertising Branch, when located adjacent to a state or federal highway.

11.

Prior to installation of any sign, a plan showing the location and the spacing of each sign shall be submitted to the planning director for approval. A copy of such plan shall be retained by the planning department for file purposes.

F.

Garage or yard sales are permitted without special permit provided they meet the following standards:

1.

Sales last no longer than three (3) days;

2.

Sales are held no more than twice yearly;

3.

Sales are conducted on the owner's or tenant's property. Multiple-family sales are permitted if they are held on the property of one (1) of the participants;

4.

No goods purchased for resale may be offered for sale;

No consignment goods may be offered for sale;

6.

Directional signs may be placed on the street right-of-way;

7.

All directional and advertising signs shall be freestanding and removed after completion of the sale;

8.

All directional and advertising signs placed on private property shall have the owner's permission;

9.

No directional or advertising signs may be larger than two (2) feet by three (3) feet.

G.

Manufactured homes shall be permitted provided that the proposed manufactured home complies with the following requirements:

1.

The manufactured home shall be certified under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C.—Section 5401 et seq.); and

2.

The manufactured home shall be installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code; and

3.

The manufactured home is no older than ten (10) years from the date application is made for an installation permit; and

4.

The manufactured home has a width greater than sixteen (16) feet; and

5.

The manufactured home complies with the following architectural requirements: and

a.

A minimum three-twelfths (three (3) inches vertical to twelve (12) inches horizontal) roof pitch, and

b.

Shingles customarily utilized in the construction of conventional single-family dwellings, and

c.

A minimum one (1) foot eave around the entire perimeter of the manufactured home as measured from the vertical wall surface, and

d.

Nonreflective siding material customarily utilized in the construction of conventional single-family dwellings which shall extend to ground level, and

e.

Siding material utilized as skirting shall be the same in construction materials, composition and color as the siding material utilized on the exterior wall surface of the manufactured home;

6.

Manufactured homes or mobilehomes not meeting all of the installation and architectural requirements specified in this section shall be permitted only upon approval of a conditional use permit, pursuant to Chapter 19.104.

H.

Vermiculture operations are permitted if all the following criteria are satisfied:

1.

The purpose of the operation is to enhance on-site soil characteristics through worm castings;

2.

The site is used for commercial irrigated crop production;

3.

All worm feedstock is limited completely to preprocessed greenwaste and similar organic materials (excluding sludge);

4.

Feedstock waste streams and volumes shall be approved, in writing, by the Kern County environmental health services department;

5.

There is no on-site composting;

There is no stockpiling of feedstock greater than seventy-two (72) hours;

7.

There is no commercial sales of feedstock or feedstock residual;

8.

The site is located a minimum of one (1) mile from any residentially or commercially zoned property as measured from the exterior project boundaries;

9.

The operation is in full compliance with all state and federal requirements.

I.

Development in the A-1 district shall also comply with the interpretations and provisions of Chapter 19.08 of this title.

(Ord. G-6864 § 18, 2002; Ord. G-6412 §§ 21, 22, 1997; Ord. G-6077 §§ 50—52, 1994; Ord. G-5966 § 26, 1993; Ord. G-4916 § 4, 1989; Prior code § 7020.13)

(Ord. No. G-8035, § 72, 4-20-10)

Chapter 19.16 - ESTATE (E) DISTRICT

The purpose of the Estate (E) district is to designate areas suitable for larger lot residential living environments. Uses are limited to those typical of and compatible with quiet residential neighborhoods. The minimum lot size shall be one-quarter (¼) acre (ten thousand eight hundred ninety (10,890) square feet) unless the E district is combined with the Lot Size combining district (Chapter 19.54 of this title) where a larger minimum lot size is specified. The minimum lot size may be reduced when any E district is combined with the Cluster (CL) combining district (Chapter 19.58 of this title). Agricultural uses permitted in the E district are accessory uses and shall not be established until a primary use is established.

(Ord. G-5684 § 32, 1991: prior code § 7025.01)

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the E district:

A.

Agricultural Uses.

— Breeding and raising animals pursuant to Section 19.16.130 of this chapter

• Growing of agricultural crops for domestic use of the resident/occupant

— Community garden pursuant to Section 19.16.130 of this chapter;

B.

Residential Uses.

— Accessory dwelling unit, pursuant to Chapter 19.90

— Manufactured home, mobilehome, or recreational vehicle, temporary, during construction of a singlefamily home pursuant to Section 19.16.130

— Manufactured home, pursuant to Section 19.16.130.E

— Residential accessory structures

— Residential facility, serving six (6) or fewer persons

— Single-family dwelling, with a width greater than sixteen (16) feet;

C.

Commercial Uses.

Offices:

— Temporary on-site real estate tract sales, including commercial coaches, pursuant to Section 19.16.130(D) of this title;

D.

Utility and Communication Facilities.

— Transmission lines and supporting towers, poles and underground facilities for gas, water, electricity, telephone or telegraph service owned and operated by a public utility company under the jurisdiction of the California Public Utilities Commission pursuant to Section 19.08.090 of this title;

E.

Resource Extraction and Energy Development Uses.

— Solar energy electrical generator which is accessory to a permitted or conditionally permitted use and where the power generated does not exceed the total on-site power demand

— Small wind energy system, pursuant to Section 19.08.415;

F.

Miscellaneous Uses.

— Day care home, large family, pursuant to Chapter 19.96 of this title

— Day care home, small family

• Drainage sump, if proposed and approved as part of a tentative subdivision map or tentative parcel map

• Flood control facilities

— Garage or yard sales pursuant to subsection (C) of Section 19.16.130 of this chapter

— Home occupation pursuant to Chapter 19.94 of this title

• Water storage or underground recharge facilities

• Water system, small or large.

(Ord. G-7482 § 20, 2007; Ord. G-7012 § 14, 2003; Ord. G-6968 § 8, 2003; Ord. G-6077 §§ 54, 55, 1994; Ord. G-5966 § 28, 1993; Ord. G-4916 § 5, 1989; Ord. G-4832 §§ 40, 41, 1988; prior code § 7025.02)

(Ord. No. G-8226, § 16, 11-8-11; Ord. No. G-8725, § 10, 7-11-17)

19.16.030 - Uses permitted with a conditional use permit.

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the E district subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Agricultural Uses.

Growing and Harvesting Crops:

— Berry crops

• Bush crops

— Christmas trees

• Field crops, irrigated

— Greenhouses for growing flowers and horticultural specialties, including hydroponically grown plants, for wholesale, mail order or off-site sales

— Nursery, plant, wholesale only

— Nut and fruit trees

— Timber

• Vegetables and herbs

— Vine crops;

2.

Breeding and Raising Animals:

— Birds, including doves, and other small fowl in excess of twenty-five (25)

— Homing, racing, or show pigeons, in excess of forty (40)

• Ostriches or emus;

B.

Residential Uses.

— Additional single-family dwellings, subject to the density limit set by Section 19.16.060 of this chapter, and not to exceed the maximum density permitted by the applicable general or specific plan,

— Community care facility

— Manufactured home or mobilehome, pursuant to subsection (E)(6) of Section 19.16.130 of this chapter

— Rest home

— Retirement home

— Single-family dwelling, with a width of sixteen (16) feet or less

— Supportive or transitional housing;

C.

Recreation, Entertainment and Tourist Facilities.

— Community recreational facilities

• Country club

• Equestrian establishment

• Golf course

• Golf driving range

• Park or playground

• Racetrack or test track, automobile, bicycle, horse or motorcycle

• Recreational vehicle park

• Sports arena, indoor

— Sports arena, outdoor, excluding flea market or swap meet

— Swimming pool, public

— Tennis or swim club

— Trade fairs and exhibitions, temporary (fourteen (14) day maximum), excluding flea markets and swap meets;

D.

Commercial Uses.

Offices:

— Temporary on-site real estate sales/construction

Services:

— Veterinary;

E.

Services.

— Ambulance;

F.

Transportation Facilities.

• Airport, private

• Airport, public use

• Heliport;

G.

Utility and Communications Facilities.

• Radio, television, microwave or commercial communications transmitter, receiver or translator

• Utility substation not specifically exempted by state law;

H.

Resource Extraction and Energy Development Uses.

• Mineral exploration

• Mining and mineral extraction pursuant to Chapter 19.100 of this title

• Oil or gas exploration and production pursuant to Chapter 19.98 of this title

• Wind-driven electrical generators, commercial or domestic;

I.

Waste Facilities.

• Sewage treatment plant;

J.

Institutional Uses.

• Cemetery, mausoleum, columbarium or mortuary

• Charitable or public service organization

• Church

• Club or lodge

• Community or senior citizens center

• Crematory in conjunction with a cemetery, mausoleum, columbarium or mortuary

• Library

— Museum

• Public agency or public utility building and facilities

• Sanitarium

• Water treatment plant;

K.

Educational Institutions and Schools.

1.

General:

• Preschool

• Elementary school

• Junior high school

— Senior high school

• College or university,

2.

Specialized instruction:

— Art, craft, music, dance classes;

L.

Miscellaneous Uses.

• Animal shelter

— Community septic disposal system

— Day-care center, with or without extended overnight services

• Drainage sump

— Kennel or dog training facilities

— Railroad caboose and similar accessory structures

— Recreational vehicle or boat storage, private and accessory to a residential development

• Skateboard ramps, noncommercial

• Whitewater rafting launch or landing site

• Wild animal keeping, including ostriches and llamas.

(Ord. G-7482 § 22, 2007; Ord. G-7012 § 16, 2003; Ord. G-6968 §§ 8, 10, 2003; Ord. G-6967 § 7, 2003; Ord. G-6870 § 8, 2002; Ord. G-6864 § 20, 2002; Ord. G-6641 § 9, 1999; Ord. G-6551 §§ 27, 28, 1998; Ord. G- 6412 § 24, 1997; Ord. G-6297 §§ 19, 20, 1996: Ord. G-6191 § 19, 1995; Ord. G-6077 §§ 57, 58, 1994; Ord. G-5966 § 30, 1993; Ord. G-5684 §§ 33, 34, 1991; Ord. G-5346 §§ 30, 31, 1990; Ord. G-4993 § 12, 1989; Ord. G-4916 § 6, 1989; Ord. G-4832 §§ 42—44, 1988; prior code § 7025.03)

(Ord. No. G-7821, §§ 33, 34, 1-27-09)

19.16.040 - Prohibited uses.

All other uses not permitted by Sections 19.16.020 and 19.16.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the E district.

(Ord. G-7189 § 24, 2005: prior code § 7025.04)

19.16.050 - Minimum lot size.

Except as otherwise provided in Chapter 19.58 of this title, no lot created within the E district shall contain less than one-quarter (¼) acre (ten thousand eight hundred ninety (10,890) net square feet) or as specified by the Lot Size combining district, excepting in the case of the conveyance to or from a governmental agency, public entity, public utility, community water company or mutual water company for public purposes, public utility purposes, or for rights-of-way or well sites.

(Ord. G-6077 § 60, 1994: prior code § 7025.05)

Except as otherwise provided in Chapter 19.58 of this title, there shall be no more than one (1) dwelling unit per minimum lot size specified by the Lot Size combining district with which the E district is combined.

(Prior code § 7025.06)

19.16.070 - Yards and setbacks.

The following yard and setback requirements apply in the E district:

A.

Front Yard. Except as otherwise provided in Section 19.08.120 of this title, the front yard minimum setback for all buildings shall be as follows:

1.

Fifty-five (55) feet from the legal centerline of any existing or proposed public or private local street or access easements;

2.

Seventy (70) feet from the legal centerline of any existing or proposed secondary highway;

3.

Eighty (80) feet from the legal centerline of any existing or proposed major highway.

In no case shall the front yard minimum setback be less than twenty-five (25) feet from the right-of-way established by any official or specific plan line, street or access easement.

B.

Side Yard. There shall be a side yard on each side of any building of not less than five (5) feet, except that on the street side of corner lots, buildings shall be set back a minimum of ten (10) feet from the right-of-way of any local street, existing or proposed secondary or major highway, or the right-of-way established by any official or specific plan line. However, within the rear twenty-five (25) feet of all reverse corner lots, there shall be a minimum side yard of twenty-five (25) feet from the right-of-way of any local street, existing or proposed secondary or major highway, or the right-of-way established by any official or specific plan line.

C.

Rear Yard. There shall be a rear yard of not less than five (5) feet, except that in the case of through lots, the designated rear yard shall be in accordance with the front-yard setback requirements.

(Ord. G-4832 § 45, 1988; prior code § 7025.07)

The following height limits apply in the E district:

A.

Buildings shall not exceed three (3) stories or thirty-five (35) feet.

B.

Detached accessory structures shall not exceed two (2) stories or thirty-five (35) feet.

C.

Radio and television antennas, communication towers, chimneys, and other similar structures shall not exceed eighty (80) feet.

(Ord. G-7189 § 25, 2005: prior code § 7025.08)

(Ord. No. G-8226, § 17, 11-8-11)

19.16.090 - Minimum distance between structures.

The following requirements apply to the minimum distance between structures in the E district:

A.

There shall be a minimum distance of ten (10) feet between residential buildings.

B.

There shall be a minimum distance of six (6) feet between a residential building and an accessory building or between accessory buildings, except that pens, coops or other structures for housing animals shall be at least thirty (30) feet away from any residential building or other building used for human habitation, and at least one hundred (100) feet away from any public park, school, hospital or similar institution.

(Ord. G-6864 § 22, 2002; Ord. G-6077 § 61, 1994: Ord. G-5346 § 34, 1990; prior code § 7025.09)

Off-street parking in the E district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7025.10)

The following types of signs are permitted in the E district in accordance with the requirements of Chapter 19.84 of this title:

A.

Temporary real estate signs advertising the property for sale or rent, not to exceed six (6) square feet each, excluding the area of any vertical and/or horizontal support members;

B.

Temporary subdivision signs;

C.

Permanent subdivision signs;

D.

Temporary construction signs;

E.

Temporary political, religious and civic campaign signs;

F.

Institutional identification signs, when approved in conjunction with a conditional use permit.

(Prior code § 7025.11)

19.16.120 - Landscaping.

No landscaping is required in the E district.

(Prior code § 7025.12)

19.16.130 - Special review procedures and development standards.

The following special review procedures and development standards apply in the E district:

A.

The breeding and raising of animals permitted pursuant to Section 19.16.020 of this chapter shall be limited to poultry, rabbits, and birds for domestic or hobby purposes, or similar small fowl and animals raised for food, scientific, or fur-bearing purposes, provided not more than twelve (12) of any one (1) or combination of such animals may be maintained on a single lot, except that a maximum of forty (40) pigeons may be kept within an enclosed structure. Animal enclosures shall be subject to the setback requirements specified in Section 19.16.090(B).

B.

A mobilehome or recreational vehicle permitted as a temporary dwelling pursuant to Section 19.16.020 of this chapter shall comply with the following standards:

1.

Building permits for construction of the conventional single-family residence shall be obtained prior to or concurrently with the installation permit for the mobilehome.

2.

The mobilehome shall be removed from the premises or the recreational vehicle shall be removed from the premises or placed in dead storage if:

a.

Six (6) months has passed since the mobilehome or recreational vehicle was installed;

b.

Seven (7) days has passed since the conventional dwelling unit was approved for occupancy;

c.

The building permit has lapsed due to lack of activity.

3.

One (1) extension of time for a period not to exceed six (6) months may be granted by the planning director upon written request of the property owner. The extension of time may only be approved subject to the following conditions:

a.

An active building permit is on file with the Kern County engineer and survey services department (building inspection division);

b.

The construction of the conventional dwelling unit on the site has progressed to a stage of inspection and approval of the framing, rough electrical, rough mechanical, and rough and top-out of plumbing of the dwelling.

4.

Any mobilehome or recreational vehicle permitted as a temporary dwelling in excess of a six (6) month period of time pursuant to subsection (B)(3) of Section 19.16.130 of this chapter shall be removed or placed in dead storage if:

a.

The extension of time has expired;

b.

Seven (7) days has passed since the conventional dwelling unit was approved for occupancy;

c.

The building permit has lapsed due to lack of activity.

C.

Garage or yard sales are permitted without special permit provided they meet the following standards:

1.

Sales last no longer than three (3) days;

2.

Sales are held no more than twice yearly;

3.

Sales are conducted on the owner's or tenant's property. Multiple-family sales are permitted if they are held on the property of one (1) of the participants;

4.

No goods purchased for resale may be offered for sale;

5.

No consignment goods may be offered for sale;

6.

Directional signs may be placed on the street right-of-way;

7.

All directional and advertising signs shall be freestanding and removed after completion of the sale;

8.

All directional and advertising signs placed on private property shall have the owner's permission;

9.

No directional or advertising signs may be larger than two (2) feet by three (3) feet.

D.

Temporary on-site real estate tract sales offices are permitted without special permit provided they meet the following standards:

1.

The office shall be permitted for recorded subdivision tracts only;

2.

No more than one (1) office shall be permitted within any subdivision tract;

3.

Only lots within the subject subdivision tract shall be marketed through the office;

4.

All signs shall conform with the requirements of Section 19.84.070;

5.

No construction equipment or materials storage shall be permitted; and

6.

Upon sale of all lots within the residential tract, the site shall be converted to residential use.

E.

Manufactured homes shall be permitted provided that the proposed manufactured home complies with the following requirements:

1.

The manufactured home shall be certified under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C.—Section 5401 et seq.); and

2.

The manufactured home shall be installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code; and

3.

The manufactured home is no older than ten (10) years from the date application is made for an installation permit; and

4.

The manufactured home has a width greater than sixteen (16) feet; and

The manufactured home complies with the following architectural requirements:

a.

A minimum three-twelfths (three (3) inches vertical to twelve (12) inches horizontal) roof pitch, and

b.

Shingles customarily utilized in the construction of conventional single-family dwellings, and

c.

A minimum one (1) foot eave around the entire perimeter of the manufactured home as measured from the vertical wall surface, and

d.

Nonreflective siding material customarily utilized in the construction of conventional single-family dwellings which shall extend to ground level, and

e.

Siding material utilized as skirting shall be the same in construction materials, composition and color as the siding material utilized on the exterior wall surface of the manufactured home;

6.

Manufactured homes or mobilehomes not meeting all of the installation and architectural requirements specified in this section shall be permitted only upon approval of a conditional use permit, pursuant to Chapter 19.104.

F.

Notwithstanding the requirements of this chapter, the breeding and raising of up to two (2) large animals may be permitted with approval of a temporary animal permit subject to the following standards and conditions:

1.

The applicant shall be sponsored by a bona fide organization, such as, but not limited to, Future Farmers of America, 4-H Club, Cow-Belles or Junior Farmer.

2.

The animals can be kept in such a manner as to not create adverse impacts on adjacent properties.

3.

Animal keeping areas are cleaned daily.

The animals are kept in good health.

5.

The written consent of each abutting property owner consenting to the granting of the temporary animal permit must be obtained.

6.

The applicant shall allow inspection of animal maintenance facilities, when requested, by responsible county agencies.

The temporary animal permit shall be for a maximum period of six (6) months from the effective date of the permit. No more than one (1) such permit shall be approved for any lot within a one- (1-) year time period.

G.

Community gardens are permitted subject to the issuance of a permit as provided for in Section 19.102.070 of this title and subject to following the requirements:

1.

The lot or lots used for the garden are owned or leased by a property owner's association, homeowner's association, tenant's association, non-profit organization or public agency which has established an organizational entity and framework for administration of the garden.

2.

The organizational entity that administers the garden shall establish and enforce rules pertaining to the use of the property and rights of membership. A copy of the adopted rules shall be filed with the planning department, together with name and contact information of an individual who oversees the program. The adopted rules shall contain provisions requiring the removal of all structures and materials in the event of the dissolution of the administering entity.

3.

A maximum of five (5) acres shall be used in conjunction with any community garden site established pursuant to this chapter. Larger garden sites may be accommodated through the conditional use permit provisions contained in Chapter 19.104 of this title.

4.

Each community garden site shall be posted with a sign not exceeding sixteen (16) square feet and not exceeding a height of six (6) feet that identifies the site as a community garden and provides essential contact information.

5.

No permanent buildings shall be permitted; however, temporary structures not exceeding one hundred twenty (120) square feet each may be placed on-site for the storage of tools, materials, and equipment

used for on-site gardening, if authorized under the rules adopted by the organizational entity that administers the garden. The combined area of all such storage structures shall not exceed ten percent (10%) of the overall garden site area. Benches or picnic tables, composting bins, trash containers, garden art, and designated play areas for children may be provided for the benefit of community garden members, if provided for in the adopted rules governing the use of the site and rights of membership and if determined by the planning director to be clearly accessory and incidental to the community garden. Perimeter and individual plot fencing is permitted and shall not exceed a height of six (6) feet.

6.

The community garden shall be operated and maintained in such a manner so that irrigation water is retained on-site and there are no off-site erosion or sedimentation impacts.

7.

There shall be no on-site sales except for produce grown on-site. One (1) temporary produce stand not exceeding an area of six hundred (600) square feet may be permitted for each community garden site, if provided for in the adopted rules governing the use of the site and rights of membership and considered by the planning director pursuant to Section 19.102.070. Up to two (2) temporary on-site signs not exceeding

a combined total of forty-eight (48) square feet to advertise the sale of produce may be authorized in conjunction with a request for a temporary produce stand, as determined by the planning director.

8.

The planning director may impose reasonable conditions in conjunction with approval of a community garden permit that are deemed necessary to safeguard public health, safety and general welfare.

9.

If public complaints arise from the operations of a community garden authorized by this title or if any such garden creates nuisance impacts on surrounding roads or properties, the planning director may serve written notice upon the community garden property owner and the responsible organizational entity to abate the problem. If the problem continues beyond a reasonable time period as set forth in the planning director's written order, the planning director may schedule a public hearing pursuant to Section 19.102.020 and 19.102.090 of this title. The planning director shall consider whether or not the community garden may continue to operate and may modify conditions or impose additional conditions deemed necessary to safeguard the public health, safety and general welfare. If the planning director orders the closure of the community garden, all structures, material and produce shall be removed from the site within sixty (60) days of the effective date of said order. Any decision of the planning director may be appealed to the board of supervisors, subject to payment of the required filing fee and the applicable provisions specified in Section 19.102.110 of this title.

H.

Development in the E district shall also comply with the interpretations and provisions of Chapter 19.08 of this title.

(Ord. G-6864 §§ 23, 24, 2002; Ord. G-6417 § 3, 1997; Ord. G-6331 § 3, 1996; Ord. G-6077 §§ 62, 63, 1994; Ord. G-5966 § 32, 1993; Ord. G-4916 § 7, 1989; Ord. G-4832 § 46, 1988; Prior code § 7025.13)

(Ord. No. G-8226, §§ 18, 19, 11-8-11)